BULK POWER TRANSMISSION AGREEMENT
BETWEEN
………………………………………
AND
GUJARAT ENERGY TRANSMISSION CORPORATION LTD.
This Power Transmission Agreement hereinafter called the “ Agreement” entered into on the 21st December 2010, between GUJARAT ENERGY TRANSMISSION CORPORATION LIMITED, a Company incorporated under the companies Act, 1956 and wholly owned by Government of Gujarat, having its registered office at Additional Chief Engineer (Commerce) (Transmission), Sardar Patel Vidyut Bhavan, Race Course, Vadodara – 390007. (hereinafter called “GETCO” which expression shall unless repugnant to the context or meaning therof incluse its successors and assigns) as party of the first part; and …………………….. Ltd, having its regd office at ……………………………… (hereinafter called “Long term transmission Customer” which expression shall unless repugnant to the context or meaning thereof include its successors, and assigns) as party of the second part.
And whereas Gujarat Energy Transmission Corporation Limited is a company wholly owned by the Govt. of Gujarat and was established with a view to develop the State grid to ensue transmission of power within and across the different regions of Gujarat on more scientific, efficient and economic basis.
As where ……………………….. Ltd has setup its ……..(……………..) MW Power Plant at …………………...
As where as……………………… Ltd is desirous of Transmission of its Power from Power Plant at …………….., District ………..,Gujarat, within the state of Gujarat and has requested GETCO to transmit the power to the beneficiaries within Gujarat on mutually agreed terms and conditions mentioned hereunder.
And whereas the Long term transmission customer is a Generating Companyas per the provisions of EA 2003 and is desirous to avail Long Term Open Access in accordance with Gujarat Electricity Regulatory Commission Order No.3 of 2011 Dtd.1-6-2011 (Terms and Conditions of Intra state Open Access) regulation 2011as amended from time to time and Electricity Act 2003.
And whereas in accordance with Gujarat Electricity Regulatory Commission Order No.3 of 2011 Dtd.1-6-2011 (Terms and Conditions of Intra state Open Access) regulation 2011 as amended from time to time, Long Term Open Accessshall be allowed by GETCO to Open Access customer within the state of Gujarat.
Now therefore in consideration of the premises and mutual agreements, covenants and conditions set forth herein, it is agreed by and between the parties as follows:
1.Injection Consumer / Company
Name :………………………………..
Location:……………, District ……., Gujarat
Transmission / Distribution Licensees:GETCO
Capacity (MW):……..(…………..) MW
Drawee Consumer / Company (ies)
Name :
Location :
Transmission/Distribution Licensees(s) :GETCO
Capacity(MW):
Date from which the Long Term Open Access is required DTD……………………….
- ALLOCATION OF POWER FROM
The transmission of power would be subject to opening/enhancing irrevocable revolving letter of credit by ……………………. Ltd to cover full amount of twomonthly billing to be raised by GETCO as per the Transmission charges approved by GERC for timely payment to GETCO. The operation of LC shall not be dependent on the recoupment of the amount by ……………………….. Ltd.
The supply of power would be coordinated by State Load Dispatch Center (SLDC). The supply to GETCO shall be made on radial basis from the Generating power plant.
3. TARRIF AND TERMS AND CONDITIONS
The tariff applicable to ………………. Ltd would be the tariff of the transmission system of GETCO in the Gujarat as approved by GERC from time to time from where the supply of the power to beneficiaries of ………………. LTD is mentioned in the State Energy Accounts issued by SLDC.
If any of the terms and conditions of the Agreement with beneficiaries differs from the corresponding specific provision of Agreement then terms and conditions of this Agreement shall prevail.
The transmission charges for the total State Transmission System shall be calculated on monthly basis and shall be leviable to each beneficiary as per the formula prescribed in the GERC No.3 of 2011 Dtd.1-6-2011 (Terms and Conditions of Intra state Open Access) regulation 2011 and ARR of GETCO. The transmission tariff of dedicated transmission line and terms and conditions for transmission of power shall be as per the approval of GERC or as may be agreed with the Long Term Open Access Customer and GETCO which shall also form an integral part of this Agreement which would be subject to determination / revision by GERC from time to time. In case no beneficiaries for the full or part quantum of committed evacuation of power (………. MW) are found by ………………pvt. Ltd, the full Transmission charges of ………. MW shall be payable by ……………………. Ltd on monthly basis from the date mentioned under para 1 of this Agreement for the term of this Agreement.
- STATE ENERGY ACCOUNTS
It is specifically agreed between the parties that ……………….. LTD shall accept without any reservation and condition the State Energy Account issued by SLDC. ………………. LTD shall accept and make full payment to GETCO in respect of the GETCO bills raised on this basis. Any change in the State Energy Account methodology by SLDC shall also be binding on all concerned.
- ESTABLISHMENT OF LC AND PAYMENT OF BILLS
- GETCO Corporate office, shall present bills for transmission charges to all the long term open access customers on monthly basis. In event of any revision in Regional Energy Account issued by WREB & State energy account issued by SLDC Gotri, GETCO shall adjust the difference between the amount already billed and revised amount by raising a supplementary bill along with a debit/credit note as the case may be.
- Payment of bills shall be made by Long Term Open Access user through irrevocable revolving Letter of Credit (LC) to be opened in the favor of GETCO. LC shall be established for amount equivalent to two months billing.
