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BEFORE THE GUJARAT ELECTRICITY REGULATORY COMMISSION

AHMEDABAD

Case No.1302 of 2013

IN THE MATTER OF Petition under GERC (Terms & Conditions of Intra-State Open Access), Regulations,2011 for determination of additional surcharge payable by open access consumers availing power under open access.

AND Gujarat Urja Vikas Nigam Limited (GUVNL)

Race Course Circle, Vadodara.

……Petitioner

AND 1. Madhya Gujarat Vij Company Ltd Corporate Office, Race Course Circle, Vadodara.

2. Uttar Gujarat Vij Company Ltd Corporate Office, Visnagar Road, Mehsana.

3. Paschim Gujarat Vij Company Ltd Corporate Office, Nana Muva, Rajkot.

4. Dakshin Gujarat Vij Company Ltd

Corporate Office, Kapodara road, Surat.

…….Co-petitioners

The Petitioner above named most respectfully states as under:

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1. Background:

The erstwhile Gujarat Electricity Board has been unbundled in seven functional

entities under the Gujarat Electricity Industry Reorganization and

Comprehensive Transfer Scheme, 2003 notified under the Gujarat Electricity

Industry (Reorganization and Regulation) Act 2003. The activities of Generation,

Transmission, Distribution, Bulk power purchase and supply undertaken by

erstwhile Gujarat Electricity Board has been entrusted to separate seven

functional entities. The generation activity is assigned to Gujarat State

Electricity Corporation Ltd. (GSECL), the transmission activity is assigned to

Gujarat Energy Transmission Corporation Ltd. (GETCO) and the distribution

activity is assigned to four Distribution companies viz. Uttar Gujarat Vij

Company Ltd. (UGVCL), Madhya Gujarat Vij Company Ltd. (MGVCL), Dakshin

Gujarat Vij Company Ltd. (DGVCL) and Paschim Gujarat Vij Company Ltd.

(PGVCL). Further, the function of Bulk purchase and Bulk sale of power is

assigned to Gujarat Urja Vikas Nigam Ltd. (GUVNL) as per the re-organization

scheme.

State has implemented Intra State ABT in the state of Gujarat since 5.4.2010

and SLDC / Discoms are granting approvals / consent to open access consumers

for purchase and sale of power through open access as per Open Access

Regulations. Accordingly, open access consumers are now buying considerable

quantum of power under open access and on the other hand State DISCOMs

have tied up considerable quantum of power considering the overall growth of

the state. This results into stranded generation capacity and under recovery of

fixed cost. The present Petition is filed by the Petitioner before Hon’ble

Commission under GERC (Terms and Conditions of Intra State Open Access)

Regulations 2011, hereinafter referred to as Intra State OA Regulations for

determination of additional surcharge payable by open access consumers

availing power under open access.

2. Legal framework and Regulatory Developments:

The relevant Provisions of Electricity Act 2003, Policies of Government of India

and Regulations on Open Access Notified by Hon’ble GERC are detailed below.

Electricity Act 2003:

Section 42 (2) of the Electricity Act 2003 provides following provisions wherein

the powers have been given to State Commissions for specifying cross subsidy

surcharge.

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“The State Commission shall introduce open access in such phases and

subject to such conditions, (including the cross subsidies, and other

operational constraints) as may be specified within one year of the

appointed date by it and in specifying the extent of open access in

successive phases and in determining the charges for wheeling, it shall

have due regard to all relevant factors including such cross subsidies,

and other operational constraints:

Provided that such open access shall be allowed on payment of a

surcharge in addition to the charges for wheeling as may be determined

by the State Commission:

Provided further that such surcharge shall be utilised to meet the

requirements of current level of cross subsidy within the area of supply

of the distribution licensee:

Provided also that such surcharge and cross subsidies shall be

progressively reduced in the manner as may be specified by the State

Commission:

Provided also that such surcharge shall not be leviable in case open

access is provided to a person who has established a captive generating

plant for carrying the electricity to the destination of his own use:”

“to provide non-discriminatory open access to its transmission system

for use by-

(i) any licensee or generating company on payment of the transmission

charges ; or

(ii) any consumer as and when such open access is provided by the State

Commission under sub-section (2) of section 42, on payment of the

transmission charges and a surcharge thereon, as may be specified by

the State Commission:

Provided that such surcharge shall be utilised for the purpose of

meeting the requirement of current level cross-subsidy:

Provided further that such surcharge and cross subsidies shall be

progressively reduced in the manner as may be specified by the State

Commission:

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Provided also that the manner of payment and utilisation of the

surcharge shall be specified by the State Commission:

Further, Section 42 (4) of the Act provides following provisions related to

‘Additional Surcharge’.

