j2 anwar kamal law associates 0,

14
POWER •• •••••••■■ •• ••11,...., 5 bA C4 End': J2 ANWAR KAMAL LAW ASSOCIATES 0, SUBJECT: GENERATION LICENCE APPLICAT Ref. No.R/NEPRA/316/ 14 The Registrar, National Electric Power Regulatory Authority (NEPRA), Attaturk Avenue (East), NEPRA Tower, Opposite Federal Flood Commission, G-5/1, Islamabad. Dated: 04th July, 2014 A 1 4-1-1/4-h, — b4;40:0-1 4 1'4 1 '3: SA (7 4,11 -) 121)46 .) -R.-1.] ION OF OF RESHMA BY EMAIL, FAX & COURIER <[email protected]> 051-2600026 GENERATION LIMITED (RPGL). Dear Sir, Apropos the Notice of Admission published on 19.06.2014, it is submitted that a Generation Licence be not granted to Reshma Power Generation Limited (RPGL) as it is a Residual Fuel Oil (RFO) based Plant. There is idle RFO based capacity in the country and it is against the interest of consumers to inject more such capacity. This will place energy prices beyond the paying capacity of ordinary citizens as we will be paying for both idle capacity e.g. of old IPPs and the capacity charges of RPGL type new IPPs or STIPPs. RPGL is a former Rental Power Plant. I would like to know whether it has settled its dues with the public power sector and whether or not it is in litigation with the Government of Pakistan or any entity of the Government. Even otherwise, does the Authority have upto date information regarding the payment of the Rs. 22 billion loan taken by NTDC for onward disbursement to the RPPs? Could you kindly let me know whether the GENCOs that were made the special purpose vehicles in the RPP scheme of things have cleared their loans? The attention of the Authority is drawn to the news report published in the daily Dawn on 01st July 2014, copy enclosed for ready reference. It is obvious that we are incurring huge costs on account of RFO based Power Plaits. The payment of subsidies by the Government of Pakistan proves that prices of energy are already beyond the reach of consumers. In the circumstances it is requested that a Public Hearing be held prior to the grant of the Generation Licence. A copy of the decision of the Authority admitting the Application of RPGL for consideration for the grant of Generation Licence be also provided on payment of charges as per Rules. With best regards. Yours sincerely, Ah Mtit, taA . KAL (Anwar Karnal) Advocate Supreme Court News report published in the daily Dawn on 01 3, July 2014. Office: 1-Turner Road, Lahore-54000, Pakistan Telephone: (92-42) 37311810-37358845 FAX: 37238174 E-mail: alclawaiihr.comsats.net .tok

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Page 1: J2 ANWAR KAMAL LAW ASSOCIATES 0,

POWER

••■•••••■••■■••■••11,....,

5

bA

C4

End':

J2 ANWAR KAMAL LAW ASSOCIATES

0,

SUBJECT: GENERATION LICENCE APPLICAT

Ref. No.R/NEPRA/316/ 14

The Registrar, National Electric Power Regulatory Authority (NEPRA), Attaturk Avenue (East), NEPRA Tower, Opposite Federal Flood Commission, G-5/1, Islamabad.

Dated: 04th July, 2014

A 14-1-1/4-h,

— b4;40:0-1 41'4 1'3: SA (74,11-) 121)46.)► -R.-1.]

ION OFOF RESHMA

BY EMAIL, FAX & COURIER <[email protected]>

051-2600026

GENERATION LIMITED (RPGL).

Dear Sir,

Apropos the Notice of Admission published on 19.06.2014, it is submitted that a Generation Licence be not granted to Reshma Power Generation Limited (RPGL) as it is a Residual Fuel Oil (RFO) based Plant.

There is idle RFO based capacity in the country and it is against the interest of consumers to inject more such capacity. This will place energy prices beyond the paying capacity of ordinary citizens as we will be paying for both idle capacity e.g. of old IPPs and the capacity charges of RPGL type new IPPs or STIPPs.