- Further the bank guarantee equivalent to 2 (two) months estimated monthly billing would also be required to be furnished in favour of “Gujarat Energy Transmission Corporation Limited”, which would be in place on the date of signing this Agreement of LTOA with validity upto 1 (one) month after the expiry of LTOA period.
The Long Term Open Access user will be communicated by GETCO an approximate amount of LC required based on total approved transmission charges of GETCO and the ratio of capacity to be booked by the long term open access customer.
- LC Shall be without any limitation or restriction with regard to the manner and dates on which the bill can be presented to the concerned banks by GETCO. The bills so presented by GETCO to the bank shall be promptly paid on their presentation. The amount of LC shall be reviewed by GETCO every quarter commencing from April, July, October and January in each financial year and the amount of LC shall be enhanced/reduced, as necessary. The LC charges shall be borne by the respective Long Term Open Access Users.
- All the Long Term Open Access users shall open a Letter of Credit three months prior to the date of signing of this Transmission Agreement.
- All such direct payment shall be paid by the Long Term Open Access users to GETCO through a cheque/ECS/EFT/Demand Draft.
- The transmission charges for the total state transmission system of GETCO shall be calculated on monthly basis and shall be leviable to each beneficiary as per the formula prescribed in the GERC No.3 of 2011 Dtd.1-6-2011 (Terms and Conditions of Intra state Open Access) regulation 2011 and/or subsequent tariff notifications/ARR issued by GERC from time to time.
- The bills of GETCO shall be paid without any deductions.
- In case of Letter of Credit is not established or maintained by the Long Term Open Access user the same shall be considered as default the Open Access granted by GETCO shall stand cancelled.
- ENCASHMENT / DISCHARGE OF BANK GUARANTEE
The Bank Guarantee will be encashed in case the applicant defaults on payment of transmission charges. The Bank Guarantee shall be recouped and remain valid upto one month after LTOA period.
In case any request for downsizing the power transfer is received after signing of the BPTA and submission of Bank Guarantee, any adjustment of Bank Guarantee shall be carried out after expiry of the LTOA term.
All costs/expenses/charges associated with the application, including bank draft, bank guarantee,LC etc. shall be borne by the LTOA applicant
6.0Late payment surcharges :
In case the payment of bills of Transmission charges by the beneficiary or beneficiaries is delayed beyond a period of 5 working days from the receipt of the bill, late payment surcharge at the rate of 1.25% per month on billed amount shall be levied on the amounts remained unpaid after the said date in proportion to the number of days of delay after the said date. The late payment surcharge amount shall also be payable along with the next bill.In case …………………. Ltd fails to make payment of the amount due to them within 60 days of issue of Invoice the Long Term Open Access granted shall be discontinued by GETCO due to non payment of Transmission charges and actions shall be initiated under section 142 of the Act in addition to the action underSection 56 of EA 2003.
7.0 Long term Transmission customer shall in addition to Transmission charges pay O & M charges for the dedicated transmission system of GETCO as mentioned above to be exclusively used for the open access for the Long term transmission customer.
8.0GETCO agrees to provide Long Term Open Access required by Long term transmission customer as per the details mentioned above and in accordance with the Regulations under the Gujarat Electricity Regulatory Commission (No.3 of 2011 Dtd.1-6-2011 (Terms and Conditions of Intra state Open Access) regulation 2011 and conditions specified by the GERC from time to time.
9.0The Long term transmission customer shall not relinquish or transfer its rights and obligations specified in the Bulk Power Transmission Agreement, with out prior approval of GETCO and subject to payment of compensation, as determined in the No.3 of 2011 Dtd.1-6-2011 (Terms and Conditions of Intra state Open Access) regulation 2011.
10.0All 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 of the GERC Regulations.
11.0This Agreement shall be valid for 25 years from the date of Agreement signed with GETCO
12.0Long term open access user agrees to pay the reactive energy as per GERC grid code and Tariff order as applicable from time to time.
13.0Effective Date and Duration of Agreement
This agreement shall be deemed to have come in force for all purpose and intends from the date of approval given by GETCO Dt ……………… and shall remain operative upto Dt…………….. provided this agreement is may be mutually extended, renewed or replaced by another agreement on such terms and conditions for such further period of time as the parties may mutually agree.
14.0Metering :
The Meters shall be provided and governed as per the Central Electricity Authority (Installation and Operation of Meters) Regulation, 2006 notified on dt. 17th March 2006 and as amended from time to time. The Ownership of Meters, Standards, Meter failure or discrepancies, Calibration and periodical testing of the meters installed shall be as per the CEA Regulations. The Meter related accessories like CT and PT shall also be as per the said regulations.
15.0Successors and Assigns
In case GETCO is wound up and/or its transmission are taken over by other organization(s)/ agency (ies), In such an event, LC arrangement referred to in Para 6 above shall also be binding in respect of the successors organization(s)/ agency(ies) with such modifications and changes as may be considered necessary.
16.0Jurisdiction
The courts of Ahemdabad shall have exclusive jurisdiction in all matters under this Agreement.
In witness whereof both the parties have executed this Agreement through their authorized representative.
Witness
GUJARAT ENERGY TRANSMISSING CORPORATION LIMITED.
VADODARA
- For and on behalf of GETCO2. For and on behalf
Addl Chief Engineer(R & C)
Corporate Office,
GETCO,
VADODARA.