before the maharashtra electricity ... - reliance energy · shri deepak lad, member order ... 1.6...
TRANSCRIPT
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Before the
MAHARASHTRA ELECTRICITY REGULATORY COMMISSION
World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai – 400 005
Tel. 22163964/ 65/ 69 Fax 22163976
Email: [email protected]
Website: www.mercindia.org.in/www.merc.gov.in
CASE No. 13 of 2016
In the matter of
Petition of Reliance Infrastructure Ltd. (Transmission Business) for Truing-up of
ARR for FY 2014-15, Provisional Truing-up of FY 2015-16 and approval of ARR
for the MYT Third Control Period from FY 2016-17 to FY 2019-20
Coram
Shri Azeez M. Khan, Member
Shri Deepak Lad, Member
ORDER
Date: 22 June, 2016
Reliance Infrastructure Ltd.’s Transmission Business (RInfra-T), Devidas Lane , Off SVP Road ,
Borivali Mumbai has filed a Petition on 28 January, 2016 for Truing-up for FY 2014-15,
provisional Truing-up of FY 2015-16 and approval of Aggregate Revenue Requirement (ARR)
for the 3rd
MYT Control Period from FY 2016-17 to FY 2019-20 under the MERC (Multi Year
Tariff) Regulations (‘MYT Regulations’), 2015. Thereafter, a revised Petition was filed on 8
March, 2016. The Commission, in exercise of the powers vested in it under Sections 61 and 62
of the Electricity Act (EA), 2003 and all other powers enabling it in this behalf, and after taking
into consideration the submissions made during these proceedings and the public consultation
process, and all other relevant material, has approved the Truing-up for FY 2014-15, provisional
Truing-up for FY 2015-16 and, ARR for FY 2016-17 to FY 2019-20 in this Order.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 2 of 118
TABLE OF CONTENTS
1 BACKGROUND AND BRIEF HISTORY ................................................................... 11
1.1 Background .........................................................................................................................11
1.2 Regulatory Regime for Transmission Pricing .....................................................................11
1.3 MERC (Multi Year Tariff) Regulations, 2011 ....................................................................12
1.4 MERC (MYT) (First Amendment) Regulations, 2011 .......................................................13
1.5 Order on ARR of RInfra-T for FY 2011-12 ........................................................................13
1.6 Order on Business Plan of RInfra-T for 2nd
Control Period ................................................13
1.7 Order on RInfra-T’s Petition for Truing-up of FY 2010-11 and FY 2011-12 ....................13
1.8 Order on approval of ARR for 2nd
Control Period FY 2012-13 to FY 2015-16 .................13
1.9 MTR Order for FY 2012-13 to FY 2015-16 .......................................................................14
1.10 MERC (Multi Year Tariff) Regulations, 2015 ....................................................................14
1.11 Truing-up of ARR for FY 2014-15, provisional Truing-up of FY 2015-16 and ARR
approval for 3rd
Control Period from FY 2016-17 to FY 2019-20 ......................................14
1.12 Admission of Petition and Public Consultation Process .....................................................15
1.13 Organization of the Order ....................................................................................................15
2 SUGGESSIONS/OBJECTIONS RECEIVED, RINFRA-T’S RESPONSE AND
COMMISSION’S VIEW ................................................................................................ 17
3 IMPACT OF ATE JUDGMENTS ................................................................................. 18
3.1 RInfra-T’s Appeal against MTR Order dated 26 June, 2015 in Case No. 221 of 2014 ......18
4 TRUE-UP OF ARR FOR FY 2014-15 ........................................................................... 19
4.1 Background .........................................................................................................................19
4.2 Capital Expenditure and Capitalisation ...............................................................................19
4.3 Unutilised Bays ...................................................................................................................26
4.4 Interest on Long Term Loans ..............................................................................................30
4.5 Depreciation ........................................................................................................................32
4.6 Return on Equity .................................................................................................................33
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 3 of 118
4.7 Operation and Maintenance Expenses ................................................................................34
4.8 Interest on Working Capital ................................................................................................38
4.9 Contribution to Contingency Reserves ................................................................................40
4.10 Income Tax ..........................................................................................................................42
4.11 Revenue from Transmission Charges ..................................................................................43
4.12 Non-Tariff Income ..............................................................................................................44
4.13 Income from Other Business ...............................................................................................45
4.14 Incentive on Availability of RInfra-T Network ..................................................................46
4.15 Sharing of Gains and Losses for FY 2014-15 .....................................................................47
4.16 Revenue Gap/Surplus for FY 2014-15 ................................................................................50
5 PROVISIONAL TRUE-UP OF ARR FOR FY 2015-16 .............................................. 54
5.1 Background .........................................................................................................................54
5.2 Capital Expenditure and Capitalisation ...............................................................................54
5.3 Interest on Long Term Loans ..............................................................................................57
5.4 Depreciation ........................................................................................................................59
5.5 Return on Equity .................................................................................................................61
5.6 Operation and Maintenance Expenses ................................................................................62
5.7 Interest on Working Capital ................................................................................................66
5.8 Contribution to Contingency Reserves ................................................................................68
5.9 Income Tax ..........................................................................................................................69
5.10 Revenue from Transmission Charges ..................................................................................70
5.11 Non-Tariff Income ..............................................................................................................71
5.12 Income from Other Business ...............................................................................................73
5.13 Provisional Revenue Gap/ Surplus for FY 2015-16 ............................................................73
6 MULTI YEAR TARIFF FOR FY 2016-17 TO FY 2019-20 ........................................ 76
6.1 Background .........................................................................................................................76
6.2 Capital Expenditure and Capitalisation ...............................................................................76
6.3 Interest on Long Term Loans ..............................................................................................84
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 4 of 118
6.4 Depreciation ........................................................................................................................88
6.5 Return on Equity .................................................................................................................90
6.6 Operation and Maintenance Expenses ................................................................................93
6.7 Interest on Working Capital ................................................................................................98
6.8 Contribution to Contingency Reserves ..............................................................................100
6.9 Income Tax ........................................................................................................................101
6.10 Non-Tariff Income ............................................................................................................102
6.11 Income from Other Business .............................................................................................103
6.12 Carrying/ Holding Cost on Revenue Gap / Surplus for FY 2014-15 ................................104
6.13 ARR for FY 2016-17 to FY 2019-20 ................................................................................106
7 DIRECTIVES IN MTR ORDER, AND COMPLIANCE STATUS ......................... 109
7.1 Background .......................................................................................................................109
7.2 Timely Completion of Project ...........................................................................................109
8 SUMMARY OF COMMISSION RULING ................................................................ 111
8.1 Impact of ATE Judgment ..................................................................................................111
8.2 True-up for FY 2014-15 ....................................................................................................111
8.3 Provisional True-up for FY 2015-16 .................................................................................112
8.4 Multi Year Tariff for FY 2016-17 to FY 2019-20 ............................................................113
9 RECOVERY OF TRANSMISSION CHARGES ....................................................... 115
10 APPLICABILITY OF THE ORDER .......................................................................... 116
11 APPENDIX-1: LIST OF PERSONS AT THE TVS HELD ON 24 FEBRUARY, 2016
.............................................................................................................................. 117
12 APPENDIX-2: LIST OF PERSONS AT THE PUBLIC HEARING HELD ON 13
APRIL, 2016 ................................................................................................................... 118
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 5 of 118
List of Tables
Table 1: Capitalisation for FY 2014-15, as submitted by RInfra-T .............................................. 19
Table 2: Reasons for Time Over-run provided by RInfra-T ......................................................... 21
Table 3: Scheme-wise DPR Cost and Actual Cost including and excluding IDC, with completion
reports ........................................................................................................................................... 23
Table 4: Scheme-wise DPR Cost and Actual Cost, including and excluding IDC, pending for
completion reports ........................................................................................................................ 24
Table 5: Capitalisation claimed by RInfra-T and approved by Commission for FY 2014-15 ..... 26
Table 6: Unutilised Bays in Transmission System of RInfra-T .................................................... 27
Table 7: Impact of Unutilised Bays on Opening Balance of FY 2014-15 .................................... 29
Table 8: Interest on Long Term Loans for FY 2014-15, as submitted by RInfra-T ..................... 30
Table 9: Interest on Long Term Loans for FY 2014-15, as approved by Commission ................ 31
Table 10: Depreciation for FY 2014-15, as submitted by RInfra-T ............................................. 32
Table 11: Depreciation Cost for FY 2014-15, as approved by Commission ................................ 33
Table 12: Return on Equity for FY 2014-15, as submitted by RInfra-T ...................................... 33
Table 13: Return on Equity for FY 2014-15, as approved by Commission ................................. 34
Table 14: Summary of O&M Expenses for FY 2014-15, as submitted by RInfra-T ................... 35
Table 15: O&M Expenses for FY 2014-15, as approved by Commission ................................... 38
Table 16: Interest on Working Capital for FY 2014-15, as submitted by RInfra-T ..................... 39
Table 17: Interest on Working Capital for FY 2014-15, as approved by Commission ................ 40
Table 18: Contribution to Contingency Reserves for FY 2014-15, as submitted by RInfra-T .... 40
Table 19: Contribution to Contingency Reserves for FY 2014-15, as approved by Commission 41
Table 20: Income Tax for FY 2014-15, as submitted by RInfra-T ............................................... 42
Table 21: Income Tax for FY 2014-15, as approved by Commission .......................................... 43
Table 22: Revenue from Transmission Charges for FY 2014-15, as approved by Commission . 44
Table 23: Non-Tariff Income for FY 2014-15, as submitted by RInfra-T ................................... 44
Table 24: Non-Tariff Income for FY 2014-15, as approved by Commission .............................. 45
Table 25: Income from Other Business for FY 2014-15, as submitted by RInfra-T .................... 45
Table 26: Income from Other Business for FY 2014-15, as approved by Commission ............... 46
Table 27: Incentive on Availability for FY 2014-15, as approved by Commission ..................... 47
Table 28: Normative O&M Expenses for FY 2014-15, as submitted by RInfra-T ...................... 48
Table 29: Sharing of Efficiency Gain for O&M Expenses for FY 2014-15, as submitted by
RInfra-T ........................................................................................................................................ 48
Table 30: Normative O&M Expenses for FY 2014-15, approved by Commission ..................... 48
Table 31: Net Entitlement of O&M Expenses for FY 2014-15, as approved by Commission .... 49
Table 32: Summary of True-up for FY 2014-15, including sharing of efficiency gains/losses, as
submitted by RInfra-T................................................................................................................... 50
Table 33: Summary of True-up for FY 2014-15, including sharing of efficiency gains/losses, as
approved by Commission ............................................................................................................. 51
Table 34: Scheme-wise Capitalisation for FY 2015-16, as submitted by RInfra-T ..................... 55
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 6 of 118
Table 35: Capitalisation for FY 2015-16, as submitted by RInfra-T ............................................ 55
Table 36: Capitalisation for FY 2015-16, as approved by Commission ....................................... 57
Table 37: Interest on Long Term Loans for FY 2015-16, as submitted by RInfra-T ................... 58
Table 38: Interest on Long Term Loans for FY 2015-16, as approved by Commission .............. 58
Table 39: Depreciation for FY 2015-16, as submitted by RInfra-T ............................................. 59
Table 40: Depreciation Expenses for FY 2015-16, as approved by Commission ........................ 60
Table 41: Return on Equity for FY 2015-16, as submitted by RInfra-T ...................................... 61
Table 42: Return on Equity for FY 2015-16, as approved by Commission ................................. 62
Table 43: Summary of O&M Expenses for FY 2015-16, as submitted by RInfra-T ................... 63
Table 44: Normative O&M Expenses for FY 2015-16, as approved by Commission ................. 63
Table 45: O&M Expenses for FY 2015-16, as approved by Commission ................................... 66
Table 46: Interest on Working Capital for FY 2015-16, as submitted by RInfra-T ..................... 67
Table 47: Interest on Working Capital for FY 2015-16, as approved by Commission ................ 67
Table 48: Contribution to Contingency Reserves for FY 2015-16, as submitted by RInfra-T .... 68
Table 49: Contribution to Contingency Reserves for FY 2015-16, as approved by Commission 69
Table 50: Income Tax for FY 2015-16, as submitted by RInfra-T ............................................... 69
Table 51: Income Tax for FY 2015-16, as approved by Commission .......................................... 70
Table 52: Revenue from Transmission Charges for FY 2015-16, as approved by Commission . 70
Table 53: Non-Tariff Income for FY 2015-16, as submitted by RInfra-T ................................... 71
Table 54: Non-Tariff Income for FY 2015-16, as approved by Commission .............................. 72
Table 55: Income from Other Business for FY 2015-16, as approved by Commission ............... 73
Table 56: Summary of provisional True-up for FY 2015-16, as submitted by RInfra-T ............. 73
Table 57: Summary of provisional True-up for FY 2015-16, as approved by Commission ........ 74
Table 58: Capitalisation for FY 2016-17 to FY 2019-20, as projected by RInfra-T .................... 77
Table 59: Capitalisation for FY 2012-13 to FY 2015-16, as approved by Commission in last
MYT Order ................................................................................................................................... 78
Table 60: Comparison of Capitalisation approved for FY 2012-13 to FY 2015-16 – Original vis-
à-vis revised approval ................................................................................................................... 79
Table 61: Methodology for approving Capitalisation for FY 2016-17 to FY 2019-20 ................ 79
Table 62: Capitalisation for FY 2016-17 to FY 2019-20, approved by Commission .................. 84
Table 63: Interest on Long Term Loans for FY 2016-17 to FY 2019-20, as submitted by RInfra-
T .................................................................................................................................................... 85
Table 64: Opening and closing Loan Balance for FY 2015-16, as submitted by RInfra-T .......... 86
Table 65: Weighted Average Interest Rate for FY 2016-17 to FY 2019-20, as approved by
Commission .................................................................................................................................. 87
Table 66: Interest on Long Term Loans for FY 2016-17 to FY 2019-20, as approved by
Commission .................................................................................................................................. 88
Table 67: Depreciation for FY 2016-17 to FY 2019-20, as submitted by RInfra-T ..................... 89
Table 68: Depreciation for FY 2016-17 to FY 2019-20, as approved by Commission ................ 90
Table 69: Return on Equity for FY 2016-17 to FY 2019-20, as submitted by RInfra-T .............. 91
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 7 of 118
Table 70: Return on Equity for FY 2016-17 to FY 2019-20, as approved by Commission ......... 92
Table 71: Summary of O&M Expenses for FY 2016-17 to FY 2019-20, as submitted by RInfra-T
....................................................................................................................................................... 93
Table 72: Summary of O&M Expense norms in Draft MYT Regulations, 2015 ......................... 94
Table 73: Summary of O&M Expense norms for FY 2016-17 to FY 2019-20 ............................ 95
Table 74: List of Ckt. Km. of Lines and number of Bays to be added in FY 2016-17 to FY 2019-
20, as submitted by RInfra-T and as approved by Commission ................................................... 95
Table 75: O&M Expenses for FY 2016-17 to FY 2019-20 approved by Commission ................ 97
Table 76: Interest on Working Capital for FY 2016-17 to FY 2019-20, as submitted by RInfra-T
....................................................................................................................................................... 98
Table 77: Interest on Working Capital for FY 2016-17 to FY 2019-20, as approved by
Commission .................................................................................................................................. 99
Table 78: Contribution to Contingency Reserves for FY 2016-17 to FY 2019-20, as submitted by
RInfra-T ...................................................................................................................................... 100
Table 79: Contribution to Contingency Reserves for FY 2016-17 to FY 2019-20, as approved by
Commission ................................................................................................................................ 101
Table 80: Income Tax for FY 2016-17 to FY 2019-20 3rd
Control Period, as submitted by RInfra-
T .................................................................................................................................................. 101
Table 81: Income Tax for FY 2016-17 to FY 2019-20, as approved by Commission ............... 102
Table 82: Non-Tariff Income for FY 2016-17 to FY 2019-20, as submitted by RInfra-T ......... 103
Table 83: Non-Tariff Income for FY 2016-17 to FY 2019-20, as approved by Commission .... 103
Table 84: Income from Other Business for FY 2016-17 to FY 2019-20, as approved by
Commission ................................................................................................................................ 104
Table 85: Carrying Cost on Gap of FY 2014-15, as submitted by RInfra-T .............................. 105
Table 86: Holding Cost on Revenue Surplus of FY 2014-15, as approved by Commission ..... 106
Table 87: ARR for FY 2016-17 to FY 2019-20, as submitted by RInfra-T ............................... 107
Table 88: ARR for FY 2016-17 to FY 2019-20, as approved by Commission .......................... 108
Table 89: Total recovery approved by Commission for MYT 3rd Control Period through
Transmission Charges (Rs Crore) ............................................................................................... 114
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 8 of 118
List of Abbreviations
AC Alternating Current
A&G Administrative and General
APR Annual Performance Review
ARR Aggregate Revenue Requirement
ATE Appellate Tribunal for Electricity
CERC Central Electricity Regulatory Commission
CFO Chief Fire Office
COD Commercial Operation Date
Commission/MERC Maharashtra Electricity Regulatory Commission
Capex Capital Expenditure
CWIP Capital Works In Progress
DISCOM Distribution Company
DPR Detailed Project Report
DTPS Dahanu Thermal Power Station
EA, 2003 Electricity Act, 2003
EHV Extra High Voltage
GFA Gross Fixed Assets
GIS Gas Insulated Sub-station
HVDC High Voltage Direct Current
InSTS Intra-State Transmission System
ISTS Inter State Transmission System
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 9 of 118
kV Kilo Volt
LILO Line In Line Out
MBMC Mira Bhayander Municipal Corporation
MCGM Municipal Corporation of Greater Mumbai
MMR Mumbai Metropolitan Region
MSEDCL Maharashtra State Electricity Distribution Company Limited
MSETCL Maharashtra State Electricity Transmission Company Limited
MSLDC Maharashtra State Load Dispatch Centre
MVA Mega Volt Amperes
MYT Multi Year Tariff
O&M Operation & Maintenance
PLR Prime Lending Rate
R&M Repair & Maintenance
REL Reliance Energy Limited
RInfra Reliance Infrastructure Limited
RInfra-D Reliance Infrastructure Limited - Distribution Business
RInfra-T Reliance Infrastructure Limited - Transmission Business
RoE Return on Equity
ROW Right of Way
SBI State Bank of India
SCADA Supervisory Control and Data Acquisition
SERC State Electricity Regulatory Commission
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 10 of 118
SLDC State Load Despatch Centre
STU State Transmission Utility
SWOT Strength Weakness Opportunity and Threat
TPC-T Tata Power Company Limited – Transmission Business
TSU Transmission System Users
TTSC Total Transmission System Cost
TVS Technical Validation Session
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 11 of 118
1 BACKGROUND AND BRIEF HISTORY
1.1 Background
1.1.1 RInfra is a vertically integrated Utility undertaking, inter alia, the generation,
transmission, wheeling and distribution of electricity in the suburbs of Mumbai. Its
Transmission Network consists of 538.66 circuit-kilometres (ckt.km) of 220 kV overhead
Lines and underground cables, including Transmission Lines for evacuation of power
from its Dahanu Thermal Power Station (DTPS) located outside Mumbai, and
connectivity between the EHV Sub-stations, directly with each other or through LILO
arrangements. It also has eight 220 kV EHV Sub-stations with firm transformation
capacity of 3000 MVA and associated infrastructure at Aarey, Goregaon, Gorai,
Ghodbunder, Saki, Versova, Chembur and Borivali.
1.1.2 RInfra-T has been granted Transmission Licence No. 1 of 2011 vide Order dated 11
August, 2011 in Case No. 70 of 2011, under Alternative 2 as per the MERC
(Transmission Licence Conditions) Regulations, 2004 as amended in 2006
(‘Transmission Licence Regulations’), for 25 years from 16 August, 2011.
1.1.3 RInfra-T had applied on 2 February, 2015 under Section 18 of the EA, 2003 and the
Transmission Licence Regulations for amendment of its Transmission Licence to include
the following Transmission Network:
220 kV RInfra Saki - TPC – 1 Transmission Line from RInfra-T’s 220 kV Saki
Sub-station to Tata Power Co. Ltd. (TPC)’s 220 kV Saki Sub-station~1.5 km
length
220 kV RInfra Saki - TPC – 2 Transmission Line from RInfra-T’s 220 kV Saki
Sub-station to TPC-T’s 220 kV Saki Sub-station~1.5kmlength
1.1.4 Vide Order dated 14 March, 2016 in Case No. 24 of 2015, the Commission amended the
Transmission Licence to include the above.
1.2 Regulatory Regime for Transmission Pricing
1.2.1 The Commission notified the MERC (Terms and Conditions of Tariff) Regulations, 2005
(‘the Tariff Regulations’) in August, 2005. Considering requests made by various
Utilities, in December, 2005, the Commission provided a dispensation to the effect that it
would determine the Tariff under the MYT framework from April, 2007 instead of from
April, 2006 as had been stipulated in the Tariff Regulations. Accordingly, the 1st Control
Period for the MYT framework would be the 3 financial years from FY 2007-08.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 12 of 118
1.2.2 At the start of the 1st Control Period, the Commission issued the MYT Orders for the
Utilities in the State, approving their ARR for each year of the Control Period. The
Commission thereafter issued Annual Performance Review (APR) Orders, which
included Truing-up of the ARR of the past year, provisional Truing-up of the ARR of the
current year, and determination of revised ARR/ Tariff for the ensuing year. The
Transmission Licensees for which such Orders were issued constituted the Intra-State
Transmission System (InSTS) of Maharashtra.
1.2.3 The principles of Transmission Pricing Framework for Maharashtra for the First Control
Period were stipulated in the Commission’s Order dated 27 June, 2006 in Case No. 58 of
2005. Accordingly, the Intra-State Transmission Tariffs were determined for the
respective years on the basis of Total Transmission System Cost (TTSC), which was
derived by pooling the ARRs of each Transmission Licensee forming part of the InSTS.
This pooled TTSC was recovered from the Transmission System Users (TSUs) in the
State, mainly the Distribution Licensees. The Commission also specified the basis for
sharing of these costs between the TSUs. The Commission has issued Orders determining
Transmission Tariff from time to time on an annual basis. The last Order was issued on
26 June, 2015 in Case No. 57 of 2015, which determined the InSTS Tariff for FY 2015-
16.
1.3 MERC (Multi Year Tariff) Regulations, 2011
1.3.1 The MYT Regulations, 2011 were applicable for the 2nd
Control Period from FY 2011-12
to FY 2015-16.
1.3.2 In Case No. 45 of 2011, RInfra sought deferment of the MYT framework by a year for
the following reasons:-
(a) Uncertainties in RInfra (Distribution Business) (RInfra-D)’s area of supply on
account of possibility of the following:
i. Parallel Distribution Licensees;
ii. Redefining Licence area boundaries post 15 August, 2011;
iii. Uncertainty on recovery of lost cross-subsidy and regulatory assets;
iv. New framework of operation for Parallel Licensees and
v. Non-approval of Power Purchase Agreements (PPAs) executed by RInfra-
D for the medium and long-term.
(b) Operational difficulties due to certain provisions in the MYT Regulations, 2011.
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MERC Order - Case No. 13 of 2016 Page 13 of 118
1.3.3 Vide Order dated 2 September, 2011, the Commission exempted RInfra from
determination of Tariff under the MYT framework till 31 March, 2012 (i.e., for one year)
by invoking the provisions of Regulation 4.1 of the MYT Regulations, 2011.
1.4 MERC (MYT) (First Amendment) Regulations, 2011
The MYT Regulations, 2011 were amended in October, 2011. The amended Regulations
specified that, if an exemption is given under Regulation 4.1, the Utility shall file its
Petition for approval of ARR for the period of such exemption as per the Tariff
Regulations, 2005.
1.5 Order on ARR of RInfra-T for FY 2011-12
RInfra-T had filed a Petition for approval of ARR for FY 2011-12 in accordance with the
Tariff Regulations, 2005. The Commission’s Order dated 17 May, 2012 in Case No. 167
of 2011 was challenged by RInfra-T on issues of interest on long term loan and Income
Tax before the Appellate Tribunal for Electricity (ATE) (Appeal No.139 of 2012). ATE
allowed the Appeal on 2 December, 2013, and the impact of its Judgment has been
considered in the Mid-Term Review (MTR) Order dated 26 June, 2016.
1.6 Order on Business Plan of RInfra-T for 2nd
Control Period
As per the MYT Regulations, 2011, RInfra-T filed its Petition in Case No. 159 of 2011
for approval of its Business Plan for the 2nd
Control Period from FY 2012-13 to FY 2015-
16. The Commission’s Order dated 23 October, 2012 was challenged by RInfra-T on
issues of interest on long term loan and Income Tax before the ATE (Appeal No.3 of
2013). The ATE allowed the Appeal on 8 April, 2015.
1.7 Order on RInfra-T’s Petition for Truing-up of FY 2010-11 and FY 2011-12
1.7.1 RInfra-T had filed a Petition for approval of True-up for FY 2010-11 and FY 2011-12 in
accordance with the Tariff Regulations, 2005 in Case No. 123 of 2012, which the
Commission decided vide Order dated 2 April, 2013.
1.7.2 Since the ATE has allowed Appeal No. 139 of 2012 on issues of Income Tax and interest
on long term loan, the impact of its Judgment was considered in the MTR Order dated 26
June, 2015.
1.8 Order on approval of ARR for 2nd
Control Period FY 2012-13 to FY 2015-16
Pursuant to approval of its Business Plan, RInfra-T had filed a Petition for approval of
ARR for FY 2012-13 to FY 2015-16, which was disposed by the Commission on 13
June, 2013 in Case No. 141 of 2012.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 14 of 118
1.9 MTR Order for FY 2012-13 to FY 2015-16
RInfra-T had filed a Petition for MTR, including Truing-up of FY 2012-13 and FY 2013-
14 and revised ARR for FY 2014-15 and FY 2015-16. The Commission issued the MTR
Order on 26 June, 2015 in Case No. 221 of 2014.
1.10 MERC (Multi Year Tariff) Regulations, 2015
The Commission notified the MYT Regulations, 2015 in December, 2015, applicable for
the 3rd
Control Period from FY 2016-17 to FY 2019-20.
1.11 Truing-up of ARR for FY 2014-15, provisional Truing-up of FY 2015-16 and
ARR approval for 3rd
Control Period from FY 2016-17 to FY 2019-20
1.11.1 In accordance with Regulation 5.1 (a) of the MYT Regulations, 2015, RInfra-T has filed
the present Petition for Truing-up of ARR for FY 2014-15, provisional Truing-up of FY
2015-16 and approval of ARR for the 3rd
Control Period from FY 2016-17 to FY 2019-20
on 28 January, 2016.
