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FORMAT-LTA-1On Non Judicial Stamp Paper of Rs.10/-
AFFIDAVIT
In the matter of filing application to HVPNL , for (Grant of Connectivity, Long-term &Medium term Intra-state open access and related matters) HERC Regulations 2012.
I …………….(Name)……………..S/o Sh.………….(Father’s name)………..workingas…….(Post)…………. in ………….. (Name of the Company)…... having its registeredoffice at ………………… (Address of the company)…... do solemnly affirm and say as follows:1. That I am the………… (Post)…………..of…….….. (Name of the Company)…………….,the representative in the above matter and am duly authorized to file the above applicationand to make this affidavit.2. That I submit that M/s…………….(name of the company)…………….. is a registeredcompany …………….(Public Ltd/Pvt. Ltd.)……………. Registeredunder Companies Act. Under the Article of Association of the Company and inaccordance with the provisions of Electricity Act, 2003/relevant Regulation(s) of HERC,the company can file the enclosed application.
3. That I submit that all the details given in the enclosed application for grant ofConnectivity/Medium Term Open Access/Long Term Access along withnecessary documents are true and correct and nothing material has been concealedthereof.
4. I Further verify that contents of para 1 to 3 of my above affidavit are true and correct to thebest of my knowledge and belief. No part and nothing material has beenconcealed therein.
Verified at ------------ _____________day of___________20
DEPONENT
(To be duly attested by Notary)HARYANA VIDYUT PRASARAN NIGAM LIMITED
APPLICATION FOR GRANT OF LONG TERM OPEN ACCESSTerms and Conditions for Long Term Open Access
We hereby confirm that we shall abide by the following terms and conditions of open access for
intra-state transmission.
1. We shall abide by the HARYANA ELECTRICITY REGULATORY COMMISSION’sRegulation No. HERC/25/2012 dated 11.01.2012 and any subsequent amendmentthereof.
2. We shall submit with the application for medium/ long term open access, letter ofcomfort / MOU from beneficiary(ies), clearly incorporating the following aspectsi) the details of application of power to each beneficiary(ies)ii) technical details as indicated in the application like point of injection / drawl, voltagelevel
iii) Date of commencement and period for which access has been applied for.3. We have connectivity to the STU/DISOM system & signed “Connection Agreement”
with the STU/DISCOMS as per “Connection Agreement” attached and shall share O&Mcharges, the transmission charges/ wheeling charges etc. as per transmission tariffregulation/orders of Haryana Electricity Regulatory Commission as modified from timeto time.
5. We shall comply with the provisions of Indian Electricity Grid Code (IEGC) and HaryanaElectricity Grid Code (HEGC) in force from time to time and instructions ofRLDC/SLDC/ALDC given from time to time.
6. We undertake to provide reliable and efficient speech and data communication systemto facilitate necessary communication and data exchange, and supervisions / control ofthe grid by SLDC following the technical specification and requirement pertaining to thespecific area(s) where access is being sought.
7. We shall indemnify HVPN and the DISCOM involved, for any loss or damage arising outas a consequence of the study conducted by them.
8. We shall not transfer rights and obligation specified in the ALTOA without the priorapproval by HARYANA ELECTRICITY REGULATORY COMMISSION and shall besubject to payment of compensation, if any as determined by the commission.
9. We shall share the SLDC/ALDC fees and charges and any other charges as pernotification of HARYANA ELECTRICITY REGULATORY COMMISSION.
10. We agree that HVPN reserves their right to amend the above terms and conditionswithin the Regulatory framework.
11. We agree to provide and maintain metering as per provision of HARYANA ELECTRICITYREGULATORY COMMISSION open access regulation 2012 and shall make all effortsto enable STU to down load its readings.
12. We shall install adequate reactive compensation and shall bear the reactive energycharges as determined by HARYANA ELECTRICITY REGULATORY COMMISSIONfrom time to time.
13. We agree to the payment for mismatch (unscheduled interchange) betweenschedule/actual which shall be governed by pricing mechanism as specified byHARYANA ELECTRICITY REGULATORY COMMISSION from time to time.
14. We agree to bear the energy loss in proportion to energy scheduled/drawl as specifiedby HARYANA ELECTRICITY REGULATORY COMMISSION.
15. We shall abide by the provisions of HERC Regulation on Open Access as amendedfrom time to time and procedural requirement as issued by HVPN and amended fromtime to time.
16. We agree that in case of non-utilization of open access, HVPN shall have right to reviewopen access granted and to recover the financial implications incurred in process.
17. We agree to sign A MTOA/ ALTOA ( Agreement for long term Open Access) withconcerned utility(ies), required, if any as per reguylation No 13 (10) of HERC regulationNo HERC/ 25/2012 dated 11.01.2012.
18. We hereby agree to provide adequate payment security mechanism for payment ofmonthly open access charges by way of irrevocable. Non-transferable, revolving Letterof Credit in favour of HVPNL.
20. We hereby confirm that we are neither defaulter nor have any dispute with Power
Utilities of Haryana.
Authorized Signatory of Long-Term Open Access Customer
i)Witness: Name :
Designation :
Seal: :
ii)Witness :
Place :
Date :
Application for Grant of Long -term Access (LTA)
FORMAT-LTA-2
Sr.No.
