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  • ABT, Section 43 A(2) of the Electricity (Supply) Act, 1948
  • Section 43-A(2) of the Electricity (Supply) Act, 1948,
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Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
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  • ABT, Section 43 A(2) of the Electricity (Supply) Act, 1948
  • Section 43-A(2) of the Electricity (Supply) Act, 1948,
Smart Summary

Structured Summary of the Provided Opinion

Factual and Procedural Background

The Government of India considered introduction of an Availability Based Tariff (ABT) structure as part of power sector reforms. Before ABT could be notified, Section 43-A(2) of the Electricity (Supply) Act, 1948 was omitted with effect from 15 May 1999. Consequent to this omission, the matter was referred to the Commission for finalisation after hearing. The Commission considered ABT in Petition No. 2/99 and disposed of that petition by an Order dated 4 January 2000, directing implementation of ABT with effect from 1 April 2000 in the Southern Region and later dates in other regions. The tariff schedule for thermal stations was annexed to that Order, but the schedule for hydro stations was deferred pending further technical discussion.

While the hydro schedule remained under consideration, National Hydroelectric Power Corporation Ltd. (NHPC) filed Review Petition No. 17/2000 seeking review of aspects of the 4 January 2000 Order as they apply to hydro stations. The Commission admitted the review petition but held its hearing in abeyance so that it could be heard together with proceedings to finalise the hydro schedule.

The Commission engaged consultants (SNC-Lavalin of Canada) to prepare a draft hydro schedule. The draft was circulated and the draft schedule and NHPC's review petition were heard together. Several utilities and beneficiaries (NHPC, UPPCL, RVPNL, DVC, PGCIL, PSEB, CEA) filed responses or participated in hearings. The Commission considered written submissions and oral arguments and issued a final order which: (a) finalised a hydro schedule for NHPC in the Northern and Eastern Regions (annexed to the order), (b) set the hydro schedule to take effect from 1 April 2001, (c) made specified amendments to the earlier ABT Order dated 4 January 2000, and (d) disposed of Review Petition No. 17/2000.

Legal Issues Presented

  1. Whether the draft hydro schedule (prepared by consultants) and the Commission's proposed methods for calculating primary and secondary energy charges and incentives for hydro stations are appropriate and should be finalised.
  2. Whether NHPC was denied a reasonable opportunity to object to the Committee on Hydro Tariff recommendations regarding the method of calculating the rate of primary energy.
  3. Which method of measuring availability should apply to hydro stations: the conventional PLF/availability method or the Capacity Index proposed in the draft hydro schedule.
  4. How to calculate primary energy rate for hydro stations (including whether to use 90% of the least variable cost of thermal stations, whether to divide by factor (1 - r), and the application to primary and secondary energy charges).
  5. Whether the Unscheduled Interchange (UI) mechanism should apply uniformly to hydro stations during periods of increased inflow and whether UI should be zero during such periods.
  6. How to treat spillage of water (whether to record gate opening, when energy charges for spillage are payable and who bears them).
  7. How incentive payments should be structured and whether incentive calculation should be linked to PLF, capacity index, or actual generation; and the timing of incentive payments (monthly or yearly).
  8. Whether system electrical conditions (voltage, frequency, power factor) should be included in declared/maximum available capacity for calculation of Capacity Index.
  9. Whether the concept of deemed generation should be allowed for hydro stations or whether alternative protections under Capacity Index obviate deemed generation.

Arguments of the Parties

National Hydroelectric Power Corporation Ltd. (NHPC)

  • Contended that the method of calculating primary energy in the ABT Order is based on Committee recommendations but no objections were invited; objected to using 90% of least variable cost and argued primary energy should be either the variable charge of the thermal station asked to back down or 100% of the least variable cost.
  • Plead that hydro energy rates should not be fixed lower than existing rates and for old stations 50% should be capacity charge and 50% energy charge.
  • Objected to the treatment of unscheduled interchange (UI): saying that deeming scheduled generation to be revised in case of increased inflow would make UI zero during high inflow periods but still apply during low inflow periods, disadvantaging NHPC; argued UI should apply uniformly.
  • Suggested daily recording of gate opening to check spillage; asserted that PLF concept is alien to hydro stations.
  • Expressed satisfaction that incentive payment and sent out capability were taken care of in the draft schedule.