1.11.2 Vide letters dated 11 and 22 February, 2016, the Commission raised certain data gaps.
RInfra-T responded to these data gaps on 18, 23 and 29 February 2016. The Technical
Validation Session (TVS) was held on 24 February, 2016. The list of persons who
attended the TVS is at Appendix-1. The Commission raised a third set of data gaps on 25
February, 2016 based on the discussions during the TVS. RInfra-T responded to the gaps
on 4 March, 2016 and subsequently filed a revised MYT Petition on 8 March, 2016.
1.11.3 RInfra-T’s prayers in the revised Petition are as follows:
“
Admit this Petition as submitted herewith;
Approve the actual revenue gap/surplus arising on account of Truing-up for FY
2014-15 along with the carrying cost as worked out in this Petition;
Approve the provisional revenue gap/surplus for FY 2015-16 as worked out in
this Petition;
Approve the ARR for FY 2016-17 to FY 2019-20, as projected in this Petition;
Allow additions /alterations /modifications /changes to the Petition at a future
date;
Allow any other relief, Order or direction, which the Hon’ble Commission deems
fit to be issued;
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 15 of 118
Condone any inadvertent errors/inconsistencies/omissions/rounding off
differences, etc. as may be there in Petition.”
1.12 Admission of Petition and Public Consultation Process
1.12.1 The Commission admitted the Petition on 10 March, 2016 and directed RInfra-T to
publish a Public Notice in accordance with Section 64 of the EA, 2003, in the prescribed
abridged form and manner, and to reply expeditiously to any suggestions and objections
received.
1.12.2 RInfra-T published a Public Notice inviting suggestions and objections on its Petition.
The Public Notice was published in English in Hindustan Times and The Indian Express,
and in Marathi in Loksatta and Saamna, all daily newspapers, on 15 March, 2016. The
Petition and its summary were made available for inspection/purchase at RInfra-T’s
offices and website (www.rinfra.com). The Public Notice and Executive Summary of the
Petition were also made available on the websites of the Commission
(www.mercindia.org.in, www.merc.gov.in) in downloadable format.
1.12.3 The Commission did not receive any written suggestions or objections on the Petition. A
Public Hearing was held on 13 April, 2016 at which RInfra-T made a presentation on its
Petition. No oral submissions were made at the Public Hearing either in response to the
Public Notice. The list of persons who attended the Public Hearing is at Appendix 2.
1.12.4 The Commission has ensured that the due process contemplated under law to ensure
transparency and public participation was followed at every stage and adequate
opportunity was given to all concerned to express their views.
1.13 Organization of the Order
1.13.1 The Order is organized in the following Sections:
Section 1 of the Order provides a brief history and the quasi-judicial regulatory process
undertaken by the Commission. A list of abbreviations with their expanded forms has
been included.
Section2 sets out the suggestions and objections received, the responses of RInfra-T and
the Commission’s views.
Section 3 deals with the impact of ATE Judgments on Appeals filed by RInfra-T
challenging earlier Orders of the Commission.
Section 4 deals with the approval of Truing-up for FY 2014-15.
Section 5 deals with the provisional Truing-up for FY 2015-16.
Section 6 deals with the ARR for FY 2016-17 to FY 2019-20
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 16 of 118
Section 7 summarises the directives given by the Commission in its MTR Order, their
compliance and the Commission view’s thereon.
Section 8 summarises the rulings of the Commission
Section 9 deals with recovery of Transmission Charges
Section 10 deals with the applicability of the present Order.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 17 of 118
2 SUGGESSIONS/OBJECTIONS RECEIVED, RINFRA-T’S
RESPONSE AND COMMISSION’S VIEW
No written or oral suggestions or objections were received on the Petition during the
public consultation process in response to the Public Notice.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 18 of 118
3 IMPACT OF ATE JUDGMENTS
3.1 RInfra-T’s Appeal against MTR Order dated 26 June, 2015 in Case No. 221
of 2014
3.1.1 RInfra-T has filed an Appeal No. 223 of 2015 before the ATE against the Commission’s
Order dated 26 June, 2015 in Case No. 221 of 2014. ATE has admitted the Appeal and
the matter was posted for hearing on 2 March, 2016. The issue-wise potential impact as
submitted by RInfra-T is discussed in the following paragraphs.
RInfra-T’s Submission
3.1.2 The MTR Order dated 26 June, 2015 had disallowed carrying cost on Income Tax, which
was earlier disallowed by the Commission but subsequently allowed by the ATE for the
period FY 2009-10 to FY 2011-12. The impact on account of this is approximately Rs.
0.41 Crore.
3.1.3 The MTR Order had disallowed levy of carrying cost on compounded interest basis with
respect to the interest on loan and Revenue Gap, and allowed it on simple interest basis.
The impact is approximately Rs. 4.99 Crore.
3.1.4 The MTR Order had wrongly treated the Delayed Payment Charge (DPC) as Non-Tariff
Income (NTI). The impact is Rs. 35.02 Crore. In its present Petition, RInfra-T has not
considered this amount as NTI.
3.1.5 The Commission had not considered the Income Tax as part of ARR for computing
Availability incentive for FY 2013-14. The impact is approximately Rs. 0.02 Crore.
3.1.6 The total impact of the above components of the MTR Order dated 26 June, 2015, till the
end of FY 2015-16, is Rs. 5.42 Crore, excluding the DPC amount of Rs. 35.02 Crore
which has been treated as NTI by the Commission. In the event of ATE ruling in favor of
RInfra-T, the impact of the same would be considered in a subsequent Petition or through
the ZOUC factor of FAC, as per the MYT Regulations, 2015.There would also be an
incremental carrying cost beyond FY 2015-16 till the time of recovery.
Commission’s Analysis and Ruling
3.1.7 The Commission has not considered the potential impact of ATE Appeal No. 223 of 2015
at this stage as submitted by RInfra-T since the Appeal has yet to be decided.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 19 of 118
4 TRUE-UP OF ARR FOR FY 2014-15
4.1 Background
4.1.1 RInfra-T has sought final Truing-up of FY 2014-15 based on the actual expenditure and
revenue as per the audited annual accounts. It has also presented the comparison of
expenditure and revenues approved by the Commission vide the MTR Order in Case No.
221 of 2014 vis-à-vis the audited performance.
4.1.2 The detailed analysis for approval of Truing-up for FY 2014-15 by the Commission is set
out below.
4.2 Capital Expenditure and Capitalisation
RInfra-T’s submission
4.2.1 RInfra-T has incurred Rs. 37.42 Crore towards capital expenditure and Rs. 34.60 Crore
has been capitalized. The capitalisation includes interest and expenses capitalized. The
total capitalization includes Detailed Project Report (DPR) schemes approved in-
principle by the Commission and Non-DPR schemes.
4.2.2 Comparison of capitalisation as approved by the Commission in the MTR Order and as
submitted by RInfra-T in the present Petition is as below.
Table 1: Capitalisation for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) MTR Order Actual
Capitalisation
DPR 24.26 29.65
Non-DPR 2.19 4.94
Total 26.45 34.60
Commission’s Analysis and Ruling
4.2.3 The Commission had approved capitalisation of Rs. 242.61 Crore for FY 2014-15 in the
MYT Order dated 13 June, 2013 in Case No. 141 of 2012. The Commission had
scrutinized all the capital expenditure schemes submitted by RInfra-T in its MYT Petition
along with the DPR schemes, and approved the capitalisation as submitted considering
that all the schemes would again be reviewed at the time of MTR.
4.2.4 During the MTR proceedings, the Commission observed that most of the schemes
approved in the MYT Order were not capitalized as per the time schedule proposed by
RInfra-T.
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MERC Order - Case No. 13 of 2016 Page 20 of 118
4.2.5 In the MTR Order, the Commission had analyzed the capitalisation schedule as submitted
by RInfra-T in the light of the MYT Order and the details provided in the MTR Petition.
The Commission observed that there was significant under-capitalisation in most of the
schemes.
4.2.6 While analyzing the schemes in the MTR Order, it was held view that, in order to
consider the capitalisation as submitted by RInfra-T, the Commission needs to be
convinced that the time over-run was on account of factors which were not within its
reasonable control.
4.2.7 The relevant extracts of the MTR Order dated 26 June, 2015 in Case No. 221 of 2014 are
as follows:
“…In order that the Commission can consider the capitalization as submitted by
RInfra-T, the Commission needs to be convinced that the time over-run is on account
of factors which are not within the reasonable control of RInfra-T.
6.2.10. For this purpose, RInfra-T is directed to submit documentary evidence to
support the claim of uncontrollability. These may include but not be limited to
applications to statutory authorities, key correspondence, approvals received, etc.
The supporting documents should be submitted for each scheme where significant
time over-run has been reported on an aggregate basis over the MYT period, and
show uncontrollability. These directions are elaborated in Section 9 of this Order.”
4.2.8 The Commission had asked RInfra-T to submit documentary proof in support of its claim
of uncontrollability and explain why the Commission should admit any capitalisation
beyond the cut-off date.
4.2.9 The Commission had provisionally approved capitalization of Rs. 26.45 Crore subject to
prudence check to be carried out during the Truing-up of FY 2014-15, and thereby
disallowed Rs. 6.33 Crore against DPR schemes as submitted by RInfra-T in its Petition.
4.2.10 In compliance with the directives of the Commission, RInfra-T has submitted a detailed
review report vide letters dated 30 September, 2015 and 5 April, 2016. The report sets out
the reasons for delay in execution of the schemes along with efforts made by RInfra-T for
their completion, along with relevant documents. RInfra-T stated that there is no cost
over-run in any of the schemes, and that the time over-run is due to extraneous factors. A
summary of the report was also provided with the present Petition. The reasons for delay
cited by RInfra-T are summarized in the Table below.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 21 of 118
Table 2: Reasons for Time Over-run provided by RInfra-T
Name of Scheme Reasons for delay in commissioning provided by RInfra-T
220 kV Borivali
EHV
Sub-station
Delay in statutory approvals from Municipal Corporation of Greater
Mumbai (MCGM), Chief Fire Office (CFO), and Forest Department
for cable laying.
Delay in bus bar strengthening work at MSETCL Borivali Sub-
station and outage permissions from MSLDC.
Delay in relocation of RInfra-D assets before and after
commissioning for space optimization.
220 kV Goregaon
EHV Sub-station
Delay in statutory approvals from MCGM.
Delay in relocation of RInfra-D assets before and after
commissioning for space optimization.
220 kV Saki EHV
Sub-station
Delay in statutory approvals from MCGM, change in civil contractor
resulting in a dispute, which is under arbitration.
Space constraints for construction activities.
Delay in relocation of RInfra-D assets before and after
commissioning for space optimization.
220 kV Chembur
EHV Sub-station
Delay in statutory approvals from MCGM for Sub-station building
and cable route approval of Tata Power Company (TPC), Hindustan
Petroleum Corporation Limited (HPCL), Rashtriya Chemicals &
Fertilizers Ltd. (RCF), Mumbai Metropolitan Region Development
Authority (MMRDA), etc.
Delay in construction of compound wall due to hindrances from
adjacent plot owners.
Space constraints for construction activities.
Setting up of Unified Control Room at MSETCL.
Delay in relocation of RInfra-D assets before and after
commissioning for space optimization.
220 kV Gorai
EHV Sub-station
Delay in statutory approvals from Forest Department for cable
connectivity.
Space constraints for construction activities.
High water table of the plot due to nearby creek.
Delay in outage approval for bus bar strengthening at MSETCL,
Borivali Sub-station
Refurbishment of
220 kV
Transmission
Lines
Uncontrollable factors of water logging, paddy cultivation and
delayed monsoon making it difficult to approach the towers.
Further, hot line activities could be carried out in rainy season only
and this also caused delay in scheme completion.
Security
improvement
of220 kV EHV
Sub-station
Delayed permissions received from Maharashtra Housing and
Development Authority (MHADA), Aarey Colony, Forest
Department, Mira Bhayander Municipal Corporation (MBMC) and
MCGM authorities for construction of compound wall.
Procurement of Equipment was not required initially as it was made available from
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MERC Order - Case No. 13 of 2016 Page 22 of 118
Name of Scheme Reasons for delay in commissioning provided by RInfra-T
Tools and Plants
for EHV Sub-
stations
vendors.
Subsequently, after vendors removed the equipment provided by
them, RInfra-T collated information and optimization specifications
were floated for their procurement.
4.2.11 After detailed scrutiny, the Commission observes that most of the schemes have been
delayed due to statutory approvals from various authorities like MBMC, MHADA,
MCGM, MMRDA, Forest Department, etc.
4.2.12 The Commission also sought the detailed scope of work approved under the DPR for
each scheme as against the actual scope of work executed by RInfra-T. The Commission
observed that RInfra-T has executed the works as approved by the Commission in the
DPR with minor modifications as per the technical requirements of the system.
4.2.13 However, the Commission also observed that RInfra-T has commissioned 2 power
Transformers as against the approved scope of 3 Transformers at the 220 kV Borivali
Sub-station. While this is a significant deviation from the approved scope of work, the
Commission is allowing it as it does not lead to any extra cost as compared to the
approved DPR.
4.2.14 RInfra-T has submitted scheme completion reports for the 220 kV GIS EHV Sub-station
at Saki, 220 kV GIS EHV Sub-station at Chembur, 220 kV GIS EHV Sub-station at
Goregaon, Refurbishment of 220 kV Transmission Line, Security Improvement of 220
kV EHV Sub-station and Procurement of Tools and Plants for EHV Sub-stations.
4.2.15 The Commission has analyzed the scheme-wise project costs as approved in the DPRs
and the cumulative capitalisation claimed by RInfra-T till the closure of the schemes. The
following Table shows the scheme-wise approved DPR cost and the actual cost,
including and excluding Interest during Construction (IDC), incurred by RInfra-T till the
commissioning/completion of the schemes.
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MERC Order - Case No. 13 of 2016 Page 23 of 118
Table 3: Scheme-wise DPR Cost and Actual Cost including and excluding IDC, with
completion reports
Sr.
No.
Name of
Scheme
DPR
Approved
Cost
without
IDC (Rs.
Crore)
Actual
Cumulative
Capitalisation
up to
Completion of
Scheme
excluding IDC
(Rs. Crore)
Actual
Cumulative
Capitalisation
up to
Completion of
Scheme
including IDC
(Rs. Crore)
Status of Scheme
1.
Installation of
220 kV GIS
EHV Sub-
station at
Chembur
220.00 206.22 226.41
Scheme
commissioned and
closed. Completion
report submitted
vide letter dated 15
January 2016
2.
220 kV GIS at
Saki EHV Sub-
station
186.41 158.04 163.50
Scheme
commissioned and
closed. Completion
report submitted
vide letter dated 14
January, 2016
3.
220 kV GIS
Goregaon EHV
Station
107.44 89.64 93.11
Scheme
commissioned and
closed. Completion
report submitted
vide letter dated 14
January, 2016
4.
Refurbishment
of 220 kV
Transmission
Line
27.48 21.78 22.19
Scheme
commissioned and
closed. Completion
report submitted
vide letter dated 10
September, 2015
5.
Procurement of
Tools and
Plants
for EHV Sub-
stations
11.57 10.63 10.80
Scheme
commissioned and
closed in March
2016. Completion
report submitted
vide letter dated 21
May, 2016
6.
Security
improvements
at 220 kV
Aarey, Versova
7.91 7.07 7.35
Scheme
commissioned and
closed in March
2016. Completion
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MERC Order - Case No. 13 of 2016 Page 24 of 118
Sr.
No.
Name of
Scheme
DPR
Approved
Cost
without
IDC (Rs.
Crore)
Actual
Cumulative
Capitalisation
up to
Completion of
Scheme
excluding IDC
(Rs. Crore)
Actual
Cumulative
Capitalisation
up to
Completion of
Scheme
including IDC
(Rs. Crore)
Status of Scheme
and
Ghodbunder
EHV Sub-
stations
report submitted
vide letter dated 20
May, 2016
4.2.16 RInfra-T has submitted the completion reports for all the above schemes along with the
cost benefit analysis. The Commission accepts the actual cumulative capitalisation for
these schemes as shown in the Table above, and considers these schemes as completed
and closed. Hence, no further capitalisation will be allowed against these schemes.
4.2.17 In order to assess the increase in Interest during Construction (IDC) because of time over-
run of the schemes vis-à-vis the actual IDC claimed, the Commission has worked out a
normative IDC on the DPRs’ cost and capital expenditure phasing as approved by the
Commission. It is observed that, although there is a time over-run in all the schemes, the
actual IDC claimed by RInfra-T is less than the normative IDC had the projects been
completed within the time approved by the Commission.
4.2.18 The actual IDC claimed by RInfra-T for the 220 kV Chembur Sub-station is less than the
normative IDC, and hence the Commission approves the capital cost as claimed by
RInfra-T.
4.2.19 The following Table shows the schemes which are commissioned but yet to be closed
(the completion reports of which are awaited).
Table 4: Scheme-wise DPR Cost and Actual Cost, including and excluding IDC, pending
for completion reports
Sr.
No.
Name of
Scheme
DPR
Approved
Cost
without
IDC (Rs.
Crore)
Actual
Cumulative
Capitalisation
up to
Completion of
Scheme
excluding IDC
(Rs. Crore)
Actual
Cumulative
Capitalisation
up to
Completion of
Scheme
including IDC
(Rs. Crore)
Status of Scheme
1. 220 kV GIS
Borivali EHV 179.53 135.25 143.63
Scheme
commissioned in
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MERC Order - Case No. 13 of 2016 Page 25 of 118
Sr.
No.
Name of
Scheme
DPR
Approved
Cost
without
IDC (Rs.
Crore)
Actual
Cumulative
Capitalisation
up to
Completion of
Scheme
excluding IDC
(Rs. Crore)
Actual
Cumulative
Capitalisation
up to
Completion of
Scheme
including IDC
(Rs. Crore)
Status of Scheme
Scheme March 2016.
Completion report
awaited from
RInfra-T.
2.
220 kV GIS
Gorai EHV
Sub-station
262.36 214.27 238.17
Scheme
commissioned in
March 2016.
Completion report
awaited from
RInfra-T.
3.
Relocation /
Modification of
220 kV Line &
tower in
MBMC Area
14.10* 12.43 14.38
Scheme
commissioned in
March 2016.
Completion report
awaited from
RInfra-T.
*DPR Cost approved including IDC
4.2.20 The approved DPR costs are exclusive of IDC, and hence a comparison of actual cost has
been made after excluding the actual IDC claimed by RInfra-T.
4.2.21 The Commission observed that, in the case of the 220 kV GIS Borivali EHV and 220 kV
GIS Gorai EHV Sub-stations, there is no cost over-run in the actual cumulative
capitalisation as compared to the approved DPR cost. The Commission accepts the
capitalisation claimed by RInfra-T for these schemes.
4.2.22 With regards to Relocation / Modification of 220 kV Line and tower in the MBMC Area,
the approved DPR cost included IDC and there is a marginal escalation in actual
cumulative capitalisation as submitted by RInfra-T. Some amount of capitalization has
also been proposed in FY 2016-17. The Commission considers the capitalisation claimed
by RInfra-T under this scheme and will take a final view once the completion report is
received.
4.2.23 Considering the reasons for delay in execution set out above, the fact of no cost over-run
and the lower IDC claim, the Commission approves the scheme-wise capitalisation as
below.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 26 of 118
Table 5: Capitalisation claimed by RInfra-T and approved by Commission for FY 2014-15
Name of Scheme
Capitalisation as
submitted by RInfra-T
(Rs. Crore)
Capitalisation as approved
by Commission (Rs. Crore)
220 kV GIS Borivali 9.02 9.02
220 kV GIS EHV Sub-station
Goregaon 0.05 0.05
220 kV GIS EHV Sub-station
Saki 5.76 5.76
220 kV GIS EHV Sub-station
Chembur 4.58 4.58
220 kV GIS EHV Sub-station
Gorai 5.66 5.66
Refurbishment of 220 kV
Transmission Line 0.54 0.54
Security improvements 2.73 2.73
T&P procurement 1.31 1.31
Non-DPR schemes 4.94 4.94
Total Capitalisation 34.60 34.60
4.2.24 From the report and the supporting documents, the Commission is of the view that
the over-run in each of these schemes is largely not attributable to RInfra-T.
Accordingly, the actual Capitalisation of Rs. 34.60 Crore is approved for FY 2014-
15, as submitted by RInfra-T.
4.2.25 The Commission expects RInfra-T to expedite the remaining works under the schemes, to
follow up the approvals pending with the concerned authorities and diligently address the
other factors affecting their timely commissioning.
4.2.26 RInfra-T needs to submit the closure reports for schemes commissioned but not closed
because minor works are pending. The closure reports should include details of the scope
of work approved by the Commission and that actually executed, with reasons for any
difference.
4.3 Unutilised Bays
4.3.1 The Commission had asked for details of unutilised Bays, their capital cost and year of
commissioning. RInfra-T submitted that there are 11 x 220 kV Bays and 5 x 33 kV Bays
which are commissioned but currently unutilised.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 27 of 118
4.3.2 RInfra-T also stated that an assessment of schemes was carried out by the State
Transmission Utility (STU). Accordingly, the scope of work was decided considering a
5-year time horizon.
4.3.3 RInfra-T submitted the following reasons for erection of additional 220 kV GIS Bays at
the outset, even though they might be required only in future:
a) If additional 220 kV GIS Bays are installed later, 220 kV GIS Bus needs to be
extended through adaptor which would require additional floor space;
b) Design and engineering of an adaptor is critical as it involves matching of old GIS
bus configuration with the new proposed 220 kV GIS;
c) Manufacturers are reluctant to take up such GIS extension work later due to
difficulty in matching of inter-connection of 220 kV bus because of the need for
OEM proprietary data of the existing GIS switchgear;
d) Ensuring civil structural stability because of the addition of Bays in future will be
a challenge due to the requirement of additional cut-out in RCC slab;
e) Due to rapid changes in technology, availability of compatible GIS switchgear
would be difficult in future;
f) HV side acceptance test for integrated existing and additional 220 kV GIS system
cannot be conducted;
g) Additional spares are required to be maintained, if the extension of Bays is of a
different make; and
h) For future installation, long outage of the entire EHV system would be required,
which is difficult to obtain
4.3.4 The information in respect of unutilised Bays submitted by RInfra-T in response to the
data gaps is as shown in the Table below:
Table 6: Unutilised Bays in Transmission System of RInfra-T
EHV/ HV Sub-
station
No. of
Bays
Capital
Cost per
Bay (Rs.
Crore)
Total Cost
(Rs.
Crore)
Year of
Commissioning
Tentative year
of put-to-use
MSETCL Borivali 2 1.44 2.88 FY 2011-12 FY 2017-18
Aarey 2 1.42 2.84 FY 2011-12 FY 2017-18
Saki 2 1.44 2.88 FY 2010-11 FY 2016-17
Goregaon 1 1.45 1.45 FY 2010-11 FY 2017-18
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 28 of 118
EHV/ HV Sub-
station
No. of
Bays
Capital
Cost per
Bay (Rs.
Crore)
Total Cost
(Rs.
Crore)
Year of
Commissioning
Tentative year
of put-to-use
Borivali 1 1.42 1.42 FY 2011-12 FY 2018-19
Gorai 1 1.39 1.39 FY 2011-12 FY 2020-21
Chembur 2 1.45 2.90 FY 2012-13 FY 2018-19
Total 220 kV 11
15.76
Ghodbunder 1 0.03 0.03 FY 1994-95 FY 2017-18
Versova 4 0.03 0.10 FY 1994-95 FY 2017-18
Total 33 kV 5
0.13
Total 16
15.89
4.3.5 The Commission notes that the 33 kV Bays at 220 kV Ghodbunder and Versova Sub-
stations have been idle since the commissioning of the 220 kV Gorai (FY 2011-12), 220
kV Borivali (FY 2011-12) and 220 kV Goregaon (FY 2010-11) Sub-stations, as RInfra-T
rearranged its 33 kV network for load management. However, the 220 kV Bays at the
220 kV Aarey, Saki, Goregaon, Borivali, Gorai and Chembur Sub-stations have been idle
since their commissioning.
4.3.6 In this context, the stand taken by the Commission in its Order dated 18 May, 2012 in
Case No. 169 of 2011 in respect of the Maharashtra State Electricity Transmission Co.
Ltd. (MSETCL) is relevant:
“5.1.2. The Commission feels that the above reasons do not justify the non-utilization
of assets commissioned by the utilities, as these have associated costs which are
borne by the consumers through Tariff. It is also true that the utilities undertaking the
electricity business need to do forward planning. Investments in assets need to be
planned keeping in mind the long term requirement, for example a horizon of 5-10
years, instead of short term requirements. This need is greater for transmission
utilities which has to plan for huge network expansion arising out of the generation
evacuation and supply to the load centres. However, it is necessary to create a
balance between long term planned investments and burdening the consumers with
the associated cost of that planning. The consumer doesn’t get benefit out of these
unutilised bays/ assets, though they are required to pay for it….”
The Commission had accordingly disallowed capitalization of unutilised Bays in
MSETCL’s MTR Order in Case No. 207 of 2014. The Commission has been of the view
that, when the addition of unutilised assets financially burdens consumers without any
assured benefit to them in a reasonable time, capitalisation of such assets should
generally not be considered.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 29 of 118
4.3.7 The Commission is aware that, due to the Right of Way (RoW) and land constraints in
Mumbai, GIS Sub-stations are installed by the Licensees. Installation of GIS units is
technically feasible and economically viable due to the space constraints and the future
requirement of Bays.
4.3.8 RInfra-T has installed/commissioned GIS Bays for all 220 kV Sub-stations as planned,
but these Bays are unutilised because of delay in commissioning of the Transmission
Lines for which they were proposed.
4.3.9 The Commission notes the reasons cited by RInfra-T in para. 4.3.3 for erection of
additional Bays at the beginning of execution of the GIS Sub-station. They include the
difficulties that may arise later in the availability of matching configurations of GIS bus
and inter-connection of 220 kV bus, compatibility of GIS switchgear, structural stability
of additional Bays, additional spares of the same make, etc. Hence, the Commission is
not disallowing the capitalisation against these 220 kV GIS Bays. However, these
constraints do not apply to Air Insulated Sub-station (AIS) Bays, including 33 kV Bays,
and an appropriate treatment is given to them accordingly.
4.3.10 5 x 33 kV AIS Bays were commissioned/ capitalized in FY 1994-95 and are more than 20
years old. Hence, the capital cost of these Bays would have already depreciated and there
would be no outstanding loan corresponding to them in FY 2014-15. Based on this
assessment, the Commission has not given any treatment for these Bays in the opening
gross block and opening loan balances for FY 2014-15. However, the equity portion of
these Bays needs to be removed from the opening balance of equity while computing the
Return on Equity (RoE).