Description Information to be furnishedby the Applicant
1 Name the Applicant2 Address for Correspondence3 Contact Details
Prime Contact PersonDesignationPhone No.(Landline)Phone No.(Mobile)FaxE-Mail
Alternate Contact PersonDesignationPhone No.(Landline)Phone No.(Mobile)FaxE-Mail
4 Nature of the ApplicantNormal Generator (other thancaptive)Captive GeneratorBulk ConsumerElectricity TraderDistribution Licensee
5 Details for Long Term Access (LTA)5a Quantum (MW) for which LTA
required5b Date from which LTA required
(not earlier than 2 years from thelast day of the month in whichapplication has been received)
5c Date up to which LTA required(12 years to25 years from the datefrom which LTA is required)
5d Injection of Power (more than oneonly in case of single Drawal)Entity-1State/RegionQuantum-1Connectivity with the Grid
Entity-2State/RegionQuantum-2
Connectivity with the GridEntity-3State/RegionQuantum-3
Connectivity with the GridEntity-4State/RegionQuantum-4Connectivity with the Grid
5e Drawal of Power (more than one onlyin case of single Injection)
Entity-1State/RegionQuantum-1
Connectivity with the GridEntity-2State/RegionQuantum-2
Connectivity with the GridEntity-3State/RegionQuantum-3
Connectivity with the GridEntity-4State/RegionQuantum-4
Connectivity with the Grid
6 Details of DD/Cheque e-transaction(Application Fee)Amount (in Rs.)DD/Cheque transactionNo. DateBank NameBranch Name
7 Details of Bank GuaranteeAmount (in Rs.)Bank NamePeriod of Validity
FORMAT-LTA-3No Objection Certificate of <Name of DISCOM>
Format in which NOC is to be given by DISCOM for submission to HVPNLNOC No. Dated. ___________
1. Name of the DISCOM issuing NOC :2. Name of the Entity :3. Status of Entity (e.g. State Utility/CPP/IPP/Discom etc.) :4. Point(s) of Connection :5. Max. MW ceiling allowed for Injection* :6. Max. MW ceiling allowed for Drawal* :(*SLDC may specify different
MW ceilings for different time
blocks, if required.)7. Validity Period : From Date - To Date8. Wheeling Losses
9. Wheeling charges
Declaration:It is hereby certified that:
a) We have “No Objection” to seeking and availing Open Accessby<Name of Entity> , through HVPNL up to the MW ceiling as
specifiedabove, in accordance with applicable regulations of HERC.
b) We have the required infrastructure for energy metering and time block
Whether Applicable or not Yes/No Rate (Rs./MWh)
Distribution Licensees lossesAny other losses
Whether Applicable or not Yes/No (%) lossDistribution Licensees lossesAny other losses
wiseaccounting in place. The Transmission/ Distribution licensee network has
therequired transfer capability for transfer of power as per specified ceiling.
c) The Wheeling Charges for the use of Transmission/ DistributionLicenseenetwork and Operating Charges for the State Load Dispatch Centers shall
bedirectly settled by Power Exchange with us.
d) The State Utility designated for the purpose of collection/disbursement of UI
charges shall be responsible for timely payment of State s composite dues into
the State Pool Account.e) Any mismatch between the Scheduled and Actual drawl/injection for the intra-
StateEntity shall be determined by us and will be covered in the intra-State
UIaccounting scheme, or as applicable.
f) The Reactive Energy Charges shall be governed by the Regulations applicable within
the State.g) We shall inform the total import and export capability of the HVPNL as a whole to all
concerned. Attempt shall be made to declare this in advance through our
website/Fax.h) Any change in the contents of the NOC shall be conveyed to the party to whom NOC
was given, at least 180 days prior to the day of transaction. In such cases,
the SLDC shall also be informed simultaneously.
SignatureNameDesignation(Authorized Signatory of STU)
Place:Phone No.:Date:
FORMAT-LTA-4
Proforma of Bank Guarantee For Performance(To be stamped in accordance with Stamp Act)
Ref. ………...... Bank Guarantee No. ……...... Date .....................
To
Chief Engineer/ SO & CommercialSector-6 Shakti Bhavan
HVPNL Panchkula
Dear Sir,In consideration of the HVPNL , (hereinafter referred to as the HVPNL
whichexpression shall unless repugnant to the context or meaning thereof includ
e itssuccessors, administrators and assigns) having applied for Long-term Access
(LTA)with its Registered/Head office at …………………….(hereinafter referred to
asthe “LTA APPLICANT” which expression shall unless repugnant to the conte
xt ormeaning thereof, include its successors, administrators, executors and assigns).
WHEREAS it has been agreed by the LTA applicant that in case of failure /delay in
abidingvarious terms and conditions required as per HERC, Regulations 2012 on the sub
jectHVPNL shall have the right to collect at the rate of Rs. 2 lacs (Rupees Two Lacs ) for
totalscheduled injection by LTA Applicant.
AND WHEREAS as per the HERC, Regulations 2012 LTA applicant is required to
furnish aBank Guarantee for a sum of Rs.…….(Rupees……..) as a security for fulfilling
itscommitments to HVPNL as stipulated under Clause 12(4) of the aforesaid Regulat
ion.We……(Name & Address of the Bank)…. having its Head Office at…….(hereinafter
referredto as the B ank, which expression shall, unless repugnant to the context or meaning
thereof,include its successors, administrators, executor and assigns) do hereby guarantee
andundertake to pay the HP SL DC on demand any and all monies payable by the
LTAAPPLICANT to the extent of ………………..as aforesaid at any time
upto
……………(days/month/year) without any demur, reservation, context, recourse or protest
and/or without any reference to the LTA APPLICANT.
Any such demand made by the HVPNL on the Bank shall be conclusive and binding
notwithstanding any difference between the HVPNL and the LTA APPLICANT or any
disputepending before any Court, Tribunal, Arbitrator or any other authority. The Bank
undertakesnot to revoke this guarantee during its currency without previous consent of the
HVPNLand further agrees that the guarantee herein contained shall continue to
beenforceable till the HVPNL discharges this guarantee.The HPSLDC shall have the fullest liberty without affecting in any way the liability ofthe Bank under this guarantee, from time to time to extend the time for performance of
theobligations under the said agreement by the LTA APPLICANT. The HVPNL shall have
thefullest liberty, without affecting this guarantee, to postpone from time to time the exercise ofany powers vested in them or of any right which they mighthave against the LTA APPLICANT, and to exercise the same at any time in any manner,and either to enforce or to forbear to enforce any covenants, contained or implied,in the Agreement between the HVPNL and the LTA APPLICANT or any othercourse or remedy or security available to the HVPNL. The Bank shall not bereleased of its obligations under these presents by any exercise by the HVPNL ofits liberty with reference to the matters aforesaid or any of them or by reason of anyother act of omission or commission on the part of the HVPNL or any
otherindulgences shown by the HVPNL or by any other matter or thing whatsoever whichunder law would, but for this provision have the effect of relieving the Bank.The Bank also agrees that the HVPNL at its option shall be entitled to enforce thisGuarantee against the Bank as a principal debtor, in the first instance withoutproceeding against the LTA APPLICANT and not withstanding any security or ot
herguarantee the HVPNL may have in relation to the LTA APPLICANT s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarante
e isrestricted to……….. and it shall remain in force upto and including …………….. andshall be extended from time to time for such period (not exceeding ……….. year), asmay be desired by M/s …………….on whose behalf this guarantee has been given.
