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    In this presentation

    Overview

    Legal/Policy framework

    Regulatory framework

    Regulatory scope/activities

    Market Development - CERC

    initiatives & impact

    12/8/2014 2CERC

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    OVERVIEW

    12/8/2014 3CERC

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    Sectoral Parameters

    Unelectrified rural households (2001Census)

    77.8 million

    (57%)

    Power Supply Position during July2010

    - Energy shortages- Peaking deficit 8.3%12.1%

    Generating plantsPLF (2009-10) AllIndia

    77.53%

    Generation performance (2009-10) 771 BUs(7.0 % growth over

    corresponding period ofprevious year)

    Cumulative High Voltage Transmissionlinks (220 KV and above) (upto April2010)

    2,26,458 ckt km

    12/8/2014 4CERC

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    Installed Generation Capacity in India(as on 31.01.2011)

    Total Installed Capacity(as on 31.01.2011)

    12/8/2014 5CERC

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    Installed Renewable Generation Capacity in India

    (end December10)

    6

    Total Installed Capacity(as on 31.12.2010)

    Contributes 4% of total ElectricityGeneration

    12/8/2014 6

    70%

    16%

    5%8%

    1%

    Renewable Energy Installed Capacity (MW)

    Wind Power

    Small Hydro Power

    Biomass Power

    Bagasse Cogeneration

    Waste to Power

    Solar Power (SPV)

    CERC

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    Power Infrastructure in India

    (as on 31.01.2011)

    Total Installed Capacity(as on 31.01.2011)

    48%

    31%

    21%

    State CENTRAL SECTOR PRIVATE SECTOR

    12/8/2014 7CERC

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    Ownership Status of Transmission

    and Distribution Almost 100% of Electricity Transmission

    in India is owned by public sector.

    About 13 % of Electricity Distribution in

    India is owned by private sector.

    12/8/2014 8CERC

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    Electricity Requirement 2031 - 32

    8% 9%

    Total Energy Requirement 3880 4806

    Energy Requirement at Bus Bar 3628 4493

    592 733

    778 960

    Billion kWh

    Projected Peak Demand (GW)

    Installed Capacity Requirement (GW)

    GDP Growth Rate

    Source: Integrated Energy Policy

    12/8/2014 9CERC

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    LEGAL/POLICY

    FRAMEWORK

    12/8/2014 10CERC

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    Basic Legal Framework

    Electricity a concurrent subject as per

    Constitution of India.

    Both Centre and States can legislate.

    In case of repugnancy, Central

    legislation prevails.

    12/8/2014 11CERC

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    Legal Framework under old laws

    Regulatory authorities under IE Act, 1910 and E(S)Act, 1948

    Central Government State Government CEA

    SEB Central GovernmentPowers to fix capital ceiling for

    TEC clearance etc.

    State GovernmentPowers to grant licence etc. CEA TEC of generation projects, technical norms

    etc.

    SEB Several powers as main advisor of StateGovt.

    12/8/2014 12CERC

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    Legal Framework Contd

    Regulatory authorities under ERC Act,1998

    CERC

    SERCs JERC

    Objective distancing of Govt./Govt.organization from regulation.

    12/8/2014 13CERC

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    Legal FrameworkElectricity Act, 2003

    Consolidates laws of electricity relating to generation,

    transmission, distribution and trading of electricity.

    Creates environment conducive for development of

    electricity industry.

    Introduction of competition.

    Constitution of Central and State Regulatory

    Commissions to rationalize electricity tariffs.

    12/8/2014 14CERC

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    Electricity Act 2003 -Key Features

    Open Access to Transmission /Distribution Systems

    De-licensing of power generation

    Trading in electricity permitted Liberal provisions for captive power generation

    Rural generation and distribution freed from licensing

    Expanded role for the Regulatory Commissions

    Envisages unbundling of transmission and distribution.

    Regulatory Commissions to develop electricity markets.

    12/8/2014 15CERC

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    Government

    Formulation of

    National Electricity Policy

    Tariff Policy

    National Electricity Policies on rural electrification.

    Powers to issue directions to the Regulatory

    Commissions on issues involving public

    interest.

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    National Electricity Policy

    Total village electrification by year 2010

    By year 2012 :

    Per capita availability 1000 units.

    Installed capacity over 200,000 MW.

    Spinning reserves 5% .

    Minimum lifeline consumption of 1 unit per household per

    day.

    Inter-regional transmission capacity 37,000 MW.

    Energy efficiency/ conservation savings about 15%.

    12/8/2014 18CERC

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    Tariff Policy Mandates competitive procurement of power and

    transmission servicestransitional window of 5 years period

    given to public sector companies.

    Encourage efficiency in operations by sharing of gains

    between licensees and consumers. Promote Multi-Year Tariff (MYT) framework.