4.3.11 The following Table shows the revised opening balances of Gross Fixed Assets (GFA),
loan and equity worked out by the Commission on account of unutilised Bays for Truing-
up of FY 2014-15.
Table 7: Impact of Unutilised Bays on Opening Balance of FY 2014-15
Particulars (Rs.
Crore)
Approved as per
MTR Order
Adjustment on
account of unutilised
Bays
Approved in this
Order
Opening GFA 1399.88 - 1399.88
Opening loan balance 635.59 - 635.59
Opening equity
Balance 461.23 0.04 461.20
4.3.12 The revised opening balances as derived in the above Table are considered for Truing-up
of FY 2014-15.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 30 of 118
4.3.13 However, the Commission is of the view that the claim for O&M expenses by RInfra-T
against the unutilised AIS and GIS Bays is not justified. Even though the capitalisation
for the unutilised GIS Bays has been allowed, they are not in use or remain idle in the
network. Hence, allowing O&M expenses corresponding to these Bays would tantamount
to approval of expenses without any benefits accruing to consumers. Therefore, the
Commission has considered the impact of unutilised GIS as well as AIS Bays while
calculating the normative O&M expenses for FY 2014-15. The normative O&M
expenses for FY 2014-15 are worked out by reducing 11 x 220 kV Bays and 5 x 33 kV
Bays. The detailed explanation is set out in para 4.7 while approving O&M expenses.
4.4 Interest on Long Term Loans
RInfra-T’s submission
4.4.1 Till FY 2010-11, RInfra-T had been funding capital expenditure through internal
accruals. However, from FY 2011-12, it has been contracting loans from funding
institutions for capital expenditure planned under the Mumbai Transmission
strengthening schemes.
4.4.2 RInfra-T has availed loans from various Banks for a tenure of 5 to 6 years and maintained
a debt-equity ratio of 70:30. RInfra-T has considered the opening loan balance for FY
2014-15 as equal to the closing loan balance of FY 2013-14. Loan addition equal to 70%
of the capitalisation and repayments equal to annual depreciation have been considered.
4.4.3 RInfra-T intends to refinance the actual loans when they become due for repayment so as
to ensure that loan repayments are managed through depreciation.
4.4.4 The weighted average interest rate of 11.93% has been worked out on the basis of the
actual loan portfolio as per the MYT Regulations, 2011, and applied to the average of
opening and closing loan balances to work out the interest on long term loan for FY
2014-15.
Table 8: Interest on Long Term Loans for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Difference
Interest on long-term loan 73.74 73.40 0.34
Commission’s Analysis and Ruling
4.4.5 In its MYT Order dated 13June, 2013 in Case No. 141 of 2012 had scrutinized the actual
loan portfolio of RInfra-T and observed that their repayment was over a tenure of 5.5
years or less, making refinancing necessary. This would expose the consumers to
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 31 of 118
refinancing risk. The Commission had also observed that the actual interest rates of these
loans were much higher than of normative loans, increasing the burden on the consumers.
Hence, the Commission had not considered the actual loan portfolio of RInfra-T and had
approved the interest based on the weighted average interest rate of RInfra as a whole.
4.4.6 However, during the MTR, the Commission had considered the actual loan portfolio of
RInfra-T and computed interest rate according to the actual loan balances in the light of
the ATE Judgment in Appeal No. 139 of 2012.
4.4.7 In the present proceedings, the Commission had asked for documentary proof regarding
the loan balances from Banks as claimed in the Petition. In response, RInfra-T has
provided details of actual loan balances, loan additions, repayments and closing loan
balances for FY 2014-15.
4.4.8 The Commission considered the opening loan balance for FY 2014-15 as the approved
closing balance for FY 2013-14 in its MTR Order dated 26 June, 2015. The loan
additions are considered as 70% of the approved capitalisation for FY 2014-15.
4.4.9 The repayments are taken as equal to depreciation allowed during the year. The weighted
average interest rate has been worked out based on the actual loan portfolio of RInfra-T
as submitted in the Petition.
4.4.10 The weighted average interest rate is then applied on the average of opening and closing
loan balance for the year to calculate the interest expenses for FY 2014-15.
Table 9: Interest on Long Term Loans for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR RInfra-T
Submission
Approved in this
Order
Opening balance of debt 635.69 635.69 635.69
Addition 18.51 24.22 24.22
Repayment 59.57 59.57 59.57
Closing debt 594.64 600.34 600.34
Interest rate 11.93% 11.93% 11.93%
Interest on long term loan 73.40 73.74 73.74
4.4.11 The Commission approves Interest on Long Term Loans of Rs. 73.74 Crore for the
Truing-up of FY 2014-15.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 32 of 118
4.5 Depreciation
RInfra-T’s submission
4.5.1 RInfra-T has claimed depreciation in line with Regulation 31 of MYT Regulations, 2011,
applying depreciation up to 70% of the original cost of asset and spreading the remaining
depreciable value of the assets over the balance useful life.
4.5.2 RInfra-T has adopted the useful life as specified in the Companies Act for those assets for
which the useful life has not been specified in the MYT Regulations, 2011. It has
provided the computations for each of its assets as on 1 April, 2014 and claimed
depreciation only on those assets which have not been depreciated up to 90%.
Table 10: Depreciation for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Difference
Depreciation 59.57 59.57 0.00
Commission’s Analysis and Ruling
4.5.3 The Commission had provisionally approved depreciation as submitted by RInfra-T for
FY 2014-15 in its earlier MYT Order, and stated that a final view on the depreciation
expenses would be taken at the time of MTR.
4.5.4 In its subsequent MTR Petition, RInfra-T submitted the revised depreciation for FY
2014-15 based on the capitalisation considered for FY 2014-15. It had considered the
opening balance of assets as on 1 April, 2014 and depreciation rates as specified in MYT
Regulations, 2011.
4.5.5 In the MTR Order, the Commission had considered the opening GFA for FY 2014-15
equal to the closing GFA for FY 2013-14, and the assets added during the year were
taken as equal to the capitalisation approved for FY 2014-15 in that Order.
4.5.6 In the present Petition, RInfra-T has claimed depreciation expenses in line with
Regulation 31 of the MYT Regulations, 2011. The Commission has gone through the
details of computation of asset-wise depreciation expenses provided by RInfra-T.
4.5.7 For computing the depreciation for FY 2014-15, the Commission has considered the
opening GFA as per the closing GFA for FY 2013-14 as approved in the MTR Order.
The capitalisation considered is as approved in the present Order for FY 2014-15. The
Commission has computed depreciation on each of the asset classes as provided by
RInfra-T.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 33 of 118
4.5.8 The summary of depreciation for FY 2014-15 as submitted by RInfra-T and as approved
by the Commission is as per the Table below.
Table 11: Depreciation Cost for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR RInfra-T
Submission
Approved in
this Order
Opening gross fixed assets 1,399.88 1,399.88
Addition of gross fixed Assets 34.60 34.60
Asset retirement - -
Closing gross fixed assets 1,434.47 1,434.47
Depreciation 59.57 59.57 59.57
4.5.9 The Commission approves Depreciation of Rs. 59.57 Crore for the Truing-up of FY
2014-15.
4.6 Return on Equity
RInfra-T’s submission
4.6.1 RoE has been computed based on Regulation 32.2 of the MYT Regulations, 2011, i.e., at
the rate of 15.5% on the equity capital at the beginning of the year plus 50% of the equity
portion for the assets capitalized during the year.
4.6.2 There is no retirement of assets in FY 2014-15 and no consequential treatment is
provided in the equity balance.
Table 12: Return on Equity for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Order Difference
Regulatory equity at the beginning of
the year 461.23 461.23 0.00
Equity portion of expenditure
capitalized 10.38 7.94 2.44
Equity portion of asset retired during
the year 0.00 0.00 0.00
Regulatory equity at the end of the
year 471.61 469.17 2.44
RoE computation
RoE at the beginning of the year 71.49 71.49 0.00
RoE on capitalisation during the year 0.80 0.62 0.19
Total Return on Equity 72.30 72.11 0.19
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 34 of 118
Commission’s Analysis and Ruling
4.6.3 The Commission has considered the regulatory equity at the beginning of the year, as
approved in the MTR Order dated 26 June, 2015, as the closing equity for FY 2013-14
after considering the impact of unutilised Bays as set out in para. 4.3 of this Order. The
additions are taken as equal to the equity portion of assets capitalized during FY 2014-15
as approved in this Order.
4.6.4 RoE has been computed at 15.50 % of the equity, in accordance with Regulation 32.2.1,
on the opening equity of the year and on 30% of the equity portion of the approved
capitalisation in FY 2014-15.
4.6.5 The summary of RoE for FY 2014-15 as submitted by RInfra-T and as approved by the
Commission is provided in the Table below.
Table 13: Return on Equity for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR RInfra-T
Submission
Approved in this
Order
Regulatory equity at the beginning of
the year 461.23 461.23 461.20
Equity portion of expenditure
capitalized 7.94 10.38 10.38
Equity portion of asset retired during
the year 0.00 0.00 0.00
Regulatory equity at the end of the
year 469.17 471.61 471.57
RoE computation
RoE at the beginning of the year 71.49 71.49 71.49
RoE on capitalisation during the year 0.62 0.80 0.80
Total Return on Equity 72.11 72.30 72.29
4.6.6 The Commission approves Return on Equity of Rs. 72.29 Crore upon Truing-up for
FY 2014-15.
4.7 Operation and Maintenance Expenses
RInfra-T’s submission
4.7.1 O&M expenses have been submitted as per the norms for FY 2014-15 computed based
on the actual number of Bays and Transmission Lines in ckt.km. The O&M expenses
worked out based on norms is similar to that approved in the MTR Order, i.e., Rs. 40.90
Crore.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 35 of 118
4.7.2 In addition, RInfra-T has also set out the actual O&M expenses for FY 2014-15 with the
breakup of employee expenses, repairs and maintenance (R&M) and administration and
general (A&G) expenses.
4.7.3 The actual O&M expenses claimed for FY 2014-15 are Rs. 40.81 Crore, which is less
than the normative. Accordingly, efficiency gains have been claimed on the difference
between the actual and normative O&M expenses as per the MYT Regulations, 2011.
4.7.4 In addition to the above O&M expenses, certain other expenses, such as Corporate
expense allocation, Energy Charges, SCADA charges, land usage charges and rental for
cable laying, have been claimed in addition as part of O&M expenses.
4.7.5 The following Table shows the O&M expenses claimed by RInfra-T for FY 2014-15
along with the efficiency gains as against the normative expenses.
Table 14: Summary of O&M Expenses for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Order Difference
Base O&M expenses (excluding
Corporate expense allocation) 40.81 40.90 (0.09)
Efficiency gains retained by RInfra-T
as per MYT Regulations, 2011 (2/3rd
of savings in base expenses of Rs. 0.09
Crore)
0.06 - 0.06
Corporate allocation 2.25 2.27 (0.01)
Energy Charges 3.99 4.15 (0.16)
SCADA charges 1.01 1.06 (0.05)
Land usage charges 3.68 3.68 -
Total O&M expenses allowable 51.80 52.05 (0.25)
Commission’s Analysis and Ruling
4.7.6 The Commission sought the actual expenses incurred under various heads of O&M
expenses, which RInfra-T has provided. The Commission analyzed the actual O&M
expenditure as submitted by RInfra-T for each of the components, including employee
expenses, R&M and A&G expenses. The Commission has also compared the expenses
with FY 2013-14, as approved in the MTR Order, and found the actual expenses for FY
2014-15 to be in order.
4.7.7 The Commission sought Sub-station-wise details of unutilised Bays which have been
commissioned but not put to use. RInfra-T provided the list of unutilised Bays which
have been commissioned and capitalized. The Commission has carried out a prudence
check of the number of Bays and ckt. Km. of Transmission Lines as on 31 March, 2015.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 36 of 118
It has excluded 11 x 220 kV and 5 x 33 kV unutilised Bays, as submitted by RInfra-T, for
computing the normative O&M expenses for FY 2014-15.
4.7.8 The MYT Order dated 13 June, 2013 had approved additional O&M expenses pertaining
to Energy Charges, rental charges for cable laying, SCADA charges and land usage
charges over and above the normative O&M expenses.
4.7.9 The Commission has analyzed each of these expenses separately, and approved them in
this Order. The details of additional O&M expenses are provided in the following
paragraphs.
Energy Charges
4.7.10 RInfra-T has claimed Energy Charges for FY 2014-15 in line with the actual expenses
paid to other Licensees for such Auxiliary Consumption.
4.7.11 The Commission has been allowing the Energy Charges as Auxiliary Consumption of
EHV Sub-stations as an additional charge over and above normative O&M expenses.
These charges have been approved since the norms specified in the MYT Regulations,
2011 did not include such expenses but these are legitimate expenses of RInfra-T. The
Commission had accordingly considered these expenses over and above the O&M
expenses derived as per norms while Truing-up of FY 2012-13 and FY 203-14 in the
MTR Order.
4.7.12 The Commission had sought details of such expenses incurred in FY 2014-15. RInfra-T
has provided the Sub-station-wise Energy Charges paid to other Licensees. The
Commission has verified these expenses and found them to be in order. Accordingly, the
Commission approves Rs. 3.99 Crore towards Energy Charges for FY 2014-15.
Land Usage Charges
4.7.13 RInfra-T has claimed land usage charges of Rs. 3.68 Crore for FY 2014-15, based on the
Ready Reckoner rate of FY 2012-13 and a formalized arrangement with RInfra-D for
land usage charges through Minutes of Meeting (MoM). RInfra-T has stated that such
expenditure has incurred towards usage of land of RInfra-D for commissioning of 5 EHV
Sub-stations at Goregaon, Gorai, Saki, Borivali and Chembur.
4.7.14 In the MYT Order dated 13 June, 2013, the Commission had acknowledged that such
expenses are not covered under the norms in the MYT Regulations, 2011 and approved
them over and above the normative O&M expenses. This was reiterated in the MTR
Order dated 26 June, 2015, and land usage charges of Rs. 3.68 Crore were approved
based on the formalized arrangement with RInfra-D.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 37 of 118
4.7.15 In the present Petition, RInfra-T has claimed the land usage charges as per the MoM, in
line with the MTR Order approval.
4.7.16 As sought by the Commission, RInfra-T has provided documentary evidence of the
Ready Reckoner rate for FY 2012-13 for each Sub-station.
4.7.17 Based on the above analysis and facts, the Commission approves land usage charges of
Rs. 3.68 Crore for FY 2014-15.
SCADA Charges
4.7.18 In the MYT Order, the Commission had acknowledged the necessity of Supervisory
Control and Data Acquisition (SCADA) charges with regard to managing and operating
the networks of both Transmission and Distribution Businesses, and approved them over
and above the normative O&M expenses.
4.7.19 RInfra-T has stated that all its EHV Sub-stations and associated Lines are directly
connected to the SCADA Centre. This also enables it to provide various reports relating
to the Transmission system, as specified in the State Grid Code.
4.7.20 The SCADA employee expenses have been allocated based on the ratio of desks allotted
to Transmission and Distribution functions and other expenses based on the actual data
points handled by the respective Businesses.
4.7.21 In the MTR Order, the Commission had approved SCADA charges based on a similar
allocation, after ensuring that the total cost is equal to the cost apportioned against the
Transmission and Distribution Businesses of RInfra taken together.
4.7.22 Considering the above facts, the Commission approves SCADA charges of Rs 1.01 Crore
for FY 2014-15, as submitted by RInfra-T.
Corporate Expenses Allocation
4.7.23 The MTR Order dated 26 June, 2015 had approved Corporate expenses as submitted by
RInfra-T in the Truing-up of FY 2012-13 and FY 2013-14 after ensuring that such
allocation does not lead to increase in ARR of the Transmission and Distribution
businesses taken together.
4.7.24 During provisional Truing-up of FY 2014-15, the Commission had approved Corporate
expenses allocation for FY 2014-15 based on the actual Corporate expenses for the first
half (H1) of the financial year and estimates for the second half (H2).
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 38 of 118
4.7.25 In the present Petition, RInfra-T has provided the actual Corporate expenses for FY 2014-
15 and the allocation statement of such expenses to the Generation, Transmission and
Distribution Businesses of RInfra along with the Auditor’s certificate.
4.7.26 The Commission approves the Corporate expense allocation of Rs. 2.25 Crore based on
actual expenses for FY 2014-15.
4.7.27 The following Table shows the total O&M expenses are approved by the Commission for
FY 2014-15.
Table 15: O&M Expenses for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR Order
(Normative)
RInfra-T
Submission
(Actual O&M
expenses)
Approved in
this Order
(Actual O&M
expenses)
Base O&M expenses (excluding
Corporate expense allocation) 40.90 40.81 40.81
Corporate expense allocation 2.27 2.25 2.25
Energy Charges 4.15 3.99 3.99
SCADA charges 1.06 1.01 1.01
Land usage charges 3.68 3.68 3.68
Total O&M expenses allowable 52.05 51.74 51.74
4.7.28 The Commission approves actual base O&M Expenses of Rs. 40.81 Crore
pertaining to Employee, R&M and A&G expenses. The Commission also approves
Corporate expense allocation of Rs. 2.25 Crore, Energy Charges of Rs. 3.99 Crore,
SCADA charges of Rs. 1.01 Crore and land usage charges of Rs. 3.68 Crore, in
addition to the base O&M Expenses, for the Truing-up of FY 2014-15.
4.8 Interest on Working Capital
RInfra-T’s submission
4.8.1 Interest on Working Capital (IoWC) has been computed as per Regulation 35.2 of the
MYT Regulations, 2011 by applying the norms to the actuals.
4.8.2 Month-wise closing inventory of book value of stores for FY 2014-15 has been
presented, and the average of all months has been considered in the calculation of
working capital for the sum of book value of stores.
4.8.3 Revenue from Transmission Charges has been considered based on the combination of
charges approved in the Order dated 13 May, 2013 in Case No. 56 of 2013 for the first 5
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 39 of 118
months and charges approved in Order dated 14 August, 2014 in Case No. 123 of 2014
for the remaining 7 months.
4.8.4 RInfra-T has not claimed any efficiency gain on IoWC, in line with the Judgments of the
ATE in Appeal No. 203 of 2010 and Appeal Nos. 17, 18, 19 of 2011.
4.8.5 The following Table shows the IoWC as submitted by RInfra-T.
Table 16: Interest on Working Capital for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Order Difference
Interest on working capital 6.77 6.81 (0.04)
Commission’s Analysis and Ruling
4.8.6 Regulation 35.2 of the MYT Regulations, 2011 specifies the methodology for assessment
of working capital requirement by a Transmission Licensee as follows:
“35.2 (a) The Transmission Licensee shall be allowed interest on the estimated level
of working capital for the financial year, computed as follows:
(i) One-twelfth (1/12) of the amount of operation and maintenance expenses for such
financial year; plus
(ii) One-twelfth (1/12) of the sum of the book value of stores, materials and supplies
including fuel on hand at the end of each month of such financial year; plus
(iii) One and a half (11/2) months equivalent of the expected revenue from
Transmission Charges at the prevailing tariffs;
minus
(iv) Amount, if any, held as security deposits from Transmission System Users.”
4.8.7 The Commission has approved O&M expenses for one month based on the normative
base O&M expenses approved (Rs 38.48 Crore) in this Order (Table 30) and other
expenses. The approved base O&M expenses are considering RInfra-T funds its working
capital requirement from internal funds/accruals, and the prudent expenditure towards
O&M base expenses is approved for the purpose of working capital borrowing. The
Commission has also scrutinized the closing inventory as provided by RInfra-T and the
revenue earned from Transmission Charges.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 40 of 118
4.8.8 The MYT Regulations, 2011 stipulate that the rate of IoWC shall be considered on
normative basis and shall be equal to the State Bank of India Advance Rate (SBAR) as on
the date of application for determination of Tariff. The Commission has computed
interest as per the rate approved in the MYT Order, which is 14.50%. The summary of
IoWC for FY 2014-15 as submitted by RInfra-T and as approved by the Commission is
shown in the Table below.
Table 17: Interest on Working Capital for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
Submission
Approved in
this Order
Operations and maintenance expenses
for one month 4.31 4.12
One-twelfth of the sum of book value
of stores, materials and supplies at end
of each month
2.69 2.69
One and a half months of the expected
revenue from Transmission Charges at
the prevailing Tariffs
39.68 39.68
Less: Amount of security deposit from
Transmission System Users - -
Total working capital requirement 46.68 46.48
Interest Rate (%) - State Bank
Advance Rate 14.50% 14.50%
Interest on working capital 6.81 6.77 6.74
4.8.9 The Commission approves Interest on Working Capital of Rs. 6.74 Crore for
Truing-up of FY 2014-15.
4.9 Contribution to Contingency Reserves
RInfra-T’s submission
4.9.1 Regulation 36.1 of the MYT Regulations, 2011 provides for contribution to Contingency
Reserves of between 0.25 and 0.5 per cent of the original cost of fixed assets.
4.9.2 RInfra-T has considered the contribution to Contingency Reserves at 0.25% of the
original cost of fixed assets as on 1 April, 2014.
Table 18: Contribution to Contingency Reserves for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Order Difference
Contribution to Contingency Reserves 3.50 3.50 0
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 41 of 118
Commission’s Analysis and Ruling
4.9.3 RInfra-T had provided documentary evidence for investments made in specified
securities for Contingency Reserves. Upon scrutiny, the Commission observed some
discrepancies in figures between these and the Petition. The Commission sought
reconciliation of the investments made with the calculations provided for arriving at
contribution to Contingency Reserves. The details of investment in securities were
provided. On detailed scrutiny, the Commission has considered the investments made in
approved securities.
4.9.4 Regulation 36.1 of MYT Regulations, 2011 provides as follows:
“36.1 Where the Transmission Licensee or Distribution Licensee has made an
appropriation to the Contingency Reserve, a sum not less than 0.25 per cent and not
more than 0.5 per cent of the original cost of fixed assets shall be allowed annually
towards such appropriation in the calculation of aggregate revenue requirement:
Provided that where the amount of such Contingencies Reserves exceeds five (5)
per cent of the original cost of fixed assets, no such appropriation shall be allowed
which would have the effect of increasing the reserve beyond the said maximum:
Provided further that the amount so appropriated shall be invested in securities
authorized under the Indian Trusts Act, 1882 within a period of six months of the
close of the financial year.”
4.9.5 In accordance with the above Regulation, the Commission has approved the contribution
to Contingency Reserves as 0.25% of the opening GFA as approved in this Order for FY
2014-15.
Table 19: Contribution to Contingency Reserves for FY 2014-15, as approved by
Commission
Particulars (Rs. Crore) MTR Order Actual Approved in this
Order
Opening balance of Contingency
Reserves - 13.25 13.25
Opening gross fixed assets - 1,399.88 1,399.88
Opening balance of Contingency
Reserves as % of opening GFA - 0.95% 0.95%
Contribution to Contingency
Reserves during the year 3.50 3.50 3.50
4.9.6 The Commission approves Contribution to Contingency Reserves of Rs. 3.50 Crore
for the Truing-up of FY 2014-15.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 42 of 118
4.10 Income Tax
RInfra-T’s submission
4.10.1 The Commission had provisionally approved Income Tax for FY 2014-15 based on the
actual Income Tax paid in FY 2013-14, in the MTR Order dated 26 June, 2015.
4.10.2 In the present Petition, RInfra-T has computed Income Tax for FY 14-15 based on stand-
alone Regulatory Profit Before Tax (PBT) for the Transmission business.
4.10.3 RInfra-T has not considered contribution to Contingency Reserves as an expense while
calculating regulatory PBT since it is not a tax deductible item. Income from Other
Business is also not considered as part of revenue for the computation of Income Tax.
Table 20: Income Tax for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Order Difference
Income Tax 29.09 1.01 28.08
Commission’s Analysis and Ruling
4.10.4 Regulation 34 of MYT Regulations, 2011 stipulates the computation of Income Tax as
follows:
“34.1 The Commission, in its MYT Order, shall provisionally approve Income Tax
payable for each year of the Control Period, if any, based on the actual income tax
paid on permissible return as allowed by the Commission relating to the electricity
business regulated by the Commission, as per latest Audited Accounts available for
the applicant, subject to prudence check:
Provided that no Income Tax shall be considered on the amount of efficiency
gains and incentive earned by the Generating Companies, Transmission Licensees
and Distribution Licensees.
Provided further that the Generating Company, Transmission Licensee and
Distribution Licensee shall bill the Income Tax under a separate head called "Income
Tax Reimbursement" in their respective bills
34.2 Variation between Income Tax actually paid and approved, if any, on the income
stream of the regulated business of Generating Companies, Transmission Licensees
and Distribution Licensees shall be reimbursed to/recovered from the Generating
Companies, Transmission Licensees and Distribution Licensees, based on the
documentary evidence submitted at the time of Mid-term Performance Review and
MYT Order of 3rd Control Period, subject to prudence check…..”
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 43 of 118
4.10.5 The Commission has allowed Income Tax on PBT basis after reducing gains/losses and
incentives, as in the True-up Orders for FY 2012-13 and FY 2013-14. The Commission
has also considered other allowances and disallowances, such as provision for leave
encashment, gratuity and contingencies which are provided under the Income Tax Act, to
arrive at the total taxable income. The Commission has accordingly computed Income
Tax for FY 2014-15 as shown in the Table below:
Table 21: Income Tax for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR Order Actual Approved in
this Order
Profit Before Tax 128.08 124.70
Add: Depreciation as per ARR 59.57 59.57
Add: Other disallowances 3.64 3.64
Less: Depreciation as per Income Tax Act 103.63 103.63
Less: Other expenses allowed 2.09 2.09
Total taxable income 85.58 82.19
Tax payable at normal rate (Corporate Tax
rate, i.e., 33.99%) 1.01 29.09 27.94
4.10.6 The Commission approves Income Tax of Rs. 27.94 Crore in the Truing-up for FY
2014-15.
4.11 Revenue from Transmission Charges
RInfra-T’s submission
4.11.1 The revenue from Transmission Charges has been considered as a combination of
charges approved in the Order dated 13 May, 2013 in Case No. 56 of 2013 for the first 5
months, and those approved in the Order dated 14 August, 2014 in Case No. 123 of 2014
for the remaining 7 months of FY 2014-15.
4.11.2 There is no direct income accruing from Open Access charges.
Commission’s Analysis and Ruling
4.11.3 The Transmission Charges presented are in line with the respective InSTS Tariff Orders
in Case No. 56 of 2013 and Case No. 123 of 2014 in respect of FY 2014-15.The
Commission approves the revenue from Transmission Charges as submitted by RInfra-T.