Power Grid Corporation of India Ltd. (PGCIL)

  • Argued that “maximum available capacity” in Capacity Index should be replaced by “rated output capacity.”
  • Supported omission of factor (1 - r) used as denominator for computation of primary energy rate.
  • Contended that spillage caused by system constraints should not be to the beneficiaries' account given an achievable capacity index target and secondary energy revenue assumptions.
  • Observed that for old plants where charges are paid off, incentive payment could be negative and setting capacity charge to zero would remove incentives to maintain machines.

Punjab State Electricity Board (PSEB)

  • Submitted that incentive should be calculated based on actual PLF rather than Capacity Index.
  • Argued that 90% of least variable cost of thermal stations should be an upper limit for hydro primary energy charges.
  • Supported deletion of factor (1 - r) for calculating energy charges, particularly secondary energy, asserting secondary energy is produced at zero cost; alternatively sought to cap secondary energy to 5 paise/unit for existing stations.
  • Suggested that if actual generation falls short of design energy, old hydro stations (beyond seven years of operation) may lose certain facilities.

Damodar Valley Corporation (DVC)

  • Argued for limiting unscheduled interchange charges and restricting Return on Equity to 12% and fixing normative target availability for hydro at 90%.
  • Proposed that charges for loss of generation attributable to a party should be borne by that party.
  • Suggested changes to the formula for calculation of incentive payment.

Rajasthan Vidyut Prasaran Nigam Ltd. (RVPNL)

  • Generally endorsed submissions made by PSEB.

Uttar Pradesh Power Corporation Ltd. (UPPCL)

  • Argued incentives earned in a year should be paid in the next year (monthly payment equals advance).
  • Proposed that cost of deemed generation due to transmission constraints be borne by the transmission utility and that deemed generation payments be deducted from Annual Fixed Charges in capacity charge formula.
  • Pleaded for a disincentive if generator fails to achieve 100% Capacity Index.
  • Argued against equating secondary energy charges with cost of primary energy; suggested secondary energy rate be limited to 10% of unit cost of primary energy.
  • Sought replacement of “normative availability” by “0.95” (availability at which design energy is set per CEA techno-economic clearance).

Central Electricity Authority (CEA)

  • Pointed out that dividing primary/secondary energy rates by factor (1 - r) (to adjust for 12% free energy for home state) makes hydro no longer the cheapest source of power.
  • Argued that including system electrical conditions in scheduling would complicate the scheduling procedure.
  • Recommended introduction of a methodology for monitoring spillage from hydro plants.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Commission considered written submissions and oral arguments and proceeded to address the central points raised by parties. The analysis and reasoning can be summarized in the following steps, reflecting only what appears in the opinion:

