The Himachal Pradesh Electricity Regulatory Commission, in exercise of
the powers conferred by sub-section (1) and clause (zp) of subsection (2) of
Section 181, of the Electricity Act, 2003 (36 of 2003) and all other enabling
powers it in this behalf, hereby, after previous publication makes the
following regulations to amend the Himachal Pradesh Electricity Regulatory
Commission (Deviation Settlement Mechanism and Related Matters) Regulations,
2018, read with its first amendment thereof as per the notification issued on
29th June, 2019, as published in the Rajpatra, Himachal Pradesh on 3rd July, 2019
(hereinafter jointly referred as "the said regulations"), namely:- (1)
These
regulations may be called the Himachal Pradesh Electricity Regulatory
Commission (Deviation Settlement Mechanism and Related Matters) (Second
Amendment) Regulations, 2021. (2)
These
regulations shall come into force from 00.00 hrs of the first day of the week
(i.e. Monday) starting immediately after the date of their publication in the
Rajpatra, Himachal Pradesh. In item (i) of sub-regulation (1), for the sign ";" appearing
at the end of the para, the sign ":" shall be substituted and
thereafter the following new proviso shall be added, namely:- "Provided that the deviation in case of the distribution licensee
shall always be computed in terms of under drawal or over drawal for each time
block by treating it as a buyer even if it exports power to the grid in some
time blocks;" (I)
In item
(iii) of sub-regulation (C), for the word, sign and figure "of +/-
12%", the words and figure "as specified in regulation 9" shall
be substituted; (II)
In
sub-regulation (H), for the sign "." appearing at the end of the
para, the sign ":" shall be substituted and thereafter the following
new proviso shall be added, namely:- "Provided that in case of transactions involving sale or purchase
of power from the Solar/Wind generating stations, the provisions of the
Schedule to these regulations shall be applicable."; (III)
In
sub-regulation (I), for the sign "." appearing at the end of the
para, the sign ":" shall be substituted and thereafter the following
new proviso shall be added, namely:- "Provided that in case of transactions involving sale or purchase
of power from the Solar/Wind generating stations, the provisions of the
Schedule to these regulations shall be applicable." ; (IV)
In
sub-regulation (IA) for the words, "pay the additional charges, in case of
violation", the words, "pay the additional charges, save as provided
in the Schedule to these regulations in relation to the sale or purchase of
power from the Solar/Wind generating stations, in case of violation " shall
be substituted; (V)
In
sub-regulation (L)- For the sixth proviso, the following shall be substituted, namely:- "Provided further that if SLDC procures URS on the basis of
specific requests made by the distribution licensee or any other State
Entity(ies), it shall apportion such URS to the concerned State Entity(ies)
exclusively." ; and (VI)
In
sub-regulation (N), the existing para shall be numbered as "(i)" and
thereafter the following new para "(ii)" shall be added, namely:- "(ii) The State Entities shall provide data
telemetry to SLDC and shall ensure the correctness of the real time data and
undertake the corrective actions, if required. Frequency of real time data
updation to be shared with SLDC shall be 10 second or less as per prevailing
practice being followed by RLDCs. Further, any other outage plan shall be
forwarded to SLDC: Provided that the State Entities shall follow Central Electricity
Regulatory Commission (Communication Systems for Inter-State Transmission of
Electricity) Regulations, 2017 for Communication infrastructure to be used for
data communication, tele-protection of power system at the State level till the
Commission notifies separate regulations on Communication systems for State
Entities: Provided further that the State Entities shall abide by any guidelines,
technical standards, protocols for communication system etc. which may be
notified by CEA under CERC (Communication Systems for Inter-State Transmission
of Electricity) Regulations, 2017, as applicable to them." In sub-regulation (1) - (i)
for the
words "The charges for the Deviations" appearing in the beginning of
para, the words "Save as provided in the Schedule to these regulations in relation
to the sale or purchase of power from the Solar/Wind generating stations, the
charges for the Deviations" shall be substituted ; and (ii)
in the
proviso - (a)
in item (i),
for the words "the receivables", the words "in case of the State
Entities other than the distribution licensee, the receivables" shall be
substituted ; and (b)
after item
(ii), the following new item "(iii)" shall be added, namely:- "(iii) In
case of distribution licensee, the receivables against the charges for the
Deviation for the under drawal in a time block in excess of 12% of the absolute