4.11.4 The following Table shows the revenue from Transmission Charges approved by the
Commission for FY 2014-15.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 44 of 118
Table 22: Revenue from Transmission Charges for FY 2014-15, as approved by
Commission
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Revenue from Transmission Charges 317.42 317.42 317.42
4.11.5 The Commission approves revenue from Transmission Charges of Rs. 317.42 Crore
in the Truing-up for FY 2014-15.
4.12 Non-Tariff Income
RInfra-T’s submission
4.12.1 The major heads of Non-Tariff Income claimed in FY 2014-15 have been set out.
4.12.2 RInfra-T has been earning income from interest on investment made for Contingency
Reserves, and provided the details.
4.12.3 Liquidated Damages received from vendors on account of delay in delivery of equipment
are also treated as Non-Tariff Income.
4.12.4 Non-Tariff Income also includes realization of exchange loss, sale of scrap, rental income
from land usage charges and income from staff quarters.
4.12.5 RInfra-T has claimed the following towards Non-Tariff Income.
Table 23: Non-Tariff Income for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Order Difference
Non-Tariff Income 2.55 2.32 0.23
Commission’s Analysis and Ruling
4.12.6 The Commission has scrutinized the income under each head claimed by RInfra-T,
including the income from investments made for contribution to Contingency Reserves,
and found it to be in order.
4.12.7 Income from land usage charges receivable from RInfra-D is in line with the Ready
Reckoner rates and MoM provided.
4.12.8 The Commission has also considered the submission of RInfra-T regarding income from
rental of staff quarter.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 45 of 118
Table 24: Non-Tariff Income for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Non-Tariff Income 2.32 2.55 2.55
4.12.9 The Commission approves Non-Tariff Income of Rs. 2.55 Crore for the Truing-up
of FY 2014-15.
4.13 Income from Other Business
RInfra-T’s submission
4.13.1 RInfra-T has let out space on its Sub-station rooftops for installation of BTS towers of
Reliance Communication Ltd. The income from such other businesses should be
considered net of tax, and one-third of such income net of tax should be reduced from the
ARR. Accordingly, Income from Other Business net of tax has been computed, and one-
third of the amounts net of tax has been considered for passing through in the ARR.
4.13.2 RInfra-T has submitted Income from Other Business for FY 2014-15 as follows.
Table 25: Income from Other Business for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Order Difference
Income from Other Business 0.02 0.04 (0.01)
Commission’s Analysis and Ruling
4.13.3 The Commission has verified the calculation of Income from Other Business. Regulation
63.1 of the MYT Regulations, 2011 specifies as follows:
“63.1 Where the Transmission Licensee has engaged in any Other Business, an
amount equal to one-third of the revenues from such Other Business after deduction
of all direct and indirect costs attributed to such Other Business shall be deducted
from the aggregate revenue requirement in calculating the annual Transmission
Charges of the Transmission Licensee:
Provided that the Transmission Licensee shall follow a reasonable basis for
allocation of all joint and common costs between the Transmission Business and the
Other Business and shall submit the Allocation Statement to the Commission along
with its application for determination of tariff: Provided further that where the sum
total of the direct and indirect costs of such Other Business exceed the revenues from
such Other Business, no amount shall be allowed to be added to the aggregate
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 46 of 118
revenue requirement of the Transmission Licensee on account of such Other
Business.”
4.13.4 In line with Regulation 63.1, the Commission approves the Income from Other Business
in the ARR of FY 2014-15 as shown in the following Table.
Table 26: Income from Other Business for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Income from Other Business 0.04 0.02 0.02
4.13.5 The Commission approves Income from Other Business of Rs. 0.02 Crore in the
Truing-up for FY 2014-15.
4.14 Incentive on Availability of RInfra-T Network
RInfra-T’s submission
4.14.1 RInfra-T has claimed incentive on achieving annual Availability beyond the target
Availability, in line with Regulation 60.1 of the MYT Regulations, 2011.
4.14.2 The MSLDC certificate for the Transmission System Availability for RInfra-T at 99.81%
for FY 2014-15 is provided.
4.14.3 In the MTR Order, the Commission did not consider Income Tax as a part of the ARR for
calculating the incentive on Availability of the Transmission Network. On the same lines,
Income Tax has not been considered as a part of ARR for calculation of incentives in this
Order.
4.14.4 RInfra-T has separately taken up the issue before the ATE also.
Commission’s Analysis and Ruling
4.14.5 Regulation 60.2 of MYT Regulations, 2011 specifies the following:
“60.2 The Transmission Licensee shall be entitled to incentive on achieving annual
availability beyond the target availability, in accordance with the following formula:
Incentive = Annual Transmission Charges x [Annual availability achieved – Target
Availability] / Target Availability;
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MERC Order - Case No. 13 of 2016 Page 47 of 118
Where, Annual Transmission Charges shall correspond to Aggregate Revenue
Requirement for each year of the Control Period for the particular Transmission
Licensee within the State:….”
Provided that no incentive shall be payable above the availability of 99.75% for
AC system and 98.5% for HVDC system:
Provided further that the computation of incentive/disincentive shall be
undertaken during mid-term performance review and at the end of Control Period.”
4.14.6 The Commission has determined the incentive with respect to Availability based on
Regulation 60.2. Further, the MTR Order had approved incentive on ARR after excluding
Income Tax. In this Order also, the Commission has also not considered Income Tax as a
component of ARR for calculating incentive.
4.14.7 The actual Availability as per the MSLDC certificate is 99.81%, which is higher than the
ceiling of 99.75% specified in the Regulations. For the calculation of incentive, the
Commission has considered Availability of 99.75%.
4.14.8 The following Table shows the computation of RInfra-T and the incentive worked out by
the Commission for FY 2014-15.
Table 27: Incentive on Availability for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Net ARR excluding Income Tax, Non- Tariff
Income and Income from Other Business 265.11 263.46
Actual Availability as per MSLDC (%)
99.81% 99.81%
Availability for the purpose of Incentive (%) 99.75% 99.75%
Normative Availability (%) 98.00% 98.00%
Incentive on Availability - 4.73 4.70
4.14.9 The Commission approves Incentive on Availability of Rs. 4.70 Crore in the Truing-
up for FY 2014-15.
4.15 Sharing of Gains and Losses for FY 2014-15
4.15.1 O&M expenses have been computed as per the norms in Regulation 61.6 of the MYT
Regulations, 2011and on the basis of the actual number of Bays and Transmission Line
length (average of their opening and closing balance) for FY 2014-15 as below:
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 48 of 118
Table 28: Normative O&M Expenses for FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) FY 2014-15
Length of Line in ckt. Km 538.66
Norms as per MYT Regulations, 2011 (Rs. Lakh/ckt. km) 0.43
Total expenses (Rs. Crore) 2.32
Number of Bays above 66 kV 115.00
Norms as per MYT Regulations, 2011 (Rs. Lakh/bay) 20.03
Number of Bays at and below 66 kV 371.00
Norms as per MYT Regulations, 2011 (Rs. Lakh/bay) 4.19
Total expenses (Rs. Crore) 38.58
Total normative O&M expenses (Rs. Crore) 40.90
4.15.2 Actual O&M expenses amount to Rs. 40.81 Crore for FY 2014-15 (as shown at para.4.7
above), and sharing of efficiency gains has been claimed as follows.
Table 29: Sharing of Efficiency Gain for O&M Expenses for FY 2014-15, as submitted by
RInfra-T
Particulars (Rs. Crore) FY 2014-15
Actual O&M expenses as claimed in the Petition 40.81
Normative O&M expenses as per MYT Regulations, 2011 40.90
Gains on account of O&M expenses 0.09
Net Entitlement for RInfra-T for sharing of gains on O&M
expenses 0.06
Commission’s Analysis and Ruling
4.15.3 The Commission has calculated the normative O&M expenses excluding 11 x 220 kV
and 5 x 33 kV Bays which were not put to use. The actual O&M expenses as approved by
the Commission in para 4.7 of this Order are Rs. 40.81 Crore. The normative O&M
expenses for FY 2014-15 as worked out by the Commission are shown in the Table
below.
Table 30: Normative O&M Expenses for FY 2014-15, approved by Commission
Particulars As submitted
by RInfra-T
As approved in
this Order
220 kV Transmission Line length in ckt. Km 538.66 538.66
Applicable O&M cost norm for 220 kV Transmission 0.43 0.43
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 49 of 118
Particulars As submitted
by RInfra-T
As approved in
this Order
Lines (Rs Lakh / ckt. km)
Normative O&M expenses for Transmission Lines (Rs.
Crore) 2.32 2.32
Number of 220 kV Bays 115.00 104.00*
Number of 33 kV Bays 371.00 366.00*
Applicable O&M norm for 220 kV Bays (Rs. Lakh / bay) 20.03 20.03
Applicable O&M norm for 33 kV Bays (Rs. Lakh / bay) 4.19 4.19
Normative O&M expenses for Bays (Rs. Crore) 38.58 36.17
Total normative O&M expenses 40.90 38.48 * Reduction in number of bays on account of non-utilisation as discussed earlier in this Order
4.15.4 The Commission has shown the impact of the unutilised Bays as set out in para 4.3 of this
Order. The normative O&M expenses, after considering the impact of unutilised Bays,
works out to Rs. 38.48 Crore, which is lower than the actual O&M expenses approved in
this Order for FY 2014-15.
4.15.5 There is an efficiency loss on account of actual O&M expenses being higher than the
normative, as computed out by the Commission for FY 2014-15.
4.15.6 Regulation 14.2 of the MYT Regulations, 2011 specifies the following
“14.2 The approved aggregate loss to the Generating Company or Transmission
Licensee or Distribution Licensee on account of controllable factors shall be dealt
with in the following manner:
(a) One-third of the amount of such loss may be passed on as an additional charge in
tariff over such period as may be stipulated in the Order of the Commission under
Regulation 11.6; and
(b) The balance amount of loss shall be absorbed by the Generating Company or
Transmission Licensee or Distribution Licensee…”
4.15.7 Accordingly, the summary of the net entitlement of O&M expenses, including efficiency
loss for FY 2014-15, as approved by the Commission is shown below:
Table 31: Net Entitlement of O&M Expenses for FY 2014-15, as approved by Commission
Particulars (Rs. Crore) MTR
Order
RInfra-T
submission
Approved in
this Order
Actual O&M expenses (excluding Corporate
expense allocation, Energy Charges, land usage
charges and SCADA charges)
- 40.81 40.81
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 50 of 118
Particulars (Rs. Crore) MTR
Order
RInfra-T
submission
Approved in
this Order
Normative O&M expenses 40.90 40.90 38.48
Efficiency gain / (losses) on O&M expenses - 0.09 (2.33)
Efficiency gain / (losses) to be adjusted in tariff - 0.06 (1.55)
Energy Charges 4.15 3.99 3.99
Land usage charges 3.68 3.68 3.68
SCADA charges 1.06 1.01 1.01
Corporate expense allocation 2.27 2.25 2.25
Total O&M expenses 52.05 51.80 50.19
4.15.8 The Commission approves O&M Expenses of Rs. 50.19 Crore for FY 2014-15, after
sharing of efficiency losses, for the Truing-up of FY 2014-15.
4.16 Revenue Gap/Surplus for FY 2014-15
RInfra-T’s submission
4.16.1 The break-up of expenses for FY 2014-15, along with adjustment on account of sharing
of gains and losses, is given in the following Table:
Table 32: Summary of True-up for FY 2014-15, including sharing of efficiency gains/losses,
as submitted by RInfra-T
Sr.
No. Particulars
MTR
Order Actual
Deviati
on
Controlla
ble
Uncontrolla
ble
Net
Entitlement
after
sharing of
gains/(losses
)
1
Operation
&maintenance
expenses
52.05 51.74 (0.31) (0.31) 51.80
2 Depreciation expenses 59.57 59.57 0.00 0.00 59.57
3 Interest on long-term
long term loans 73.40 73.74 0.34 0.34 73.74
4
Interest on working
capital and on security
deposits
6.81 6.77 (0.04)
(0.04) 6.77
5 Income Tax 1.01 29.09 28.08 28.08 29.09
6 Contribution to
Contingency Reserves 3.50 3.50 - - 3.50
7 Total revenue
expenditure 196.34 224.41 28.07 (0.31) 28.38 224.47
8 Return on equity 72.11 72.30 0.19 0.19 72.30
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 51 of 118
Sr.
No. Particulars
MTR
Order Actual
Deviati
on
Controlla
ble
Uncontrolla
ble
Net
Entitlement
after
sharing of
gains/(losses
)
capital
9 Aggregate Revenue
Requirement 268.45 296.71 28.26 (0.31) 28.57 296.76
10 Less: Non-Tariff
Income 2.32 2.55 0.23 0.23 2.55
11 Less: Income from
Other Business 0.04 0.02 (0.01) (0.01) 0.02
12
Aggregate Revenue
Requirement from
Transmission Tariff
266.09 294.14 28.05 (0.31) 28.35 294.19
13 Availability incentive - 4.73 4.73 4.73 4.73
14 Revenue from
Transmission Tariff
a Long-term TSUs
including Distribution
Licensees
317.42 317.42 - - 317.42
b Medium-term OA
users
c Short-term OA Users
14 Revenue
Gap/(surplus) (51.33) (18.55) 32.78 (0.31) 33.09 (18.49)
Commission’s Analysis and Ruling
4.16.2 Based on the discussion on the various cost components in this Section, the Commission
has computed the total ARR and Revenue Gap/ (surplus) for FY 2014-15 as detailed in
the Table below.
Table 33: Summary of True-up for FY 2014-15, including sharing of efficiency gains/losses,
as approved by Commission
Sr.
No. Particulars
MTR
Order
Approved
after
True-up
Deviation Controll
able
Uncontrol
lable
Net
Entitlement
after sharing
of
gains/(losses)
1
Operation
&maintenance
expenses
52.05 51.74 (0.31) (0.31) 50.19
2 Depreciation 59.57 59.57 (0.00) (0.00) 59.57
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 52 of 118
Sr.
No. Particulars
MTR
Order
Approved
after
True-up
Deviation Controll
able
Uncontrol
lable
Net
Entitlement
after sharing
of
gains/(losses)
expenses
3 Interest on long-
term loan Capital 73.40 73.74 0.34 0.34 73.74
4
Interest on
working capital
and on security
deposits
6.81 6.74 (0.07) (0.07) 6.74
5 Income Tax 1.01 27.94 26.93 26.93 27.94
6
Contribution to
Contingency
Reserves
3.50 3.50 0.00 0.00 3.50
7 Total revenue
expenditure 196.34 223.23 26.89 (0.31) 27.20 221.68
8 Return on equity
capital 72.11 72.29 0.18 0.18 72.29
9
Aggregate
Revenue
Requirement
268.45 295.52 27.07 (0.31) 27.38 293.97
10 Less: Non-Tariff
Income 2.32 2.55 0.23 0.23 2.55
11
Less: Income
from Other
Business
0.04 0.02 (0.01) (0.01) 0.02
12
Aggregate
Revenue
Requirement
from
Transmission
Tariff
266.09 292.95 26.86 (0.31) 27.17 291.40
13 Availability
incentive - 4.70 4.70
4.70 4.70
14 Revenue from
Transmission
Tariff
a Long-term TSUs
including
Distribution
Licensees
317.42 317.42 - - 317.42
b Medium-Term
OA users
c Short-term OA
users
14 Revenue
Gap/(surplus) (51.33) (19.77) 31.56 (0.31) 31.87 (21.32)
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 53 of 118
4.16.3 After Truing-up of various elements for FY 2014-15, the ARR for FY 2014-15 works
out to Rs 293.97 Crore. Considering revenue of Rs 317.42 Crore from Transmission
Charges, Availability incentive of Rs 4.70 Crore, Non-Tariff Income of Rs. 2.55
Crore and Income from Other Business of Rs. 0.02 Crore, the Commission approves
a revenue surplus of Rs. 21.32 Crore for FY 2014-15 for adjustment in the Tariff of
subsequent years.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 54 of 118
5 PROVISIONAL TRUE-UP OF ARR FOR FY 2015-16
5.1 Background
5.1.1 RInfra-T has sought provisional Truing-up of FY 2015-16 based on the unaudited actual
figures for H1 and estimates for H2. RInfra-T has explained the reasons for revision in
the forecast of FY 2015-16 vis-à-vis the figures approved in the MTR Order dated 26
June, 2015 in Case No. 221 of 2014.
5.1.2 The analysis underlying the provisional Truing-up for FY 2015-16 by the Commission is
set out below.
5.2 Capital Expenditure and Capitalisation
RInfra-T’s submission
5.2.1 RInfra-T had estimated capitalisation of Rs. 146.02 Crore towards DPR schemes and Rs.
21.26 Crore towards Non-DPR schemes for FY 2015-16 in its MTR Petition. The
Commission approved capitalisation of Rs. 113.02 Crore for DPR schemes and Rs. 21.26
Crore for Non-DPR schemes in the MTR Order.
5.2.2 The MTR Order had disallowed capitalization of those schemes whose cumulative
capitalisation exceeded the DPR cost as approved by the Commission. RInfra-T was
directed to give reasons for time over-run, cost over-run and the scheme-wise IDC for all
such schemes whose cumulative capitalisation exceeded the approved DPR cost. RInfra-
T has submitted a review report on each of the schemes, elaborating the reasons for time
and cost over-run beyond the cut-off date along with documentary support, vide letters
dated 30 September, 2015 and 5 April, 2016. The report shows that the time over-run
and/or expenditure beyond the cut-off date is due to extraneous factors. Moreover, there
is no cost over-run in any of the schemes.
5.2.3 RInfra-T has incurred Rs. 14.91 Crore towards capital expenditure and Rs. 10.16 Crore
towards capitalisation during H1 of FY 2015-16.
5.2.4 RInfra-T has projected capital expenditure and capitalisation during H2 of FY 2015-16
considering the progress of individual schemes. Capitalisation of Rs. 54.78 Crore during
H2 has been projected, resulting in total estimated capitalisation of Rs. 64.94 Crore for
FY 2015-16, as shown in the Table below.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 55 of 118
Table 34: Scheme-wise Capitalisation for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore)
Actual
Capitalisation
(H1)
Estimated
Capitalisation
(H2)
220 kV GIS Borivali 5.58 10.50
220 kV GIS EHV Sub-station Gorai 0.66 14.82
Refurbishment of 220 kV Transmission Line 0.48 -
Security improvements 0.97 0.74
T&P procurement 1.20 1.57
System Improvements 1.15 6.78
220 kV cable RInfra-Saki to TPC-Saki - -
Relocation of 220 kV tower - 10.49
220 kV Nagari Niwara - -
Non-DPR 0.12 9.88
Total 10.16 54.78
5.2.5 A brief description of the major capitalisation in H1 and projected in H2, showing the
status of ongoing works, has been given.
5.2.6 A comparison of the capitalisation approved in the MTR Order and as submitted by
RInfra-T is provided in the Table below.
Table 35: Capitalisation for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) MTR Order Estimated
Capitalisation
DPR 113.02 54.94
Non-DPR 21.26 10.00
Total 134.28 64.94
5.2.7 Reasons for significant under-capitalisation in FY 2015-16 as compared to that approved
in the MTR Order have also been given.
Commission’s Analysis and Ruling
5.2.8 The Commission had approved capitalisation of Rs. 741.08 Crore for FY 2015-16 in the
MYT Order dated 13 June, 2013 based on the status of each scheme as submitted by
RInfra-T. It had scrutinized all the schemes for capital expenditure submitted by RInfra-T
in its MYT Petition along with the DPR schemes, and approved capitalisation as
proposed considering that all the schemes would be reviewed at the time of the MTR.
5.2.9 In the MTR Order, however, the Commission observed that most of the approved
schemes envisaged in the MYT Order had not been capitalized in the expected time
frame. The Commission analyzed the capitalisation schedule submitted by RInfra-T in
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MERC Order - Case No. 13 of 2016 Page 56 of 118
the light of the MYT Order and other details given in the MTR Petition, and observed
significant under-capitalisation in most of the schemes. The Commission was of the view
that, in order to consider the capitalisation as submitted by RInfra-T, it needed to be
convinced that the time over-run was on account of factors not within the reasonable
control of RInfra-T. The ruling of the Commission in MTR Order dated 26 June, 2015
has been quoted at para. 4.2.7 of this Order.
5.2.10 The Commission had provisionally approved capitalisation of Rs. 134.28 Crore, subject
to prudence check during the Truing-up of FY 2015-16, thereby disallowing Rs. 33.00
Crore from the amount proposed by RInfra-T in its MTR Petition on account of
cumulative capitalisation exceeding the approved DPR cost.
5.2.11 In its present Petition, RInfra-T has submitted capitalisation of Rs. 64.94 Crore, which is
significantly lower than that provisionally approved by the Commission in the MTR
Order for FY 2015-16. Actual capitalisation of Rs. 10.16 Crore in H1 has been claimed,
and Rs. 54.78 Crore is estimated in H2, which is significantly higher.
5.2.12 As sought by the Commission, since the financial year was over, RInfra-T submitted
actual unaudited capitalisation for FY 2015-16 of Rs 50.09 Crore, including IDC of Rs.
0.05 Crore.
5.2.13 The Commission has scrutinized the schemes against which capitalisation is claimed for
FY 2015-16. The detailed analysis of each scheme, along with their present status, is set
out in the Truing-up of FY 2014-15 at para 4.2 of this Order.
5.2.14 It is observed that all the schemes for which capitalisation is claimed in FY 2015-16 are
completed as per the approved DPR scope of work, with minor modifications. Moreover,
there is no cost over-run in any of the schemes at their closure as compared to the
approved DPR cost.
5.2.15 Most of the schemes for which capitalisation has been claimed by RInfra-T for FY 2015-
16 have been completed, but the completion reports for some are awaited.
5.2.16 The work under the scheme for System Improvement of EHV Sub-stations and
Transmission Lines is in progress. For FY 2015-16, RInfra-T has claimed capitalisation
of Rs. 9.87 Crore as against the approved DPR cost of Rs. 64.34 Crore.
5.2.17 Accordingly, the Commission approves the capitalization proposed by RInfra-T in its
revised submission for FY 2015-16 based on unaudited actuals. The following Table
shows the scheme-wise capitalisation submitted by RInfra-T and approved by the
Commission for FY 2015-16.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 57 of 118
Table 36: Capitalisation for FY 2015-16, as approved by Commission
Name of Scheme
Capitalisation as
submitted by RInfra-T
(Rs. Crore)
Capitalisation approved by
Commission (Rs. Crore)
220 kV GIS Borivali 16.08 11.39
220 kV GIS EHV Sub-station
Gorai 15.48 2.94
Refurbishment of 220 kV
Transmission Line 0.48 0.50
Security improvements 1.71 3.14
T&P procurement 2.77 3.36
System Improvements 7.93 9.87
Relocation of 220 kV tower 10.49 10.89
Non-DPR 10.00 8.00
Total capitalisation 64.94 50.09
5.2.18 The Commission provisionally approves Capitalisation of Rs. 50.09 Crore, as
presented by RInfra-T in its revised submission, on which it will take a final view in
the Truing-up for FY 2015-16.
5.3 Interest on Long Term Loans
RInfra-T’s submission
5.3.1 At the close of FY 2014-15, RInfra-T had a regulatory debt balance from various funding
agencies.
5.3.2 RInfra-T has not taken any further loans for fresh capex or for refinancing the opening
CWIP during FY 15-16 till the submission of its Petition. Accordingly, the entire capital
investment during FY 2015-16 is proposed to be financed through normative debt and
equity in the ratio of 70:30 as per the MYT Regulations, 2011.
5.3.3 RInfra-T is in discussion with some of the Banks for exploring the possibility of
refinancing some of its existing loans in order to reduce the interest cost, and will
appraise the Commission in this regard at the appropriate time. The actual borrowings
during FY 2015-16 will be intimated during the Truing-up of FY 2015-16.
5.3.4 RInfra-T has considered the opening loan balance for FY 2015-16 as equal to the closing
loan balance of FY 2014-15. Loan addition has been considered as equal to 70% of the
capitalization, and repayments as equal to depreciation.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 58 of 118
5.3.5 No assets have been retired during H1 of FY 2015-16 and no retirements are proposed
during H2. Hence, no consequential treatments are considered in the loan balances.
5.3.6 The weighted average interest rate of 11.94% has been worked out based on the actual
loan portfolio in accordance with Regulation 33.5, and applied on the weighted average
loan balance to claim interest on long term loans for FY 2015-16.
Table 37: Interest on Long Term Loans for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Estimates MTR Difference
Interest on long-term loans 70.70 72.83 (2.13)
Commission’s Analysis and Ruling
5.3.7 The MTR Order had considered the weighted average rate of interest computed on the
basis of the actual loan portfolio at the beginning of the year for arriving at the interest
cost for FY 2015-16.
5.3.8 The Commission sought documentary support to substantiate the loan balances from each
of the banks. In response, RInfra-T provided details of actual loan balances, loan
additions, repayments and closing loan balances for FY 2014-15. The Commission
scrutinized these details to arrive at the interest rate equivalent to the weighted average
interest of the actual loan portfolio at the beginning of the year.
5.3.9 Accordingly, the Commission has considered the normative opening loan balance for FY
2015-16 as the same as that approved as the closing loan balance for FY 2014-15. The
loan additions are taken as 70% of the provisionally approved capitalisation for FY 2015-
16.The repayments are taken as the depreciation approved during the year. The weighted
average interest rate of the actual loan portfolio at the beginning of the year is then
applied to the average of opening and closing loan balances for the year to compute the
interest expense for FY 2015-16.
Table 38: Interest on Long Term Loans for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR RInfra-T
Submission
Approved in
this Order
Opening balance of debt 594.64 600.34 600.34
Addition 94.00 45.46 35.06
Repayment 63.12 61.79 61.18
Closing debt 625.51 584.00 574.22
Interest rate 11.94% 11.94% 11.94%
Interest on long term loan 72.83 70.70 70.11
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 59 of 118
5.3.10 The Commission approves Interest on Long Term Loans of Rs. 70.11 Crore, as
against Rs. 70.70 Crore submitted by RInfra-T, for the provisional Truing-up of FY
2015-16.
5.4 Depreciation
RInfra-T’s submission
5.4.1 RInfra-T has considered the opening GFA for FY 2015-16 as equal to the closing GFA of
FY 2014-15. The asset addition during FY 2015-16 has been considered as the unaudited
actual asset addition during H1 and the estimates for H2.
5.4.2 RInfra-T has submitted that no assets were retired during H1 and has not proposed any
asset retirement during H2.
5.4.3 To arrive at the depreciation for FY 2015-16, RInfra-T has considered depreciation on the
opening balance of assets as on 1 April, 2015 with the rates specified in the MYT
Regulations, 2011, but only up to 70% of the original cost. In case of any asset being
depreciated to 70% of the original cost during FY 2015-16, the balance value is spread
over the balance useful life of that asset.