  1. On NHPC's contention that it was denied opportunity to object to the Committee on Hydro Tariff recommendations, the Commission noted that NHPC was a member of that Committee and thus was aware of issues and recommendations. For that reason, NHPC could not now raise the objection—this formed the basis for rejecting NHPC's procedural challenge.
  2. On the measurement of availability, two methods were before the Commission: a conventional availability/PLF method and the Capacity Index (CI) method proposed by consultants (SNC-Lavalin) and incorporated into the draft hydro schedule. NHPC favoured Capacity Index; the Commission found Capacity Index to be an improvement over the conventional method and adopted it. The Commission detailed the CI formula and interpretation (Declared Capacity / Maximum Available Capacity × 100), defined Declared Capacity and Maximum Available Capacity, and explained daily and annual CI computation.
  3. Regarding system electrical conditions (voltage, frequency, power factor) the consultants had recommended including these in declared/maximum available capacity. However, because an accepted practical scheme for making such corrections was not available and could create practical difficulties, the Commission excluded system electrical conditions from the Capacity Index calculation.
  4. On inflow forecasting and spillage, the Commission directed NHPC to develop inflow measurement/forecasting capability (equipment, communication, staff) and to submit a comprehensive scheme with costs for Commission approval. As an interim measure NHPC may source inflow data from Central Water Commission (CWC) and local authorities. The Commission directed CWC/Ministry of Water Resources to provide available inflow data to NHPC to assist forecasting.
  5. On primary energy rate and incentives, the Commission recognised a potential anomaly: if variable charges of thermal plants rose over the tariff period, the hydro primary energy charge (set at 90% of least variable cost) could increase and thereby reduce incentives, without fault of the generator. To remove the anomaly for incentive calculation, the Commission directed that the primary energy rate for hydro plants for the first year of the tariff period shall be kept constant for the entire tariff period for incentive purposes (while for billing/calculation of primary energy charge year-to-year the previously ordered 90% of least variable cost of Central Sector thermal plants shall continue to be applied).
  6. On deemed generation and spillage payments, the Commission agreed with beneficiaries that the concept of deemed generation should not generally be allowed because the Capacity Index protection enables recovery of capacity charges if the generator maintains machine availability and uses available water. However, where generation is reduced due to reasons beyond the generating company's control—specifically non-availability of the board's transmission lines or receipt of backing-down instructions from the Regional Load Despatch Centre—which result in spillage, the energy charges on account of such spillage shall be payable to the generator. Apportionment of such energy charges among beneficiaries shall be in proportion to their shares in the station's saleable capacity, but such charges shall not be admissible if annual energy generation equals or exceeds design energy.
  7. On the use of factor (1 - r): some parties objected to dividing primary and secondary energy rates by (1 - r). The Commission reiterated that to facilitate merit order dispatch it had fixed primary energy at 90% of the lowest variable thermal charge in the ABT Order dated 4.1.2000. The Commission decided that the factor (1 - r) shall be used with both primary and secondary energy rates to account for free power to the home state.
  8. The Commission specified the objectives and practical contours of Capacity Index: (a) minimize water spillage, (b) make peak capacity available when required. It explained operational aspects during monsoon and dry seasons and illustrated evaluation of CI with an example table (Chamera illustration).
  9. Consequent to finalising the hydro schedule, the Commission identified necessary modifications to the ABT Order (e.g., clarifications on applicability in dry season, deletion of a paragraph pertaining to incentive reckoning, and interpreting ‘PLF’ as “Capacity Index” for hydro contexts).

Holding and Implications

Core Rulings:

  • HYDRO SCHEDULE FINALIZED: The Commission finalised the Hydro Schedule for NHPC in the Northern and Eastern Regions and annexed it to the Order.
  • EFFECTIVE DATE: The hydro schedule shall take effect from 1 April 2001.
  • REVIEW PETITION DISPOSED: Review Petition No. 17/2000 stands disposed of.

Implications and direct consequences for the parties (as stated in the opinion):

  • The Capacity Index replaces the conventional concept of PLF/Availability for hydro stations; PLF references in the ABT Order, in the hydro context, shall be construed as Capacity Index.
  • Declared Capacity and Maximum Available Capacity are defined for CI computations; CI excludes system electrical conditions pending an accepted practical methodology to account for them.
  • The primary energy rate for billing continues to be 90% of least variable cost of Central Sector thermal plants of the region year-to-year, but for incentive calculations the primary energy rate shall be fixed at the first year's rate throughout the tariff period to avoid unintended reduction of incentives due to thermal variable cost inflation.
  • The concept of deemed generation is generally not allowed; however, energy charges for spillage caused by reasons beyond the generator's control (transmission non-availability or backing down by RLDC) shall be payable and apportioned among beneficiaries pro rata to saleable capacity shares, except where annual generation equals or exceeds design energy.
  • The Commission directed NHPC to prepare and submit a comprehensive scheme (with costs) for forecasting/measurement of inflows and directed the Central Water Commission/Ministry of Water Resources to provide inflow data. Concerned Regional Load Despatch Centres shall certify deemed generation in line with the order.
  • Specific amendments to the earlier ABT Order were made: (i) an addition relating to applicability in dry season, (ii) deletion of a paragraph on the method of reckoning incentive, and (iii) treating ‘PLF’ as “Capacity Index” in hydro contexts.

