rfp bharatpur city

183
Request for Proposal (RfP) Distribution Franchisee for D ,, . Request fo For Appointment of ‘Inp Distribution Franchisee f of Electricity in Bharatp Tender No. (TN) – 02 Issu Addl. Chief Enginee Jaipur Vidyut Vitaran Old Power House Jaipur – 302 006 w for Appointment of ‘Input plus Investment’ ba Distribution and Supply of Electricity in Bharatpur C or Proposal (RFP) Docum put plus Investment’ Based for Distribution and Supply pur City ued by: er (M&P, PPP & DSM) Nigam Limited (JVVNL) Premises, Bani Park 6, Rajasthan, India ww.jaipurdiscom.com ased City RFP for Bharatpur City Page 1 of 61 ment

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Page 1: RFP Bharatpur City

Request for Proposal (RfP) f

Distribution Franchisee for Dis

,, .

Request for

For Appointment of ‘Input

Distribution Franchisee fo

of Electricity in Bharatpu

Tender No. (TN) – 02

Issue

Addl. Chief Engineer

Jaipur Vidyut Vitaran N

Old Power House P

Jaipur – 302 006,

w w

fP) for Appointment of ‘Input plus Investment’ bas

or Distribution and Supply of Electricity in Bharatpur Cit

for Proposal (RFP) Docum

‘Input plus Investment’ Based

for Distribution and Supply

ratpur City

Issued by:

ineer (M&P, PPP & DSM)

ran Nigam Limited (JVVNL)

use Premises, Bani Park

006, Rajasthan, India

w w w . j a i p u r d i s c o m . c o m

based

City

RFP for

Bharatpur City

Page 1 of 61

ument

sed

ply

Page 2: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 2 of 61

Table of Contents

Disclaimer ..................................................................................................... 6

1 Summary Sheet ................................................................................... 8

2 Abbreviations & Definitions ................................................................ 9

3 About JVVNL and Bharatpur DF Area ................................................ 13

3.1 Background of JVVNL............................................................................................. 13

3.2 Objectives of the Project ........................................................................................ 14

3.3 Relevant Provisions of the Electricity Act, 2003 ......................................................... 14

3.4 Brief description about the Franchisee Area.............................................................. 14

3.5 Minimum Capital Expenditure ................................................................................. 21

3.6 Details of employees in the Franchisee Area are as below: ........................................ 22

4 Project Description ........................................................................... 23

4.1. Salient Features of the Project ................................................................................ 23

4.2. Brief Roles and Responsibilities of Distribution Franchisee within the Franchisee Area .. 23

4.3. Rights and Authorities of the Franchisee .................................................................. 24

4.4. Brief Roles and Responsibilities of JVVNL ................................................................. 25

4.5. Term of Franchisee ................................................................................................ 25

4.6. Distribution Franchisee Agreement "DFA" ................................................................ 25

5 Process .............................................................................................. 26

5.1 Bidding Process ..................................................................................................... 26

Page 3: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 3 of 61

6 Pre-Qualification Criteria .................................................................. 28

6.1 Technical Proposal ................................................................................................. 28

6.2 Financial Proposal .................................................................................................. 29

7 Instructions to Bidders ..................................................................... 31

7.1 Submission of Technical Proposal ............................................................................ 31

7.2 Submission of Financial Proposal ............................................................................. 32

7.3 Fees and Deposits ................................................................................................. 32

7.4 Time Table and Milestones ..................................................................................... 34

7.5 Opening of Technical Proposal ................................................................................ 35

7.6 Responsiveness ..................................................................................................... 35

7.7 Opening of Financial Proposal ................................................................................. 36

7.8 Validity of terms of bids ......................................................................................... 36

7.9 Amendment in the RFP Document ........................................................................... 36

7.10 Language of the Bid .............................................................................................. 36

7.11 Other Instructions ................................................................................................. 37

List of Tables

Table 1: Details of distribution companies ....................................................................... 13

Table 2: Organizational Structure of Bharatpur City Electricity Distribution System .............. 15

Table 3: Distribution Infrastructure Summary as on 31st March 2015 ................................ 15

Table 4: Details of Transmission EHV Substations for input supply to the Franchisee Area ... 16

Table 5: Details of Input Points to the Franchisee Area ..................................................... 16

Page 4: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 4 of 61

Table 6: Losses and Average Billing and Revenue Realization for Bharatpur City Considered for

Distribution Franchisee ..................................................................................... 17