RPGL is a former Rental Power Plant. I would like to know whether it has settled its dues with the public power sector and whether or not it is in litigation with the Government of Pakistan or any entity of the Government.

Even otherwise, does the Authority have upto date information regarding the payment of the Rs. 22 billion loan taken by NTDC for onward disbursement to the RPPs?

Could you kindly let me know whether the GENCOs that were made the special purpose vehicles in the RPP scheme of things have cleared their loans?

The attention of the Authority is drawn to the news report published in the daily Dawn on 01st July 2014, copy enclosed for ready reference. It is obvious that we are incurring huge costs on account of RFO based Power Plaits. The payment of subsidies by the Government of Pakistan proves that prices of energy are already beyond the reach of consumers.

In the circumstances it is requested that a Public Hearing be held prior to the grant of the Generation Licence. A copy of the decision of the Authority admitting the Application of RPGL for consideration for the grant of Generation Licence be also provided on payment of charges as per Rules.

With best regards. Yours sincerely,

Ah■Mtit, taA.KAL (Anwar Karnal)

Advocate Supreme Court News report published in the daily Dawn on 013, July 2014.

Office: 1-Turner Road, Lahore-54000, Pakistan Telephone: (92-42) 37311810-37358845 FAX: 37238174

E-mail: alclawaiihr.comsats.net.tok

Page 2: J2 ANWAR KAMAL LAW ASSOCIATES 0,

DAW

Gt,f1:91,2011-1

Rs40bn released to reduce loadshedding By Our Staff Reporter

ISLAMABAD: The ..government released Rs40 bil-lion to the power companies and Pakistan. State Oil (PSO) onMonday to ensure reduction in the duration of loadsheciding.

A finance .ministry official said with the disburse-ment on the last day of fiscal year 2013-14, the power sector subsidies had reached Rs292, billion Rs4Obn more than Rs252bn allocated la, the 'budget, but the subsidy target had been revised to:Rs292bn under sup-plementary grunts.

Of the amount released on Monday, Rs231m was pro-vided to PSO to improve its cash flows and enable it to retire letters of credit due to international oil suppliers. PSO has been given Rs36bn during June as Rs13bn was disbursed early in the month.

The remaining Rs17bn has been provided to power companies for payments to the banking sector of inter-est for the last quarter of the fiscal year.

The disbursements were approved by the prime min-ister who had instructed the relevant quarters to

ensure uninterrupted power supply duringSehr, Mar and Taraveell and avoid unannounced loadshedding during Ramazan.

A PSO official, however, said the disbursement would settle outstanding international liabilities but the corn: pany required ot least Rs7Obn inore.to build an inven-tory necessary for a smooth supply chain, although that too would be quite short of mandatory stocks. .

He said PSO's receivables from the..power were Rs170-175bn.

Another official said the power sector recei).40,:s from consumers had swelled to Rs520hn even thiltigh the recovery had slightly inniroved iri ftearit The recoveries were significantl•ileis than the elerttic-ity supplied by the distrilnritm companies.

A power ministry official said that whlie weather con-ditions were getting favourable cs demand declined, it had set a target of capping loadshedding in urban areas at five hours and in rural area at seven hours a day.

He said the generation companies were producing 14,500MW to a maximum of 15,000MW with I shortfall of 4,300.4,500MW, resulting in an average of up-to nine hours of loadshedding.

Page 3: J2 ANWAR KAMAL LAW ASSOCIATES 0,

Jul .06 2014 4:37PM WPPO

6 920257 8

isCOG F\E

45," ATIONAL TRANSMISSION AND D SPATCH

COMPANY LIMITED

P.1

44.

Offic of the GENERA MANAGER

WAPDA Power Priv tizatIon Organization 325-WAPDA House, Lahore

Dated:0 07.2014

Poi Pvt.. .Cs "tvl Q )1-1

4101): S A 0-e.