5.4.4 RInfra-T has considered the useful life as specified in the Companies Act for assets
whose useful life has not been provided in the MYT Regulations, 2011. It has considered
depreciation on the addition based on the actual date of capitalisation for H1 and mid-
point addition for H2.
5.4.5 RInfra-T has provided detailed calculation of depreciation for each of its assets as on 1
April, 2015 and claimed depreciation only on those assets which have not been
depreciated up to 90%.
Table 39: Depreciation for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Actual MTR Difference
Depreciation 61.79 63.12 (1.33)
Commission’s Analysis and Ruling
5.4.6 The Commission had provisionally approved depreciation as submitted by RInfra-T for
FY 2015-16 in the MYT Order, stating that a view on the depreciation expenses would be
taken at the time of MTR.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 60 of 118
5.4.7 In its MTR Petition, RInfra-T had submitted the revised depreciation for FY 2014-15
based on the capitalisation considered during that year. The opening balance of assets had
been considered as on 1 April, 2015, and the depreciation rates as specified in the
Regulations.
5.4.8 In the MTR Order, the Commission had considered opening GFA for FY 2015-16 as
equal to the closing GFA for FY 2014-15, and the assets added during the year were
taken as equal to the capitalisation approved for FY 2015-16 in that Order.
5.4.9 In the present Petition, RInfra-T has submitted depreciation expenses claimed in line with
Regulation 31 of MYT Regulations, 2011. The Commission has scrutinized the
calculation of asset-wise depreciation expenses provided by RInfra-T.
5.4.10 The Commission sought details of actual unaudited depreciation for FY 2015-16 since
the financial year was already over, which RInfra-T provided.
5.4.11 The Commission observed that the depreciation submitted by RInfra-T is in line with the
methodology specified in the MYT Regulations, 2011 and was based on the actual
capitalization presented in its revised submission.
5.4.12 The Commission has considered the opening GFA for FY 2015-16 as per the closing
GFA of FY 2014-15 approved in this Order. The addition to GFA is based on the
capitalisation approved in para. 5.2 of this Order. The Commission has also considered
reduction of Rs. 2.02 Crore from GFA on account of retirement of assets as presented by
RInfra-T in its revised submission for FY 2015-16.
5.4.13 The Commission has worked out the depreciation based on the asset-class-wise
depreciation rate specified in the MYT Regulations, 2011.
5.4.14 The summary of depreciation for FY 2015-16 as submitted by RInfra-T and as approved
by the Commission is shown in the Table below.
Table 40: Depreciation Expenses for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR RInfra-T
Submission
Approved in
this Order
Opening gross fixed assets 1,434.47 1,434.47
Addition of gross fixed Assets 64.94 50.09
Asset retirement 2.02
Closing gross fixed assets 1,499.41 1,482.54
Depreciation 63.12 61.79 61.18
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 61 of 118
5.4.15 The Commission approves Depreciation of Rs. 61.18 Crore, as against Rs. 61.79
Crore proposed by RInfra-T, for the provisional Truing-up of FY 2015-16.
5.5 Return on Equity
RInfra-T’s submission
5.5.1 RoE has been computed based on Regulation 32.2 of the MYT Regulations, 2011, i.e.,
15.5% on the equity capital at the beginning of the year plus 50% of the equity portion
for the assets capitalized during the year.
5.5.2 No assets have been retired in FY 2015-16, and no consequential treatment needs to be
provided in the equity balance. Actual retirement, if any, will be presented during the
Truing-up of FY 2015-16.
5.5.3 The following Table shows the RoE as submitted by RInfra-T.
Table 41: Return on Equity for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Estimates MTR Order Difference
Regulatory equity at the beginning of
the year 471.61 469.17 2.44
Equity portion of expenditure
capitalized 19.48 40.28 (20.80)
Equity portion of asset retired during
the year - - -
Regulatory equity at the end of the
year 491.09 509.45 (18.36)
Return computation
RoE at the beginning of the year 73.10 72.72 0.38
RoE on capitalisation during the year 1.51 3.12 (1.61)
Total return on equity 74.61 75.84 (1.23)
Commission’s Analysis and Ruling
5.5.4 The Commission has considered the regulatory equity at the beginning of the year as the
same as that approved in this Order for FY 2014-15. The additions are taken as the equity
portion of assets capitalized during FY 2015-16 as approved in this Order.
5.5.5 RoE has been computed at 15.50 % of the equity, in accordance with Regulation 32.2.1,
on the opening equity of the year and on 50% of the equity portion of the approved
capitalisation in FY 2015-16.
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MERC Order - Case No. 13 of 2016 Page 62 of 118
5.5.6 The summary of RoE for FY 2015-16 as submitted by RInfra-T and as approved by the
Commission is provided in the Table below.
Table 42: Return on Equity for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR RInfra-T
Submission
Approved in this
Order
Regulatory equity at the
beginning of the year 469.17 471.61 471.57
Equity portion of expenditure
capitalized 40.28 19.48 15.03
Equity portion of asset retired
during the year - - 0.61
Regulatory equity at the end of
the year 509.45 491.09 485.99
Return computation
RoE at the beginning of the year 72.72 73.10 73.09
RoE on capitalisation during the
year 3.12 1.51 1.12
Total return on equity 75.84 74.61 74.21
5.5.7 The Commission approves Return on Equity of Rs. 74.21 Crore, as against Rs. 74.61
Crore claimed by RInfra-T, for the provisional Truing-up of FY 2015-16.
5.6 Operation and Maintenance Expenses
RInfra-T’s submission
5.6.1 O&M expenses have been submitted as per norms for FY 2015-16, based on the actual
number of Bays and Transmission Lines in ckt. Km. These O&M expenses are the same
as approved in the MTR Order dated 26 June, 2015, i.e., Rs. 43.22 Crore.
5.6.2 Despite the under-capitalisation, there is very little difference between the normative base
O&M expenses approved in the MTR Order and those estimated by RInfra-T for FY
2015-16 in the present Petition. This is because of major reduction in capitalisation in the
System Improvement Scheme and Non-DPR schemes which do not involve construction
of Transmission Lines and Bays.
5.6.3 RInfra-T has also claimed additional expenses relating to operations, as in its previous
Petitions. These claims relate to expenses pertaining to SCADA charges, land use
charges, Energy Charges, etc., as set out in para 4.7 of this Order dealing with the Truing-
up of FY 2014-15.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 63 of 118
5.6.4 These expenses were not included in the base expenses which were considered for
developing the norms of O&M expenses in the MYT Regulations, 2011.
5.6.5 The following Table shows the O&M expenses claimed by RInfra-T for FY 2015-16.
Table 43: Summary of O&M Expenses for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Estimates MTR Order Difference
Normative O&M expenses 43.22 43.22 (0.01)
SCADA charges 1.27 1.16 0.11
Land usage charges 3.86 3.86 -
Energy Charges 3.98 4.15 (0.17)
Corporate expense allocation 2.34 2.48 (0.14)
Total O&M expenses 54.67 54.88 (0.20)
Commission’s Analysis and Ruling
5.6.6 The Commission has analyzed the normative O&M expenditure as submitted by RInfra-T
based on the norms specified in the MYT Regulations, 2011.
5.6.7 The Commission sought the scheme-wise number of unutilised Bays and the expected
date from which they would be put to use. RInfra-T provided the scheme-wise number of
Bays that are currently not in use and the expected date from which they would be put to
use.
5.6.8 The issue of unutilised Bays has been discussed at para. 4.3.of this Order. The
Commission has accordingly excluded such unutilised Bays while estimating the
normative O&M expenses for FY 2015-16. The following Table shows the normative
O&M expenses worked out by the Commission for FY 2015-16.
Table 44: Normative O&M Expenses for FY 2015-16, as approved by Commission
Particulars As submitted
by RInfra-T
As approved in
this Order
220 kV Transmission Line length in ckt. km 538.66 538.66
Applicable O&M cost norm for 220 kV Transmission
Lines (Rs Lakh / ckt. km) 0.45 0.45
Normative O&M expenses for Transmission Lines (Rs.
Crore) 2.42 2.42
Number of 220 kV Bays 115.00 104.00*
Number of 33 kV Bays 371.00 366.00*
Applicable O&M Cost norm for 220 kV Bays (Rs. Lakh /
bay) 21.18 21.18
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 64 of 118
Particulars As submitted
by RInfra-T
As approved in
this Order
Applicable O&M Cost norm for 33 kV Bays (Rs. Lakh /
bay) 4.43 4.43
Normative O&M expenses for Bays (Rs. Crore) 40.79 38.24
Total normative O&M expenses 43.22 40.66 * Reduction in number of bays on account of unutilised bays
5.6.9 The Commission approves the normative base O&M Expenses as Rs. 40.66 Crore,
as against Rs. 43.22 Crore submitted by RInfra-T, for the provisional Truing-up of
FY 2015-16.
5.6.10 The MYT Order dated 13 June, 2013 in Case No. 141 of 2012 had also approved
additional O&M expenses pertaining to Energy Charges, rental charges for cable laying,
SCADA charges and land usage charges over and above the normative O&M expenses.
5.6.11 The Commission has analyzed each of the expenses separately for approval. The details
are set out below.
Energy Charges
5.6.12 The Commission has been allowing Energy Charges as Auxiliary Consumption of EHV
Sub-stations as an additional charge in O&M expenses. These charges have been
approved since the norms specified in the MYT Regulations, 2011 do not provide for
such expenses but these are legitimate expenses for the Transmission Licensee. The
Commission has acknowledged this fact and considered these expenses over and above
the O&M expenses derived as per norms in the Truing-up for FY 2012-13 and FY 2013-
14 in the MTR Order.
5.6.13 In the present Petition, RInfra-T has provided Sub-station-wise Energy Charges for H1 of
FY 2015-16 and claimed them in line with the actual expenses paid to other Licensees for
such Auxiliary Consumption. The estimates for H2 of FY 2015-16 were also provided.
5.6.14 As sought by the Commission, RInfra-T subsequently submitted the unaudited actual
expenses for FY 2015-16 since the financial year was over.
5.6.15 After scrutiny, the Commission approves the Energy Charges based on the unaudited
actual as provided by RInfra-T in its submission. The Commission will take a final view
on these expenses at the time of Truing-up of FY 2015-16.
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MERC Order - Case No. 13 of 2016 Page 65 of 118
Land Usage Charges
5.6.16 RInfra-T has claimed land usage charges of Rs. 3.86 Crore for FY 2015-16 based on the
Ready Reckoner rate of FY 2012-13 and a formalized arrangement for land usage
charges through the MoM.
5.6.17 The MYT Order dated 13 June, 2013 in Case No. 141 of 2012 acknowledged the fact that
such expenses are not covered in the norms specified in the MYT Regulations, 2011, and
they were approved over and above the normative O&M expenses.
5.6.18 The Commission had approved Rs. 3.86 Crore as land usage charges in the MTR Order
dated 26 June, 2015 based on the formalized arrangement for land usage charges through
a MoM.
5.6.19 The Commission scrutinized the documents provided by RInfra-T in this regard and
observed that the charges are in line with the documentary proof provided. The
Commission approves land usage charges of Rs. 3.86 Crore for FY 2015-16.
SCADA Charges
5.6.20 The MYT Order had acknowledged that SCADA charges relating to managing and
operating the networks of both Transmission and Distribution Businesses are necessary,
and approved them over and above the normative O&M expenses.
5.6.21 RInfra-T has stated that all its EHV Sub-stations and associated Lines are directly
connected to the SCADA Centre, which also enables it to provide various reports of the
Transmission System as required under the State Grid Code.
5.6.22 RInfra-T has allocated the SCADA charges between Transmission and Distribution
functions based on the allocation adopted in FY 2014-15 as mentioned in the earlier
Section. RInfra-T has considered the actual expenses for H1 of FY 2015-16 and estimates
for H2 of FY 2015-16.In the MTR Order, the Commission had approved SCADA
charges based on a similar allocation subject to such allocation not resulting in any
increase in the ARR of the Transmission and Distribution Business of RInfra taken
together.
5.6.23 As sought by the Commission, RInfra-T submitted the actual unaudited expenses on
SCADA charges.
5.6.24 Considering the above facts, the Commission approves the SCADA charges for FY 2015-
16 as submitted by RInfra-T in its revised submission, based on unaudited actual figures.
The Commission will take a final view on these charges while Truing-up for FY 2015-16.
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MERC Order - Case No. 13 of 2016 Page 66 of 118
Corporate Expense Allocation
5.6.25 In the MTR Order, the Commission had approved Corporate expenses allocation as
submitted by RInfra-T in the Truing of FY 2012-13 and FY 2013-14, subject such
expense allocation not leading to any increase in the ARR of the Transmission and
Distribution Businesses taken together.
5.6.26 In the present Petition, RInfra-T has provided the actual Corporate expenses for H1 of FY
2015-16 and estimates for H2 of FY 2015-16.
5.6.27 The Commission had sought details of the actual Corporate expense allocation for the
entire FY 2015-16. RInfra-T could not provide provisional unaudited actuals for such
allocation. The Commission has considered the Corporate expense allocation as
submitted in the Petition, subject to truing-up.
5.6.28 The following Table shows the O&M expenses submitted by RInfra-T in its Petition and
that approved by the Commission in this Order.
Table 45: O&M Expenses for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
Submission
Approved in this
Order
Normative O&M expenses 43.22 43.22 40.66
Energy Charges 4.15 3.98 3.81
Land usage charges 3.86 3.86 3.86
SCADA charges 1.16 1.27 1.17
Corporate expense allocation 2.48 2.34 2.34
Total O&M expenses 54.88 54.67 51.85
5.6.29 The Commission approves the base normative O&M Expenses of Rs. 40.66 Crore
considering the norms specified in the MYT Regulations, 2011. The Commission
also approves Corporate expense allocation of Rs. 2.34 Crore, Energy Charges of
Rs. 3.81 Crore, SCADA charges of Rs. 1.17 Crore and land usage charges of Rs. 3.86
Crore in addition to the base normative O&M Expenses for the provisional Truing-
up of FY 2015-16.
5.7 Interest on Working Capital
RInfra-T’s submission
5.7.1 IoWC has been calculated as per Regulation 35.2 of the MYT Regulations, 2011.
5.7.2 The month-wise closing inventory of book value of stores has been presented for H1 of
FY 2015-16, with estimates for H2.
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MERC Order - Case No. 13 of 2016 Page 67 of 118
5.7.3 Revenue from Transmission Charges has been considered based on the combination of
charges approved in the InSTS Tariff Order dated 14 August, 2014 in Case No. 123 of
2014 for the first two months, and the charges approved in Order dated 26 June, 2015 in
Case No. 57 of 2015 for the remaining months of FY 2015-16.
5.7.4 The rate of IoWC for FY 2015-16 is considered as that approved by the Commission in
the MTR Order, i.e., 14.75%.
5.7.5 The following Table shows the IoWC as submitted by RInfra-T.
Table 46: Interest on Working Capital for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Estimates MTR Order Difference
Interest on working capital 5.39 4.96 0.43
Commission’s Analysis and Ruling
5.7.6 Regulation 35.2 specifies the methodology for assessment of working capital requirement
by a Transmission Licensee, and has been quoted at para. 4.8.6 earlier in this Order.
5.7.7 The Commission has approved O&M expenses for one month based on the normative
O&M charges approved in this Order as discussed above. The Commission has also
scrutinized the closing inventory as provided by RInfra-T in its revised submission based
on unaudited actuals and the revenue earned from Transmission Charges as approved in
the respective Orders.
5.7.8 The MYT Regulations, 2011 specify that the rate of IoWC shall be considered on
normative basis and be equal to the SBAR as on the date of application for determination
of Tariff. The Commission has computed interest as per the rate approved in the MYT
Order, which is 14.75%. The summary of IoWC for FY 2015-16 as submitted by RInfra-
T and as approved by the Commission is provided in the Table below.
Table 47: Interest on Working Capital for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
Submission
Approved in
this Order
Operations and maintenance expenses
for one month 4.56 4.32
One-twelfth of the sum of book value
of stores, materials and supplies at end
of each month
1.93 1.74
One and a half months of the expected
revenue from Transmission Charges at
the prevailing Tariffs
30.08 30.08
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MERC Order - Case No. 13 of 2016 Page 68 of 118
Particulars (Rs. Crore) MTR Order RInfra-T
Submission
Approved in
this Order
Less: Amount of security deposit from
Transmission System Users - -
Total working capital requirement 36.57 36.15
Interest Rate (%) - State Bank
Advance Rate 14.75 14.75
Interest on working capital 4.96 5.39 5.33
5.7.9 The Commission approves Interest on Working Capital of Rs. 5.33 Crore, as against
Rs. 5.39 Crore submitted by RInfra-T, for the provisional Truing-up of FY 2015-16.
5.8 Contribution to Contingency Reserves
RInfra-T’s submission
5.8.1 Regulation 36.1 of the MYT Regulations, 2011 provides for contributions to Contingency
Reserves of a sum between 0.25 and 0.5 per cent of the original cost of fixed assets.
RInfra-T has considered the contribution to Contingency Reserves at 0.25% of the
original cost of fixed assets as on 1 April, 2015.
Table 48: Contribution to Contingency Reserves for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Estimates MTR Order Difference
Contribution to Contingency Reserves 3.59 3.57 0.02
Commission’s Analysis and Ruling
5.8.2 RInfra-T had provided documentary evidence for investments made in specified
securities for Contingency Reserves, but it was not sufficient to substantiate RInfra-T’s
claim. As sought by the Commission, RInfra-T subsequently provided further
documentary support for the investments made in approved securities. Upon scrutiny, the
Commission has concluded that the investments were made in approved securities as
specified in the MYT Regulations, 2011.
5.8.3 Regulation 36.1 of the MYT Regulations, 2011 governs the appropriation towards
Contingency Reserves, and has been quoted at para. 4.9.4 earlier in this Order.
Considering that provision, the Commission approves the contribution to Contingency
Reserves as 0.25% of the opening GFA considered in this Order for FY 2015-16.
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MERC Order - Case No. 13 of 2016 Page 69 of 118
Table 49: Contribution to Contingency Reserves for FY 2015-16, as approved by
Commission
Particulars (Rs. Crore) MTR Order Actual Approved in
this Order
Opening balance of Contingency
Reserves 16.75 16.75
Opening gross fixed assets 1,434.47 1,434.47
Opening balance of Contingency
Reserves as % of opening GFA 1.17% 1.17%
Contribution to Contingency Reserves
during the year 3.57 3.59 3.59
5.8.4 The Commission approves Contribution to Contingency Reserves of Rs. 3.59 Crore
for the provisional Truing-up of FY 2015-16.
5.9 Income Tax
RInfra-T’s submission
5.9.1 Income Tax for FY 2015-16 is estimated based on the actual Income Tax payable for
RInfra-T for FY 2014-15, as in the Table below.
Table 50: Income Tax for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Estimates MTR Order Difference
Income Tax 29.09 1.01 28.08
Commission’s Analysis and Ruling
5.9.2 Regulation 34 of MYT Regulations, 2011, which specifies the manner of computation of
Income Tax, has been quoted at para. 4.10.4 earlier in this Order.
5.9.3 The Commission is of the view that it is not appropriate to re-assess Income Tax based on
projected expenses since these are provisional. In the past, RInfra-T has actually incurred
much lower expenditure on Income Tax than was approved, on account of lower
capitalisation.
5.9.4 Accordingly, the Commission approves Income Tax for FY 2015-16 as approved in the
Truing-up of FY 2014-15.
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MERC Order - Case No. 13 of 2016 Page 70 of 118
Table 51: Income Tax for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR Order Estimates Approved in
this Order
Income Tax 1.01 29.09 27.94
5.9.5 The Commission approves Income Tax of Rs. 27.94 Crore, as against Rs. 29.09
Crore submitted by RInfra-T, for the provisional Truing-up of FY 2015-16.
5.10 Revenue from Transmission Charges
RInfra-T’s submission
5.10.1 The revenue from Transmission Charges has been considered based on the combination
of charges approved in the InSTS Tariff Order dated 14 August, 2014 in Case No. 123 of
2014 for the first 2 months and the charges approved in the Order dated 26 June, 2015 in
Case No. 57 of 2015 for the remaining months of FY 2015-16.
5.10.2 There is no direct income accruing from Open Access charges.
Commission’s Analysis and Ruling
5.10.3 The Transmission Charges submitted in the Petition are in line with the InSTS Tariff
Orders in Case No. 123 of 2014 and Case No. 57 of 2015 applicable for FY 2015-16.
Accordingly, the Commission approves the revenue from Transmission Charges as
submitted by RInfra-T.
5.10.4 The following Table shows the revenue from Transmission Charges approved by the
Commission for FY 2015-16.
Table 52: Revenue from Transmission Charges for FY 2015-16, as approved by
Commission
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Revenue from Transmission Charges 208.86 240.68 240.68
5.10.5 The Commission approves revenue from Transmission Charges of Rs. 240.68 Crore
for the provisional Truing-up of FY 2015-16.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 71 of 118
5.11 Non-Tariff Income
RInfra-T’s submission
5.11.1 Transmission Charge payments to RInfra-T have been regularly delayed. The details of
delay in terms of number of days in each month of FY 2015-16, till December, 2015, and
the DPC claimed by RInfra-T for such delay have been submitted. Further, the DPC
claims have also not been honored by the defaulting TSUs.
5.11.2 The Commission has considered DPC of Rs. 35.02 Crore payable to RInfra-T as on 26
March, 2015 as Non-Tariff Income. By considering DPC as Non-Tariff Income, the cash
neutrality of RInfra at the Company level gets disturbed. The interest earned by RInfra-D
(on excess Transmission Charges) is not retained by the Company, but passed on to the
consumers. As the interest earned is passed on, it cannot now compensate for the funding
cost of delayed under-recovery of Transmission Charges by RInfra-T.
5.11.3 The Commission has also acknowledged that DPC and interest on delayed payment
compensate for funding cost of under-recovery of charges, which is over and above the
normative working capital. Accordingly, DPC was not considered as Non-Tariff Income
while framing the MYT Regulations, 2015.
5.11.4 RInfra-T has also filed an Appeal before the ATE challenging the treatment of DPC as
Non-Tariff Income. The Appeal is pending.
5.11.5 In view of the above, the Commission may not consider the amount of Rs. 35.02 Crore as
Non-Tariff Income in FY 2015-16.
5.11.6 Further, interest on Contingency Reserve investments, income from land usage charges,
interest from staff loans and advances, etc., also form part of Non- Tariff Income for FY
2015-16.
5.11.7 RInfra-T has claimed the following towards Non-Tariff Income.
Table 53: Non-Tariff Income for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Estimates MTR Order Difference
Non-Tariff Income 2.96 37.65 (34.69)
Commission’s Analysis and Ruling
5.11.8 In the MTR Order dated 26 June, 2015, the Commission had considered DPC under Non-
Tariff Income:
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 72 of 118
“4.11.6. In Case No. 151 of 2014, the STU informed the Commission that RInfra-D is
paying net Transmission Charge after deducting the receivables of RInfra-T. Since
RInfra-D has been allowed Transmission Charge in its ARR, the Commission rejects
the contention of RInfra-T that DPC only compensates the business for the interest
cost of funds deployed internally to fund delays.
4.11.7. Hence the Commission has treated income received from DPC for FY 2012-
13 as Other Income. That has been incorporated in the ARR of FY 2015-16.”
5.11.9 Accordingly, the Commission is considering DPC as Non-Tariff Income. The
Commission has taken the actual DPC receivable by RInfra-T as on 31 March, 2016 as
per the STU Pool account, which was Rs. 45.89 Crore. This has been considered in Non-
Tariff Income for FY 2015-16.
5.11.10Although they may be constituents of a single corporate entity, RInfra-T and RInfra-D
are distinct and separate as Licensees under the EA, 2003 and the relevant Regulations.
They are obliged to adhere to their respective obligations as Licensees with respect to the
payment security mechanism, which is also stipulated in the Intra-State Transmission
Tariff Orders, and the modalities prescribed for payment of the Transmission Charges.
The Commission is not concerned with the cash neutrality of RInfra as a whole. It also
expects due diligence on the part of RInfra-T to ensure timely recovery of Transmission
Charges. RInfra-T is directed to provide to the Commission the details of the payment
security mechanism and its implementation in FY 2015-16 and in the current financial
year so far, within a month of this Order.
5.11.11With regard to the other claims, the Commission had sought details of unaudited actual
expenses incurred under various heads of Non-Tariff Income during FY 2015-16 after the
financial year was over. RInfra-T provided the unaudited actual expenses for FY 2015-
16, which the Commission has accepted against Non-Tariff Income provisionally.
5.11.12 The following Table shows the Non-Tariff Income as submitted by RInfra-T and as
approved by the Commission in this Order.
Table 54: Non-Tariff Income for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Non-Tariff Income 37.65 2.96 48.82
5.11.13 The Commission approves Non-Tariff Income of Rs. 48.82 Crore, as against Rs.
2.96 Crore submitted by RInfra-T, for the provisional Truing-up of FY 2015-16.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 73 of 118
5.12 Income from Other Business
RInfra-T’s submission
5.12.1 RInfra-T has let out space on its Sub-station rooftops for installation of BTS towers of
Reliance Communication Ltd. RInfra-T has received Rs. 0.11 Crore from this in FY
2014-15. RInfra-T has considered 1/3rd of the amount received after netting of Income
Tax. RInfra-T had considered Rs. 0.02 Crore as Income from Other Business for FY
2014-15, which is considered for FY 2015-16 as well.
Commission’s Analysis and Ruling
5.12.2 The Commission has scrutinized the calculation of Income from Other Business. The
provisions of Regulation 63.1 of the MYT Regulations, 2011 governing the treatment of
Income from Other Business have been quoted at para. 4.13.3 earlier in this Order.
5.12.3 In line with Regulation 63.1, the Commission approves Income from Other Business in
the ARR of FY 2015-16 as shown in the following Table.
Table 55: Income from Other Business for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Income from Other Business 0.04 0.02 0.02
5.12.4 The Commission approves Income from Other Business of Rs. 0.02 Crore for the
provisional Truing-up of FY 2015-16.
5.13 Provisional Revenue Gap/ Surplus for FY 2015-16
RInfra-T’s submission
5.13.1 The provisional Revenue Gap of FY 2015-16 computed after comparing the revenue
received from InSTS and the ARR (net of Non-Tariff Income and Income from Other
Business) is shown in the Table below.