Table 7: Category wise Consumer Details for Bharatpur City ............................................. 18

Table 8: Category wise Contracted Load (kW) Details for Bharatpur City ............................ 18

Table 9: Category wise Unit Sales (MUs) for Bharatpur City .............................................. 19

Table 10: Category wise Revenue Billed and Collected (Rs. Cr.) for Bharatpur City ................ 19

Table 11: Category wise Outstanding Arrear (Rs. Cr.) as on March'15 for Bharatpur City ....... 20

Table 12: Capital Works in Progress ................................................................................. 20

Table 13: Details of Outsourcing Activities ........................................................................ 21

Table 14: Minimum Capital Expenditure ............................................................................ 21

Table 15: Details of Utility Employees in the Franchisee Area .............................................. 22

List of Exhibits

Exhibit 1: Covering Letter for Technical Proposal ............................................................... 38

Exhibit 2: Letter of Commitment ...................................................................................... 40

Exhibit 3: Information Requirement for Technical Proposal ................................................. 42

Exhibit 4: Letter of Authorisation from Affiliate(s) of Bidder whose financial capability has been

used by the Bidder ........................................................................................... 48

Exhibit 5: Format for Financial Requirement – Relationship & Details of Equity Shareholding

(Refer Clause 6.1.4) ......................................................................................... 50

Exhibit 6: Undertaking regarding Blacklisting ..................................................................... 51

Exhibit 7: Letter of Acceptance ........................................................................................ 52

Exhibit 8: Information Requirement for Financial Proposal .................................................. 54

Page 5: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 5 of 61

Exhibit 9: Format for Financial Proposal ............................................................................ 55

Exhibit 10: Bank Guarantee Format .................................................................................... 56

Exhibit 11: Power of Attorney for Signing Authority ............................................................. 58

Exhibit 12: Code of Conduct issued by Ministry of Power, Govt. of India for Grant of Distribution

Business License .............................................................................................. 60

Page 6: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 6 of 61

Disclaimer

1. This RFP document is non-transferable.

2. Jaipur Vidyut Vitaran Nigam Limited (JVVNL) is a statutory body constituted in year 1999

from the erstwhile Rajasthan State Electricity Board and has been engaged in distribution

of electricity in the eastern part of the State of Rajasthan. The Distribution Franchisee

Agreement shall be entered into between JVVNL and the successful Bidder selected by

JVVNL through an open and transparent competitive bidding process.

3. Although JVVNL has taken adequate care while preparing the RFP document, however, the

Bidders shall satisfy themselves that document is complete in all respects. If noticed,

Bidders shall intimate any discrepancy in the RFP document to office of the undersign

within 5 days from the date of issuance of the RFP document. If no intimation is received

from the Bidders within the stipulated period, it shall be assumed that the RFP document is

complete in all respects and fulfil the expectations of the Bidders.

4. JVVNL may modify, amend or supplement any aspect of this RFP document, including

selection process and evaluation criteria, if deemed necessary by it or the same is required

under law. Further, JVVNL or its authorized officers reserve the right, without prior notice,

to change the selection procedure and the delivery of information at any time before

submission of bids without assigning any reasons thereof. However, such change shall be

posted on JVVNL’s and other relevant website i.e. www.jaipurdiscom.com and Rajasthan e-

Procurement website i.e. http://eproc.rajasthan.gov.in

5. This document is not intended to provide basis of any investment decision to be made by

any Bidder. Each prospective Bidder must make his own independent assessment of the

project, baseline parameters and ground conditions at his own cost. JVVNL, nor its

employees, consultants, advisors accept any liability or responsibility for the accuracy or

completeness of, nor make any representation or warranty, express, or implied, with

respect to the information contained in the RFP, or on which the RFP is based, or any other

information or representations supplied or made in connection with the Selection Process.

6. Nothing in the RFP should be relied on, as a promise or representation as to the future.

JVVNL, its officers, employees and consultants have made best efforts to provide as

accurate and reliable information as possible. However, before submitting their bids, the

Bidders are expected to independently assess, verify and validate the information/data

provided in the RFP and DFA documents.

JVVNL, its officers, employees and consultants have no responsibility for authenticity of the

information/data hence shall not be held liable for any possible omission,

misrepresentation, mistake or error in the information/data provided in the RFP and DFA

documents and consequences thereof.