The opinion does not state that it establishes or recognizes any binding judicial precedent beyond finalising administrative/regulatory measures embodied in the hydro schedule and amendments to the ABT Order. Its legal effect is the finalisation and implementation of the hydro schedule as part of the ABT framework and disposal of the pending review petition.

    National Hydroelectric Power Corporation Ltd. v. Union Of India

    As a part of reform process in power sector, the Government of India had considered introduction of Availability Based Tariff (ABT) structure. However, before the Government could notify ABT, Section 43 A(2) of the Electricity (Supply) Act, 1948 was omitted wef 15th May, 1999. Therefore, consequent to the omission of Section 43-A(2) of the Electricity (Supply) Act, 1948, the matter was referred to the Commission for finalisation after hearing. The Commission considered introduction of ABT in Petition 2/99, which was finally disposed of vide the Commission's Order dated 4th January, 2000. The Commission had directed implementation of ABT wef 1st April, 2000 in Southern Region and from subsequent dates in other regions. The tariff schedule for thermal stations was annexed to the Order dated 4th January, 2000. As regards schedule for hydro stations, the Commission directed that pending further technical discussions the schedule would be released subsequently.

    2. While finalisation of schedule for hydro stations was under consideration of the Commission, National Hydroelectric Power Corporation Ltd. (NHPC) filed a review petition (No. 17/2000) seeking review of certain aspects of the order dated 4th January, 2000 in relation to their applicability to hydro stations. The main issues raised by NHPC are in regard to method of calculating the rate of primary energy; reduction in rate of primary energy and consequential reduction in the rate of secondary energy; application of unscheduled inter change mechanism to hydro stations; PLF for hydro stations; system of payment of incentive and sent out capability of hydro station. As we have noticed earlier the schedule for hydro stations was yet to be finalised. The Commission was, therefore, of the opinion that once the schedule for hydro stations was issued, the issue raised by NHPC in its review petition may get addressed. We, therefore, admitted, the review petition. However, hearing of the review petition was held in abeyance so that it could be heard along with the proceedings to be held for finalisation of the schedule for hydro stations.

    3. The Commission assigned the consultancy for preparation of hydro schedule to SNC-Lavalin of Canada. The draft schedule submitted by the Consultants to the Commission was circulated to NHPC and other utilities and beneficiaries. The review petition filed by NHPC and the Draft Hydro Schedule submitted by the Consultants were heard together.

    4. The response on the Draft Hydro Schedule was filed by NHPC, UPPCL, RVPNL, DVC and PGCIL. The representative of UPPCL and DVC did not participate in the oral hearing, while the representatives of PSEB and CEA took part in the proceedings though no response was filed by them. NHPC in its written submission has pointed out that the method of calculating primary energy as given in ABT Order of the Commission is based on the recommendations of the Committee of NTF on hydro tariff on which no objections were invited by the Commission from the concerned parties. It further stated that the rate of primary energy was taken as 90% of least variable cost of the thermal station. NHPC has objected to consideration of 90% of the least variable cost. According to NHPC, the rate of primary energy could either be equivalent to variable charge of thermal station which has been asked to back down or it could be 100% of the least variable cost. It has pleaded that the energy rate of hydro station should not be fixed lower than the existing rates. NHPC has further pleaded that for old stations, 50% be taken as capacity charge and balance 50% as the energy charge. In regard to unscheduled interchange mechanism, NHPC pointed out that the Commission has ordered that in case of increase in inflow of water, the scheduled generation shall be deemed to have been revised thereby meaning that in case of higher inflow of water the UI mechanism will be zero. In other words, it would imply that the UI mechanism will not be applicable on hydro stations during high inflow period, though it will apply during low inflow period which is to the disadvantage of NHPC. It contended that the UI mechanism should apply uniformly. On the question of checking of spillage of water, NHPC argued that the operators of the plant could be directed to make daily record of gate opening to know about the extent of spillage, if it occurs. According to NHPC the concept of PLF is alien to hydro stations. On the questions of incentive payment and sent out capability, NHPC is satisfied that these have been taken care of in the draft schedule.