A- D 1f4(

Subject: Application of Reshma Power GeneratIbh Lim of Generation License for Its 96.96 NW Th pistrict Kasur. Punjab _ (NA

Ref: Your letter No. NEPRA/R/LAG-255/6576-85 dated 1 MD NTDCL and others.

Our comments, in this regard are as follows:

a. The net efficiency has not been Indicated in the enclose However, from the previous information available with us, consists of open-cycle, used machines which run at low e plant Is expected to use RFO as fuel. It is further pointed several existing RFO -fired IPPs with higher efficiencies Is to high cost of imported RFO and the Issue of circular d this plant would be higher than the tariff of the existing I 2002 Power Policy and may fall in the unaffordable range. As a result, the utilization of the said plant may not be considered a prudent option.

4-1

r;43

Tel # 042-99202111 Fax # 042-99202578

No. GM(WPPO)/ g 3 / /

Mr. Iftikhar All Khan Deputy Registrar NEPRA, NEPRA Tower, Attaturk Avenue (East) G-5/1, Islamabad.

tzfLOIE.c r Mnt rtnal Powqr_plant_at

.06.2014 addressed to

NEPRA advertisement. Reshma Power plant

ciencim Moreover, the ut that the capacity of eing under-utilized due ht. Hence, the tariff of 'Ps inducted under the

6t.cr.e

cc: VC. I rfN ̀) M Lr)

)

b. According to the Revenue Division SRO No.567(1)2006 (Sr.No.49 - copy attached), temporarily imported power was exempted from custom duty on the understanding exported subject to the following conditions:

(I) The importer shall furnish Indemnity bond equal t payable at the time of import;

(ii) The temporary import shall be for a period of 36 mon import and the goods so Imported shall be re-export period;

(iii) The ii I i-i -I! . -n h (iv) The machinery and equipment shall not be u

been imported.

dated 5ei June 2006 generation equipment that it would be re-

the amount of duty

hs from the date of its within the stipulated

In Pakistan; t

Ur

Page 4: J2 ANWAR KAMAL LAW ASSOCIATES 0,

99202578 p.2

4

(Muha Gene

Managing Director NTDCL, 414 Wapda House, Lahore.

CC:

&lam Khan) al Manager (WPPO)

Jul 06 2014 4:37PM WPPO

)

(v) The said indemnity bond shall be discharged on pr and other shipping documents as a proof that t equipment have been re-exported.

In view of above, the existing goods Import policy may n utilize the temporarily imported machinery and equipmen than for use as a temporary Rental Power Plant,

c. If the plant is to be used as an IPP, the sponsor of Res settle their previous liabilities towards GENCOs/CRRK Clearance department regarding their imported equipment.

d. Section Officer (PF) MQW&P, Power Coordination, Policy letter No.IPP-1/11/2011.STR dated 8th April 2014 (copy CEO GENCO Holding Company and copy to others has the Economic Coordination Committee (ECC) of the Ca requested to formulate a Policy in consultation with all rele on principles mentioned therein, which is still emitted.

It is therefore suggested that NEPRA may kindly keep the abo view while considering the Company's request for Issuance of Ge

e mentioned points in oration License.

uction of bill of export e said machinery and

t allow the Company to for any purpose other

a Power may have to WAPDA and Custom

ntd Finance Wing vide ttached) addressed to nveyed the decision of iret In which PPIB is at stakeholders based

Page 5: J2 ANWAR KAMAL LAW ASSOCIATES 0,

3u1, 06 2014 4:37PM WPPO

99202578 P. 3

,M1N1STRV

. --- •

i!

• i •

0O RNMENT OF PAKISTAN 0F.FINANCIOIVOtytIC AFFAIRS, STA

• ( EVENUE ***

• NOTIFICATION. (CUSTOMS)

"•••;.--.•!