“Where the State Commission permits a consumer or class of consumers

to receive supply of electricity from a person other than the

distribution licensee of his area of supply, such consumer shall be liable

to pay an additional surcharge on the charges of wheeling, as may be

specified by the State Commission, to meet the fixed cost of such

distribution licensee arising out of his obligation to supply.”

National Tariff Policy:

Section 8.5 of the National Tariff Policy provides following provisions that deal

with calculation of cross subsidy surcharge and applicability of additional

surcharge to be paid by open access consumers.

“…when open access is allowed the surcharge for the purpose of

sections 38,39,40 and sub-section 2 of section 42 would be computed as

the difference between (i) the tariff applicable to the relevant category

of consumers and (ii) the cost of the distribution licensee to supply

electricity to the consumers of the applicable class. In case of a

consumer opting for open access, the distribution licensee could be in a

position to discontinue purchase of power at the margin in the merit

order. Accordingly, the cost of supply to the consumer for this purpose

may be computed as the aggregate of (a) the weighted average of

power purchase costs (inclusive of fixed and variable charges) of top 5%

power at the margin, excluding liquid fuel based generation, in the

merit order approved by the SERC adjusted for average loss

compensation of the relevant voltage level and (b) the distribution

charges determined on the principles as laid down for intra-state

transmission charges.

Surcharge formula:

S = T – [ C (1+ L / 100) + D ]

Where

S is the surcharge

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T is the Tariff payable by the relevant category of consumers;

C is the Weighted average cost of power purchase of top 5% at the margin excluding liquid fuel based generation and renewable power

D is the Wheeling charge

L is the system Losses for the applicable voltage level, expressed as a

percentage…”

“…The additional surcharge for obligation to supply as per section 42(4)

of the Act should become applicable only if it is conclusively

demonstrated that the obligation of a licensee, in terms of existing

power purchase commitments, has been and continues to be stranded,

or there is an unavoidable obligation and incidence to bear fixed costs

consequent to such a contract. The fixed costs related to network assets

would be recovered through wheeling charges...”

GERC (Terms and Conditions of Intra State Open Access Regulations), 2011

Regulation 25 of GERC (Terms and Conditions of Intra State Open Access

Regulations), 2011 provides following provisions, which deal with ‘Additional

Surcharge’

“25. Additional Surcharge

(1) An open access customer, receiving supply of electricity from a

person other than the distribution licensee of his area of supply, shall

pay to the distribution licensee an additional surcharge on the charges

of wheeling, in addition to wheeling charges and cross-subsidy

surcharge, to meet out the fixed cost of such distribution licensee

arising out of his obligation to supply as provided under sub-section (4)

of section 42 of the Act.

(2) This additional Surcharge shall become applicable only if the

obligation of the licensee in terms of power purchase commitments has

been and continues to be stranded or there is an unavoidable obligation

and incidence to bear the fixed cost consequent to such a contract.

However, the fixed cost related to network assets would be recovered

through wheeling charges.

(3) The distribution licensee shall submit to the Commission on six

monthly basis, a detailed calculation statement of fixed cost which the

licensee is incurring towards his obligation to supply.

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The Commission shall scrutinize the statement of calculation of fixed

cost submitted by the distribution licensee and obtain objections, if

any, and determine the amount of additional surcharge:

Provided that any additional surcharge so determined by the

Commission shall be applicable only to the new open access customers.

Additional surcharge determined on Per Unit basis shall be payable, on

monthly basis, by the open access customers based on the actual energy

drawn during the month through open access:

Provided that such additional surcharges shall not be levied in case

distribution access is provided to a person who has established a captive

generation plant for carrying the electricity to the destination of his

own use”

3. Implementation of Open Access in Gujarat:

State has implemented Intra State ABT in the state of Gujarat since 5.4.2010

and SLDC / Discoms are granting approvals / consent to open access consumers

for purchase and sale of power through open access as per Open Access

Regulations. Presently, 218 users consisting of 21 long term and 197 short /

medium term open access users are availing open access in Gujarat. During the

current financial year, SLDC has received 5745 open access applications and

granted Open Access approval for 5411 Numbers Open Access applications (as

on 31.12.2012) and this open access consumers are buying power through open

access.