Dated this…………….day of …………………20………………….at…………………WITNESS……………………………………………. ……………………………………………………………………………… ……………………………....(Signature) (Signature)(Name) (Name)…………………………………………. ………………………...............(Official Address) (Designation with Bank Stamp)Attorney as per Powerof Attorney No. ……………….Date..………………………….NOTES: 1. The stamp papers of appropriate value shall be purchased in the name ofIssuing Bank.
FORMAT-LTA-5
Intimation for Grant of Long -term Access (LTA)
Sr.No. Description Information to be furnished byHVPNL
1 Intimation No. :Date:
2 Ref. Application No.:Date:
3 Name of the Applicant4 Address for Correspondence5 Nature of the Applicant
Normal Generator (other than captive)Captive GeneratorBulk ConsumerElectricity TraderDistributionLicense Others
6 Details for Long Term Access (LTA)Quantum (MW) for which LTA is granted
7 Injection of Power (more than one only incase of single Drawal)
Entity-1State/RegionQuantum-1Connectivity with the GridEntity-2State/RegionQuantum-2Connectivity with the GridEntity-3State/RegionQuantum-3Connectivity with the GridEntity-4State/RegionQuantum-4Connectivity with the Grid
8 Drawl of Power (more than one only in case ofsingle Injection)
Entity-1State/RegionQuantum-1Connectivity with the GridEntity-2State/RegionQuantum-2Connectivity with the GridEntity-3State/RegionQuantum-3Connectivity with the GridEntity-4State/RegionQuantum-4Connectivity with the Grid
9 Distribution System for LTA9a Date from which LTA is granted9b Date upto which LTA is granted9c Implementing Agency for distribution system9d Agencies between which agreement is to
Be required for LTA signed for implementationof distribution system
9e Amount (in Rupees) for which BankGuarantee is to be provided by the applicant
10 Distribution Charges Applicable11 Amount (in Rupees) for which Bank Guarantee is to
be provided by the applicant
FORMAT-LTA-6A
Agreement for Long Term Access(Applicable for One party requiring NO distribution system strengthening)BULK POWER Transmission/ WHEELING AGREEMENT BETWEEN
…………………………….AND
HVPNLThis Bulk Power Wheeling Agreement entered into on the ……….day of ….. Twothousand…………between HVPNL . , incorporated under the Companies Act, 1956 andwholly owned by Government of -----------------having its registered office at Shakti BhavanBhawan Sector-6 Panchkula (hereinafter called “HVPNL ” which expression shall unl
essrepugnant to the context or meaning thereof include its successors and assigns) as party ofthe first part; and _________a Long Term distribution customer incorporated underthe companies Act, 1956 having its office at _______ (hereinafter called “Long
TermTransmission/ Distribution Customer” which expression shall unless repugnant to
thecontext or meaning thereof include its successors, and assigns) as party of thesecond part. And Whereas the Long Term Distribution customer is
generatingcompany/licensee/ consumer/others permitted by State Commission and is desirous toavail Long Term Open Access in accordance with “ Haryana Electricity RegulatoryCommission (Grant of Connectivity, Long-term and Medium Term intra-State OpenAccess and Related matters) Regulations, 2012 and Electricity Act 2003
tothe Transmission/ Distribution System of state. And Whereas in accordance with StateElectricity Regulatory Commission (Grant of Connectivity, Long-term and Medium-term intra-state Open Access and related matters) Regulations, 2012 and Electricity
Act2003 open access shall be allowed by HVPNL to Long Term open access customer.And Whereas the Long Term access is required by the Long
TermDistribution customer as per the following details:Injection Utility :Name :Location :Region :Capacity (MW) :Drawee Utility (ies) :Name :Location :Region(s) :Capacity ( MW) :
Date from which the open access is granted is _________for a period of __________
And Whereas in accordance with the system studies carried out byHVPNL , following distribution system is required to facilitate operationalisation of aboveLong term access.___________(Name of Transmission/ distribution system)
And whereas the implementation of above distribution system is to be undertaken by LongTerm Transmission/ Distribution Customer.
And Whereas Long Term Distribution customer has agreed to share and pay all
thewheeling charges of the State Transmission/ Distribution System (STS/SDS) for theuse of STS/SDS including system strengthening scheme and any addition thereof.
And whereas it has become incumbent upon both the parties to enter in to Bulk Po
werWheeling Agreement as envisaged under the “State Electricity
RegulatoryCommission (Grant of Connectivity, Long-term and Medium-term intra-State OpenAccess and related matters) Regulations, 2012. And whereas the Bulk Power WheelingAgreement has already been entered into between HVPNL and Bulk Power Beneficiaries of allthe regions. A copy of BPWA entered into with constituents are enclosed at Annexure A,Annexure B, Annexure C, Annexure D and Annexure E respectively. These agreements arelikely to be replaced on its renewal.