STICS & REVENUE

Wattikwfolatkilpileo,006-,

f the. Customs Act, „1.D69 (IV-4.1969) une,2005, the Federal Government is s below, falling under the HS Codes ci fled in the First Schedule tp the said the hollowing conditions, besides the

eef

4S;:1114.?„67(1)/20.06:-. In exercise of p ers conferred by section 19 • and inei'ioñ Of itsNotification No.S 0.567(1)/2005 dated the 6th pleased to exempt the imported goods spcc1fid in .column (3) of the Tab specified in 'column (2).ef those Tables, from much Of thecustoms-duty s Act, as is in excess of,the rates specified in; lumn (4) thereof, SibJitt conditions specified in those Tables, namely:;; ;

Pakistan HorticakeBoard, in case of imported goods 24 of Table I;

(f) commercial airlines registered in Pakistan, in case of jut • serial number 34 of Table I; • (9) manufacturers of 2 and 3 wheelers, in case of imported

number 35 of Table I: and (h) construction companies, in case of imported goods spec

Table. l:)

•• (i) Constn.mtion companies, in case of imported goods specified ••

; and l . I

(ii) for the existing Tables I, II, III and IV, the following new TabI

2. The designated/authorized person ol. fhe following Ministries, or furnish all relevant. information, as set out in' this Notification, on line (PACCS) accessed through the unique users identifier obtained under section with the password thereof, namely:-

the '.se may be, companies shall the Customs Computerized System

55d of the Customs Act,•1 969, along

. - • 1

'ISa) . [Ministry of Health, in case of imported goods specified un r headings A, El and C of Table 111;) 1,(b) Ministry of Industries, Production and Special Initiatives - in case of imported goods

specified against serial numbers 7 of Table I; . (c) Pakistan Steel Mill, in caSe Of imported goods specified gainst seripl number 5 of Table

, Mis Pakistan PTA Ltd. in case of imported goods specif Table I;

(d)

(e)

!.! d against serial number 8 of • -

ecified.against serial number

orted goods speCiified againt ,

Dods specified against serial —•

led against serial number 37 of

gninst serial number 32 of Table I"

shall be sub;titd, namely:-

3. . The importer hall file the Goods Declaration online, through PACCS in the Collect-orates in which the PACCS is openithinal, and ti!rough a ;tonnai hard copyist the Collectorates/Cust la-stations in which the PACCS.is not operational as yet. ft: shall also submit an undertaking that customs duty be ng short.paid us a result of paitial exemption availed by 111111 at the . time of import may be recoverable in case of any misuse detec-,td•tit any subsequent

• stage. • • . . . . i ,

• , , ..

, . . , . . . . *4. In akeady,computeriied CollecturateS and.Custom-stations where the ACCS is not yet operational, the

Project Director or any other authorizett officer shall feed the requisite informatio i aboLit clearance/release of goods under this notification in the PACCS .iait daily basis, and the data obtained from th • Custom-stations witieh have not

yet been computerized, on weekly basil. . :

ExplAnation.- . • For the purposes of this clause, where, PACCS is.riot yet ppe tiOnal or wherd-Custom-stations

have not yet been computerized, the certificate in the Annexure shall be provided Jong with the Goods Declaration, in person. ,•

1

Page 6: J2 ANWAR KAMAL LAW ASSOCIATES 0,

P. 4 99202578

Jul 06 2014 4:37PM WPPO

• .•

.

4

. ,

,

be chargeable.

. •

, .

• • I

% 11 • •

41 93.00 & ':Defence stores, ex9 ing those of• . 1+% If imported by the Federal.. Respective- ' the National Logisti ell.' T i Govt for the use of DilfenCe ,

. headings- .. .. l

. .

' /'' ' f'

Services provided that the goods have not been . imported against the foreign exchange aliocation of the Defence

1 Department. 42 V 8517.1220 Fixed wireless terminals 10% ''.Nil '

43 8701.9020 -Agricultural tractor 0'° Nil • 8701.9090 . . • . . • 1 -

44 8442.300084 Printing machinery end spare parts 0 If fm± freed by newspaper 42.40008443 thereof establishment 'subject to .1100 • - the following Conditions. 13443.1200 namely;;(i) the CEO of the 8443.3990 importing establishment 8443.1990 shall certify that imported 8443,9100 items areestablishment's 8443.3990 bona fide requtrement.(11) •

. • •

'these shall not be sold or . otherwise disposed of . . within next 10 years.