4. Capacity Addition and Power Purchase plans of Discoms:

Gujarat was the first state to initiate Competitive Bidding process in 2006 for

procurement of power on long term basis and successfully tied up 3200 MW

under first round of Competitive bidding considering the overall growth of the

state and to mitigate future demand for electricity. The state also carried out

second round of Competitive bid and tied up 2610 MW power in 2010 at

competitive price. During the 11th Five Year Plan, Net Capacity Addition to the

tune of 5643 MW has taken place and accordingly the Installed Capacity of the

state as on 31.03.2012 was 15306 MW. The year wise details of capacity

addition during 11th FYP is as follows:

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(Excluding RE Sources)

Name of Power Plant MW Fuel Sector

FY 2007-08

Dhuvaran TPS - Old -314 Coal GSECL

Torrent Power AECo 10 Coal Private

Vindhyachal STPS – III 133 Coal Central Sector

FY 2008-09

GIPCL- GPS- Stage II 5 Gas State Owned IPP

SIPAT -STPS-Stage-II 273 Coal Central Sector

Kahalgaon-STPS-II (Eastern Region) 94 Coal Central Sector

FY 2009-10

Kutch Lignite TPS 75 Lignite GSECL

Utran Gas Based Expansion 375 Gas GSECL

SUGEN CCPP 1147 Gas Private

Mundra Power Project of Adani 500 Coal Private

Kahalgaon-STPS-II (Eastern Region) 47 Coal Central Sector

FY 2010-11

Dhuvaran TPS - Old -220 Coal GSECL

GIPCL-SLPP 250 Lignite State Owned IPP

Mundra Power Project of Adani 500 Imp. Coal Private

Mundra Power Project of Adani Bid - 2 500 Imp. Coal Private

Korba STPS 96 Coal Central Sector

Sipat -STPS-Stage-II 180 Coal Central Sector

FY 2011-12

GSEG Hazira CCPP-II 351 Gas State Owned IPP

ACB (India) Ltd. 100 Coal Private

Essar Power Gujarat Ltd. 500 Coal Private

Mundra – UMPP- Coastal Gujarat Pvt. Ltd 361 Imp. Coal Private

Mundra Power Project of Adani 500 Imp. Coal Private

Sipat -STPS-Stage-II 180 Coal Central Sector

Total (11th

FYP) 5643

*GSECL Dhuvaran 314 MW & 220 MW derated w.e.f. 2007-08 & 2010-11 respectively

Further, the Power Plants with installed capacity of 2603 MW have commissioned

during the FY 2012-13. Further, unit 5 of Mundra UMPP (361 MW) has been already

synchronized with the grid. Accordingly, Installed capacity of the State from

conventional sources works out to 18270 MW as on 31.03.2013. The details of capacity

commissioned during the year are as under:-

Name of Power Plant MW Fuel Sector

ACB (India) Ltd. 100 Coal Private

Essar Power Gujarat Ltd. 500 Coal Private

Mundra – UMPP- Coastal Gujarat Pvt. Ltd 1083 Imp. Coal Private

Sipat STPS Stage I 180 Coal Central Sector

Vindhyachal 4 120 Coal Central Sector

Mauda 120 Coal Central Sector

GSECL Ukai Extension 500 Coal State

Total 2603

Further, the state has made significant capacity addition from renewable

sources to utilize natural resources available with the state. At present total

3873 MW capacity is available from renewable sources, the details of which are

as under.

Source MW

Non-Conventional

Wind (incl. 1156 MW wheeling) 3012

Solar 824

Mini /Small Hydel 6

Biomass (incl. 1 MW wheeling) 31

Total 3873

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Thus, total installed capacity of the state from all sources (Conventional and

Non Conventional) works out to 22143 MW (18270 MW from Conventional and

3873 MW from Non Conventional sources) as on 31.03.2013.

The peak demand for electricity in the state for FY 2011-12 was 11209 MW and

for FY 2012-13 (as on date) is 12348 MW. Thus, the generation capacity tied up

by state is adequate to mitigate demand for electricity. Further, to meet the

future demand of the State, State Utilities have tied up adequate power from

various sources including Competitive bidding under Case I. by the end of 12th

Five Year Plan i.e by 2016-17 the capacity to the tune of 7632 MW is expected

to be commissioned, the details of which are as under:

Capacity Addition - Balance Period of 12th FYP

Sr. No.