value of the Scheduled drawal, shall be zero: Provided that in case of distribution licensee, when absolute value of
Schedule in a time block is less than or equal to 300 MW, the charges for
deviation for the under drawal in excess of 36 MW, shall be zero." (i)
in
sub-regulation (1), for the words "The over-drawal/under-drawal of
electricity by any buyer", the words, brackets and figure "Save as
provided in sub-regulation (3) of this regulation, the over-drawal/under-drawal
of electricity by a State Entity other than the distribution licensee"
shall be substituted; and (ii)
after
sub-regulation (2), the following new sub-regulation (3) shall be added,
namely:- "(3) The
over-drawal/under-drawal of electricity by distribution licensee during any
time block shall not exceed 12% of the absolute value of the Scheduled drawal,
when grid frequency is "49.85 Hz and above" but "below 50.05
Hz": Provided that in case of distribution licensee, when absolute value of
Schedule is less than or equal to 300 MW, the over drawl/under drawl of
electricity shall not exceed 36 MW, when grid frequency is "49.85 Hz and
above" but "below 50.05 Hz". In sub-regulation (1) - (i)
for the
words "In addition to charges" appearing in the beginning of para,
the words "Save as provided in the Schedule to these regulations in
relation to the sale or purchase of power from the Solar/Wind generating
stations, in addition to charges" shall be substituted ; and (ii)
for the
existing proviso, the following provisos shall be substituted, namely:- "Provided that in case of distribution licensee, when the absolute
value of its Schedule is less than or equal to 300 MW, the additional charges
for the deviation payable by the distribution licensee shall be based on the
percentage of deviation worked out with reference to the Schedule of 300 MW: Provided further that any drawal of power by a generating station prior
to COD of a unit for the start up activities shall be exempted from the payment
of additional charges of Deviation." In the first proviso to clause (b), for the words "Provided
that", the words "Provided that, save as provided in the Schedule to
these regulations in relation to the sale or purchase of power from the
Solar/Wind generating stations," shall be substituted. The following "Schedule" shall be added to the said
regulations, namely:- "Schedule" Special provisions in relation to the sale/purchase/captive consumption
of power from Solar/Wind generating stations. (1)
Applicability:- This Schedule shall be applicable for the transactions involving:- (i)
Sale of
power by the Solar/Wind generators, which are State Entities, to the buyers,
which are also the State Entities; (ii)
Sale of
power by the Solar/Wind generators, which are State Entities, to the buyers
outside the State; (iii)
Sale of
power by the Solar/Wind generators to the buyers within the State by availing
Inter State Open Access; (iv)
Captive
consumption by the Solar/Wind generators by availing Intra State Open Access;
and (v)
Captive consumption
by the Solar/Wind generators by availing Inter State Open Access. (2)
Definitions:- In this Schedule, unless the context otherwise requires,.- (i)
'Absolute
Error' shall mean the absolute value of the error in the actual generation of
Solar/Wind generators with reference to the Scheduled generation and the
'Available Capacity' (AvC), as calculated using the following formula for each
15 minute time block: Error (%) = 100 X No. of time blocks in an hour X [Actual Generation-
Scheduled Generation]/(AvC) Note:- Actual generation and Scheduled generation shall be take in MWH
and the AvC shall be taken in MW. (ii)
'Available
Capacity (AvC)' for Solar/Wind generators which are State Entities shall mean
the cumulative capacity rating of the solar inverters/wind turbines that are
capable of generating power in a given time-block; (3)
Deviation
Charges:- The deviation charges for under or over-injection and the other related
charges i.e. additional deviation charges and the sustained deviation charges
shall be applicable for these types of transactions as per the following
provisions:- (I)
Intra-State
Transactions:-Sale of power by the Solar/Wind generators, which are State
Entities to the buyers, which are also State Entities; and Captive consumption
by the Solar/Wind generators by availing Intra State Open Access:- (i)
the
generators shall be paid on the basis of actual generation, subject, however,
to adjustment of losses etc; (ii)
the
generation Schedule as well as the corresponding drawal Schedule shall be
treated as revised based on actual generation for the billing purposes; (iii)
for the
deviations in the generation, being less or more than the Scheduled generation,
the deviation charges for shortfall or excess generation shall be payable by
the Solar/Wind generator or the QCA on its behalf, as the case may be, to the
State Deviation Pool Account, at the following rates:- Table – 5 Sr. No. Absolute
error in the 15-minute time block Deviation
Charges payable 1. <= 15% None 2. >15%
but <= 25% (@ Rs.