45 8502.0000 'Gas operating generating sets °. Nil • exceeding 1100 t<VA

8 9506.6980 ...- . Shuttlecocks . ,-10'. . Nil .

47 8525.8040 Digital Camera • 5° Nil

48 8528.7211 • BCD Panels rp CBU form • 20' . 20% rate shall be effective 8528.7212 • Plasma display panels in CBU form 20°. VI 09.03.2009.

1 Respective ; li)]Power generation plants 0% (i). The importer shell headings imported by WAPQA'or PEPCO furnish indemnity bond

:through its generation companies' on equal to Ulla arnotint of duty --- :temporary basis with a. view to • payable at 4h6 time of'

subsequent exportation. .

import; (ii) The temporary import shall be for a period

24[(ii) Power generation plants imported by KESC on temporary

of 36 months from the•date of its import and the goods

• basis with a view to subsequent exportation.]

so. imported shall-be re- exported within the ' stipulated period; (iii) The

• . machinery and equipment

Page 7: J2 ANWAR KAMAL LAW ASSOCIATES 0,

Jul 06 2014 4:37PM WPPO 99202578

P • 5

/ •

I '1

shall not be disposer:1.0f in Pakistan; (iv) The machinery and equipment shall not be used except fc the purpose it has been imported. (v) The said indemnity bond shell be discharged on production of bill of export and other shipping dciciiments as a proof that the said • machinery and equipment; have been re •

Serial number

HS Code. • li Description. '

Rate of duty. (") (4)

Conditions of import-. .......- •

.

(5) (I) ' (2) "]' (3)

t.

2I 1A.

3907.6010

3907.6026.

• Poly ethylene terephthaiate, Yarn grade

Poly ethylene tirephthalatc (PET), bottle rade

3%

75%

Nil

Nil]

2. 3908.1006 Polyarnide-6, -13, -12, -6, 6, -6, 9, -6., 10 o -6, 3% Nil 12

3. 3908.9000 • Other polyaniides in primary form 3% .. 11 Nil 4. • 5.

'iomitted] 2tomittedi

6. - '!omitted] 7. 5109.1000 .Containing 85% or more by I.veight of vvoo or 9% Nil

.-- ,

of fine animal hair • • , 8. 5109.9000 Othe • yarn of Wool or fine animal hair 9% Nil

9. 2[S.N.9to 51ornined] •

52. 5401.1000 Sewing thread of synthetic filaments, whet er or not put up for retail sale

9% Nil

High tenacity yarn of nYlou or other poly. ides

53 1-5402.1100 Of arainids 9% ...--- Nil

54 5402.1900 Other . .. 9% Ni!

55. 54022000 High tenacity yarn of polyesters 9% Ni!

56. 5402.3100 . •Textured yarn of nylon or other polyarnides 9% Nil measuring per single yarn not more than 50 tex

57. 5402.3200 ' Textured yarn of nylon br other polyamide measuring per single yarn mote than 50 tex

9% . Nil

58. 5402.3300 Textured yarn of polyesters 9% Nil

59. 5402.3400 Textured yarnbf polypropylene 9% Nil

60. . 5402.3900 Other of textured yarn• 9% Nil

Other yarn, single, untwisted or with a tw is exceeding 50 turns per meter.

• not .

Page 8: J2 ANWAR KAMAL LAW ASSOCIATES 0,

tin

4) al

0

0.1

A

Government of Pakistan Alternative Energy Development Board

Ministry of Water & Power 2nd Floor, OPF Building, G-5/2, Islamabad

Tele: 051-9222360, Fax: 051-92223644;f. A

Ref: B/3/21/2012/GnI/NEPRA/G1

Mr. lftikhar Ali Khan Deputy Registrar National Electric Power Regulatory Authority, NEPRA Tower Attaturk Avenue (East), Sector G-5/1, Islamabad. Tel: +92 51 9206500 Fax: +92 51 2600026

Subject: APPLICATION OF RESHMA

June , 2014

/9.