    Encourage loss reduction Strategies.

    Tariff design : Linkage of tariffs to cost of service

    gradual reduction in cross subsidy (+/- 20% of average cost

    of supply)

    Progressive reduction in Cross-subsidy surcharge for open

    access.12/8/2014 19CERC

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    REGULATORY FRAMEWORK

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    Regulatory Commissions

    At the CenterCERC Powers to regulate centrally owned generating companies

    and companies having composite scheme for generation and

    sale of electricity in more than one State.

    To regulate inter-State transmission/Trading.

    In the StatesSERCs

    Powers to regulate intra-State generation, transmission and

    distribution.

    CERC vis a vis SERCs

    No hierarchical relationship. However, SERCs are to be

    guided by the principles of tariff determination specified by

    CERC.12/8/2014 21CERC

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    Functions of CERC

    Advisory Functions:

    formulation of National electricity Policy and tariff policy;

    promotion of competition, efficiency and economy in the activities of

    the electricity industry;

    promotion of investment in electricity industry;

    any other matter referred to the Central Commission by the Central

    Government

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    Functions of SERCs determine the tariff for generation, supply, transmission and wheeling

    of electricity, wholesale, bulk or retail within the State

    regulate electricity purchase and procurement process of distribution

    licensees

    facilitate intra-State transmission and wheeling of electricity

    issue licences for intra state transmission, distribution and trading.

    promote co-generation and generation of electricity from renewable

    sources of energy

    adjudicate upon the intra-state disputes

    specify or enforce standards with respect to quality, continuity and

    reliability of service by licensees;

    fix the trading margin in the intra-State trading of electricity

    12/8/20112/8/2014 24CERC

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    Regulatory Commission - a quasi judicial body

    Powers of Civil Court for the purposes of

    inquiry or proceedings under the Act.

    (Section 94)

    Powers to impose penalty for non-

    compliance of direction of Regulatory

    Commissions.

    Powers to adjudicate

    12/8/2014 27CERC

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    Accountability of Regulators

    Annual Report to be laid before the Parliament.

    Accounts of Regulatory Commissions to be

    audited by CAG.

    Appeal against the orders of Regulatory

    Commissions to lie before the Appellate

    Tribunal.

    12/8/2014 28CERC

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    Procedure for Regulations

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    PROCEDURE FOR PETITIONS

    PETITIONER RESPONDANTS

    ARGUMENTS

    ORDERSREVIEW

    PROCEEDINGS

    Appeal in

    Appellate

    Tribunal

    12/8/2014 30CERC

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    Appellate Tribunal Constitution of Appellate Tribunal consisting of Chairman,

    three Members (Technical and Judicial) and one Member

    with specialization in Petroleum Sector.

    Appellate Tribunal to hear appeals against the orders of

    CERC/SERC/PNGRB.

    The appeal to Appellate Tribunal should be filed within 45

    days of order issued by CERC/SERC/PNGRB.

    Appeal against the orders of Appellate Tribunal to lie before

    the Supreme Court within 65 days.

    Appellate Tribunal considered necessary to-

    Reduce litigation and delay in decisions through High Court.

    Provide technical expertise in decision on appeals.12/8/2014 31CERC

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    REGULATORY

    SCOPE/ACTIVITIES12/8/2014 32CERC

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    Generation

    No requirement of licence. Full freedom to captive generation.

    For hydro-generation clearance of CEA is necessary

    due to concern of dam safety and inter-State issues.

    Generation from Non-Conventional Sources / Co-

    generation to be promoted. Minimum percentage of

    purchase of power from renewables may be prescribed

    by Regulatory Commissions.

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    Trading/ Market development

    Trading distinct activity permitted with licensing.

    Regulatory Commission to specify technical

    requirement, capital adequacy requirement and credit

    worthiness for a trader.

    Regulatory Commission may fix ceiling on trading

    margin to avoid artificial price volatility.

    The Regulatory Commission to promote development

    of market including trading.

    12/8/2014 35CERC

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    Tariff

    Regulatory Commissions to determine tariff for

    Supply by Generating Company to distribution licensee

    through long term contract. For short term contracts only

    minimum and maximum ceiling of tariff.

    Transmission of electricity.

    Wheeling of electricity

    Retail sale to consumers by Licensee.

    12/8/2014 36CERC

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    Market Development - CERC initiatives

    Regulations on

    Short-term Open Access

    Grant of Connectivity, Long-term Access and Medium-

    term Open Access in inter-State Transmission.

    Grant of Regulatory Approval for execution of Inter-State

    Transmission Scheme to CTU

    Transmission Pricing

    Power Market

    12/8/2014 38CERC

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    CERC initiatives Special Features of CERC regulations on short-term open

    access

    Timelines for concurrence of SLDC in case use of

    intra-State system is involved

    Provision of deemed concurrence if SLDC does not

    decide within above timelines.