And Whereas the Long term distribution customer is desirous of wheeling its power throughLong term access on the same terms and conditions as contained in the Bulk Power distributionAgreement of the respective Region. Words and expressions used and defined in the BulkPower distribution Agreement at Annexure A, B, C, D and E shall have the same meaningassigned to them under the Electricity Act 2003 or Grid code or H.P. Electricity RegulatoryCommission Regulations, 2012, as the case may be (including their amendments if any).
Now, therefore in consideration of the premises and mutual agreements, covenants
andconditions set forth herein, and in the Agreement as contained in the Annexure A, B, C, D, andE (As applicable) attached hereto which shall form an integral part of this Agreement, it ishereby agreed by and between the parties as follow:
1.0a) Long Term Transmission/ distribution customer shall share and pay the wheel
ingcharges of STS/SDS including charges for system strengthening scheme and
anyaddition thereof.
b) Long Term Transmission/ distribution customer would provide security in the
form of or irrevocable Bank Guarantee (BG) in favour of HVPNL, equivalent
to Two (2) months estimated average Transmission charges ofconcerned
Region(s) applicable to the long-term customer. The security mechanism shall be
valid till One month after the validity of the open access.c) The estimated average wheeling charges would be reviewed every year
andaccordingly the amount of security would be enhanced/ reduced by Long T
ermdistribution customers.
d) In case the Long Term Transmission/ distribution customer defaultsinpayment of the monthly charges of HVPNL bills then, HVPNL shall
beentitled to encash/adjust the FDR/ deposit/ BG immediately.
e) In case of encashment/ adjustment of the / BG by the HVPNL against non-
payment of monthly charges by Long-term distribution customer, the same should
be immediately replenished/recouped by Long term distribution customer before the
next billing cycle.f) The format for bank guarantee is enclosed as Annexure-X. The Bank Guara
nteeshall be issued by:
• A Public Sector Bank, or• Scheduled Indian Bank having paid up capital (net of accumulated losses) of
Rs.100 crore or above(duly supported by latest annual report) and also
satisfyingthe minimum capital adequacy requirement or
• Any foreign Bank with overall International corporate rating orrating ofMedium Term debt not less than A– (A minus) or equivalent by reputed ra
tingagency.
2.0 The HVPNL agrees to provide Long Term Open Access required by Long term
distribution customer as per the details mentioned above and in accordance
with the Regulations under the Haryana Electricity RegulatoryCommission,
Regulations 2012 and conditions specified by the HERC from time to time.3.0 The Long Term customer shall not relinquish or transfer its rights
andobligations specified in the Bulk Power Wheeling Agreement, without
priorapproval of HVPNL and HERC and subject to payment of
compensation,as may be determined by the HERC.
4.0 All differences/ disputes between the parties arising out of or in connection with
this Agreement shall be resolved in terms of the RedressalMechanism
provided under Regulation 53 of the HERC Regulations 2012.5.0 This Agreement shall be valid from the date of signing of this Agreement till the
validity of open access. In witness whereof both the parties have executed this
Agreement through their authorized representative.
Witness
Signed for and on behalf of:- Signed for and on behalf of:-[HVPNL Details] [Applicant Details]
FORMAT-LTA-6B
Agreement for Long Term Access(Applicable for One party / Multi party developers requiring Transmission/ distribution
systemStrengthening) BETWEEN HVPNL
AND------ OTHER LONG TERM DISTRIBUTION CUSTOMERS
This Bulk Power wheeling Agreement entered into on the ……….dayof…………...Two thousand…………. between HVPNL ., a company incorporated underthe Companies Act, 1956, having its registered office at Panchkula hereinaftercalled “HVPNL ” which expression shall unless repugnant to the HVPNL . contextor meaning thereof include its successors and assigns) as party of the first part; andCompany-A, a company incorporated under the companies Act, 1956
having itsregistered office at ____________________and Company-B, a company incorporated underthe companies Act, 1956 having its registered office at and Company-Z, acompany incorporated under the companies Act, 1956 having its registeredoffice at____________ and (hereinafter collectively referred to as Long Term DistributionCustomers and individually referred to as Company-A, B ……Z respectively)
whichexpression shall unless repugnant to the context or meaning thereof include its successorsand assigns as party of the second, third, fourth --------------and ----------- respectively.
A) Whereas Long Term Distribution Customers are the Power Project Developers
andare desirous to avail Long Term Open Access in accordance with State
ElectricityRegulatory Commission (Grant of Connectivity, Long-term and Medium-term i
ntrastate Open Access and related matters) Regulations, 2012 herein
afterreferred to as “Regulations” and Electricity Act 2003 (including t
heiramendments if any) to the Distribution System of DISCOM for transfer of po
werfrom the respective places of generation to the places of delivery as
perthe details contained in the Annexure-1.
B) Whereas the comprehensive distribution system for above Long TermOpen Access was evolved by CEA, developers, Constituents and DISCOM.
which was discussed in a meeting held at -------------- --- on -----------C) The distribution system required for direct evacuation of power from respe
ctivegenerating units to the pooling points of DISCOM has been finalized in consulta
tionwith CEA, developers and Constituents and shall be built, Owned, Operated
andmaintained by respective Long Term distribution Customers as indicated at
Annexure-2.D) The common distribution system to evacuate and dispatch power
torespective beneficiaries from the generation projects, has been finalized
inconsultation with CEA, developers and Constituents and shall be
built,owned, operated and maintained by DISCOM as indicated at Annexure- 3 .
E) Each of the project developers i.e., the long term distribution customer has
agreed to share and bear the applicable wheeling charges as decided by H.P.
State Electricity Regulatory Commission of the total distribution scheme as perAnnexure-3 from the scheduled date of commissioning of respective genera
tingunits, corresponding to the capacity of power contracted from the said
Generationproject through open access as indicated at Annexure-1 irrespective of their ac
tualdate of commissioning. The sharing mechanism for these wheeling charges
hasbeen agreed to be as per Annexure-4 of this agreement.