— 02"-)

: ve-IN

— s v Clete)

1,4 MC cor-

POWER GENERATION LIMITED (RPGL) FOR GRANT OF GENERATION LICENCE FOR ITS 96.96 MW THARMAL POWER PLANT AT DISTRICT KASUR, PUNJAB.

Kindly refer to your letter No. NEPRA/R/LAG-255/6576-85 dated June 19, 2014 on the subject noted above.

2. Government of Pakistan (GoP) is very keen to utilize renewable energy technologies to overcome the current energy crisis. Being apex body to oversee alternative/renewable energy projects, AEDB has been given a mandate by the GoP to facilitate international & local entrepreneurs for setting up alternative/renewable energy projects in the country.

3. M/s Reshma Power Generation Limited (RPGL) has requested NEPRA for issuance of Generation License for its 96.96 MW Thermal Power Plant at District Kasur, Punjab.

4. Subject project is exclusively based on Residual Fuel Oil (RFO). Although it is not covered under the RE Policy 2006 however, AEDB supports issuance of Generation License to the Company.

Regards.

./ i (Muhammad Yaseen) '-'/ 7/ Assistant Director (Bioenergy)

Director (Bioenergy), AEDB.

Page 9: J2 ANWAR KAMAL LAW ASSOCIATES 0,

.10 :

the subject matter. CAI

b c- ) 1-4

( ecti) SKI -1

(i) SPS to Secretary Petroleum & NR

(ii) PS to Additional Secretary(P) Petroleum & NR

e

No. NG-II-7(143)/PS/2014-NEPRA Government of Pakistan

Ministry of Petroleum & Natural Resources (Policy Wing)

Directorate General of Gas 21-E, 1-luma !laza, Blue Area

el, el, el,

Islamabad, the 18th July, 2014 he Registrar

National Electric Power Regulatory Authority, NEPRA Tower, Attaturk Avenue (East), G-5/1, Islamabad

Subject: APPLICATION OF RESHMA POWER GENERATION LIMITED (RPGL) FOR GRANT OF GENERATION LICENSE FOR ITS 96.96 MW THERMAL POWER PLANT AT DISTRICT KASUR, PUNJAB

.#0.0.. Dear Sir, I am directed to refer to NEPRA's letter No. NEPRA/R/LAG-255/6568-75 dated

19.06.2014 on the above subject. and to inform a-1qt as it is evident from the contents of the

advertisement that M/s RPGL intends to install Reciprocating Engines-based Thermal Power Plant

based on Residual Fuel Oil (RFO) as rttel and, as such, no gas is required for utilization in this project.

therefore, this Ministry has no objection/comments for grant of Generation license to IVI/s RPM. in

(Abdul Rasheed Jokhio) Deputy Director (Tech.)

Page 10: J2 ANWAR KAMAL LAW ASSOCIATES 0,

d.? CI:

z

r. c

N

RPGL/NEP/03-2014 July 09, 2014

REGISTRAR Fax No. +92-51-2600021 National Electric Power Regulatory Authority (NEPRA) ■-kCc.9 NEPRA Tower, Ataturk Avenue (East) G-5/11, Islamabad Phone No. +92-51-2013200

SUBJECT: REGISTRATION No: LAG - 255 REJOINDER - GENERATION LICENSE APPLICATION OF RESHMA POWER GENERATION (PVT.) LIMITED (THE "COMPANY").

Dear Sir,

This is with reference to the reservations highlighted by M/s. Anwar Kamal Law Associates (the "AKLA") vide letter R/NEPRA/316/ 14 dated July 04, 2014 withrespect to issuance o enera ion License to Reshma Power Generation (Pvt.) Limited thermal power plant of 96.96 MW (gross ISO) located at District Kasur.

Please find below point wise reply to the reservations raised by AKLA for your consideration:

,411)

.S A L-Ted9

— SA Ci r̀)P..)