Table 56: Summary of provisional True-up for FY 2015-16, as submitted by RInfra-T
Particulars (Rs. Crore) Estimates MTR Order Difference
Operation &maintenance expenses 54.67 54.88 (0.20)
Depreciation expenses 61.79 63.12 (1.33)
Interest on long term loans 70.70 72.83 (2.13)
Interest on working capital and on 5.39 4.96 0.43
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 74 of 118
Particulars (Rs. Crore) Estimates MTR Order Difference
consumer security deposits
Income Tax 29.09 1.01 28.08
Contribution to Contingency Reserves 3.59 3.57 0.02
Total revenue expenditure 225.23 200.37 24.86
Add: Return on equity capital 74.61 75.84 (1.23)
Aggregate Revenue Requirement 299.84 276.21 23.63
Less: Non-Tariff Income 2.96 37.65 (34.69)
Less: Income from Other Business 0.02 0.04 (0.01)
Aggregate Revenue Requirement from
Transmission Tariff 296.85 238.52 58.33
Revenue from intra-State Transmission
Charges 240.68 208.86 31.81
Cumulative Revenue Gap till FY 2013-14
inclusive of carrying cost 12.94 12.94 -
Revenue Gap / (surplus) for FY 2014-15 (51.33) (51.33) -
Impact of ATE Judgment in Appeal No.
139 of 2012 8.72 8.72 -
Revenue Gap / (surplus) 26.52 0.00 26.52
Commission’s Analysis and Ruling
5.13.2 Considering RInfra-T’s submissions and the Commission’s analysis based on the MYT
Regulations, 2011, ATE Judgments and past Orders, the Commission has computed total
ARR and Revenue Gap/surplus for FY 2015-16 as detailed in the Table below.
Table 57: Summary of provisional True-up for FY 2015-16, as approved by Commission
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Operation &maintenance expenses 54.88 54.67 51.85
Depreciation expenses 63.12 61.79 61.18
Interest on long term loans 72.83 70.70 70.11
Interest on working capital and on consumer
security deposits 4.96 5.39 5.33
Income Tax 1.01 29.09 27.94
Contribution to Contingency Reserves 3.57 3.59 3.59
Total revenue expenditure 200.37 225.23 219.99
Add: Return on equity capital 75.84 74.61 74.21
Aggregate Revenue Requirement 276.21 299.84 294.20
Less: Non-Tariff Income 37.65 2.96 48.82
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 75 of 118
Particulars (Rs. Crore) MTR Order RInfra-T
submission
Approved in
this Order
Less: Income from Other Business 0.04 0.02 0.02
Aggregate Revenue Requirement from
Transmission Tariff 238.52 296.85 245.36
Revenue from intra-State Transmission
Charges 208.86 240.68 240.68
Cumulative Revenue Gap till FY 2013-14
inclusive of carrying cost 12.94 12.94 12.94
Revenue Gap / (surplus) for FY 2014-15 (51.33) (51.33) (21.32)
Impact of ATE Judgment in Appeal No. 139 of
2012 8.72 8.72 8.72
Revenue Gap / (surplus) 0.00 26.52 5.04
5.13.3 After provisional Truing-up of the various elements for FY 2015-16 as discussed in
earlier paragraphs, the ARR for FY 2015-16 works out to Rs. 294.20 Crore.
Considering the revenue from Transmission Charges of Rs. 240.68 Crore, Non-
Tariff Income of Rs. 48.82 Crore, Income from Other Business of Rs. 0.02 Crore,
the cumulative Revenue Gap till FY 2013-14 of Rs. 12.94 Crore, the Revenue
Surplus for FY 2014-15 of Rs. 21.32 Crore and the impact of ATE Judgment of Rs.
8.72 Crore, the Commission approves a cumulative Revenue Gap of Rs. 5.04 Crore
which is to be adjusted in the Tariff for subsequent years.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 76 of 118
6 MULTI YEAR TARIFF FOR FY 2016-17 TO FY 2019-20
6.1 Background
6.1.1 RInfra-T has submitted details of its projected expenses over the MYT 3rd
Control Period
under various heads, viz., O&M expenses, depreciation, interest on loans, IoWC, etc., as
per the formats prescribed. The Commission has carried out prudence check for approval
of expenditure for each of these items and the ARR of RInfra-T for the MYT 3rd
Control
Period in the following paragraphs.
6.2 Capital Expenditure and Capitalisation
RInfra-T’s submission
6.2.1 Certain schemes which were expected to be capitalized by FY 2015-16 were not
capitalized for various uncontrollable reasons. These are now proposed to be completed
in the 3rd
Control Period.
6.2.2 In the MTR Order dated 26 June, 2015, the Commission had directed as follows with
respect to such schemes.
“9.1.3. The Commission directs RInfra-T to take a fresh look at those capex
schemes which have been approved in-principle and were to be capitalized in the
Control Period but have failed to start even at this point, so as to assess whether
they need revision or are at all required from system point of view…”
6.2.3 RInfra-T submitted a review report on 30 September, 2015 and 5 April, 2016 with its
outlook on such schemes. The schemes that were part of this report were 220 kV Golibar
EHV Sub-station, 220 kV Airport EHV Sub-station, 220 kV Dahisar EHV Sub-station,
220 kV Nagari Niwara EHV Sub-station, HVDC scheme and the scheme for acquiring
land for construction of EHV Sub-stations.
6.2.4 The review report included details of the above schemes with the revised year of
commissioning and the works that are to be carried out under such schemes.
6.2.5 The capital investment plan for the 3rd
Control Period has been categorized into the
following groups.
Group A: DPR schemes already approved in-principle by the Commission.
Group B: DPR schemes pertaining to the 3rd
Control Period submitted to the
Commission for in-principle approval.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 77 of 118
Group C: DPR schemes previously approved by the Commission, but for which
revised DPRs will be submitted in due course with revision in cost and scope of work.
Group D: New DPR schemes to be submitted to the Commission for in-principle
approval in due course.
Non-DPR Schemes.
6.2.6 RInfra-T has provided details of each of the schemes under these categories and the
works that are expected to be carried out during the 3rd
Control Period.
6.2.7 RInfra-T has also projected the capitalisation under Non-DPR schemes.
6.2.8 The following Table shows the details of group-wise capitalisation projected for the 3rd
Control Period.
Table 58: Capitalisation for FY 2016-17 to FY 2019-20, as projected by RInfra-T
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Group A
220 kV cable link RInfra
Saki to TPC Saki 41.98
System Improvement scheme 30.45 24.15
Relocation of Transmission
Lines and towers in MBMC
area
2.27
220 kV Nagari Niwara EHV
Sub-station 311.31 39.48
Total 74.70 335.46 39.48
Group B
3rd
Transformer at Goregaon
EHV Sub-station 27.53 1.63
Capex schemes at RInfra 220
kV Versova EHV Sub-
station:
102.09 6.81
Total - 129.62 8.44 -
Group C
220 kV Golibar EHV Sub-
station 697.50 58.07
220 kV Dahisar EHV Sub-
station 384.95
Total 697.50 443.02
Group D
2nd
incoming feeder at
Chembur EHV Sub-station 68.43 7.43
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 78 of 118
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
3rd
Transformer at Borivali
EHV Sub-station 31.77
BKC 2nd
feed 250.76
System Improvement scheme
(Phase II) 3.24 13.35 40.04
Total 3.24 81.77 330.00
Non-DPR Schemes 11.27 20.00 20.00 20.00
Grand total 85.97 488.32 847.19 793.02
6.2.9 Although a 4-year capex plan has been prepared as per the MYT Regulations, 2015, there
is always some level of uncertainty with respect to capital expenditure. Capex is assessed
based on land availability, approvals from plot owners for construction of walls, statutory
approvals from authorities such as MCGM, Forest Department, MBMC, MHADA, etc.
However, considerable delays are faced in getting such permissions and approvals. These
lead to deferment of the capex originally planned, which is also evident from the past
experience.
6.2.10 The Commission may approve the proposed capex, and allow RInfra-T to submit the
DPRs only for those schemes for which project activities are required to be initiated in
the next 1-2 years. The DPRs will be submitted for in-principle approval based on actual
status of execution of previously approved schemes and after revisiting the need and
feasibility of execution for the remaining schemes.
Commission’s Analysis and Ruling
6.2.11 The Commission has analysed the schemes proposed to be executed by RInfra-T in the
3rd
Control Period.
6.2.12 In the MYT Order in Case No. 141 of 2012, for the 2nd
Control Period the Commission
had approved capitalisation in line with the submission of RInfra-T, as shown in the
Table below.
Table 59: Capitalisation for FY 2012-13 to FY 2015-16, as approved by Commission in last
MYT Order
Particulars (Rs. Crore) FY
2012-13
FY
2013-14
FY
2014-15
FY
2015-16
Total capitalisation (excluding IDC) 428.86 242.01 228.56 698.73
IDC 20.54 4.29 14.05 42.35
Total capitalisation(including IDC) 449.40 246.29 242.61 741.08
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 79 of 118
6.2.13 The actual capitalisation approved by the Commission for FY 2012-13 and FY 2013-14
in the subsequent MTR Order dated 26 June, 2015 in Case No. 221 of 2014 and approved
for FY 2014-15 and FY 2015-16 in the present Order is as shown in Table below:
Table 60: Comparison of Capitalisation approved for FY 2012-13 to FY 2015-16 – Original
vis-à-vis revised approval
Particulars (Rs. Crore) FY
2012-13
FY
2013-14
FY
2014-15
FY
2015-16
Originally approved in MYT Order 449.40 246.29 242.61 741.08
Revised approval in MTR Order 400.77 52.06 26.45 134.28
Approved in this Order - - 34.60 50.09*
*Capitalisation provisionally approved based on provisional unaudited figures provided by
RInfra-T in this Order.
6.2.14 It is evident from the above Tables that RInfra-T has in the past been unable to complete
the capital expenditure proposed during the respective years of the 2nd
Control Period.
This has led to substantial time over-runs in the projects.
6.2.15 Schemes such as 220 kV Nagari Niwara EHV Sub-station, 220 kV Golibar EHV Sub-
station and 220 kV Dahisar EHV Sub-station, which were proposed during the 2nd
Control Period have again been proposed in the 3rd
Control Period, with revised cost
estimates and scope of work. RInfra-T neither initiated these schemes nor incurred any
expenditure during the 2nd
Control Period.
6.2.16 The Commission notes RInfra-T’s submission of some uncertainty regarding timely
approvals from authorities such as MCGM, Forest Department, MBMC, MHADA, etc.,
which may affect the timely completion of works in the manner proposed.
6.2.17 In the light of the above, the various schemes proposed by RInfra-T in the 3rd
Control
Period have been assessed so as to consider only a realistic quantum of capital
expenditure and capitalization for projection in the ARR of the 3rd
Control Period. Each
scheme is evaluated based on the factual situation, the present status, various
uncontrollable delay factors and the past performance of execution of schemes by RInfra-
T. The following methodology has been followed while approving capitalisation for the
3rd
Control Period.
Table 61: Methodology for approving Capitalisation for FY 2016-17 to FY 2019-20
Scheme Categorisation Commission Ruling
Group A
Schemes
Schemes which are already
approved in principle by the
Commission
The Commission has considered such
schemes while approving capitalisation for
the 3rd
Control Period, except the 220 kV
Nagari Niwara EHV Sub-station
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 80 of 118
Scheme Categorisation Commission Ruling
Group B
Schemes
Schemes which are
submitted to the
Commission for in principle
approval
The Commission has considered all such
schemes out of these which have been
approved before the issue of this Order
Group C
Schemes
Earlier approved Schemes
for which revised DPRs are
yet to be submitted to the
Commission for in principle
approval
The Commission has not considered such
schemes for the 3rd
Control Period. After
review of all such schemes, the
Commission, vide its letter dated 2 May,
2016 has cancelled the earlier in principle
approval of these schemes, and no revised
proposals have been received so far.
Group D
Schemes
New schemes for which
DPR is to be submitted to
the Commission for in
principle approval
The Commission has not considered such
schemes for the 3rd
Control Period. The
Commission may take a view on these
schemes after in principle approval and due
recommendation from STU.
Group A Schemes:
6.2.18 RInfra-T has proposed 4 such schemes, namely 220 kV cable link from RInfra Saki to
TPC Saki, System Improvement scheme, relocation of Transmission Lines and towers in
MBMC area and 220 kV Nagari Niwara EHV Sub-station.
6.2.19 The System Improvement scheme has been approved in principle by the Commission and
work is in progress. The capitalisation claimed by RInfra-T is within the approved DPR
cost.
6.2.20 As regards relocation of Transmission Lines and towers in the MBMC area, there is a
slight cost over-run as compared to the DPR cost. The Commission approves the
capitalisation of this scheme in the 3rd
Control Period subject to prudence check at the
time of MTR.
6.2.21 Vide Order dated 14 March, 2016 in Case No. 24 of 2015, the Commission amended
RInfra-T’s Transmission Licence to include the 220 kV cable link from RInfra 220 kV
Saki Sub-station to TPC-T220 kV Saki Sub-station. Considering this, the Commission
approves the proposed capitalisation of this scheme in the 3rd
Control Period as sought by
RInfra-T.
6.2.22 The Commission has not considered the capitalisation proposed for the 220 kV Nagari
Niwara EHV Sub-station scheme for the following reasons.
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MERC Order - Case No. 13 of 2016 Page 81 of 118
220 kV Nagari Niwara EHV Sub-station
6.2.23 The Commission had initially given DPR approval of Rs. 460.59 Crore for this scheme. It
was proposed to be started during FY 2012-13 and be completed by FY 2015-16, as per
the DPR. However, the total capital expenditure incurred till date is Rs. 58.84 Crore
according to RInfra-T. The original scope of work included installation of Transmission
Line and Sub-station, but the Sub-station portion has now been dropped by RInfra-T.
6.2.24 The Commission had sought details of the current status of the scheme. In its response
dated 5 April, 2016, RInfra-T stated that the scheme consists of two parts, i.e., laying of
220 kV cable and erection of 220 kV Sub-station. RInfra-T is executing the cable portion
of the DPR between RInfra-T Aarey Sub-station and MSETCL Borivali Sub-station. The
Sub-station part of the DPR is not being taken up at this stage by RInfra-T, as MSETCL
has proposed 220 kV Film City EHV Sub-station in the same area catering to the RInfra-
D and Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) load around the
Goregaon East/Film City area, as per the STU plan. RInfra-T has proposed for the
withdrawal of the Sub-station component, and the land at Film City has been allocated by
Government of Maharashtra to MSETCL.
6.2.25 Since MSETCL has proposed an EHV Sub-station in the same area catering to the
RInfra-D and MSEDCL load around Goregaon East/Film City as per the STU plan, the
question arises as to whether it is necessary for RInfra-T to construct the Line portion
separately under the Nagari Niwara Scheme.
6.2.26 The 220 kV Borivali-Aarey Tie Line may also get overloaded due to the additional load
envisaged in future in this area. This issue of overloading could be resolved at the time of
construction of the MSETCL Film City Sub-station.
6.2.27 The Commission is of the view that the cost-benefit of construction of only the
Transmission Line needs to be analysed before approving such capital expenditure.
Considering the above facts and analysis, vide letter dated 2 May, 2016 the Commission
has cancelled the scope of Sub-station work and asked RInfra-T to seek revised approval
of the cable portion along with the STU recommendation. Hence, the Commission has
not considered any capitalisation against this scheme in the 3rd
Control Period as there
would be a change in the scope of work and cost in the revised proposal. The
Commission may take a view after the revised DPR is received.
Group B Schemes:
6.2.28 RInfra-T has proposed two schemes, namely installation of 3rd
Transformer at Goregaon
EHV Sub-station and 220 kV Bays extension at Versova EHV Sub-station. The
Commission has approved both in principle, hence capitalisation against these schemes is
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 82 of 118
considered as approved by the Commission. The following are the details of the schemes
approved by the Commission.
a) Vide letter dated 17 March, 2016, the Commission has approved the DPR for the 3rd
Transformer at Goregaon EHV Sub-station of RInfra-T at a cost of Rs. 28.72 Crore.
Accordingly, the Commission has considered it for capitalisation.
b) Vide letter dated 10 May, 2016, the Commission has approved DPR of 220 kV Bays
extension at Versova EHV Sub-station. As against the DPR cost of Rs. 108.90 Crore
proposed, the Commission has approved Rs. 80.35 Crore. As the proposed Bays are not
part of the Transmission Licence of RInfra-T, the Commission has approved this DPR
subject to amendment of the Licence, for which RInfra-T is expected to file its Petition.
Accordingly, the Commission has considered revised phasing of capitalisation for the 3rd
Control Period.
Group C Schemes:
6.2.29 RInfra-T has proposed two schemes, namely 220 kV Golibar EHV Sub-station and 220
kV Dahisar EHV Sub-station. The Commission has evaluated their status as below.
220 kV Golibar EHV Sub-station
6.2.30 The Commission had approved a cost of Rs. 215.42 Crore in the original DPR, with the
project starting in FY 2011-12 and ending in FY 2013-14. RInfra-T has stated that it has
not incurred any capital expenditure so far, and a revised DPR was proposed to be
submitted. The Commission had sought the current status of this scheme, to which
RInfra-T responded at the TVS and in its letter dated 5 April, 2016 that the project
activities are yet to be initiated due to non-availability of land. Land allocation at BKC is
being pursued with authorities such as MMRDA, Urban Development Department,
Energy Department, MCGM, STU, etc., but land allocation is awaited from MMRDA. A
revised DPR with time lines and cost is being prepared and would be submitted for in-
principle approval after land is allocated.
6.2.31 As RInfra-T has not initiated any activity and there is no concrete plan as yet as the basic
requirement of land is yet to be met. Consequently, the Commission, vide its letter dated
2 May, 2016, has cancelled the scheme. Hence, the Commission has not considered any
capitalisation against this scheme for the 3rd
Control Period.
220 kV Dahisar EHV Sub-station
6.2.32 The Commission had approved a cost of Rs. 195.94 Crore in the original DPR, with the
project starting in FY 2009-10 and ending in FY 2010-11. The capital expenditure
incurred till date is Rs. 0.95 Crore, as stated by RInfra-T, and a revised DPR is proposed
to be submitted. As regards the current status of the scheme sought by the Commission,
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 83 of 118
RInfra-T stated that reservation of land by MCGM is awaited; that RInfra-T is exploring
various options for land for erection of the Sub-station; and that a revised DPR with time
lines and cost is being prepared and would be submitted to the Commission for in-
principle approval after land is allocated.
6.2.33 Considering these facts, the Commission vide its letter dated 2 May, 2016 has cancelled
the scheme of 220 kV Dahisar EHV Sub-station, and has hence not considered any
capitalisation against this scheme for the 3rd
Control Period.
Group D Schemes:
6.2.34 RInfra-T has proposed a second incoming feeder for Chembur EHV Sub-station,
installation of 3rd
Transformer at Borivali EHV Sub-station, 2nd
feeder to Golibar (BKC)
EHV Sub-station and the System Improvement Scheme (Phase II).
6.2.35 Recently, vide letter dated 9 May, 2016, RInfra-T has submitted the DPR for installation
of a 3rd
Transformer at Borivali Sub-station at Rs. 36.12 Crore, and proposed
capitalisation against it from FY 2019-20 to FY 2021-22. In the absence of approval and
phasing of expenditure at the end of the 3rd
Control Period, the Commission has not
considered capitalisation against this scheme. This may be looked at again at the time of
the MTR.
6.2.36 Since the DPR for the other schemes are yet to be submitted and they have not so far
been recommended by the STU, the Commission has not considered their capitalisation
for the 3rd
Control Period. The Commission would take a view on these schemes after
submission of the DPRs along with STU recommendations.
6.2.37 Based on RInfra-T’s submission, the Commission has not considered any retirement of
assets in the 3rd
Control Period.
6.2.38 The Commission has considered the Non-DPR capitalisation as that for FY 2016-17 and
FY 2017-18 submitted by RInfra-T, as for both the years it is well within the limits of
20% of the approved DPR capitalisation. However, the Commission has capped the Non-
DPR capitalisation for FY 2018-19 to 20% of the total DPR capitalisation approved.
Since no DPR schemes are approved for FY 2019-20, no Non-DPR schemes are
considered either. The position will be reviewed at the stage of MTR.
6.2.39 The following Table shows the capitalisation approved by the Commission for the MYT
3rd
Control Period as discussed above.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 84 of 118
Table 62: Capitalisation for FY 2016-17 to FY 2019-20, approved by Commission
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Group A
220 kV cable link RInfra
Saki to TPC Saki 41.98
System Improvement scheme 30.45 24.15
Relocation of Transmission
Lines and towers at MBMC
area
2.27
Total 74.70 24.15
Group B
Installation of 3rd
Transformer at Goregaon
EHV Sub-station 27.53 1.19
220 kV Bays extension at
Versova EHV Sub-station 71.74 8.61
Non-DPR Schemes 11.27 20.00 1.96
Total Capitalisation 85.97 143.42 11.76
6.2.40 The Commission approves Capitalisation of Rs. 85.97 Crore for FY 2016-17, Rs.
143.42 Crore for FY 2017-18 and Rs. 11.76 Crore for FY 2018-19. The Commission
has not approved any capitalisation for FY 2019-20.
6.2.41 RInfra-T should complete all the schemes approved by the Commission for the 3rd
Control Period within the stipulated time so that the assets are put to use for the
benefit of the consumer. No capitalisation shall be claimed against assets which are
unutilised.
6.3 Interest on Long Term Loans
RInfra-T’s submission
6.3.1 No fresh loans are contracted for any of the schemes proposed to be carried out in the 3rd
Control Period. In case actual borrowings are made during the Period, the details would
be submitted at the time of the subsequent Petition(s).
6.3.2 RInfra-T has considered the opening normative loan balance for FY 2016-17 as equal to
the closing loan balance of FY 2015-16.
6.3.3 For the computation of weighted average interest rate applicable for each year of the 3rd
Control Period, RInfra-T has worked out its likely loan balance as on 1 April of each
respective year. That has been worked out considering the actual cumulative repayments
up to 31 March of each year as per the loan repayment schedules of various Banks.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 85 of 118
6.3.4 The weighted average interest rate is then worked out using the interest rates of different
banks and the outstanding actual loan balances as on 1 April of each year of the MYT 3rd
Control Period.
6.3.5 After considering the loan repayments, no actual loan balance is expected in FY 2019-20.
The weighted average interest rate as applicable for FY 2018-19 is considered for FY
2019-20 in view of the 2nd
proviso to Regulation 29.5 of the MYT Regulations, 2015.
The interest rate so determined is then applied to the normative loan balance (after
considering depreciation equivalent repayment) to determine the interest chargeable to
the ARR, in accordance with the Regulations.
6.3.6 No retirement of assets is proposed in the 3rd
Control Period, and details of IDC
computation and project-wise work-in-progress have been provided.
Table 63: Interest on Long Term Loans for FY 2016-17 to FY 2019-20, as submitted by
RInfra-T
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Opening balance of loan 584.00 577.88 838.86 1320.75
Loan addition – equivalent
to 70% of proposed
capitalisation
60.18 341.82 593.03 555.11
Loan repayment (equal to
depreciation claimed) 66.30 80.85 111.14 148.70
Closing balance of loan 577.88 838.86 1320.75 1727.16
Average loan balance 580.94 708.37 1079.81 1523.96
Interest rate (%) 11.43% 11.47% 11.50% 11.50%
Interest amount claimed
in ARR 66.38 81.22 124.18 175.26
Commission’s Analysis and Ruling
6.3.7 Regulation 29 of the MYT Regulations, 2015 states that:
“29.1 The loans arrived at in the manner indicated in Regulation 26 on the assets put
to use shall be considered as gross normative loan for calculation of interest on loan:
Provided that in case of retirement or replacement or de-capitalization of assets,
the loan capital approved as mentioned above, shall be reduced to the extent of
outstanding loan component of the original cost of such assets based on documentary
evidence
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 86 of 118
29.2 The normative loan outstanding as on April 1, 2016, shall be worked out by
deducting the cumulative repayment as admitted by the Commission up to March 31,
2016, from the gross normative loan.
29.3 The repayment during each year of the Control Period from FY 2016-17 to FY
2019-20 shall be deemed to be equal to the depreciation allowed for that year.
29.4 Notwithstanding any moratorium period availed, the repayment of loan shall be
considered from the first year of commercial operation of the Scheme and shall be
equal to the annual depreciation allowed...”
6.3.8 Accordingly, the Commission has considered normative opening loans for FY 2016-17
based on the closing normative loans for FY 2015-16 approved by the Commission in
this Order.
6.3.9 Since FY 2015-16 was over, the Commission had asked for the actual closing balance of
loans and repayments as on 31 March, 2016 along with the unaudited actual interest paid
during the year. RInfra-T replied that it has been able to refinance all its existing loans at
a much lower rate of interest since it had been in talks with the financial institutions for a
long time. The refinanced loans are from State Bank of India, South Indian Bank and
State Bank of Hyderabad. The rest of the loans stand repaid as at the end of FY 2015-16.
This was done to make the repayments of these loans equal to the depreciation allowed as
per the Regulations and reduce the rate of interest.
6.3.10 The following Table shows the closing balance of loans for FY 2015-16 as submitted by
RInfra-T.
Table 64: Opening and closing Loan Balance for FY 2015-16, as submitted by RInfra-T
Name of Bank
Opening
Balance for FY
2015-16
(Rs. Crore)
Addition (70%
of the debt) (Rs.
Crore)
Repayment
equivalent to
depreciation
(Rs. Crore)
Closing Balance
for FY 2015-16
(Rs. Crore)
Bank of
Maharashtra 191.98 19.01 172.97
State Bank of
Hyderabad 70.56 6.99 63.57
Corporation Bank 81.30 8.05 73.25
South India Bank 229.77 22.75 207.02
Normative Loans 26.73 35.06 4.38 57.41
Total 600.34 35.06 61.18 574.22
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 87 of 118
6.3.11 RInfra-T stated that there is only a marginal difference of Rs. 1.87 Crore between the
total amount of loan swapped and refinanced as at the end of FY 2015-16 and the
outstanding regulatory balance, which may be considered as normative loan.
6.3.12 The Commission has considered the opening balance of loan for FY 2016-17 as equal to
the closing balance approved in the provisional True-up for FY 2015-16 in this Order.
Loan additions are considered as equal to 70% of the capitalisation approved in para 6.2
for each year of the 3rd
Control Period from FY 2016-17 to FY 2019-20. The repayments
have been taken as equal to the depreciation approved in this Order.
6.3.13 The Commission has not considered any retirement of assets during the 3rd
Control
Period, in line with the submissions of RInfra-T.