F) AND WHEREAS in accordance with State Electricity Regulatory Commission
Regulations 2012 and Electricity Act 2003 (including their amendments if any)
and in accordance with the term mentioned above, STATE LOADDESPATCH
CENTRE has agreed to provide such open access required by these Long Term
distribution Customers from the date of availability of evacuation distribution system
for the transfer of power as mentioned in Annexure-2 and Annexure-3 of this
agreement.G) AND WHEREAS the parties have agreed that in case any of the asset mentioned at
Annexure 3 are executed, owned and operated by any agency(ies) other than
DISCOM, as per the directives of competent authority (for which DISCOM
wouldimmediately inform all the parties) then the tariff of the same would be payable
bythe long term customer directly to the concerned agency (ies) through a sepa
rateAgreement to be entered by the Long term customer with the concerned agency
(ies).H) AND WHEREAS Long term distribution customers have agreed to share and pay
all the wheeling charges of DISCOM in accordance with the regulation/ tariff order
issued by State Electricity Regulatory Commission from time to time for the use of its
distribution System of the concerned Regions in proportion to their proposed capacity
addition as indicated at Annexure-1 of this Agreement. These charges would be
shared and paid from the scheduled date of commissioning of respective generating
units as indicated at Annexure-1.I) AND WHEREAS it has become incumbent upon Long term distribution Customers
and DISCOM to enter in to Bulk Power wheeling Agreement as envisaged
under the Haryana Electricity Regulatory Commission Regulations, 2012 (including
their amendments if any) for payment of above wheeling charges.J) AND WHEREAS the Bulk Power Transmission Agreement has already been entered
into between DISCOM and Bulk Power Beneficiaries of all the regions. A copyof
BPWA entered into with constituents of Northern Regiondated --------------, Western Region dated --------------, Eastern Region dated -------
----,North Eastern Region dated-------------- and Southern Region dated ---------------
areenclosed at Annexure A, Annexure B, Annexure C , Annexure D and Annexur
e Erespectively. These agreements are likely to be replaced on its renewal.
Therenewed/modified agreements would be generally in line with the Transmis
sionService Agreement (WSA) issued by Ministry of Power as part of standard
biddocuments for competitive bidding for distribution in accordance with Section 6
3 ofthe Act. Accordingly, on replacement of renewed/modified agreement in line
withWSA, the same would become part of this agreement.
K) AND WHEREAS the Long term distribution customer is desirous of wheeling its
power to its consumers through long term open access on the same terms and
conditions as contained in the Bulk Power Transmission Agreement of the
respective Region. Words and expressions used and defined in theBulk
Power Transmission Agreement at Annexure A, B, C , D and E shall have the
same meaning assigned to them under the Electricity Act 2003 or Grid code or
Haryana Electricity Regulatory Commission Regulations, 2012 as the case may be
(including their amendments if any). Now, therefore in consideration of the premises
and mutual agreements, covenants and conditions set forth herein, and inthe
Agreement as contained in the Annexure A, B, C, D and E attached hereto which
shall form an integral part of this Agreement, it is hereby agreed by and between
the parties as follows:
1.0 In accordance with Haryana Electricity Regulatory Commission Regulations,
2012and Electricity Act 2003 (including their amendment if any) and in accorda
ncewith the term mentioned above DISCOM agrees to provide such open acc
essrequired by these Long Term Distribution Customers from the date and in
themanner mentioned in the Annexure1,Annexure 2, Annexure 3 and Annexure
4 ofthis agreement for a period of ……… years from the schedule date of
generationof individual long- term open access customers.
2.0(a) Long term distribution customer shall share and pay the Transmis
sioncharges in accordance with the regulation/tariff order issued by
StateElectricity Regulatory Commission from time to time of DISC
OMdistribution system of concerned applicable Region. These charges would
beapplicable corresponding to the capacity of power contracted
fromthe said generation project through open access from the scheduled
dateof commissioning of generating projects as indicated at
Annexure-Iirrespective of their actual date of commissioning.
(b) Long term distribution customer shall share and pay the Transmission charges
of the distribution system detailed in Annexure-3 in accordance with the
sharing mechanism detailed in Annexure-4. In case, in future, anyother
long-term distribution customer(s) is/are granted open access through thedistribution system detailed at Annexure-3 (subject to technical
feasibility),he/they would also share the applicable Transmission charges.
(c) Each Long term distribution customer its successor/assignee shall pay the
applicable Transmission charges from the date of commissioning of the respective
distribution system which would not be prior to the schedule
commissioning date of generating units as indicated by of the respective
developer as per Annexure-1. The commissioning of distribution system would be
pre-poned only if the same is agreed mutually by concerned parties.(d) In addition to opening of LC for two month of estimated average
monthlybilling for charges mentioned at 2(a) and 2(b) above, Long-
Termdistribution customer would provide security in the form of irrevocable B
ankGuarantee (BG), in favour of DISCOM, equivalent to two months estim
ated
average monthly billing, three months prior to the scheduled date of
commissioning of generating units as indicated at Annexure-1. Initially the
security mechanism shall be valid for a minimum period of three (3) years and
shall be renewed from time to time till the expiry of the open access.(e) The estimated average Transmission charges would be reviewed every six
monthsand accordingly the amount of security would be enhanced/ reduced for
longterm distribution customers. (f) In case the long term distribution customer defa
ultsin payment of the monthly charges of ------------------ bills then
--------------------------.shall be entitled to encash/adjust the BG immediately.
(g) In case of encashment / adjustment of the BG by H--------------------------
---------------. against non-payment of monthly charges by long-term distribution
customer, the same should be immediately replenished/recouped by long-term
distribution customers before the next billing cycle.(h) The format for bank guarantee is enclosed as Annexure-X. The B
ankGuarantee shall be issued by: A Public Sector Bank, or Scheduled Indian B
ankhaving paid up capital (net of accumulated losses) of Rs. 100 cror
e orabove(duly supported by latest annual report) and also satisfying
theminimum capital adequacy requirement, or Any foreign Bank with
overallInternational corporate rating or rating of long term debt not less than A–
( Aminus) or equivalent by reputed rating agency.