‘4(')$1N Cc- V C tk.\

(T)

That the approval granted by Government of Pakistan for utilization of the existing available generation capacity as Short Term IPPs (STIPPs) is based on Take and Pay Mechanism resulting in elimination of idle capacity payments. Therefore the additional burden to consumers and exchequer will be non-existent incase of STIPPs since the projects will be eligible for payments against actual energy delivered instead of available capacity mechanism (Take or Pay). It is also pertinent to mention the project is ideally located in the industrial hub of Raiwind which observes 6-8 hours of load shedding. The project will contribute in reducing the load shedding upto the capacity offered, will reduce line losses & will also improve the transmission voltage.

2. RPGL has no outstanding liabilities towards Northern Power Generation Company Limited a: (NPGCL) and Government of Pakistan as already evident from the Settlement Agreement

entered into between NPGCL and RPGL, duly witnessed by NAB (certified copy of the Settlement Agreement already provided to NEPRA vide Generation License Application). Furthermore there stands no litigation of RPGL with any Government Entity.

3. That regarding the settlement of total loan amount of PKR 22 billion, drawn by NTDC/GENCOs for RPPs advance payments, it is not relevant to RPGL as the Company's liability is restricted upto PKR 4.576 billion which has been fully paid along with accrued interest.

4. AKLA has also inquired if GENCOs have paid their dues which is not relevant to the issuance of generation license to RPGL.

• c,

ICJ 4.5 KM, Link Manga - Raiwind Road, Adjacent to M.S. ReshmaT440;NOr Rohl Nala, Raiwind District Kasur Punirth Pakistan — # +92 42 35393545 i-rv.*.41-92'42 3.53921A9

Page 11: J2 ANWAR KAMAL LAW ASSOCIATES 0,

Thanking you ,

Mirza Muhammad Afridi Chief Executive Officer

5. That the news report attached with AKLA above said letter pertains to liabilities among PSO and IPPs who are based on Take or Pay mechanism hence as highlighted in para 1 above this mechanism is not applicable incase of RPGL.

6. In the light of the above clarifications, it is submitted that the same does not require a public hearing and RPGL may be issued Generation License at the earliest.

We hereby request the Authority to accede to our request for issuance of the Generation License Application for 96.96 MW Thermal Power Plant in the light of the above stated clarifications.

4.5 KM, Link Manga - Raiwind Road, Adjacent to M.S. Reshma Tex Ltd, Near Rohi Nala, Resiwinri niefrie-4 Kriel ir Pt iniesh Prdeicfrim — T.1* 401 1C101CAK CIMV fk 4.01 A C4019 L 0

Page 12: J2 ANWAR KAMAL LAW ASSOCIATES 0,

MN-1.

— /11( ( ;,4 ,

Fax No. +92-51-2600+21

-7„

4.5 KM, Link Mango - Raiwind Road, Adjacent to M.S. Reshma Tex Ltd, Near Rohi Nola, . .

RPGUNEP/04-2014 July 15, 2014

•"/

REGISTRAR v f- National Electric Power Regulatory Authority (NEPRA) NEPRA Tower, Ataturk Avenue (East) G-5/11, Islamabad Phone No. +92-51-2013200

SUBJECT: REGISTRATION No: LAG - 255 REJOINDER # 2 - GENERATION LICENSE APPLICATION OF RESHMA POWER GENERATION (PVT.) LIMITED (THE "COMPANY" OR THE "RPGL").

Dear Sir,

This is with reference to the reservations highlighted by National Transmission and Despatch Company Limited (the "NTDC") vide letter No. GM(WPPO)/631T-18 dated July 07, 2014 with respect to issuance of Generation License to Reshma Power Generation (Pvt.) (the "RPGL") Limited thermal power plant of 96.96 MW (gross ISO) located in District Kasur.

Please find below point wise reply to the observations raised by NTDC for your consideration:

1. NTDC has highlighted that the efficiency has not been indicated in the enclosed NEPRA advertisement of RPGL.

RPGL submits that the efficiency of the project will be addressed at the time of finalization of tariff.