    5. PGCIL in its written submission pleaded that the concept of “maximum available capacity” as a component of Capacity Index as per the draft hydro schedule be replaced by the concept of “rated output capacity”. It has also argued in favour of omission of factor of (1 - r) used as denominator for computation of primary energy rate. It has further stated that the spillage of water caused by the system constraints should not be to the beneficiaries account since the generator is being allowed an easily achievable capacity index target of 85% and a provision regarding extra income through secondary energy revenue in 9 out of 10 years has already been made. According to PGCIL, in the case of old plants when all the charges have been paid off, the incentive payment would work out to be negative and in that case the capacity charge would be set to zero, which will not provide any incentive to the generator to maintain its machines.

    6. PSEB in its oral submissions, has submitted that incentive should be calculated based on the actual PLF and not on the basis of capacity index. It has argued that the charges equivalent to 90% of the least variable cost of the thermal power stations in a region should be kept as the upper limit of primary energy charges of hydro stations. PSEB at hearing also argued in favour of deletion of factor (1 - r) for the purpose of calculating energy charges, particularly the secondary energy charge, as the secondary energy is produced at a zero cost. In any case PSEB argued in favour of limiting the secondary energy rate to 5 paise per unit for the existing stations. PSEB also pleaded that in a situation when actual energy generation falls short of design energy, the implementation schedule may specify that this facility will no longer be available to old hydro stations which have completed 7 years of commercial operation. DVC in its response argued in favour of limiting the unscheduled interchange charges, restricting RoE to 12% and for fixing normative target availability for hydro stations at 90%. It has also submitted that the charges on account of loss of generation for the reasons attributable to a party should be borne by that party alone. It has also suggested certain changes to the formula for calculation of incentive payment. RVPNL has generally agreed with the submissions made on behalf of PSEB.

    7. UPPCL has argued that incentive earned in a year should be paid in the next year since the provision for payment of incentive on monthly basis included in the draft schedule amounts to advance payment of incentive. It has also stated that cost of deemed generation on account of transmission constraints be borne by the transmission utility and the amount paid to the generator on account of deemed generation should be deducted from the Annual Fixed Charges in the formula for capacity charge. It has pleaded for incorporation of a provision for disincentive in case generator fails to achieve 100% capacity index. UPPCL has also argued against equating secondary energy charges with cost of primary energy and has pleaded that the secondary energy rate should be restricted to 10% of unit cost of primary energy. It has also argued in favour of replacement of “normative availability” by “0.95” which is the availability of the plant at which design energy is set to be generated as per techno-economic clearance given by CEA.

    8. CEA in its oral submissions has pointed out that by adjusting for 12% free energy for the home state i.e by dividing the primary energy rate for hydro plant by factor (1-r) hydro is no longer the cheapest source of power. According to the CEA, the inclusion of system electrical conditions in the scheduling will complicate the scheduling procedure. CEA has also argued that an appropriate methodology for monitoring the spillage from hydro plants should be introduced.

    9. We have carefully considered the contentions raised on behalf of the parties in their written submissions as also the submissions made at the hearing. On the objection raised by NHPC regarding denial of reasonable opportunity for filing objections to the recommendations of Committee on Hydro Tariff on the questions of method of calculating rate of primary energy, we find that NHPC was represented on the said Committee. As a member of the Committee, NHPC was fully aware of the issues discussed and its recommendations. As such, NHPC cannot be permitted to raise this issue at this stage.

    10. On the question of calculating availability, we have two methods before us. One is the conventional method and the other one is based on Capacity Index as incorporated in the draft hydro schedule prepared by the consultants. NHPC has favoured the concept of Capacity Index suggested by the consultants (SNC-Lavalin), since it takes care of most of the issues raised by NHPC in its review petition. We are satisfied that the concept of calculating capacity index marks an improvement over the conventional method and, therefore, decide in its favour.