0.50 per unit for the shortfall or for the excess energy beyond 15% and upto
25%) 3. >25%
but <=35% (@Rs. 0.50
per unit for shortfall or for excess energy beyond 15% and upto 25%) + (@Rs.
1.00 per unit for balance energy beyond 25% and up to 35%) 4 > 35% (@Rs. 0.50
per unit for the shortfall or for the excess energy beyond 15% and upto 25%)
+ (@Rs. 1.00 per unit for the energy beyond 25% and up to 35%)+(@Rs. 1.50 per
unit for the balance energy beyond 35%) Note:- (a)
The charges
payable for deviation from Schedule by the Solar/Wind generators which are
State Entities, shall be delinked from frequency. (b)
The charges
under regulations 7, 8, 9 and 9A of these regulations shall not be applicable
in such cases. (c)
the
deviations, if any, in the drawals by the buyer based on the revised Schedule
as per clause (ii) above, shall be accounted for in accordance with the main
regulations i.e. Regulation 1 to 20 of these regulations; and (II)
Inter -State
Transactions:- (a)
Sale of
power by the Solar/Wind generators, which are State Entities, to the buyers
outside the State; (b)
Sale of
power by the Solar/Wind generators to the buyers within the State by availing
Inter State Open Access; and (c) Captive consumption by the Solar/Wind
generators by availing Inter State Open Access:- (i)
If NRLDC
gives a separate treatment to such transactions as per sub-clauses (v)(vi) and
(vii) of clause (1) under regulation 5 of Central Electricity Regulatory
Commission (Deviation Settlement Mechanism and related matters) (Second Amendment)
Regulations, 2015, the SLDC shall also give the similar treatment, for the
purposes of deviation and other related charges under these regulations as well
as for accountal of RPOs, to the inter-State transactions involving sale of
power or captive consumption by the Solar/Wind power generators as well as for
the purchase of power by the State Entities from such generators. The SLDC
shall keep separate account of such transactions and shall reflect the same
suitably in weekly bills etc. The amount to be billed (recoverable/payable) on
the concerned State Entity shall be at par with those billed by NRLDC for such
transactions except for adjustment of losses, transmission and wheeling charges
etc.; and (ii)
If NRLDC
does not give special treatment for such transactions as per item (i) above,
the SLDC shall also not give special treatment to such transactions and shall
charge the concerned State Entities for such transactions at the normal rates
as per regulations 7, 8, 9 and 9A of these regulations and no special rates for
deviation etc. shall be applicable. In such cases the SLDC shall not be
required to maintain separate account for such transactions. (4)
Dedicated
Sale/Purchase of power by distribution licensee from Solar/Wind Sources:- The distribution licensee shall be treated as separate State Entity(ies)
for the transactions involving - (i)
dedicated
sale of power by the distribution licensee from its Solar/Wind sources, whether
from its own projects or out of the dedicated purchases made by it from such sources,
to the buyers within the State which are State Entities; (ii)
dedicated
sale of power by the distribution licensee from its Solar/Wind sources, whether
from its own projects or out of the dedicated purchases made by it from such
sources, to the buyers outside the State; (iii)
dedicated
purchase of power from the Solar/Wind generating stations which are State
Entities; and (iv)
dedicated
purchase of power from Solar/Wind generating stations by availing Inter State
Open Access. Transactions involving dedicated sale/purchase of energy by the
distribution licensee under such scenarios will be given the treatment at par
with the respective provisions, as applicable for Intra State Transactions or
Inter State Transactions as the case may be of this Schedule. (5)
Other Provisions:- Except for the special provisions made in the Schedule, all other
provisions of the main regulation 1 to 20 of these regulations, including those
for payment etc., shall be applicable.HIMACHAL PRADESH
ELECTRICITY REGULATORY COMMISSION (DEVIATION SETTLEMENT MECHANISM AND RELATED
MATTERS) (SECOND AMENDMENT) REGULATIONS, 2021
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