Name of Power project Sector 2013-14 2014-15 2015-16 2016-17 Total

(A) GSECL -

1 GSECL Sikka TPS 2x250MW UNIT 3&4 GSECL 500 500

2 GSECL Dhuvaran CCPP Extn. - III GSECL 396 396

3 GSECL Wanakbori Extn Unit No 8 GSECL 800 800

Subtotal of GSECL 896 - 800 - 1696

(B) State Sector IPP Projects

4 GSPC Pipavav GSPC 700 700

5 Bhavnagar Energy Co Ltd BEECL 500 500

6 GIPCL Stage-III, Expansion Mangrol. GIPCL 500 500

Subtotal of State Sector IPPs Projects 1,200 500 - - 1,700

(C) Central Sector

7 NTPC Sipat Stage-I (3x660) NTPC -

8 NTPC Muada STPP Stage I NTPC 120 120

9 NTPC VSTPS -IV NTPC 120 120

10 NTPC Muada STPP Stage II NTPC 240 240

11 NTPC Lara STPS Stage I & II NTPC 140 140 280

12 NPCIL Kakrapar Extention NPCIL 476 476

13 NTPC Khargone NTPC 220 220

14 NTPC Gadarwada NTPC 220 220

15 NTPC Dhuvaran STPP Stage - I NTPC 660 660

Subtotal of Central Project 240 - 856 1,240 2,336

(D) UMPP Projects

18 Tilaiya UMPP JIPL 180 120 300

Subtotal of UMPP Project - 180 120 - 300

(E) Competitive Bidding Process

19 Shapporji Pallonji Energy Gujarat Ltd. Pvt. 800 800

20 Essar Power Gujarat Ltd. Pvt. 800 800

Subtotal of Competitive Bidding - - 1,600 - 1,600

Capacity Addition Plan 2336 680 3,376 1,240 7632

On commissioning of the above capacity, the installed capacity of State from

conventional sources will be 25902 MW which will be required to serve the peak

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demand of 19670 MW estimated as per 17th Electric Power Survey report (EPS)

published by Central Electricity Authority for the long term power purchase

planning purpose.

5. Need for ‘Additional Surcharge’:

Developments cited in clause 4 and 5 above have created peculiar

circumstances wherein the State DISCOMs have tied up considerable quantum of

power considering the overall growth of the state and therefore tied up power

for upcoming consumers also and on the other hand the open access users are

not availing power supply from local DISCOMs and the generation capacity tied

up by DISCOMs remain idle. In such situation the DISCOMs have to pay fixed

(capacity) charges to the Generators as per the terms and conditions of PPA

irrespective of utilization of generation.

It is pertinent mention that during the year 2011-12 and 2012-13 (Jan-12), SLDC

/ Discoms had to back down the generation equivalent to 9548 MUs and 11996

Mus respectively and accordingly installed capacity of approximately 1000 MW

and 1700 MW on an average basis remained stranded during these years.

However, consequent to contractual obligations of the distribution companies

under power purchase agreements, the distribution licensees ended up paying

total fixed cost / capacity charges to the tune of Rs 6056 Crs in the year 2011-

12 (Detailed Statement showing capacity charges is attached as Annexure A).

Further, total power purchased by open access consumers through open access

during 2011-12 was to the tune of 1491 Mus. Further, the number of open

access consumers and power purchased by them under open access has been

increasing consistently. The details of the same are as under:

Further, it is relevant to mention here that the demand charges payable by

open access consumers to Discoms does not compensate fully the fixed cost

payable by Discoms to Generators as tariffs are heavily skewed where more

than 60% of fixed cost is recovered through energy charges from consumers.

Details DGVCL UGVCL PGVCL MGVCL TOTAL

FY 2011-12

No. of OA Consumers (as on Mar-12) 12 11 14 5 42

Power purchased under OA in Mus 946 154 280 111 1491

FY 2012-13

No. of OA Consumers (as on Oct-12) 38 26 27 14 105

Power purchased under OA in Mus (till Oct-12)

1133 332 264 142 1871

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During the year 2011-12, Discoms have recovered only Rs 0.46 per unit from

Open Access Consumers towards Demand Charges, the details of which are as

under.