2. NTDC has highlighted that the RPGL Plant consists of open cycle, used machines and the plant is expected to use RFO as fuel, It has been further pointed out by NTDC that the capacity of several existing RFO-fired IPPs with higher efficiencies is being under-utilized due to high cost of imported RFO and the issue of circular debt. Hence, the tariff of this plant would be higher than the tariff of the existing IPPs inducted under the 2002 Power Policy and may fall in the unaffordable range.

\RPGL submits that the prudent comparison of the project should be with existing open cycle based power plants already operating in the Country on RFO. Furthermore, the project will be based on Take and Pay Mechanism instead of Take or Pay mechanism as observed in-case of power plants developed under 2002 Power Policy.This will result in elimination of idle capacity payments which will overall result in competitive tariff as compared to State owned thermal power plants as well as open cycle power plants.

. NTDC has highlighted the existing import policy may not allow RPGL to utilize the temporarily imported machinery and equipment for any purpose other than for use as a temporary Rental Power Plant. Furthermore, in continuation TDC has pointed that if the

Page 13: J2 ANWAR KAMAL LAW ASSOCIATES 0,

Thanking you

f5, utk

Mirza Muhammad Afridi ti

Chief Executive Officer

plant is to be used as an IPP, the sponsor of RPGL may have to settle their previous liabilities towards GENCOs/CRR WAPDA and Custom Clearance department regarding their imported equipment.

RPGL submits that as per clause 3 of the Settlement Agreement entered into between Northern Power Generation Company Limited (NPGCL) and RPGL, duly witnessed by NAB (certified copy of the Settlement Agreement already provided to NEPRA vide Generation License Application) it has no outstanding liabilities towards NPGCL or the Government of Pakistan or any of its departments/organizations and any claim if already initiated shall stand withdrawn. Therefore in the light of the said agreement provisions, any previous liabilities towards GENCOs/CRR WAPDA and Custom Clearance department regarding the imported equipment is not justified.

We hereby request the Authority to accede to our request for issuance of the Generation License Application for 96.96 MW Thermal Power Plant in the light of the above stated clarifications.

4.5 KM, Link Manga - Raiwind Road, Adjacent to M.S. Reshma Tex Ltd, Near Rohi Nola, „ . .

Page 14: J2 ANWAR KAMAL LAW ASSOCIATES 0,

ra .1

(Shah Jahan Mirza)

Managing Director

f-

GOVERNMENT OF PAKISTAN MINISTRY OF WATER & POWER

PRIVATE POWER & INFRASTRUCTURE BOARD

No. 6(618)/PPM/NEPRA/14/FIN

6; 1/September 2014

Deputy Registrar

NEPRA

NEPRA Tower, Attatnrk Avenue

G-5/1, Islamabad.

Subject: Application of Reshma Power Generation Private Limited (RPGL) for

Grant of Generation License

This is with reference to your letter dated 9'1 ' September 2014, on the

subject, soliciting 131113's comments in the matter.

2. Kindly note that the issues raised by Mr. Anwar Kamal are self-

explanatory and, in line with his suggestion, the Authority may hold a public hearing

prior to the grant of Generation License to RPGL. Further, it is clarified that 1113/GoP is

not in any litigation with the Company.

3. The comments contained in paragraphs 'a', 'b' and 'c' of NTDC's letter

(forwarded by NEPRA) do not pertain to 1 3113. However, with regard to paragraph 'd'

of the aforesaid letter, we would like to clarify that the referred decision of the

Economic Coordination Committee (FCC) of the Cabinet does not entrust P1113 with the

formulation of any policy. Also, it would not be inappropriate to highlight here that

policy formulation is not the mandate of PPM,

Regards,

Sincerely,

50 -Nazimuddin Road, F-7/4, Islamabad-Pakistan Tel: (92-51) 9100118-29 Fax: (92-51) 9100131, 9100132