Page 7: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 7 of 61

7. JVVNL reserves the right to annul the bid process and/or reject any or all of the Bids

submitted in response to this RFP document at any stage without assigning any reasons

whatsoever. In such cases JVVNL will refund the earnest money deposit and cannot be

subjected to any liability whatsoever due to such rejection/cancelation.

8. It is also agreed that the RFP document is not confidential.

Addl. Chief Engineer (M&P, PPP & DSM),

JVVNL, Old Power House Premises, Banipark,

Jaipur - 302 006

Page 8: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 8 of 61

1 Summary Sheet

Project summary Appointment of “Input plus Investment” based Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

Franchisee Area Bharatpur City falling under JVVNL as per details contained in Clause 3.4 of this RFP document

Issue of RFP Document (Start/End Date)

Document can be downloaded from

http://eproc.rajasthan.gov.in, http://jaipurdiscom.com,

Start Date : 15-Oct-2015

End Date : 30-Nov-2015 upto 5 PM only

Pre-bid Meeting 30-Oct-2015 at 11:00 AM at Conference Hall, First Floor, Vidyut Bhawan, Janpath, Jaipur – 302 005

Last date and time of submission of Bids

30-Nov-2015 at 5:00 PM

Due date of opening

Part – I : Technical Bid 01-Dec-2015 at 3:00 PM

Part – II : Price Bid of the technically qualified bidders on a date and time to be intimated after the technical bid evaluation

Place of opening Office of Addl. Chief Engineer (M&P, PPP & DSM), JVVNL, Old Power House Premises, Banipark, Jaipur – 302 006

Bid to be addressed to Addl. Chief Engineer (M&P, PPP & DSM), JVVNL, Old Power House Premises, Banipark, Jaipur – 302 006

Telephone No. 0141-2301355

Fax No. 0141-2204960

Web-site www.jaipurdiscom.com

Email address [email protected]

Earnest Money Deposit

Rs. 5.50 Crore (Rupees Five Crore Fifty Lakh Only) by the crossed Demand Draft in favour of "Accounts Officer (TW), JVVNL" payable at Jaipur.

Tender Document Fee Rs 10,000/- (Rupees Ten Thousand Only) by the crossed Demand Draft in favour of "Accounts Officer (TW), JVVNL" payable at Jaipur.

RISL Processing Fees Rs 1,000/- (Rupees One Thousand Only) by the crossed Demand Draft in favour of "Managing Director, RISL" payable at Jaipur.

Page 9: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 9 of 61

2 Abbreviations & Definitions

2.1. Abbreviations:

RERC : Rajasthan Electricity Regulatory Commission

JVVNL : Jaipur Vidyut Vitaran Nigam Limited

RVPNL : Rajasthan Vidyut Prasaran Nigam Limited

Crore (Cr) : Number equivalent to 10 million or 100 lacs

DF : Distribution Franchisee

DTR : Distribution Transformer

EHV : Extra High Voltage

EMD : Earnest Money Deposit

FA : Franchisee Area

FY : Financial Year

HP : Horse Power

HT : High Tension

IST : Indian Standard Time

IT : Information Technology

KM : Kilometres

kV : Kilo Volt

LoI : Letter of Intent

LT : Low Tension

MCB : Miniature Circuit Breaker

MUs : Million Units

O & M : Operations & Maintenance

PD : Permanently Disconnected

RFP : Request for Proposal

Rs. : Indian Rupees

SCC : Service Connection Charge

SD : Security Deposit

SLC : Service Line Charge

SLDC : State Load Despatch Centre

T&D : Transmission & Distribution

Page 10: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 10 of 61

2.2. Definitions:

i. Affiliate – Shall mean a Company that either directly or indirectly:

(a) Controls, or

(b) is controlled by, or

(c) is under common control with

a company and “control” means ownership by one Company of more than 50% (Fifty

Percent) of the paid-up capital of the other Company. Any bank or financial institutions

shall not be considered as an Affiliate.

ii. Base Year – Shall mean the Financial Year 2014-15.

iii. RERC – Shall mean the Rajasthan Electricity Regulatory Commission, Jaipur, or its

successor(s);

iv. Bid - Shall mean the Technical Bid and Price Bid submitted in response to this RFP

document issued by JVVNL.

v. Bidder - Shall mean the Public Limited Company registered under Indian Companies Act,

1956/2013 which is bidding for the Project

vi. Consumer – Shall mean consumer irrespective of the voltage level at which electricity is

supplied to him, as defined under the Electricity Act, 2003

Note: A consumer would be either referred to as “Low Tension Consumer (LT consumer)”

meaning person who has been supplied power by the licensee at low voltage or “High Tension