    11. During the hearing on review petition we had asked NHPC to devise a system by which the inflows likely to be available within the next 24 hours and particularly during the next 3-4 hours should be forecast. We had desired that NHPC should intimate to the Commission about the estimated time frame for the implementation of such scheme. NHPC has submitted in writing that they propose to establish the inflow measurement units at the upstream of the storage structure by providing inflow measurement equipment, communication wireless equipment and the staff to operate the same. For establishment of these units, required action will be taken in a phased manner. As an interim measure, NHPC will also explore the possibility of getting the inflow data from other sources like Central Water Commission (CWC), local state authorities, etc. who may be carrying out such measurements upstream of various NHPC projects in their normal performance of duties. Meanwhile, NHPC is directed to prepare a comprehensive scheme, with associated costs involved for forecasting/measurement of inflows for all the projects and submit the same for the approval of Commission. The Central Water Commission, Ministry of Water Resources shall provide to NHPC the data of inflows of its projects to help in forecasting of inflows for maximising generation at its power stations.

    12. The consultants in their recommendations have stated that the declared capacity/maximum available capacity for calculation of Capacity Index should include prevailing electrical conditions of the system, including voltage, frequency and power factor. However, proper scheme/methodology for declaration of declared capacity as well as the maximum available capacity duly taking into account the above parameters is not available. In the absence of an accepted scheme required to carry out the corrections under the desired conditions of the system as mentioned above, these may give rise to practical difficulties rather than improving the existing arrangement. We are, therefore, of the view that the capacity index of the hydro plant shall exclude the provisions of system electrical conditions.

    13. Incentives for hydro stations are linked with capacity index, capacity charge and primary energy charge. In the Commission's Order dated 4th January, 2000 the rate for primary energy is stated to be 90% of the least variable cost of Central Sector thermal plants of the concerned region. It is likely that with the inflation in the economy, the variable charge of thermal plants may increase from time to time thereby causing increase in primary energy charge. This will consequently result in reduction in the incentives with no fault on the part of generator. To remove this anomaly, it is directed that the primary energy rate of the hydro plants for the first year of the tariff period shall be kept constant throughout the entire tariff period for incentive purposes based on capacity index only. However, for calculation of primary energy charge, 90% of the least variable cost of Central Sector thermal plants of the concerned region from year to year shall be adopted as already ordered by the Commission in its Order dated 4.1.2000

    14. We agree with the submissions made by some of the beneficiaries that concept of deemed generation should not be allowed. We consider that in case of failure of hydrology, if the generator is able to maintain availability of its machines and utilises all the available water for production of electricity, it may be able to achieve the normative capacity index and recover full capacity charges. As such, the concept of deemed generation for the purpose of capacity charges need not be adopted any more because of protection available to the generator under the new concept of capacity index. However, in case of reduced generation due to the reasons beyond the control of generating company and non-availability of board's transmission lines or on receipt of backing down instructions from the concerned Regional Load Despatch Centre and if it results in spillage of water, the energy charges on account of such spillage shall also be payable to the generator. Apportionment of energy charges for such spillage among the beneficiaries shall be in proportion to their shares in saleable capacity of the station. We further direct that such energy charges shall not be admissible if the energy generation during the year is equal to or more than design energy.

    15. CEA, PGCIL and PSEB have raised objection on dividing the primary energy rate and secondary energy rate with factor (1-r) in computation of primary and secondary energy charge in para 8 of the schedule. To facilitate merit order despatch for hydro stations, we had decided to fix the rate for primary energy at 90% of the lowest variable charge of the thermal station of the concerned region in our ABT order dated 4.1.2000 The factor (1-r) shall however be used with both primary as well as secondary energy rates (to take into account the free power delivered to the home state) both for primary & secondary energy charges.

    16. The Commission has decided to implement the concept of Capacity Index in place of ‘Availability’. The basic criteria for Capacity index are:

    a) Water spillage must be minimized

    b) As far as possible, the peak capacity of each plant must be available when most required by the system.