Details of Consumption by OA Consumers for FY 2011-12

Total Consumption by OA Consumers

(Mus)

Consumption from Discoms

(Mus)

Consumption Under OA

(Mus)

Demand Charges Recovered from OA Consumers (Rs Crs)

DGVCL 2842 1896 946 103

UGVCL 220 66 154 16

MGVCL 159 48 111 4

PGVCL 344 64 280 43

3565 2074 1491 166

Per Unit Demand Charges recovered from OA Consumers 0.46

Discom wise statement of details regarding power purchased by OA consumers

under open access is attached as Annexure – B.

In order to circumvent the above mentioned circumstances wherein the burden

of fixed cost is affecting viability and sustainability of operations of DISCOMs

which ultimately affects adversely to the end consumers buying power from

Discoms, it would be appropriate that an additional surcharge may be

determined and made applicable. Hon’ble GERC is therefore requested to

determine the additional surcharge to be recovered from open access

consumers based on information submitted in the clause 6 hereunder:

6. Submission of Information by DISCOMs:

Clause 3 of Section 25 the intra state open access regulations notified by

Hon’ble GERC provides that the distribution licensee shall submit to the

Commission on six monthly basis, a detailed calculation statement of fixed cost

which the licensee is incurring towards his obligation to supply and the

Commission shall scrutinize the statement of calculation of fixed cost

submitted by the distribution licensee and obtain objections, if any, and

determine the amount of additional surcharge applicable to new open access

customers.

Relevant details of amounts incurred towards obligations to pay capacity

charges under power purchase agreements, cost of transmission payable to

transmission licensees, other costs of distribution business apart from power

purchase costs for the year 2011-12 are as under:

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Table A

Particulars Units (Mus) Amt (Rs Cr)

Fixed Cost of Power Purchase 6056

Variable Cost of Power Purchase 16104

Total Power Purchase 65827 22159

Less: Short term sale of power 5815 2181

Power Purchase for DISCOM Consumers 60012 19978

Table B

Particulars

Net Fixed Cost (Rs Crs) (6056 Cr X 60012/65827) 5521

Net Variable Cost (Rs Crs) 14457

Total Cost (Rs Crs) 19978

Unit for DISCOMs consumers (Mus) 60012

Table – C

Particulars 2011-12

Total Fixed Cost of Power Purchase to Generators (Rs Cr) (Table B) A 5521

Add: Cost of Transmission (Rs Cr) B 1940

Add: Costs of Distribution business excluding power purchase (Rs Cr) C 2243

Total Fixed Cost (Rs Cr) (A+B+C) D 9704

Thus, per unit fixed cost of distribution companies as per above calculation

works out to Rs 9704 Crs for 2011-12. However, the same could have been

reduced had the OA consumers availed power from Discoms which they

otherwise purchased under Open Access. The details of quantum of power sold

by distribution licensees, power purchased by open access consumers under

open access and per unit fixed cost are as follows.

Table - D

Particulars 2011-12

Total power sold by Discoms to end consumers (Mus) A 49096

Consumption under OA (Mus) B 1491

Total Units (Mus) (A+B) C 50587

Total Fixed Cost (Rs Cr) (Table C) D 9704

Fixed Cost Per unit sold to consumers plus OA consumption (Rs / Unit) (D/C*10)

F 1.92

The details of under recovery of fixed charges, amount recovered by Discoms

towards wheeling charges and demand charges are as under:

Table - E

Particulars

2011-12

Amt (Rs Crs)

Units (Mus)

Rs / Unit

Gross Under recovery of Fixed Cost Due to OA Consumption 286 1491 1.92

Less: Wheeling Charges recovered 16 1491 0.11

Less: Recovery of Demand Charges from OA Consumers 69 1491 0.46

Total Under recovery 201 1.35

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There was gross under recovery of fixed cost of Rs 286 Crs for 2011-12 due to

consumption of power by OA consumers under open access. Net under recovery

of fixed cost by Discoms due to OA consumption after adjustment of demand

charges and wheeling charges works out to Rs 1.35 per unit for the 2011-12.