Consumer (HT consumer)” meaning person who has been supplied power by the licensee at high

voltage, until and unless specified otherwise.

vii. Collection Efficiency – Shall mean the ratio of revenue actually realized from

Consumers (including the subsidy amount, if any) and energy amount billed to

Consumers (including the subsidy amount, if any), in percentage terms for a particular

period and shall be calculated as below:

Collection Efficiency =

Revenue realized from Consumers

in rupees

X 100

Energy Billed to Consumers in

rupees

viii. Distribution – Shall mean the supply and conveyance of electricity by means of

distribution system.

ix. Distribution Franchisee / Franchise - Shall mean the successful bidder appointed by

JVVNL to act as an agent of JVVNL to purchase and distribute electricity in the

Franchisee Area.

Page 11: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 11 of 61

x. Distribution Franchisee Agreement “DFA” - Shall mean the Agreement to be

entered into by JVVNL and the successful bidder for Distribution Franchisee for

undertaking distribution and Supply of electricity through the Franchisee in the specified

area.

xi. Distribution Assets - Shall mean the assets created and owned/employed by JVVNL in

the Franchisee Area as on effective date, beyond the input points, for distribution of

electricity including 33 kV, 11 kV and LT Lines, both overhead and underground, 33/11

kV Sub-stations, control rooms, 11/0.4 kV Sub-stations, HV/LV underground cables,

electrical plant, control switch gear, meters having design voltage 33 kV and below,

service lines and other similar assets at the consumer end and other assets

owned/employed by JVVNL for distribution of electricity including Complaint Centres,

Billing/IT Centres, Collection Centres, Stores (except major Stores – to be specified by

JVVNL), Transformer Repair Workshops/Test Labs dedicated to the Franchisee Area,

Division/Sub-division/Distribution Centre offices together with furniture, fixtures, IT

hardware/software and communication equipments. It shall include vacant land owned

by JVVNL identified for creation of sub-stations and offices within the Franchisee Area. It

will also include residential accommodations which are presently occupied by JVVNL Staff

who may choose to go on deputation with the Distribution Franchisee or are lying

vacant, community hall and training centres and other offices spaces and open land

which may not be required by JVVNL after handing over to the Distribution Franchisee

subject to an undertaking from the DF that the property owned by JVVNL shall not in any

way be sold, transferred, disposed off, alienated, mortgaged or sub-let by it as well as

such properties shall not be used by the DF for any other purpose . No rent shall be

charged by JVVNL for the assets handed over to the franchisee.

xii. Distribution Licensee - Shall mean the Jaipur Vidyut Vitaran Nigam Limited (JVVNL) or

its Successor.

xiii. Expiry Date - Shall mean the twentieth (20th) anniversary of the effective date.

xiv. Effective Date - Shall mean the date of handing over of the business operations of

Franchisee Area by JVVNL to the Distribution Franchisee pursuant to the Distribution

Franchisee Agreement after the conditions precedents are satisfied.

xv. Financial Proposal - Shall mean the proposal of the Bidder setting out the Input Rate

for the Energy injected by JVVNL at the Inputs Points in the Franchisee Area and other

details as set out in Clause 6.2 of this Document.

xvi. Franchisee Area - Shall mean the area as mentioned in the Clause 3.4 of the RFP in

respect of which Distribution Franchisee shall act as an agent of JVVNL.

xvii. Input Energy - Shall mean sum total of net energy supplied to the Franchisee Area

through all input points.

xviii. Input Points - Shall mean 132kV side of 220/132kV, 33 kV side of 220/33 kV, 132/33

kV and 11 kV side of 132/11 kV power transformers at EHV Sub-stations, if the same is

supplying power only to the franchise area. In case 220/33 kV, 132/33 kV and/or 132/11

Page 12: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 12 of 61

kV power transformers are also supplying to area(s) other than the franchise area, the

respective 33 kV and/or 11 kV feeders supplying to franchise area shall be considered as

input points and shall include such other EHV/HV substations or feeders, 33 kV & 11 kV

cross-over points and all the injection points of Captive Power Plants, IPPs, Non-

conventional energy sources which may feed energy to the Franchisee Area at the

Effective date or during the term of the Agreement.

xix. Input Energy Rate - Shall mean Rupees per unit of electricity supplied by JVVNL at the

Input Points, and shall be quoted by the Bidder.