3.0 State Load Despatch Centre agrees to provide Long Term Open Access
required by Long term distribution customer as per the details mentioned above
and in accordance with the Regulations under the HaryanaElectricity Regulatory
Commission Regulations, 2012 and conditions specified by the HERC from time
to time. However, during the tenure of this agreement if any of the covenants
and conditions recited in this agreement including agreementsat
Annexure- A, B, C and D found inconsistent with the provisionsof
the Electricity Act 2003 and/or applicable notifications/rules/regulations
issued either by HERC or by HP as per the provisions of theElectricity
Act then not withstanding anything contained in the agreement referred to
above, the said rules and regulations shall prevail.4.0 Copy of the agreements entered with Northern Region dated-------------(Annexure-A
shall form part and parcel of this Agreement and accordingly, all
terms and conditions of agreements dated --------------, ------ ------, ---------- and --------
-- shall mutatis mutandis apply to the Long term distribution customer. Any
revision, replacement, modification and extension of these agreements shall
also apply to the Long term distribution customer.5.0 The Long term distribution customer shall not relinquish or transfer its rights
and obligations specified in the Bulk PowerTransmission
Agreement, without prior approval of DISCOM and HERC and subject
to payment of compensation in accordance with the HERC Regulations issued
from time to time.6.0
(a) In case any of the developers fail to construct thegenerating
station/dedicated distribution system or makes an exit or abandon its project,
DISCOM shall have the right to collect the Transmission charges and/
or damages as the case may be in accordance with the
notification/regulation issued by HERC from time to time. The
developer shall furnish a Bank guarantee from a nationalized bank for an
amountwhich shall be equivalent to Rs.5 (five) Lakhs/MW to compensate
suchdamages. The bank guarantee format is enclosed as Annexure-Y. The
detailsand categories of bank would be in accordance with clause 2 (h) above.
TheBank guarantee would be furnished in favour of DISCOM within 3 (th
ree)months of signing of this Agreement.
(b) This bank guarantee would be initially valid for a period of six months
after the expected date of commissioning schedule of generating unit(s)
mentioned at Annexure-1 or actual date of commissioning whichever is earlier.
The bank guarantee would be encashed by DISCOM in case of adverse
progress of individual generating unit(s) assessed during coordination meeting
as per para 7 below. However, the validity should be extended by concerned
Long Term distribution customer(s) as per the requirement to be indicated
during co-ordination meeting.(c) The DISCOM shall build distribution system included at Annexure- 3 kee
pingview of various commissioning schedules, however, till the completion of
identifieddistribution elements the transfer of power will be based on
theavailability of system on short term basis.
(d) In the event of delay in commissioning of concerned distribution system
from its schedule, as indicated at Annexure-4 DISCOM shall pay proportionate
Transmission charges to concerned Long Term Open Access Customer(s)
proportionate to its commissioned capacity (which otherwise would have
been paid by the concerned Long Term Open Access Customer (s) to
DISCOM provided generation is ready and DISCOM fails to make alternate
arrangement for dispatch of power.7.0 In order to monitor/ review the progress of generating units along with its direct
evacuation lines and also the common distribution system, Joint co-ordination
meeting with the representative of each developers and DISCOMshall
be held at regular interval (preferably quarterly) after signing of this
Agreement.8.0 All differences/disputes between the parties arising out of or in connection with this
Agreement shall be resolved in terms of the Redressal Mechanism provided under
Regulation 33 & 37 of the HERC Regulations, 2012 and under Electricity Act
2003.9.0 The parties shall ensure due compliance with the terms of
thisAgreement. However, no party shall be liable for any claim for any loss or
damagewhatsoever arising out of failure to carry out the terms of the
Agreement tothe extent that such a failure is due to force majeure events such as
war,rebellion, mutiny, civil commotion, riot, strike, lock out, fire, flood, forces
ofnature, major accident, act of God, change of law and any other cau
sesbeyond the control of the defaulting party. But any party claiming the be
nefitof this clause shall satisfy the other party of the existence of such an
eventand give written notice of 30 days to the other party to this eff
ect.Distribution/drawal of power shall be started as soon as practicable by the
partiesconcerned after such eventuality has come to an end or ceased to exist.
10.0 In the event of finalization of beneficiaries by the developerstheapplicable Transmission charges and other charges covered under
thisagreement would be payable by the concerned beneficiary. These char
ges
would be effective only from the date of signing of agreement by concerned
beneficiary with DISCOM for the validity period of open access.11.0 This Agreement shall be valid from the date of signing of this agreement till
thevalidity of open access subject to its revision as may be made by the
partiesto this Agreement provided that this Agreement may be mutually
extended,renewed or replaced by another Agreement on such terms and for s
uchfurther period as the parties may mutually agree. In case Long
TermDistribution Customers continue to get distribution services from
theDISCOM even after expiry of this Agreement without further renewal or
formalextension thereof, then all the provisions of this Agreement shall
continueto operate till this Agreement is formally renewed, extended or replaced.
In witness whereof both the parties have executed this Agreement throughtheir
authorized representative.
Witness For and on behalf of company For and on behalf of HVPNL
• Signature :……………………… Signature:……………………..Name:…………………………. Name:…………………………Designation…………………….. Designation……………………
2. For and on behalf ofCompany ASignature :……………………… Signature:Name:…………………………. Name:……………………………Designation…………………….. Designation………………………
3. For and on behalf ofCompany ZSignature :……………………… Signature:……………………..Name:…………………………. Name:……………………........Designation…………………….. Designation……………............
Sl.No
Applicant Gen.ProjectCapacity(MW)
LTOAAppliedfor(MW)
Location Time Frame(Unit wise
Long Term Accessgranted
123Annexure-1
List of Gen Projects and their beneficiariesDetails of Generation Projects ………………..
Annexure-2
Distribution system to be implemented by Generation project developers and itsSchedule of commissioning
Sr. No. Name of Scheme & Elements1.2.3.4.