In the above calculation Cross subsidy Surcharge of Rs 0.39/unit has not been

considered as it is towards the Cross subsidization to subsidized category of

consumers like Agriculture and BPL and this cross subsidization is mainly

through higher energy charges. As per Section 25 of Open Access Regulations,

additional surcharge is payable by open access consumers in addition to cross

subsidy surcharge.

We request Hon’ble GERC to kindly consider the information submitted by

GUVNL as above for determining the amount of additional surcharge and

determine additional surcharge of Rs 1.35 paisa per unit.

7. Determination of ‘Additional Surcharge’ Vs Applicability thereof:

Section 25(1) and 25(3) of GERC (Terms and Conditions of Intra State Open

Access Regulations), 2011 collectively provide for determination of ‘Additional

Surcharge’ whereas Section 25(3) stipulates the conditions for applicability of

‘Additional Surcharge’.

Following Proviso of Section 25(1) of OA Regulations states that ‘Additional

Surcharge’ shall be on the charges of wheeling and shall be paid in addition to

charges of wheeling and cross subsidy surcharge subject to conditions.

“An open access customer, receiving supply of electricity from a person

other than the distribution licensee of his area of supply, shall pay to the

distribution licensee an additional surcharge on the charges of wheeling,

in addition to wheeling charges and cross-subsidy surcharge, to meet out

the fixed cost of such distribution licensee arising out of his obligation to

supply as provided under sub-section (4) of section 42 of the Act.”

Further, following proviso of Section 25(3) provides for mandatory

determination of ‘Additional Surcharge’ by Hon’ble Commission by obtaining

objections if any.

“The Commission shall scrutinize the statement of calculation of fixed

cost submitted by the distribution licensee and obtain objections, if

any, and determine the amount of additional surcharge”

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Section 25(2) of the Intra State Open Access Regulation splits apart the

determination and applicability of ‘Additional Surcharge’ from one another and

stipulates conditions for applicability of ‘Additional Surcharge’ as under:

“This additional surcharge shall become applicable only if the obligation

of the licensee in terms of power purchase commitments has been and

continues to be stranded or there is an unavoidable obligation and

incidence to bear fixed costs consequent to such a contract. However,

the fixed costs related to network assets would be recovered through

wheeling charges.”

8. Cross Subsidy Surcharge:

As per the provisions of Electricity Act 2003 the distribution utilities are

mandated with Universal Service Obligation to consumers (other than open

access consumers). Present tariff structure approved by Hon’ble GERC has cross

subsidization mechanism whereby the tariff for some category of consumers are

lower than cost of supply to them. Hon’ble Commission vide Order dated 6th

September 2011, determined the Cross Subsidy Surcharge payable by a

consumer availing open access to the Transmission / Distribution System as

provided in Open Access Regulations.

In order to ensure viability and sustainability in operations of DISCOMs, it is

necessary that both cross subsidy surcharge and additional surcharge are

imposed on the open access consumers. As regards to the calculation of cross

subsidy surcharge it is to mention that cross subsidy surcharge shall be

equivalent to difference between latest tariff determined by Hon’ble

Commission from time to time and Cost of Supply of category of consumers

going out availing open access facility.

9. Prayer:

In view of the above, it is most respectfully prayed that this Hon’ble

Commission may be pleased to:

(a) Admit the above petition for determination of additional surcharge

payable by new open access consumers availing power under open

access.

(b) Hold that the obligation of the state distribution licensees in terms of

power purchase agreements has been and continues to be stranded and

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there is an unavoidable obligation and incidence to bear fixed costs

consequent to such agreements.

(c) Determine the additional surcharge of Rs 1.35 payable by new open

access consumers on quantum of power purchase through open access

using the network of distribution licensee.

(d) Make applicable the additional surcharge on power purchased by open

access consumers under open access.

(e) Maintain the cross subsidy surcharge at current levels in order to ensure

viability and sustainability in operations of DISCOMs.

(f) Consider the information submitted by GUVNL for determining the

amount of additional surcharge.

(g) Pass such further order or orders as this Hon’ble Commission may deem

just and proper in the circumstances of the case.

GUJARAT URJA VIKAS NIGAM LIMITED

- PETITIONER

Declaration:

Declaration that subject matter of the petition has not been raised by the Petitioner

before any other competent forum and that no other competent forum is currently

seized of the matter or has passed any order in relation thereto.