xx. Parties - Shall mean a reference to selected Bidder and JVVNL collectively and “Party”

shall mean an individual reference to either one of them.

xxi. Prudent Utility Practices - Shall mean the practices, methods and standards that are

generally accepted nationally from time to time by electric utilities for the purpose of

ensuring the safe, efficient distribution of electricity, operation and maintenance of

Distribution Assets, etc. and as may be specifically specified in the Standards of

Performance Regulations and / or the Electricity Supply Code Regulations of the RERC.

xxii. Project – Shall mean the purchase and distribution of electricity and related activities in

the Franchisee Area as a Distribution Franchisee of JVVNL in accordance with the

requirements set forth in the RFP.

xxiii. Proposal/Bid – Shall mean the Technical Proposal/Bid and Financial Proposal/Bid

submitted by a Bidder as per the provisions of this RFP document

xxiv. Request for Proposal (RFP) document - Shall mean this document, issued to the

Bidders seeking Technical and Financial Proposals read with all subsequent addenda /

errata / corrigenda issued thereto.

xxv. Technical Proposal - Shall mean the proposal of the Bidder setting out details as set

forth in Clause 6.1 of this Document.

Page 13: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 13 of 61

3 About JVVNL and Bharatpur DF Area

3.1 Background of JVVNL

In year 1999 Government of Rajasthan (GoR) introduced the power sector reform policy

and restructured the erstwhile Rajasthan State Electricity Board (RSEB) into five entities-

Rajasthan Rajya Vidyut Utpadan Nigam Limited (RVUNL), Rajasthan Rajya Vidyut

Prasaran Nigam Limited (RVPNL), Ajmer Vidyut Vitran Nigam Limited (AVVNL), Jaipur

Vidyut Vitran Nigam Limited (JVVNL), Jodhpur Vidyut Vitran Nigam Limited (JdVVNL).As

per the Policy Statement for the Rajasthan Power Sector Reform Programme initiated on

May 1999 primary reasons for unbundling the Discom have been outlined below:

� Bring about improvements in the efficiency of the delivery system,

� Create an environment of growth in the power sector for the overall benefit of

the people of the State.

� Private participation in the distribution companies in a phased manner through

joint venture Companies.

� Improvements in the condition of transmission and distribution network.

The State has been geographically divided into three distribution companies (with

headquarters at Jaipur, Jodhpur and Ajmer) formed on considerations of viability and

operational convenience. Details of distribution companies are as under:

Table 1: Details of distribution companies

Bharatpur City come under Bharatpur administrative district and the Bharatpur electricity

O & M Circle is covered under JVVNL. The goal set forth by JVVNL is to bring about

operational efficiency, reduction in losses in the Franchisee Area and to provide the

improved services to consumers in the Franchisee area in terms of quality, reliability and

consistency in supply of electricity.

Distribution Company Districts Covered O&M Circles Covered

Jaipur Vidyut Vitran

Nigam Ltd (JVVNL)

Headquarter at Jaipur

Jaipur, Alwar, Dausa, Bharatpur,

Karauli, Dholpur, Sawai

Madhopur, Tonk, Kota,

Jhalawar, Baran, Bundi

Jaipur City, Jaipur District, Alwar,

Dausa, Dholpur, Bharatpur, Karauli,

Sawai Madhopur, Kota, Jhalawar,

Tonk, Baran, Bundi.

Ajmer Vidyut Vitran

Nigam Ltd (AVVNL)

Headquarter at Ajmer

Ajmer, Jhunjhunu, Sikar,

Nagaur, Bhilwara, Chittorgarh,

Udaipur, Rajsamand, Banswara,

Dungurpur, Pratapgarh

Ajmer city, Ajmer district, Jhunjhunu,

Dungarpur, Sikar, Nagaur, Bhilwara,

Chittorgarh, Udaipur, Banswara,

Pratapgarh, Rajsamand.

Jodhpur Vidyut Vitran

Nigam Ltd (JDVVNL)

Headquarter at Jodhpur

Jodhpur, Sri Ganganagar,

Hanumangarh, Churu, Bikaner,

Jaisalmer, Barmer, Pali, Jalore,

Sirohi

Jodhpur City, Jodhpur District, Sri

Ganganagar, Hanumangarh, Churu,

Bikaner, Barmer, Pali, Jaisalmer,

Sirohi, Jalore.

