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Saturday, May 18, 2013

Existing Power Cos may Get to Revise Supply Pacts


The government plans to put in place a framework for the revision of power tariffs for operational projects that are facing an additional cost burden due to Coal India’s (CIL) inability to supply fuel that was assured when the projects were set up.

The ministry of power has written to the Central Electricity Regulatory Commission (CERC), seeking its advice on how to tackle the fuel availability risk for operational projects where long-term supply pacts have been inked with distribution companies (discoms). Any positive gesture from CERC could benefit projects totalling 37,680 MW, owned by NTPC and private utilities.

“Over 37,000 MW of operational projects and 28,000 MW of upcoming projects have slowed as CIL has not been able to meet its supply obligations. Companies had invested in these projects because the government had assured fuel availability. But now CIL is unable to supply (coal), and we have to import expensive fuel to meet our power-supply obligations. It’s crucial to have a provision to pass on the additional cost to customers and keep power projects financially viable,” said Ashok Khurana, director general of Association of Power Producers (APP).


A steep rise in coal prices, supply shortage and the inability of power producers to pass on the additional cost to discoms and consumers, have raised doubts about the viability of power projects. The government has, so far, not taken a stand on projects which are already operational and supplying power, as promoters of these projects must individually renegotiate their respective contracts with discoms, which is a lengthy and difficult process, sector players said.

“Imported coal can be 40% more expensive than domestic coal and we need to pass on this cost to save these projects from being unviable,” said Vinayak Chatterjee, chairman and co-founder of infrastructure consultancy firm Feedback Infrastructure.

CIL may only supply 60-65% of the annual contracted quantity to power producers, but in 2008-10, these projects were assured enough coal to run at 85% capacity.

In a letter to CERC, a copy of which is with ET, the power ministry says, “In the case of powerpurchase agreements, which have already concluded between developers and discoms, the project owner may have to use imported coal to bridge the shortage of domestic coal…CERC is requested to advise the government on the manner in which the problem of fuel availability can be addressed, with regards to the power producers who have already entered into longterm Power Purchase Agreements with discoms.”

The power ministry cites that in February, the Cabinet Committee on Economic Affairs (CCEA) had decided that for projects commissioned between April 2009 and March 2015, CIL would supply imported coal on a cost-plus basis to producers willing to buy such fuel and that the higher cost of imported coal will have to be allowed as a pass through.

Recently, CERC gave a breather to companies like Tata Power and Adani Power by allowing them to get “compensatory tariff ” to make up for the steep rise in imported coal prices. The government is also in the process of notifying a standard bid document which will address issues of tariff revision for new projects.

But these measures do not apply to operational projects where the power purchase agreements have already been sealed. A senior executive from CERC said that the order on Tata Power and Adani Power related to a change in foreign law resulting in a rise in the price of coal, and can therefore not be used as precedence in this instance. But he said that the CERC would consider the collective problem of the power sector due to CIL’s inability to supply adequate fuel and suggest generic measures that states can adapt.

Source: ET 13/05/2013

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