GUJARAT URJA VIKAS NIGAM LIMITED

- PETITIONER

DATED: 28/03/2013

PLACE: VADODARA

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BEFORE THE GUJARAT ELECTRICITY REGULATORY COMMISSION AHMEDABAD

Case No. 1302 of 2013

IN THE MATTER OF Petition under GERC (Terms & Conditions of Intra-State Open Access), Regulations, 2011 for determination of additional surcharge payable by open access consumers availing power under open access.

AND Gujarat Urja Vikas Nigam Limited (GUVNL)

Race Course Circle, Vadodara.

……Petitioner

AND 1. Madhya Gujarat Vij Company Ltd Corporate Office, Race Course Circle, Vadodara.

2. Uttar Gujarat Vij Company Ltd

Corporate Office, Visnagar Road, Mehsana.

3. Paschim Gujarat Vij Company Ltd

Corporate Office, Nana Muva, Rajkot.

4. Dakshin Gujarat Vij Company Ltd

Corporate Office, Kapodara road, Surat.

…….Co-petitioners

AFFIDAVIT

I, Vijaykumar Patel son of Tulsibhai Patel aged about 37 years resident of Voadodara do hereby solemnly affirm and state as under: 1. I am the Junior Engineer of the Petitioner above named and am well conversant

with the facts of the case an able to depose to the present affidavit.

2. I have gone through the contents of the accompanying Petition and I say that the contents stated therein are based on the records of the Petitioner maintained in the normal course of business.

DEPONENT

VERIFICATION:

I, the deponent above named do hereby verify that the contents of my above affidavit are true to my knowledge, no part of it is false and nothing material has been concealed there from.

Verified at Vadodara on this 28th day of March 2013. DEPONENT

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Annexure A

SR. NO.

NAME OF AGENCY

2011-12

UNITS (Mus)

Total Per Unit

FC (Rs Crs)

VC (Rs Crs)

Total (Rs Crs)

FC (Rs / Unit)

VC (Rs / Unit)

Total Rate (Rs / Unit)