Note:
a) The termination of the line as well as location of pooling station is subject to m
inorchanges depending upon final survey and physical constraint, if any.
b) In case of any major development, if there is any change in the distribution
system to achieve overall optimization of the system, then, above details would be
modified on mutual consent.c) In case, in future, any other long-term distribution customer(s) is/are granted o
penaccess through the distribution system detailed at Annexure-3 (subject to tech
nicalfeasibility), he/they would also share the applicable Transmission charges.
Annexure-3
Transmission System under the Scope of HVPNL
Sr. No. Name of Scheme & Elements1.2.
3.
Note:1. The termination of the line as well as location of pooling station is subject to minor
changes depending upon final survey and physical constraint, if any.2. In case of any major development, if there is any change in
thedistribution system to achieve overall optimization of the system, then,
abovedetails would be modified on mutual consent.
3. In case, in future, any other long-term distribution customer(s) is/are granted open
access through the distribution system detailed at Annexure-3 (subject to technical
feasibility), he/they would also share the applicable Transmission charges.Annexur
e-4
Transmission Charges for the Transmission/ distribution system of respectiveGeneration Projects
The Transmission charges for different stages of the distribution system would be borne by
thegeneration developers/beneficiaries as given below:
• The dedicated distribution system indicated at Annexure-2 i.e. from the
generationswitchyard up to various pooling points/substations shall be built, owned
andoperated by the generation project developer.
• However, some of the dedicated distribution system indicated atAnnexure-3 i.e. from the generation switchyard up to various
poolingpoints/substations shall be built, owned and operated by DISCOM.
TheTransmission charges for these dedicated distribution system shall be paid by
theconcerned generation developers.
• The charges for the distribution system (other than the dedicated system) indicated
at Annexure-3 would be borne by the generation developers in proportion to
capacity for which long term open access has been sought. The Transmission
charges will be corresponding to phased development ofdistribution system and in each time frame, charges should be shared by all
thegeneration developer whose generation projects are scheduled to come up in
thattime frame or earlier.
• The long term Open Access Applicants would also have to share the
applicable State Transmission charges in proportion to the Longterm
capacity sought by them as per HERC norm.
• As the distribution system has been evolved considering
targetbeneficiaries and tentative allocation indicated by the developer(s) in their applicat
ion,some distribution strengthening may be required in the receiving end/re
giononce the beneficiaries/quantum of allocation is finalized. The cost/tariff of s
uchsystem strengthening would also have to be borne by the developer(s) as and
whenidentified.
• In the event of default by any developer under Clause 5 and 6 of this
Agreement, the Transmission charges for the system mentioned at Annexure-3
would be shared by balance developers. However, the damages collected (if
any)from the defaulting developer(s) under clause 5 & 6 of this agreement shall
beadjusted for the purpose of claiming Transmission charges from the bala
nce(remaining) developers.
The composite distribution scheme would be developed in phases keeping in view thecommissioning schedule of generation project. Depending upon the status of vari
ousgeneration projects as informed by different generation developers, the details of phasingof development of distribution system has been evolved. Details of staging are described asfollows –
1.0 Stage-I
1.1 Generation project and its schedule
…………..
……………
1.2 Distribution System
1.2.1 Distribution system to be developed by the generation developer and its schedule…………..…………..
1.2.2 Distribution system to be developed by HVPNL and its schedule…………..…………..Sharing of Transmission charges by above developers.
2.0 Stage-I2.1 Generation project and its schedule
…………..……………
2.2 Distribution System2.2.1 Distribution system to be developed by the generation developer and its schedule
…………..…………..
2.2.2 Distribution system to be developed by HVPNL its schedule…………..Sharing of Transmission charges by above developers.
Note: In case, in future, any other long-term is/are granted open access through the
distribution system detailed at Annexure-3 (subject to technical feasibility), he/they would
also share the applicable Transmission charges.ANNEXURE-X
(LTOA)
PROFORMA FOR BANK GUARANTEE(To be stamped in accordance with stamp Act)
Ref…………….. Bank Guarantee No………………. Dated ……..……..
To
Dear Sirs,
In consideration of the Haryana Vidyut Prasaran Nigam Ltd. (here in after referred to
asthe, HVPNL which expression shall unless repugnant to the context or meaning thereofinclude its successors, administrators and assigns) agreed to provide its servicesrelates to Distribution to ………………………having its registered office at_____(hereinafter referred to as the ……………………….which expression shall unlessrepugnant to the context or meaning thereof include its successors, administrators andassigns) resulting in the Agreement dated ____________with charges valued at Rs_____________. And whereas the said Agreement has been unequivocally accepted by the…………and the …………….having agreed to provide a Bank Guarantee
infavour of the HVPNL as payment security guaranteeing to bear the
fullcharges of HVPNL distribution system amounting to Rs ___________for a period of________. And whereas _______________Bank, a body incorporated underthe____________ law, having its branch office at _______________________ and itsRegistered/Head Office at ____________________hereinafter referred to as the
Bankwhich expression shall unless repugnant to the context or meaning
thereofinclude its successors, administrators, executors and permitted assigns, do
herebyguarantee and undertake to pay the HVPNL on its first written demand
anyand all monies payable by the ………………………in respect of the saidTransmission charges/SLDC charges without any demur, reservation, contest, recourse orprotest and/or without any reference to the…………………. Any such demand made by theHVPNL on the Bank shall be conclusive and binding notwithstanding any difference betweenthe HVPNL and …………………..or any dispute pending before any Court, Tribunal, Arbitratoror any other authority. The Bank undertakes not to revoke this guarantee during its currencywithout previous written consent of the HVPNL and further agrees that the guarantee hereincontained shall continue to be enforceable till the HVPNL discharges the guarantee. Thedecision of the HVPNL declaring the ……………………..to be payment default as aforesaidshall be final and binding on the Bank. The HVPNL shall have the fullest liberty withoutaffecting this guarantee, to postpone from time to time the exercise of any powers vested inthem or of any right which they might have against the ……………… and to exercise the sameat any time in any manner, and either to enforce or to forbear to enforce any covenants,contained or implied between the HVPNL and the ……………………. or any other course orremedy or security available to the HVPNL The Bank shall not be released of its obligationsunder these presents by any exercise HVPNL or its liberty with reference to the mattersaforesaid or any of them or by reason of any other act of omission or commission on the part ofthe HVPNL or any other indulgence shown by HVPNL or by any other matter or thingwhatsoever which under law would, but for this provision have the effect of relieving the Bank.