6.3.14 With regard to computation of interest rate for the 3rd
Control Period, the MYT
Regulations, 2015 provide that:
“29.5 The rate of interest shall be the weighted average rate of interest computed on
the basis of the actual loan portfolio at the beginning of each year:
Provided that at the time of Truing-up, the weighted average rate of interest
computed on the basis of the actual loan portfolio during the concerned year shall be
considered as the rate of interest;…”
6.3.15 The Commission has considered the weighted average interest rate based on the actual
loan portfolio presented by RInfra-T in its revised submission. The following Table
shows the computation of weighted average interest rate for the 3rd
Control Period based
on the actual loan portfolio of RInfra-T after refinancing.
Table 65: Weighted Average Interest Rate for FY 2016-17 to FY 2019-20, as approved by
Commission
Name of Bank
Opening Balance
for FY 2016-17
after refinancing
(Rs. Crore)
Interest rate at the
beginning of FY
2016-17 after
refinancing
State Bank of Hyderabad 87.89 11.00%
South India Bank 131.86 11.00%
State Bank of India 352.60 11.00%
Total 572.35
Weighted Average Interest Rate 11.00%
6.3.16 The Commission has considered the weighted average interest rate of 11.00%, arrived at
for FY 2016-17, for each subsequent year of the 3rd
Control Period.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 88 of 118
6.3.17 The Commission has applied the weighted average interest rate on the average of opening
and closing loan balance to arrive at the interest expenses for the 3rd
Control Period.
6.3.18 The following Table shows the interest expenses approved by the Commission for the 3rd
Control Period.
Table 66: Interest on Long Term Loans for FY 2016-17 to FY 2019-20, as approved by
Commission
Particulars (Rs. Crore) FY 2016-
17
FY 2017-
18
FY 2018-
19
FY
2019-20
Opening balance of loan 574.22 568.93 598.03 530.93
Loan addition – equivalent to 70% of approved
capitalisation 60.18 100.39 8.23 -
Loan repayment (equal to depreciation approved) 65.47 71.29 75.32 75.58
Closing balance of loan 568.93 598.03 530.93 455.35
Average loan balance 571.57 583.48 564.48 493.14
Interest rate (%) 11.00% 11.00% 11.00% 11.00%
Interest amount approved in ARR 62.87 64.18 62.09 54.25
6.3.19 The Commission approves Interest on Long Term Loans of Rs 62.87 Crore for FY
2016-17, Rs. 64.18 Crore for FY 2017-18, Rs. 62.09 Crore for FY 2018-19 and Rs.
54.25 Crore for FY 2019-20.
6.4 Depreciation
RInfra-T’s submission
6.4.1 The opening GFA for FY 2016-17 is taken as equal to the closing GFA of FY 2015-16.
No retirement of assets is proposed in the 3rd
Control Period and no consequential
treatment is provided in the depreciation.
6.4.2 Regulation 27 of the MYT Regulations, 2015 states that the depreciation rates specified
shall apply to assets for depreciation up to 70% of original cost. The remaining
depreciable value of the assets as on 31 March of the relevant year shall be spread over
the balance useful life of the asset.
6.4.3 Asset addition during each financial year of the 3rd
Control Period, after excluding land
cost which is specifically attributable to land assets, is considered in the same proportion
as the opening GFA of each year. The interest chargeable to capital works (IDC) is
charged only to building and plant and machinery in the proportion of their opening
GFA.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 89 of 118
6.4.4 Depreciation is worked for each year based on assets, depreciated up to the limit of 70%.
In case the asset reaches 70% of the depreciation, the balance depreciable value is spread
over the balance useful life of such asset.
6.4.5 Assets which are added in H2 of FY 2015-16 and in the 3rd
Control Period will not reach
70% depreciation in the 3rd
Control Period. Accordingly, depreciation is determined by
simply applying the depreciation rates for asset classes as specified in the MYT
Regulations, 2015. On assets added during a year, depreciation for half of the year is
computed, considering mid-year addition.
6.4.6 Depreciation has not been claimed beyond 90% of the asset value.
6.4.7 The following Table shows the depreciation claimed by RInfra-T.
Table 67: Depreciation for FY 2016-17 to FY 2019-20, as submitted by RInfra-T
Particulars
(Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Opening GFA 1499.41 1585.38 2073.70 2920.89
Closing GFA 1585.38 2073.70 2920.89 3713.91
Depreciation 66.30 80.85 111.14 148.70
Commission’s Analysis and Ruling
6.4.8 Regulation 27 of the MYT Regulations, 2015 provides for determination of depreciation
for the 3rd
Control Period as follows:
“27.1 The Generating Company, Licensee, and MSLDC shall be permitted to recover
depreciation on the value of fixed assets used in their respective Businesses,
computed in the following manner :
(a) The approved original cost of the fixed assets shall be the value base for
calculation of depreciation:
Provided that the depreciation shall be allowed on the entire capitalized amount of
the new assets after reducing the approved original cost of the retired or replaced or
decapitalised assets.
(b) Depreciation shall be computed annually based on the straight line method at the
rates specified in the Annexure I to these Regulations:
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 90 of 118
Provided that the Generating Company or Licensee or MSLDC shall ensure that
once the individual asset is depreciated to the extent of seventy percent, remaining
depreciable value as on 31st March of the year closing shall be spread over the
balance Useful Life of the asset including the Extended Life, as provided in this
Regulation.”
6.4.9 Thus, depreciation is to be claimed on the original cost of fixed assets on straight line
basis in line with the rates specified in the Regulations.
6.4.10 The Commission has considered the opening GFA of FY 2016-17 as equal to the closing
GFA of FY 2015-16 arrived at in this Order. The addition to GFA for each year of the 3rd
Control Period has been taken as equal to the capitalisation approved by the Commission
in para 6.2 of this Order. The Commission has also not considered any retirements of
assets, in line with the submissions of RInfra-T.
6.4.11 The Commission has worked out depreciation on each of the asset classes in line with the
deprecation rates specified in the Regulations. The following Table shows the
deprecation approved by the Commission for the 3rd
Control Period.
Table 68: Depreciation for FY 2016-17 to FY 2019-20, as approved by Commission
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Opening Gross Fixed Assets 1,482.54 1,568.51 1,711.93 1,723.69
Addition of Gross Fixed Assets 85.97 143.42 11.76 -
Asset Retirement - - - -
Closing Gross Fixed Assets 1,568.51 1,711.93 1,723.69 1,723.69
Depreciation 65.47 71.29 75.32 75.58
6.4.12 The Commission approves Depreciation of Rs. 65.47 Crore for FY 2016-17, Rs.
71.29 Crore for FY 2017-18, Rs. 75.32 Crore for FY 2018-19 and Rs. 75.58 Crore for
FY 2019-20.
6.5 Return on Equity
RInfra-T’s submission
6.5.1 RInfra-T has considered the opening regulatory equity for FY 2016-17 as equal to the
closing regulatory equity of FY 2015-16. For each financial year of the 3rd
Control
Period, RoE is computed based on Regulation 28 of the MYT Regulations, 2015, i.e.,
15.5% on the equity capital at the beginning of the year plus 50% of the equity portion
for the assets capitalized during the year.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 91 of 118
6.5.2 There has been no retirement of assets proposed and no consequential treatment is
provided in the equity balance.
Table 69: Return on Equity for FY 2016-17 to FY 2019-20, as submitted by RInfra-T
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Regulatory equity at the
beginning of the year 491.09 516.88 663.38 917.54
Equity portion of
expenditure capitalized 25.79 146.50 254.16 237.90
Equity portion of asset
retired during the year - - - -
Regulatory equity at the end
of the year 516.88 663.38 917.54 1,155.44
Return computation
RoE at the beginning of the
year 76.12 80.12 102.82 142.22
RoE on capitalisation during
the year 2.00 11.35 19.70 18.44
Total return on equity 78.12 91.47 122.52 160.66
Commission’s Analysis and Ruling
6.5.3 Regulation 28 of the MYT Regulations, 2015 provides for determination of Return on
Equity for the 3rd
Control Period as follows:
“28.1 Return on equity for a Generating Company shall be allowed on the equity
capital determined in accordance with Regulation 26 for the assets put to use, at the
rate of 15.5 per cent per annum in Indian Rupee terms.
28.2 Return on equity for the Transmission Licensee, Distribution Wires Business and
MSLDC shall be allowed on the equity capital determined in accordance with
Regulation 26 for the assets put to use, at the rate of 15.5 per cent per annum in
Indian Rupee terms, and for the Retail Supply Business, Return on equity capital shall
be allowed on the amount of equity capital determined in accordance with Regulation
26 at the rate of 17.5 per cent per annum in Indian Rupee terms.
28.3 The return on equity shall be computed in the following manner:—
(a) Return at the allowable rate as per this Regulation, applied on the amount of
equity capital at the commencement of the Year; plus
(b) Return at the allowable rate as per this Regulation, applied on 50 per cent of the
equity capital portion of the allowable capital cost, for the investments put to use in
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 92 of 118
Generation Business or Transmission Business or Distribution Business or MSLDC,
for such Year.
6.5.4 As specified in the above Regulations, RoE has been computed at 15.50 % on the
opening equity of the year and on 30% of the equity portion of the approved
capitalisation.
6.5.5 The Commission has considered the closing equity balance of FY 2015-16 as the opening
equity balance for FY 2016-17. The equity additions are 30% of the approved
capitalisation for each year of the 3rd
Control Period. No retirements are considered, and
consequently no impact of retirements on equity balances.
6.5.6 RInfra-T stated in reply to data gaps raised that retirements have not been projected as no
estimates are available. The effect in terms of writing off depreciation, reduction in
equity and loan balances, etc., will be accounted on an actual basis when it is presented
for Truing-up.
6.5.7 RoE has been computed at 15.50 % of the opening equity, in accordance with MYT
Regulations, 2015.
6.5.8 The following Table shows the RoE for the 3rd
Control Period as approved by the
Commission.
Table 70: Return on Equity for FY 2016-17 to FY 2019-20, as approved by Commission
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Regulatory equity at the
beginning of the year 485.99 511.79 554.81 558.34
Equity portion of expenditure
capitalized 25.79 43.03 3.53 -
Equity portion of asset
retired during the year - - - -
Regulatory equity at the end
of the year 511.79 554.81 558.34 558.34
Return computation
RoE at the beginning of the
year 75.33 79.33 86.00 86.54
RoE on capitalisation during
the year 2.00 3.33 0.27 -
Total return on equity 77.33 82.66 86.27 86.54
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 93 of 118
6.5.9 The Commission approves Return on Equity of Rs. 77.33 Crore for FY 2016-17, Rs.
82.66 Crore for FY 2017-18, Rs. 86.27 Crore for FY 2018-19 and Rs. 86.54 Crore for
FY 2019-20.
6.6 Operation and Maintenance Expenses
RInfra-T’s submission
6.6.1 In the past, RInfra-T has been claiming additional O&M expenses over and above the
norms specified in the MYT Regulations, 2011 as these expenses were not considered
while devising the norms in those Regulations.
6.6.2 While framing the MYT Regulations, 2015, the Commission had considered the actual
O&M expenses for FY 2011-12 to FY 2013-14, which included such additional O&M
expenses which were separately claimed. However, there were some anomalies, since
some of the expenses had not been included in those years, thus impacting the norms that
were finally specified in the MYT Regulations, 2015.
6.6.3 It is not clear if the current norms of O&M expenses for RInfra-T are fully normalized
with the actual O&M expenses. Any increase in land usage charges may be treated as
uncontrollable and should be allowed if they are beyond the normative O&M expenses.
Similarly, any charges that are to be paid to Public Works Department (PWD) for cable
laying should be allowed in future over and above the normative O&M expenses since
such charges were not faced in previous years.
6.6.4 However, in its Petition, RInfra-T has claimed O&M expenses in line with the MYT
Regulations, 2015 based on the Line ckt. Kms. and number of Bays added during each
year of the 3rd
Control Period.
6.6.5 The following Table shows the O&M expenses claimed by RInfra-T for the 3rd
Control
Period based on the norms.
Table 71: Summary of O&M Expenses for FY 2016-17 to FY 2019-20, as submitted by
RInfra-T
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Circuit km. Basis 3.19 3.45 3.84 4.26
Number of Bays basis 53.34 57.60 64.85 75.15
Total O&M expenses 56.52 61.05 68.70 79.41
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 94 of 118
Commission’s Analysis and Ruling
6.6.6 RInfra-T has questioned whether the O&M expenses used for preparing the revised
norms for the MYT Regulations, 2015, have been fully normalized with respect to
additional expenses over above the base O&M expenses claimed, and sought that any
increase in expenses on this account be treated as uncontrollable and allowed over and
above the normative O&M expenses.
6.6.7 The following Table shows the O&M expense norms for RInfra-T set out in the draft
MYT Regulations, 2015.
Table 72: Summary of O&M Expense norms in Draft MYT Regulations, 2015
Voltage level FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Rs. Lakh/ckt. km
>66 kV and <400 kV 0.50 0.52 0.55 0.57
Rs. Lakh/Bay
>66 kV and <400 kV 23.43 24.60 25.83 27.12
66kV and less 4.90 5.14 5.40 5.67
6.6.8 These norms were developed based on the actual O&M expenses of RInfra-T for the
period from FY 2011-12 to FY 2013-14, which also included the additional expenses
over and above the base O&M expenses.
6.6.9 In its comments on the draft Regulations, RInfra-T stated that all its additional expenses
were not covered in FY 2011-12 to FY 2013-14 and that there would be an anomaly in
case the norms are prepared based on the O&M expenses for these years.
6.6.10 The Commission considered RInfra-T’s comments and normalized the expenses for FY
2011-12 to FY 2013-14 accordingly. The Commission prepared the O&M expense norms
for RInfra-T in the final MYT Regulations based on these normalized expenses.
6.6.11 It will be seen that the O&M expense norms specified in the final MYT Regulations,
2015 are higher than in the draft Regulations. This also indicates that the additional O&M
expenses over and above the base O&M expenses have been considered.
6.6.12 The following Table shows the norms specified in the MYT Regulations, 2015 for
arriving at O&M expenses for the 3rd
Control Period for RInfra-T.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 95 of 118
Table 73: Summary of O&M Expense norms for FY 2016-17 to FY 2019-20
Voltage level FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Rs. Lakh/ckt. Km
>66 kV and <400 kV 0.59 0.62 0.65 0.68
Rs. Lakh/Bay
>66 kV and <400 kV 27.70 29.09 30.54 32.07
66kV and less 5.79 6.08 6.38 6.70
6.6.13 Accordingly, the Commission does not accept the plea of RInfra-T to provide any
escalation over and above the norms specified in the MYT Regulations, 2015.
6.6.14 The Commission has also considered the number of Bays and Transmission Line length
in ckt. Km. in accordance with the capitalisation approved for the 3rd
Control Period in
this Order.
6.6.15 The following Table shows the additions considered in the number of Bays and ckt. Km.
of Lines as submitted by RInfra-T and as approved by the Commission based on the
capitalization of schemes in the respective years.
Table 74: List of Ckt. Km. of Lines and number of Bays to be added in FY 2016-17 to FY
2019-20, as submitted by RInfra-T and as approved by Commission
Particulars FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
RInfra-T’s Submission
Transmission Lines (ckt.
Km.)
220 kV Cable link RInfra
Saki to TPC Saki 3.00
Capex Schemes at RInfra 220
kV Versova EHV Sub-station 1.00
220 kV Nagari Niwara
(Aarey-Borivali Cable) 30.00
Aarey BKC cable
connectivity 32.00
Chembur 2nd
Feeder 5.00
220 kV Dahisar EHV Sub-
station 13.00
BKC 2nd
Feeder 20.00
Number of Bays (Nos.)
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 96 of 118
Particulars FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
220 kV
Capex Schemes at RInfra 220
kV Versova EHV Sub-station 8.00
220 kV Golibar EHV Sub-
station 12.00
220 kV Dahisar EHV Sub-
station 12.00
BKC 2nd
Feeder 2.00
33 kV
3rd Transformer at Goregaon
EHV Sub-station 14.00
220 kV Golibar EHV Sub-
station 28.00
220 kV Dahisar EHV Sub-
station 28.00
3rd Transformer at Borivali
EHV Sub-station 14.00
System Improvement II 16.00
Approved by the Commission
Transmission Lines (ckt.
Km.)
220 kV Cable link RInfra
Saki to TPC Saki 3.00
Number of Bays
220 kV
Capex Schemes at RInfra 220
kV Versova EHV Sub-station 6.00
33 kV
3rd Transformer at Goregaon
EHV Sub-station 14.00
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 97 of 118
6.6.16 The scope of work in the approved DPR of 220 kV Versova EHV Sub-station is for
extension of the existing 220 kV bus for creation of 6 new Bays to connect the link Line
between RInfra-T Versova Sub-station and TPC-T Versova Sub-station. Considering this,
there is no scope for erection of a 1 km. Transmission Line, as claimed by RInfra-T.
Hence, the Commission has not considered the Transmission Line length of 1 km. for
calculation of normative O&M expenses.
6.6.17 In its DPR, RInfra-T has proposed 8 x 220 Bays, of which the Commission has approved
6. The Commission has disapproved 2 x 220 kV spare Bays proposed by RInfra-T but for
which there was no immediate requirement and which would have remained unutilised as
in other Sub-stations of RInfra-T.
6.6.18 The addition in ckt.km. Lines and number of Bays for other schemes as claimed by
RInfra-T are not considered as the Commission has not approved any capitalisation
against these schemes.
6.6.19 Based on the norms and the addition in Bays and ckt.km. Lines in the respective years,
the Commission has arrived at the following normative O&M expenses for the 3rd
Control Period.
Table 75: O&M Expenses for FY 2016-17 to FY 2019-20 approved by Commission
Particulars FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Average Line Length (ckt.km.) 540.16 541.66 541.66 541.66
O&M norms (Rs. Lakhs/ckt.km.) 0.59 0.62 0.65 0.68
O&M expenses on ckt. Km. basis
(Rs. Crore) 3.19 3.36 3.52 3.68
Average Number of 220 kV Bays 104 107 110 110
Average Number of 33kV Bays 366 373 380 380
Norms for 220 kV Bays (Rs.
Lakh/bay) 27.70 29.09 30.54 32.07
Norms for 33kV bays (Rs.
Lakh/bay) 5.79 6.08 6.38 6.70
O&M expenses on number of
Bays (Rs. Crore) 50.00 53.80 57.84 60.74
Total O&M Expenses (Rs.
Crore) 53.19 57.16 61.36 64.42
6.6.20 The Commission approves normative O&M Expenses of Rs. 53.19 Crore for FY
2016-17, Rs. 57.16 Crore for FY 2017-18, Rs. 61.36 Crore for FY 2018-19 and Rs.
64.42 Crore for FY 2019-20.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 98 of 118
6.7 Interest on Working Capital
RInfra-T’s submission
6.7.1 IoWC is computed for each year as per Regulation 31.2 of the MYT Regulations, 2015.
6.7.2 RInfra-T has considered the expected revenue from Transmission Charges as the same as
the projected ARR for each year of the 3rd
Control Period, inclusive of the resultant Gap /
surplus for FY 2014-15 and FY 2015-16 as considered in its Petition.
6.7.3 The Base Rate of SBI at the time of filing the present Petition was 9.30%, to which 150
basis points (1.50%) is added. The rate of 10.80% is considered for arriving at the IoWC.
6.7.4 The following Table shows the IoWC as submitted by RInfra-T.
Table 76: Interest on Working Capital for FY 2016-17 to FY 2019-20, as submitted by
RInfra-T
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Interest on Working Capital 6.95 7.00 9.15 12.08
Commission’s Analysis and Ruling
6.7.5 Regulation 31.2 of the MYT Regulations 2015 specifies the methodology for assessment
of working capital requirement by a Transmission Licensee:
“31.2 Transmission: — (a) The working capital requirement of the Transmission
Licensee shall cover:
(i) Operation and maintenance expenses for one month;
(ii) Maintenance spares at one per cent of the opening Gross Fixed Assets for
the Year; and
(iii) One and a half month equivalent of the expected revenue from
transmission charges at the prevailing Tariff;
minus
(iv) Amount held as security deposits in cash, if any, from Transmission
System Users.”
6.7.6 The Commission has approved O&M expenses for one month based on the normative
expenses approved in this Order for the 3rd
Control Period. The Commission has
considered maintenance spares as 1% of the GFA approved in this Order.
6.7.7 The Transmission Charges considered for arriving at the working capital requirement is
the ARR approved by the Commission for each year of the 3rd
Control Period in this
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 99 of 118
Order after considering the cumulative Revenue Gap of FY 2014-15 and FY 2015-16 as
approved in this Order and carrying cost on the Revenue Surplus of FY 2014-15.
6.7.8 The MYT Regulations, 2015 stipulate that the rate of IoWC shall be considered on
normative basis and shall be equal to the Base Rate plus 150 basis points:
“…(b) Rate of interest on working capital shall be on normative basis and shall
be equal to the Base Rate as on the date on which the Petition for determination
of Tariff is filed, plus 150 basis points…”
6.7.9 The Commission has accordingly considered the Base Rate as 9.30% and addition of 150
basis points, thereby considering the interest rate as 10.80% for each year of the 3rd
Control Period.
6.7.10 The following Table shows the IoWC approved by the Commission for the 3rd
Control
Period.
Table 77: Interest on Working Capital for FY 2016-17 to FY 2019-20, as approved by
Commission
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Operations and maintenance
expenses for one month 4.43 4.76 5.11 5.37
Maintenance spares @1% of the
opening GFA 14.83 15.69 17.12 17.24
One and a half month of the expected
revenue from Transmission Charges
at the prevailing Tariffs
36.60 38.77 40.02 39.42
Less: Amount of security deposit
from Transmission System Users - - - -
Total working capital requirement 55.86 59.22 62.25 62.02
Rate of interest (% p.a.) - SBI Base
Rate plus 150 basis points 10.80% 10.80% 10.80% 10.80%
Interest on working capital 6.03 6.40 6.72 6.70
6.7.11 The Commission approves Interest on Working Capital of Rs. 6.03 Crore for FY
2016-17, Rs. 6.40 Crore for FY 2017-18, Rs. 6.72 Crore for FY 2018-19 and Rs. 6.70
Crore for FY 2019-20.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 100 of 118
6.8 Contribution to Contingency Reserves
RInfra-T’s submission
6.8.1 Regulation 36.1 of the MYT Regulations, 2015 provides for contributions to Contingency
Reserves of a sum between 0.25 and 0.50 per cent of the original cost of fixed assets.
6.8.2 RInfra-T has considered the contribution to Contingency Reserves at 0.25% of the
original cost of fixed assets as on 1 April of each year of the 3rd
Control Period.
Table 78: Contribution to Contingency Reserves for FY 2016-17 to FY 2019-20, as
submitted by RInfra-T
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Contribution to Contingency
Reserves 3.75 3.96 5.18 7.30
Commission’s Analysis
6.8.3 Regulation 34 of the MYT Regulations, 2015 provides for contribution to Contingency
Reserves as follows.
“34.1 Where the Licensee has made a contribution to the Contingency Reserve, a
sum not less than 0.25 per cent and not more than 0.5 per cent of the original cost
of fixed assets shall be allowed annually towards such contribution in the
calculation of Aggregate Revenue Requirement:
Provided that where the amount of such Contingency Reserves exceeds
five (5) per cent of the original cost of fixed assets, no further contribution shall
be allowed;
Provided further that such contribution shall be invested in securities
authorized under the Indian Trusts Act, 1882 within a period of six months of the
close of the Year.”
6.8.4 Accordingly, the Commission has approved contribution to Contingency Reserves at
0.25% of the opening GFA approved in this Order for each year of the 3rd
Control Period.
6.8.5 The following Table shows the contribution to Contingency Reserves as approved by the
Commission for the 3rd
Control Period.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 101 of 118
Table 79: Contribution to Contingency Reserves for FY 2016-17 to FY 2019-20, as
approved by Commission
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Opening balance of
Contingency Reserves 20.33 24.04 27.96 32.24
Opening gross fixed assets 1,482.54 1,568.51 1,711.93 1,723.69
Opening balance of
Contingency Reserves as % of
opening GFA
1.37% 1.53% 1.63% 1.87%
Contribution to Contingency
Reserves during the year 3.71 3.92 4.28 4.31
Closing balance of
Contingency Reserves 24.04 27.96 32.24 36.55
6.8.6 The Commission approves Contribution to Contingency Reserves of Rs. 3.71 Crore
for FY 2016-17, Rs. 3.92 Crore for FY 2017-18, Rs. 4.28 Crore for FY 2018-19 and
Rs. 4.31 Crore for FY 2019-20.
6.9 Income Tax
RInfra-T’s submission
6.9.1 Regulation 33 of the MYT Regulations, 2015 provides for computation of Income Tax.
RInfra-T engages in both regulated and un-regulated businesses. In accordance with the
Regulations, the Income Tax has been provisionally considered, for each year of the 3rd
Control Period, at the same level as worked out for FY 2014-15 in its Petition.
6.9.2 The Income Tax projected by RInfra-T is as shown in the Table below.
Table 80: Income Tax for FY 2016-17 to FY 2019-20 3rd
Control Period, as submitted by
RInfra-T
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Income Tax 29.09 29.09 29.09 29.09
Commission’s Analysis and Ruling
6.9.3 Regulation 33 of the MYT Regulations, 2015 specifies the computation of Income Tax as
follows.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 102 of 118
“33.1 The Commission, in its MYT Order, shall provisionally approve Income Tax
payable for each year of the Control Period based on the actual Income Tax paid by
the Generating Company or Licensee or MSLDC, in case the Generating Company or
Licensee or MSLDC has not engaged in any other regulated or unregulated Business
or Other Business, as allowed by the Commission relating to the electricity Business
regulated by the Commission, as per latest available Audited Accounts, subject to
prudence check:
Provided that in case the Generating Company or Licensee or MSLDC has
engaged in any other regulated or unregulated Business or Other Business, and the
actual Income Tax paid by the Generating Company or Licensee or MSLDC has to be
allocated to the different Businesses, then the Income Tax shall be provisionally
allowed based on the Income Tax on the regulatory Profit Before Tax, as allowed by
the Commission relating to the electricity Business regulated by the Commission,
subject to prudence check…”
6.9.4 The Commission is of the view that it is not appropriate to re-assess Income Tax based on
projected expenses since these are normative. Hence, the Commission maintains the
Income Tax quantum as approved in the Truing-up of FY 2014-15 in this Order for the
3rd
Control Period.
Table 81: Income Tax for FY 2016-17 to FY 2019-20, as approved by Commission
Particulars
(Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Income Tax 27.94 27.94 27.94 27.94
6.9.5 The Commission approves Income Tax of Rs. 27.94 Crore for the 3rd
Control
Period.
6.10 Non-Tariff Income
RInfra-T’s submission
6.10.1 RInfra-T has submitted the major heads of Non-Tariff Income claimed for the 3rd
Control
Period.