    SLDC to look at only two aspects:

    existence of metering infrastructure, and

    availability of surplus transmission capacity in the

    State network.

    12/8/2014 39CERC

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    CERC initiatives Features of CERC regulations on Grant of Connectivity,

    Long-term Access and Medium-term Open Access in inter-

    State Transmission

    Enabling transmission products of different varieties, standardization of

    procedures, defining time lines and ensuring level playing field among

    different categories of market players.

    Introduced medium-term Open Access to inter-State grid - for a period

    ranging from 3 months to 3 years.

    New regulatory provisions for seeking connectivity to grid.

    Discrimination between public and private sector generators on

    connectivity to grid, abolished.

    12/8/2014 40CERC

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    CERC initiatives

    Regulations on Grant of Regulatory Approval for executionof Inter-State Transmission Scheme to Central

    Transmission Utility

    This is to facilitate network expansion keeping in view

    the anticipated transmission needs without the

    requirement of prior agreement with the beneficiaries

    CERC has granted approval for investment (of about Rs.

    58000 Cr. ) to CTU for nine high capacity transmission

    corridors.

    12/8/2014 41CERC

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    CERC initiatives

    Regulations on Sharing of Inter State Transmission

    Charges and Losses

    National transmission tariff framework in line with

    vision of tariff policy.

    Sensitive to direction, distance and quantum;

    Addresses short-comings of existing system like

    pan-caking of charges, sharing of charges not

    being fully sensitive to distance and direction,

    pricing not efficient enough to address emerging

    market requirements.12/8/2014 42CERC

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    CERC initiatives

    Power Market Regulations

    Provide a road map for development of power

    market

    Define roles of various players in the market

    and phases of introduction of

    products/contracts.

    12/8/2014 43CERC

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    Volume of Open Access transactions

    (inter-State transmission)

    12/8/2014 Source: NLDC

    Market Development- Impact

    0.00

    5.00

    10.00

    15.00

    20.00

    25.00

    30.00

    35.00

    2004-05 2005-06 2006-07 2007-08 2008-09 2009-10

    11.8514.19 15.02

    20.96 21.92

    26.82

    2.77

    7.09

    Volume(BUs)

    Electricity Transacted by Trading Licensees Electricity Transacted by Power Exchanges

    44CERC

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    Investment promotion:

    CTU has received 225 applications from privatedevelopers for Long Term Open Access amounting to

    1,62,898 MW

    Phase 1: 42,108 MW (LTOA granted to 43 applicants )

    Bank guarantee of 875 Cr given by developers andBPTA signed Geographical locations

    Pit-head coal Orissa, Chhattisgarh, Jharkhand Coastal with port facilities - Andhra Pradesh, Tamil

    Nadu Hydel sitesSikkim

    12/8/2014

    MarketDevelopment-Impact

    46CERC

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    Grid discipline - IEGC

    IEGC and UI regulations amended to ensure greater griddiscipline .

    Operational frequency band tightened from 50.3 Hz

    to 49.2 Hzto 50.2 to 49.5 Hz.

    This is aimed at ensuring better performance of

    generating stations and user appliances.

    All users of inter-State grid including distribution

    utilities will also now be directly responsible for griddiscipline and load management, in addition to

    SLDCs.

    12/8/2014 47CERC

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    Grid Discipline - Restructured UI mechanism UI regulations amended to send a message that UI mechanism should not be

    used as a trading tool

    Underdrawls and over injections beyond the permissible quantities,

    disincentivised and priced at lower rates

    in order to push more electricity to organized electricity markets and

    to further discourage use of UI mechanism for sale of electricity,

    Additional UI charge of 40% on the normal UI rate (Rs. 8.73 per unit),

    applicable at grid frequency below 49.5 Hz instead of 49.2 Hz

    to more effectively curb the tendency of some states to heavily

    overdraw

    Additional UI rate has been made 100% on overdrawals when grid

    frequency is below 49.2 Hz

    to put further exemplary deterrent on overdrawls

    Improvements in grid frequency profile subsequent to CERC regulation on IEGC

    and UI

    12/8/2014 48CERC

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    Improvement in Grid profile

    12/8/2014

    0

    10

    20

    30

    40

    50

    60

    70

    80

    90

    100

    1 6 11 16 21 26

    Percentage

    Day

    NEW Grid Fequency Profile April 10- May10

    Frequency Profile in May10 ( 49.5-50.2)

    Frequency Profile in April10 ( 49.5-50.3)

    Frequency Profile in June10 ( 49.5-

    49CERC

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    Grid discipline - constraints

    Disconnection almost impossible in meshed system

    Centre-State issues

    J&K defaulting in UI payments, difficulties in

    disconnection.

    12/8/2014 50CERC

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    Thank Youwww.cercind.gov.in