The Bank also agrees that the HVPNL at its option shall be entitled to enforce thisGuarantee against the Bank as a principal debtor, in the first instance without proceeding
against the ……………. and notwithstanding any security or other guarantee the HVPNL mayhave in relation to the ……………….. liabilities. Notwithstanding anything contained hereinabove the Bank’ s liability under this guarantee is restricted to Rs. ________and it shall remainin force up to and including _________ and shall be extended from time to time for suchperiod (notexceeding one year), as may be desired by the………….on whose behalf this guarantee hasbeen given. These presents shall be governed by and construed in accordance with IndianLaws. The Bank hereby declares that it has the power to issue this Guarantee and theundersigned has full power to do so.
Dated this……………….day of …………..20 at……………
WITNESS
…………………….. ..................................................
(Signature) (Signature)
………………………. ………………………………….
(Name) (Name)
……………………………. …………………………………….(Official Address) (Designation with Bank Stamp)
Annexure-Y
PROFORMA OF BANK GUARANTEE FOR PERFORMANCE(To be stamped in accordance with Stamp Act)
Ref. ………………………Bank Guarantee No.…………… Date …………………………
ToChief Engineer/SO & CommercialSector-6 Shakti BhavanHVPNL Panchkula
Dear Sirs,In consideration of the HVPNL Ltd., (hereinafter referred to as the HVPNL which
expression shall unless repugnant to the context or meaning thereof includeits
successors, administrators and assigns) having signed an agreement No………………dated………………….with LONG TERM CUSTOMER (Name ofCustomer………………………..with its Registered/ Head office at………………… hereinafterreferred to as the “LTOA CUSTOMER ” which expression shall unless
repugnant tothe context or meaning thereof, include its successors, administrators, executors andassigns)
WHEREAS it has been agreed by the LTOA customer in the said Agreement that in cas
e offailure/delay to construct the generating station/dedicated distribution system ormakes an exit or abandon its project by LTOA CUSTOMER, HVPNL shall have the rightto collect the Transmission charges and or damages considering the total estimatedcapital investment to be made by HVPNL for total scheduled injection by LTOACUSTOMER for an amount which shall be equivalent to the amount calculated based on thescheduled MW capacity of the project @ Rs. ……….Lakh/MW to compensatesuch damages. AND WHEREAS as per the aforesaid agreement LTOA customer is requiredto furnish a Bank Guarantee for a sum of Rs……….(Rupees……..) as a security forfulfilling its commitments to HVPNL as stipulated under Clause 05 of the said Agreement.We……(Name & Address of the Bank)…….having its Head Office at……………………(hereinafter referred to as the Bank , which expression shall, unless repugnant to thecontext or meaning thereof, include its successors, administrators, executors and assigns)do hereby guarantee and undertake to pay the HVPNL on demand any and all moniespayable by the LTOA CUSTOMER to the extent of …………………………….. as aforesaidat any time up to………………**……………………(days/month/year) without any demur,reservation, context, recourse or protest and/or without any reference to the LT
OACUSTOMER. Any such demand made by the HVPNL on the Bank shall be conclusive andbinding not withstanding any difference between the HVPNL and the LTOA CUSTOMERor any dispute pending before any Court, Tribunal, Arbitrator or any other authority. TheBank undertakes not to revoke this guarantee during its currency without previousconsent of the HVPNL and further agrees that the guarantee herein contained shallcontinue to be enforceable till the HVPNL discharges this guarantee. The HVPNL shall havethe fullest liberty without affecting in any way the liability of the Bank under this guarantee,from time to time to extend the time for performance of the obligations under the saidagreement by the LTOA CUSTOMER. The HVPNL shall have the fullest liberty,without affecting this guarantee, to postpone from time to time the exercise of
anypowers vested in them or of any right which they might have against the LTOACUSTOMER, and to exercise the same at any time in any manner, and either to
enforceor to forbear to enforce any covenants, contained or implied, in the Agreement betweenthe HVPNL and the LTOA CUSTOMER or any other course or remedy or securityavailable to the HVPNL . The Bank shall not be released of its obligations under thesepresents by any exercise by the HVPNL of its liberty with reference to the mattersaforesaid or any of them or by reason of any other act of omission or commission on
thepart of the HVPNL or any other indulgences shown by the HVPNL or by any othermatter or thing whatsoever which under law would, but for this provision have the effect ofrelieving the Bank. The Bank also agrees that the HVPNL at its option shall be entitledto enforce this Guarantee against the Bank as a principal debtor, in the first instancewithout proceeding against the LTOA CUSTOMER and not withstanding any security
orother guarantee the HVPNL may have in relation to the LTOA CUSTOMER’s liabilities.Notwithstanding anything contained hereinabove our liability under this guarantee isrestricted to………......anditshall remaininforceuptoandincluding…………….. and shall be extended from time to time for such period (notexceeding ……….. year), as may be desired by M/s …………….on whose behalf thisguarantee has been given.
Dated this…………….day of …………………20………………….at…………………
Witness………………………… …………………………………
Signature) (Signature)…………………………. …… ………………………….…(Name) (Name)………………………………. ………………………..(Official Address) (Designation with Bank Stamp)Attorney as per Power of Attorney No. ……………….Date ...………………………….
Note:1. The stamp papers of appropriate value shall be purchased in the name of issuing Bank.
General :-