6.10.2 RInfra-T has been getting income as interest on investment made for Contingency
Reserves. It has considered the average interest rate of the investments made in securities
approved by the Commission. Interest on such securities has been computed accordingly.
6.10.3 Income from RInfra-D on account of land usage charges will be revised in the next MYT
Control Period. The existing MoM is applicable till 31 March, 2016, and RInfra-T will
shortly enter into a similar arrangement with RInfra-D for land usage charges considering
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 103 of 118
revised Ready Reckoner rates. Such charges have accordingly been considered with an
escalation of 5% over the FY 2015-16 charges for the 3rd
Control Period.
6.10.4 Interest on staff loans and advances has been considered at the actuals for FY 2014-15.
6.10.5 Non-Tariff Income also includes realization of exchange loss, sale of scrap, rental
income, etc. No income has been projected against these for the 3rd
Control Period.
6.10.6 RInfra-T has claimed the following towards Non-Tariff Income.
Table 82: Non-Tariff Income for FY 2016-17 to FY 2019-20, as submitted by RInfra-T
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Non-Tariff Income 2.96 3.34 3.77 4.34
Commission’s Analysis and Ruling
6.10.7 The Commission has considered Non-Tariff Income as submitted by RInfra-T. Any
change with respect to Non-Tariff Income can be considered in the Truing-up of the
respective years.
6.10.8 The following Table shows the Non-Tariff Income approved by the Commission for the
MYT 3rd
Control Period.
Table 83: Non-Tariff Income for FY 2016-17 to FY 2019-20, as approved by Commission
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Non-Tariff Income 2.96 3.34 3.77 4.34
6.10.9 The Commission approves Non-Tariff Income of Rs. 2.96 Crore for FY 2016-17, Rs.
3.34 Crore for FY 2017-18, Rs. 3.77 Crore for FY 2018-19 and Rs. 4.34 Crore for FY
2019-20.
6.11 Income from Other Business
RInfra-T’s submission
6.11.1 Income from Other Business amounts to Rs. 0.11 Crore annually.
6.11.2 In accordance with Regulation 60 of the MYT Regulations, 2015, 2/3rd
of the amount
received after netting of Income Tax, i.e., Rs. 0.05 Crore is considered as Income from
Other Business for FY 2016-17. An enhancement of 25% is considered from FY 2017-18
onwards as per the rent agreement.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 104 of 118
Commission’s Analysis and Ruling
6.11.3 Regulation 60 of MYT Regulations, 2015 provides for treatment of Income from Other
Business as follows:
“60. Income from Other Business –
Where the Transmission Licensee has engaged in any Other Business under Section
41 of the Act for optimum utilization of its assets, an amount equal to two-3rds of the
revenues from such Other Business after deduction of all direct and indirect costs
attributed to such Other Business shall be deducted from the Aggregate Revenue
Requirement in calculating the Annual Transmission Charges of the Transmission
Licensee:
Provided that the Transmission Licensee shall follow a reasonable basis for
allocation of all joint and common costs between the Transmission Business and the
Other Business and shall submit the Allocation Statement, duly certified by the
Statutory Auditor, to the Commission along with its Petition for determination of
Aggregate Revenue Requirement;
Provided further that where the sum total of the direct and indirect costs of such
Other Business exceeds the revenues from such Other Business, no amount shall be
allowed to be added to the Aggregate Revenue Requirement of the Transmission
Licensee on account of such Other Business….”
6.11.4 In line with the above Regulation, the Commission approves Income from Other
Business for the 3rd
Control Period as shown in the following Table.
Table 84: Income from Other Business for FY 2016-17 to FY 2019-20, as approved by
Commission
Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Income from Other Business 0.05 0.06 0.06 0.06
6.11.5 The Commission approves Income from Other Business of Rs. 0.05 Crore for FY
2016-17, and Rs. 0.06 Crore for each subsequent year of the 3rd
Control Period.
6.12 Carrying/ Holding Cost on Revenue Gap / Surplus for FY 2014-15
RInfra-T’s submission
6.12.1 Carrying cost is claimed on the incremental Revenue Gap of FY 2014-15 on account of
the difference between the Gap approved by the Commission in the MTR Order and the
Truing-up Gap for FY 2014-15 as submitted by RInfra-T in this Petition.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 105 of 118
6.12.2 RInfra-T has considered the interest rate as approved in the MTR Order for FY 2014-15
and FY 2015-16. For FY 2016-17, the interest rate has been considered as per the MYT
Regulations, 2015.
6.12.3 The carrying cost has been claimed on simple interest basis as per the methodology
adopted by the Commission in the MTR Order. However, it has filed an Appeal before
the ATE for computation of carrying cost on compound interest basis.
6.12.4 The following Table shows the computation of carrying cost as submitted by RInfra-T.
Table 85: Carrying Cost on Gap of FY 2014-15, as submitted by RInfra-T
Particulars (Rs. Crore) FY 2014-15 FY 2015-16 FY 2016-17
Revenue Gap as per MTR Order -51.33 -23.22
Incremental Revenue Gap (after
excluding Availability incentive) 28.10
Total Revenue Gap -23.22
Carrying cost interest rate 14.50% 14.75% 10.80%
Revenue Gap as per MTR Order
-51.33
Carrying cost on above for half year -3.79
Opening balance - 28.10 -23.22
Addition during the year -23.22 -51.33 -
Closing balance -23.22 -23.22 -23.22
Carrying cost on opening 4.15 -1.25
Carrying cost on addition -1.68 -7.57 -
Carrying cost -1.68 -3.43 -1.25
Total carrying cost -6.36
Commission’s Analysis and Ruling
6.12.5 The Commission has worked out the holding cost on the Revenue Surplus of FY 2014-15
in line with the methodology adopted in the MTR Order while Truing-up for FY 2012-13
and FY 2013-14.
6.12.6 The Commission has considered the interest rate as the weighted average SBAR of the
respective years FY 2014-15 and FY 2015-16.
6.12.7 The Commission has considered the interest rate on the holding cost of FY 2014-15
during FY 2016-17 as specified in the MYT Regulations, 2015:
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 106 of 118
“The Commission shall allow Carrying Cost or Holding Cost, as the case may be,
on the admissible amounts, with simple interest, at the weighted average Base
Rate prevailing during the concerned Year, plus 150 basis points.”
6.12.8 In line with the Regulations, the Commission has considered the interest rate for FY
2016-17 as the Base Rate plus 150 basis points.
6.12.9 The Commission has not considered any carrying/holding cost on the Gap/(surplus) of
FY 2015-16 as it would be worked out at the time of Truing-up.
6.12.10 The Commission approves the holding cost on the Revenue Surplus of FY 2014-15 as
shown in the Table below.
Table 86: Holding Cost on Revenue Surplus of FY 2014-15, as approved by Commission
Particulars (Rs. Crore) FY 2014-15 FY 2015-16 FY 2016-17
Holding cost interest rate 14.75% 14.29% 10.80%
Opening balance - 21.32 21.32
Addition during the year 21.32 - -
Closing balance 21.32 21.32 21.32
Holding cost on Opening 3.05 1.15
Holding cost on addition 1.57 - -
Holding cost 1.57 3.05 1.15
Total Holding Cost 5.77
6.12.11The Commission approves Holding Cost of Rs. 5.77 Crore for FY 2014-15, to be
adjusted in the ARR for FY 2016-17.
6.13 ARR for FY 2016-17 to FY 2019-20
RInfra-T’s submission
6.13.1 RInfra-T has submitted the ARR for the 3rd Control Period based on the individual
elements described in the Petition.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 107 of 118
Table 87: ARR for FY 2016-17 to FY 2019-20, as submitted by RInfra-T
Sr.
No. Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
1 Operation & maintenance
expenses 56.52 61.05 68.70 79.41
2 Depreciation expenses 66.30 80.85 111.14 148.70
3 Interest on long term loans 66.38 81.22 124.18 175.26
4 Interest on working capital and
on consumer security deposits 6.95 7.00 9.15 12.08
5 Income Tax 29.09 29.09 29.09 29.09
6 Contribution to Contingency
Reserves 3.75 3.96 5.18 7.30
7 Total revenue expenditure 228.98 263.17 347.43 451.84
8 Add: Return on equity capital 78.12 91.47 122.52 160.66
9 Aggregate Revenue
Requirement 307.10 354.64 469.96 612.49
10 Less: Non-Tariff Income 2.96 3.34 3.77 4.34
11 Less: Income from Other
Business 0.05 0.06 0.06 0.06
12
Aggregate Revenue
Requirement from
Transmission
304.08 351.24 466.12 608.09
13 Revenue Gap / (surplus) for FY
2014-15 32.84 - - -
14 Carrying cost on FY 14-15 gap /
(surplus) -6.36 - - -
15 Provisional Revenue Gap /
(surplus) for FY 2015-16 26.52 - - -
16 Net ARR to be recovered from
Transmission Tariff 357.07 351.24 466.12 608.09
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 108 of 118
Commission’s Analysis and Ruling
6.13.2 The Commission approves the ARR for the 3rd Control Period as shown in the following
Table considering its rulings in earlier paragraphs of this Section.
Table 88: ARR for FY 2016-17 to FY 2019-20, as approved by Commission
Sr.
No. Particulars (Rs. Crore) FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
1 Operation & maintenance
expenses 53.19 57.16 61.36 64.42
2 Depreciation expenses 65.47 71.29 75.32 75.58
3 Interest on long term loans 62.87 64.18 62.09 54.25
4 Interest on working capital and
on consumer security deposits 6.03 6.40 6.72 6.70
5 Income Tax 27.94 27.94 27.94 27.94
6 Contribution to Contingency
Reserves 3.71 3.92 4.28 4.31
7 Total revenue expenditure 219.21 230.89 237.72 233.19
8 Add: Return on equity capital 77.33 82.66 86.27 86.54
9 Aggregate Revenue
Requirement 296.53 313.55 323.98 319.73
10 Less: Non-Tariff Income 2.96 3.34 3.77 4.34
11 Less: Income from Other
Business 0.05 0.06 0.06 0.06
12 Aggregate Revenue
Requirement from
Transmission Tariff
293.52 310.15 320.15 315.33
13 Carrying cost on FY 14-15 gap
/ (surplus) (5.77) - - -
14 Cumulative Revenue Gap /
(surplus) up to FY 2015-16 5.04 - - -
15 Net ARR to be recovered
from Transmission Tariff 292.79 310.15 320.15 315.33
6.13.3 The Commission approves total recovery of Rs. 292.79 Crore for FY 2016-17, Rs.
310.15 Crore for FY 2017-18, Rs. 320.15 Crore for FY 2018-19 and Rs. 315.33 Crore
for FY 2019-20 through Transmission Charges.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 109 of 118
7 DIRECTIVES IN MTR ORDER, AND COMPLIANCE STATUS
7.1 Background
7.1.1 In its MTR Order in Case No. 221 of 2014, the Commission had given certain directions,
the status of compliance of which was to be indicated in the present Petition. The
directives and their compliance by RInfra-T are set out below.
7.2 Timely Completion of Project
Directive
7.2.1 The Commission noted the poor performance of RInfra-T in commissioning capital
expenditure projects. RInfra-T does not seem to have taken a holistic approach towards
system augmentation, and there appears to be much scope for improvement in the manner
in which it plans and executes such projects. The Commission needs to be convinced that
the time over-run is on account of factors which are not within RInfra-T’s reasonable
control in order to consider the capitalisation as submitted by it. For this purpose, RInfra-
T should submit documentary evidence to conclusively show that the time and cost over-
runs were not controllable. The supporting documents should be submitted for each
scheme in respect of which significant time over-run has been reported on an aggregate
basis over the MYT period, before the end of the current Control Period. RInfra-T should
also submit the scheme-wise IDC at the time of True-up of FY 2014-15 and FY 2015-16.
7.2.2 RInfra-T should explain why the Commission should admit any capitalisation after the
cut-off date.
7.2.3 RInfra-T should take a fresh look at those capex schemes which have been approved in-
principle and were to be capitalized in the Control Period but have failed to start, so as to
assess whether they need revision or are at all required from the system point of view.
RInfra-T should submit its review report before commencement of any activity in these
schemes within three months and obtain its approval.
RInfra-T’s Response
7.2.4 Vide letter dated 18 January, 2016, RInfra-T submitted a report elaborating the reasons
for time over-run, including incurrence of expenditure beyond the cut-off date, with
supporting documents. It is a combined report for FY 2014-15 and FY 2015-16.
7.2.5 RInfra-T also submitted a review report vide letters dated 30 September, 2015 and 5
April, 2016 considering the outlook of schemes such as 220 kV Golibar EHV Sub-
station, 220 kV Airport EHV Sub-station and 220 kV Dahisar EHV Sub-station. The
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 110 of 118
review report also covered the 220 kV Nagari Niwara EHV Sub-station, HVDC scheme
and the scheme for acquiring land for construction of EHV Sub-stations, which have been
approved in principle by the Commission but could not be capitalised in the 2nd
Control
Period.
Commission’s Ruling
7.2.6 In this Order, the Commission has reviewed the schemes considering the report and other
submissions of RInfra-T.
7.2.7 RInfra-T should complete all the schemes approved by the Commission for the 3rd
Control Period within the stipulated time and ensure that the assets are put to use.
7.2.8 Capitalisation against assets which are unutilised will not be allowed.
7.2.9 Under Section 39 of the EA, 2003, the STU is to carry out the following among other
functions:
“ (2) The functions of the State Transmission Utility shall be –
…(b) to discharge all functions of planning and co-ordination relating to intra-
State transmission system with –
(i) Central Transmission Utility;…
(c) to ensure development of an efficient, co-ordinated and economical system
of intra State transmission lines for smooth flow of electricity from a generating
station to the load centres;…”
7.2.10 However, there are several instances of assets being created but remaining unutilised for
a long time, casting doubts on their credibility and prudency. Hence, the Commission
expects the STU to carry out detailed need-based analysis to ascertain the technical and
financial feasibility of the assets prior to its recommendation. The STU must also
regularly monitor the progress of execution by the Transmission Licensees of the
schemes it has recommended. Based on such monitoring, the Transmission Plan may be
require to be modified from time to time. Accordingly, the STU shall also revise its
recommendations to the Commission based on the contemporary requirements of the
Transmission System and endeavor to ensure that such instances of non-utilisation are
assets are minimized. The Commission’s Secretariat shall convey this to the STU.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 111 of 118
8 SUMMARY OF COMMISSION RULING
8.1 Impact of ATE Judgment
8.1.1 The Commission has not considered the potential impact of ATE Appeal No. 223 of 2015
at this stage as submitted by RInfra-T since the Appeal has yet to be decided.
8.2 True-up for FY 2014-15
8.2.1 The Commission approves actual Capitalisation of Rs. 34.60 Crore for FY 2014-15.
8.2.2 The Commission approves Interest on Long Term Loans of Rs. 73.74 Crore for the
Truing-up of FY 2014-15.
8.2.3 The Commission approves Depreciation of Rs. 59.57 Crore for the Truing-up of FY
2014-15.
8.2.4 The Commission approves Return on Equity of Rs. 72.29 Crore upon Truing-up for FY
2014-15.
8.2.5 The Commission approves actual base O&M Expenses of Rs. 40.81 Crore pertaining to
Employee, R&M and A&G expenses. The Commission also approves Corporate expense
allocation of Rs. 2.25 Crore, Energy Charges of Rs. 3.99 Crore, SCADA charges of Rs.
1.01 Crore and land usage charges of Rs. 3.68 Crore, in addition to the base O&M
Expenses, for the Truing-up of FY 2014-15.
8.2.6 The Commission approves Interest on Working Capital of Rs. 6.74 Crore for Truing-up
of FY 2014-15.
8.2.7 The Commission approves Contribution to Contingency Reserves of Rs. 3.50 Crore for
the Truing-up of FY 2014-15.
8.2.8 The Commission approves Income Tax of Rs. 27.94 Crore in the Truing-up for FY 2014-
15.
8.2.9 The Commission approves revenue from Transmission Charges of Rs. 317.42 Crore in
the Truing-up for FY 2014-15.
8.2.10 The Commission approves Non-Tariff Income of Rs. 2.55 Crore for the Truing-up of FY
2014-15.
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MERC Order - Case No. 13 of 2016 Page 112 of 118
8.2.11 The Commission approves Income from Other Business of Rs. 0.02 Crore in the Truing-
up for FY 2014-15.
8.2.12 The Commission approves Incentive on Availability of Rs. 4.70 Crore in the Truing-up
for FY 2014-15.
8.2.13 The Commission approves O&M Expenses of Rs. 50.19 Crore for FY 2014-15, after
sharing of efficiency losses, for the Truing-up of FY 2014-15.
8.2.14 After Truing-up of various elements for FY 2014-15, the ARR for FY 2014-15 works out
to Rs 293.97 Crore. Considering revenue of Rs 317.42 Crore from Transmission Charges,
Availability incentive of Rs 4.70 Crore, Non-Tariff Income of Rs. 2.55 Crore and Income
from Other Business of Rs. 0.02 Crore, the Commission approves a revenue surplus of
Rs. 21.32 Crore for FY 2014-15 for adjustment in the Tariff of subsequent years.
8.3 Provisional True-up for FY 2015-16
8.3.1 The Commission provisionally approves Capitalisation of Rs. 50.09 Crore, as presented
by RInfra-T in its revised submission, on which it will take a final view in the Truing-up
for FY 2015-16.
8.3.2 The Commission approves Interest on Long Term Loans of Rs. 70.11 Crore, as against
Rs. 70.70 Crore submitted by RInfra-T, for the provisional Truing-up of FY 2015-16.
8.3.3 The Commission approves Depreciation of Rs. 61.18 Crore, as against Rs. 61.79 Crore
proposed by RInfra-T, for the provisional Truing-up of FY 2015-16.
8.3.4 The Commission approves Return on Equity of Rs. 74.21 Crore, as against Rs. 74.61
Crore claimed by RInfra-T, for the provisional Truing-up of FY 2015-16.
8.3.5 The Commission approves the base normative O&M Expenses of Rs. 40.66 Crore
considering the norms specified in the MYT Regulations, 2011. The Commission also
approves Corporate expense allocation of Rs. 2.34 Crore, Energy Charges of Rs. 3.81
Crore, SCADA charges of Rs. 1.17 Crore and land usage charges of Rs. 3.86 Crore in
addition to the base normative O&M Expenses for the provisional Truing-up of FY 2015-
16.
8.3.6 The Commission approves Interest on Working Capital of Rs. 5.33 Crore, as against Rs.
5.39 Crore submitted by RInfra-T, for the provisional Truing-up of FY 2015-16.
8.3.7 The Commission approves Contribution to Contingency Reserves of Rs. 3.59 Crore for
the provisional Truing-up of FY 2015-16.
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MERC Order - Case No. 13 of 2016 Page 113 of 118
8.3.8 The Commission approves Income Tax of Rs. 27.94 Crore, as against Rs. 29.09 Crore
submitted by RInfra-T, for the provisional Truing-up of FY 2015-16.
8.3.9 The Commission approves revenue from Transmission Charges of Rs. 240.68 Crore for
the provisional Truing-up of FY 2015-16.
8.3.10 The Commission approves Non-Tariff Income of Rs. 48.82 Crore, as against Rs. 2.96
Crore submitted by RInfra-T, for the provisional Truing-up of FY 2015-16.
8.3.11 The Commission approves Income from Other Business of Rs. 0.02 Crore for the
provisional Truing-up of FY 2015-16.
8.3.12 After provisional Truing-up of the various elements for FY 2015-16 as discussed in
earlier paragraphs, the ARR for FY 2015-16 works out to Rs. 294.20 Crore. Considering
the revenue from Transmission Charges of Rs. 240.68 Crore, Non-Tariff Income of Rs.
48.82 Crore, Income from Other Business of Rs. 0.02 Crore, the cumulative Revenue
Gap till FY 2013-14 of Rs. 12.94 Crore, the Revenue Surplus for FY 2014-15 of Rs.
21.32 Crore and the impact of ATE Judgment of Rs. 8.72 Crore, the Commission
approves a cumulative Revenue Gap of Rs. 5.04 Crore which is to be adjusted in the
Tariff for subsequent years.
8.4 Multi Year Tariff for FY 2016-17 to FY 2019-20
8.4.1 The Commission approves Capitalisation of Rs. 85.97 Crore for FY 2016-17, Rs. 143.42
Crore for FY 2017-18 and Rs. 11.76 Crore for FY 2018-19. The Commission has not
approved any capitalisation for FY 2019-20.
8.4.2 The Commission Interest on Long Term Loans of Rs 62.87 Crore for FY 2016-17, Rs.
64.18 Crore for FY 2017-18, Rs. 62.09 Crore for FY 2018-19 and Rs. 54.25 Crore for FY
2019-20.
8.4.3 The Commission approves Depreciation of Rs. 65.47 Crore for FY 2016-17, Rs. 71.29
Crore for FY 2017-18, Rs. 75.32 Crore for FY 2018-19 and Rs. 75.58 Crore for FY 2019-
20.
8.4.4 The Commission approves Return on Equity of Rs. 77.33 Crore for FY 2016-17, Rs.
82.66 Crore for FY 2017-18, Rs. 86.27 Crore for FY 2018-19 and Rs. 86.54 Crore for FY
2019-20.
8.4.5 The Commission approves normative O&M Expenses of Rs. 53.19 Crore for FY 2016-17,
Rs. 57.16 Crore for FY 2017-18, Rs. 61.36 Crore for FY 2018-19 and Rs. 64.42 Crore for
FY 2019-20.
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MERC Order - Case No. 13 of 2016 Page 114 of 118
8.4.6 The Commission approves Interest on Working Capital of Rs. 6.03 Crore for FY 2016-
17, Rs. 6.40 Crore for FY 2017-18, Rs. 6.72 Crore for FY 2018-19 and Rs. 6.70 Crore for
FY 2019-20.
8.4.7 The Commission approves Contribution to Contingency Reserves of Rs. 3.71 Crore for
FY 2016-17, Rs. 3.92 Crore for FY 2017-18, Rs. 4.28 Crore for FY 2018-19 and Rs. 4.31
Crore for FY 2019-20.
8.4.8 The Commission approves Income Tax of Rs. 27.94 Crore for the 3rd
Control Period.
8.4.9 The Commission approves Non-Tariff Income of Rs. 2.96 Crore for FY 2016-17, Rs.
3.34 Crore for FY 2017-18, Rs. 3.77 Crore for FY 2018-19 and Rs. 4.34 Crore for FY
2019-20.
8.4.10 The Commission approves Income from Other Business of Rs. 0.05 Crore for FY 2016-
17, and Rs. 0.06 Crore for each subsequent year of the 3rd
Control Period.
8.4.11 The Commission approves Holding Cost of Rs. 5.77 Crore for FY 2014-15, to be
adjusted in the ARR for FY 2016-17.
8.4.12 Considering the above, the total recovery of ARR inclusive of all past recoveries and
associated holding costs as approved by the Commission through the Transmission
Charges for the MYT 3rd Control Period is as given in the Table below:
Table 89: Total recovery approved by Commission for MYT 3rd Control Period through
Transmission Charges (Rs Crore)
Particulars FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20
Aggregate Revenue Requirement from
Transmission Tariff 293.52 310.15 320.15 315.33
Holding cost on FY 14-15 gap / (surplus) (5.77) - - -
Cumulative Revenue Gap / (surplus) up to
FY 2015-16 5.04 - - -
Total Recovery from Transmission Tariff 292.79 310.15 320.15 315.33
8.4.13 The Commission approves total recovery of Rs. 292.79 Crore for FY 2016-17, Rs.
310.15 Crore for FY 2017-18, Rs. 320.15 Crore for FY 2018-19 and Rs. 315.33 Crore
for FY 2019-20 through Transmission Charges.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 115 of 118
9 RECOVERY OF TRANSMISSION CHARGES
9.1.1 Under the Transmission Pricing Framework specified in the MYT Regulations, 2015, the
approved ARR of a Transmission Licensee for a particular year is to be considered for
recovery through the TTSC of that year.
9.1.2 As RInfra-T forms a part of the InSTS, its approved ARR for each year of the 3rd
Control
Period shall be allowed to be recovered through the InSTS Transmission Tariff Orders of
the Commission for the respective years.
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 116 of 118
10 APPLICABILITY OF THE ORDER
10.1.1 This Order shall come into effect from 1 June, 2016.
The Petition of M/s Reliance Infrastructure Ltd. in Case No. 13 of 2016 stands disposed
of accordingly.
Sd/- Sd/-
(Deepak Lad) (Azeez M. Khan)
Member Member
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 117 of 118
11 APPENDIX-1: LIST OF PERSONS AT THE TVS HELD ON 24
FEBRUARY, 2016
Sr. No. Name Organisation
1. Shri Kapil Sharma RInfra-T
2. Shri Pravin Pokhmare RInfra-T
3. Shri Sumegh Mangle RInfra-T
4. Shri Radhaprasad Muni RInfra-T
5. Shri Vivek Mishra RInfra-T
6. Shri Kishor Patil RInfra-T
7. Shri Rakesh Raj RInfra-T
8. Shri Arvind Sharma RInfra-T
9. Shri Vikas Soner RInfra-T
10. Shri Pratik Shah RInfra-T
11. Shri Amirkumar Samant RInfra-T
12. Shri R.N. Farkade S.E. STU
13. Dr. Ashok Pendse Thane-Belapur Industries Association
(Consumer Representative)
14. Smt. Ashwini Chitinis Prayas Energy Group (Consumer
Representative)
15. Shri. Bhuvanesh Mehta RInfra-T
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MERC Order on MYT Petition of RInfra-T for MYT 3rd Control Period from FY 2016-17 to FY 2019-20
MERC Order - Case No. 13 of 2016 Page 118 of 118
12 APPENDIX-2: LIST OF PERSONS AT THE PUBLIC HEARING
HELD ON 13 APRIL, 2016
Sr. No. Name Organisation
1. Shri. Ganesh Balasubramaniam RInfra-T
2. Shri. Radhaprasad Muni RInfra-T
3. Shri Pravin Phokmare RInfra-T
4. Shri. Sumegh Mangle RInfra-T
5. Shri. R.R. Mehta RInfra-T
6. Shri. Kapil Sharma RInfra-T
7. Shri. Rakesh Raj RInfra-T
8. Shri. Arwind Kumar Sharma RInfra-T
9. Shri. Vikas Soner RInfra-T
10. Shri. C.R. Patkar RInfra-T
11. Shri. Bhuvanesh Mehta RInfra-T
12. Shri. Amir Kumar Samant RInfra-T
13. Shri Manoj Kapse -
14. Shri R.N. Farkade S.E. STU