    17. Availability of a hydro station for any period shall be based on the Capacity Index (CI) declared for the day. CI is defined as follows:

    Declared Capacity (MW)

    Capacity Index = ———————————————————————— × 100

    Maximum Available Capacity (MW)

    Where,

    Declared capacity (MW) is the capacity to be available from the plant over the peaking hours of the next day, as declared by the generator. The peaking hours shall be not less than 3 hours within a 24 hour period, and

    Maximum available capacity (MW) is the maximum capacity the plant could generate with all units running, under the prevailing conditions of water levels, flows and with 100% gate openings.

    The annual capacity index is the average of the daily capacity indices over a full year.

    18. The various aspects of capacity index during monsoon and dry season are:

    i) During the monsoon, full capacity of each type of station is required for the full day.

    ii) For the dry season, run-of-river plant (without pondage) is required to the extent that no water is spilled. This means that provided urbine/generators are available for all the water in the river, the plant is considered 100% available. For the plants that have storage (pondage type), since these may be despatched at any time of the day, all machines are required to be available. However, due to limited storage available, they may be required to run for only 3 hours per day (peak period). In the case of large dams, where water levels in the reservoir vary during the year affecting storage capacity, the current storage capacity of the dam is to be considered.

    19. To summarize, during the monsoon period all machines are required to be available 24 hours per day for all types of plants. Apart from the run-of-river plant, during the dry season all machines are required to provide maximum capacity for at least 3 hours per day.

    20. The concept of Capacity Index is further explained with the help of following table:

    Evaluation of CI for a plant with reservoir/pond

    Typical case of Chamera (3×180 MW)

    (For illustration purposes only)

    Reservoir Level (M) Units Available Maximum Capacity (MW) Declared Capacity (MW) Capacity Index 760 3 540 540 100 760 2 540 360 67 756 3 524 524 100 752 3 509 509 100 750 3 501 501 100 747 3 490 490 100 747 1 490 163 33

    21. It may be seen from the above table that:

    (a) When all the three generating units are available to utilize water available corresponding to full reservoir level (760m), the station would achieve 100% Capacity Index.

    (b) When two out of total three units are available, corresponding to the same reservoir level of 760 m, the declared capacity will be less than in the previous case, thereby causing reduction in the capacity index.

    (c) When all the generating units are available but the water in the reservoir is less than that required to run all the machines (corresponding to reservoir level of 747 M), 100% capacity index can be claimed by the generator.

    22. In order to earn the incentive, a generator has to achieve higher capacity index above the normative value of 85%. This would require extra efforts on the part of the generator to maintain the availability of its machines.

    23. In the light of the foregoing discussion, we have finalised the Schedule for Hydro Stations of NHPC in Northern and Eastern Regions which is annexed to this order. The schedule for Hydro Stations in NE Region shall be issued separately.

    24. The Hydro Schedule annexed to this order shall form part of the ABT order dated 4-1-2000.

    Modifications to ABT Order

    25. As a consequence of finalisation of the schedule, certain amendments to original ABT Order dated 4.1.2000 have become necessary. These are as follows:

    i) In Para 5.12.5 (i), following shall be added at the end:

    The same shall be applicable in case of less inflows in dry season as well.

    ii) Para 5.12.5 (v) pertaining to the method of reckoning the incentive stands deleted.

    iii) The word ‘PLF’ wherever appearing in the context of hydro stations shall be construed as “Capacity Index”.

    26. We direct NHPC to prepare a comprehensive scheme, with associated costs involved, etc, for forecasting/measurement of inflows for all the projects and submit the same for the approval of Commission. Central Water Commission, Ministry of Water Resources, shall provide to the NHPC the available inflows data of its projects to help them in the forecasting of inflows for maximising generation at their power stations. The concerned RLDCs shall provide the necessary certification of deemed generation in the light of directions contained in para 14 of this order.

    27. The schedule for hydro stations shall take effect from 1.4.2001

    28. With the above order, Review Petition No. 17/2000 stands disposed of.

    29. A copy of this order shall be sent to Ministry of Water Resources and Central Water Commission for their necessary action.

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    National Hydroelectric Power Corporation Ltd. v. Union Of India
    (Dec 8, 2000)