A. CENTRAL SECTOR

1 NPC-TAPS 1257 - 124 124 0.00 0.99 0.99

2 NPC-TAPS ( 3 & 4) 1620 - 492 492 0.00 3.04 3.04

3 NPC-KAPP 972 - 244 244 0.00 2.51 2.51

TOTAL NPC 3849 - 860 860 0.00 2.23 2.23

4 NTPC-V'CHAL -I 1598 152 306 457 0.95 1.91 2.86

5 NTPC-V'CHAL-II 1715 100 305 404 0.58 1.78 2.36

6 NTPC-V'CHAL-III 2053 207 360 567 1.01 1.75 2.76

7 NTPC-KORBA 2938 189 260 449 0.64 0.88 1.53

8 NTPC-KAWAS 873 197 235 432 2.26 2.69 4.95

9 NTPC-GANDHAR 1136 249 288 536 2.19 2.53 4.72

10 NTPC-Kahlagaon 591 97 150 247 1.64 2.54 4.18

11 NTPC-SIPAT 2739 427 280 706 1.56 1.02 2.58

Total NTPC 13642 1617 2182 3799 1.18 1.60 2.78

12 SSNL 680 - 139 139 0.00 2.05 2.05

TOTAL CENT.SECTOR 18172 1617 3182 4799 0.89 1.75 2.64

B. GSECL

13 GSECL (Gandhinagar) 1455 98 385 483 0.68 2.65 3.32

14 GSECL (Wanakbori) 1428 95 348 442 0.66 2.44 3.10

15 GSECL (Utran) 2868 344 734 1077 1.20 2.56 3.76

16 GSECL (Dhuvaran) 944 102 232 334 1.08 2.46 3.54

17 GSECL Ukai 5049 253 1130 1383 0.50 2.24 2.74

18 GSECL Gandhinagar 1-4 3457 269 1021 1291 0.78 2.95 3.73

19 GSECL Wanakbori 1-6 7865 372 1989 2361 0.47 2.53 3.00

20 GSECL Sikka 870 120 332 452 1.38 3.82 5.20

21 GSECL Kutch Lignite 1290 258 167 425 2.00 1.30 3.30

22 GSECL Ukai Hydro 462 23 - 23 0.51 - 0.51

23 GSECL Kadana Hydro 262 59 - 59 2.27 - 2.27

TOTAL GSECL 25951 1994 6338 8332 0.77 2.44 3.21

C. State owned IPPs

24 GSEG 866 86 213 300 1.00 2.46 3.46

25 GIPCL(160 MW) 652 51 221 272 0.78 3.39 4.17

26 GIPCL(SLPP) 2547 428 341 768 1.68 1.34 3.02

27 GIPCL(145 MW) 293 22 99 121 0.75 3.39 4.14

28 GMDC 712 76 50 126 1.07 0.71 1.77

TOTAL IPP (State own) 5070 662 925 1587 1.31 1.82 3.13

D. Private IPP's

29 ESSAR 1283 98 305 402 0.76 2.37 3.14

30 GPEC 3009 518 996 1514 1.72 3.31 5.03

31 APL - Bid 1 7040 915 930 1845 1.30 1.32 2.62

32 APL - Bid 2 2326 233 353 586 1.00 1.52 2.52

33 ACB 129 20 2 22 1.52 0.15 1.67

34 EPGL 92 - 13 13 - 1.37 1.37

TOTAL IPP (Private) 13881 1783 2598 4381 1.28 1.87 3.16

E. Power Exchanges

47 IEX 5 - 2 2 - 4.16 4.16

48 PXIL 3 - 1 1 - 4.74 4.74

TOTAL POWER EXCHANGE 8 - 3 3 - 4.36 4.36

F. OTHERS

49 Solar and Other RE 251 - 279 279 - 11.15 11.15

50 WIND FARMS 2325 - 795 795 - 3.42 3.42

51 CAPTIVE POWER 169 - 43 43 - 2.53 2.53

TOTAL OTHERS 2745 - 1117 1117 - 4.07 4.07

GRAND TOTAL 65827 6056 14164 20219 0.92 2.15 3.07

52 TR.CHGS.-PGCIL - - 498 498 - 0.00 0.00

53 WHEELING CHGS. - - - - - 0.00 0.00

54 GETCO Wheeling - - 1442 1442 - 0.00 0.00

TOTAL COST OF POWER PURCHASED 65827 6056 16104 22159 0.92 2.45 3.37

17

Annexure B

Energy Drawn by OA Consumers (Mus)

Month

DGVCL UGVCL MGVCL PGVCL Total

Discom OA Total Discom OA Total Discom OA Total Discom OA Total Discom OA Total

Apr-11 6 11 16 1 9 10 1 7 8 7 17 24 15 44 58

May-11 205 59 264 2 8 10 3 4 7 2 23 25 212 94 306

Jun-11 293 128 421 2 8 10 0 7 7 2 22 24 297 164 461

Jul-11 353 103 457 3 7 10 0 9 9 3 21 24 359 141 499

Aug-11 194 116 310 2 8 10 0 9 9 3 19 22 199 153 351

Sep-11 173 98 271 6 13 19 3 5 8 4 26 30 187 142 329

Oct-11 176 59 235 6 10 15 8 4 11 23 13 36 212 86 298

Nov-11 16 8 24 7 22 28 24 7 31 6 18 24 53 55 107

Dec-11 22 11 32 9 11 21 3 11 14 7 22 29 41 54 95

Jan-12 187 99 286 8 14 22 1 14 15 4 28 32 200 154 354

Feb-12 123 142 265 7 25 32 6 15 21 3 36 39 138 218 356

Mar-12 149 113 263 14 21 35 3 19 22 0 35 35 166 188 354

Total 1897 946 2842 66 154 220 51 111 162 64 280 344 2078 1491 3569

Month

Demand Charges Recovered (Rs Crs)

DGVCL UGVCL MGVCL PGVCL Total

Apr-11 1.8 0.6 0.4 2.4 5 May-11 5.1 0.6 0.4 2.4 8 Jun-11 13.3 0.6 0.3 2.8 17 Jul-11 8.6 0.6 0.3 2.8 12 Aug-11 2.0 0.6 0.3 2.9 6 Sep-11 2.2 1.5 0.3 4.3 8 Oct-11 2.3 1.6 0.5 3.8 8 Nov-11 9.3 2.2 0.4 4.1 16 Dec-11 2.7 1.5 0.4 4.7 9 Jan-12 2.8 1.6 0.2 4.3 9 Feb-12 3.7 2.2 0.5 4.5 11 Mar-12 48.4 2.4 0.4 4.5 56 Total 102 16 4 43 166