Page 14: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 14 of 61

3.2 Objectives of the Project

3.2.1. In an endeavour to improve operational efficiency of the distribution system and quality

of service to its consumers, JVVNL seeks to bring in management expertise through

public-private participation in distribution of electricity.

3.2.2. JVVNL intends to appoint an Input Based Distribution Franchisee for Bharatpur City which

will be selected by JVVNL through open and transparent competitive bidding process.

3.2.3. JVVNL's objectives of appointing a distribution franchisee, inter alia, are:

i. To minimize Aggregate Distribution and Commercial losses

ii. To bring improvement in Metering, Billing and Revenue Collection

iii. To minimize Current Assets on account of arrears

iv. To enhance customer satisfaction level by improving quality of service

3.2.4. Selection of the Distribution Franchisee shall be carried-out through a transparent open

bidding process as provided in the Rajasthan Transparency in Public Procurement Act

(RTPPA) 2012 and within the provisions of the Electricity Act, 2003 and amendments

thereof.

3.3 Relevant Provisions of the Electricity Act, 2003

3.3.1. The Electricity Act has opened new avenues for bringing in private participation in

distribution sector.

3.3.2. The 7th proviso to Section 14 of the Electricity Act, 2003 states that:

“…in a case where a distribution licensee proposes to undertake distribution of electricity

for a specified area within his area of supply through another person, that person shall

not be required to obtain any separate license from the concerned State Commission and

such distribution licensee shall be responsible for distribution of electricity in his area of

supply”

3.3.3. Accordingly, a person who undertakes the distribution of electricity for a specified area

on behalf of the Distribution Licensee will not be required to obtain separate license from

the concerned State Electricity Regulatory Commission.

3.4 Brief description about the Franchisee Area

3.4.1. Bharatpur is the eastern gateway of Rajasthan. The Bharatpur electric supply area

consists of the Bharatpur O&M circle having 3 nos electric supply division i.e. Bharatpur,

Deeg, Bayana. Out of these Bharatpur division is considered for Franchisee operation.

Bharatpur is well connected by rail and road.

3.4.2. A brief description of the existing distribution network in the Franchisee Area is given

herewith. The Organization Structure of the Franchisee Area along with Divisions and

sub-divisions is as outlined in Table 2.

Page 15: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 15 of 61

Table 2: Organizational Structure of Bharatpur City Electricity Distribution System

Name of Town Name of Sub-division

Bharatpur

AI

AII

A III

3.4.3. Distribution infrastructure in the Franchisee Area is given below:

Table 3: Distribution Infrastructure Summary as on 31st March 2015

Particulars Units Particular

EHV Sub-station Nos. 2

132 KV Input Point Nos. 1

33 KV Input Point Nos. 7

11 KV Input Point Nos. 4

11 KV Input Point (Cross Over) Nos. 7

Total Input Points Nos. 12

33 KV Substation Nos. 9

33 KV Substation Capacity MVA 90.15

11 KV Switching Station Nos. 0

11 kV Feeder Nos. 39

33 KV Lines

Over Head Line Kms 35

Under Ground Kms 2

Total Kms 37

11 KV Lines

Over Head Line Kms 160.88

Under Ground Kms -

Total Kms 160.88

LT Lines

Over Head Line Kms 308.75

Under Ground Kms -

Total Kms 308.75

33 KV Lines Nos. 37

11 KV Lines Nos. 160.88

L. T. Lines Nos. 308.75

Total Nos. 505.63

11 KV/433 V DT Nos. 770

Page 16: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 16 of 61

Table 3(a): Distribution Transformers installed in Bharatpur City

Year

63

0 K

VA

50

0 K

VA

31

5 K

VA

25

0 K

VA

20

0 K

VA

16

0 K

VA

10

0 K

VA

63

KV

A

40

KV

A

25

KV

A

16

KV

A

10

KV

A

5 K

VA

FY 2014-15 2 1 56 89 2 53 284 78 16 147 16 16 10

Table 3(b): Distribution Transformers failure in Bharatpur city

Year

63

0 K

VA

&

50

0 K

VA

31

5 K

VA

25

0 K

VA

20

0 K

VA

16

0 K

VA

10

0 K

VA

63

KV

A

25

KV

A

16

KV

A

10

KV

A

FY 2014-15 3 1 4 0 8 22 10 11 3 7

3.4.4. The EHV/HV substations/ feeders of the Franchisee Area as mentioned in Table 4 shall

form the input points for injection of electricity in the Franchisee Area. Details of EHV sub

stations (Input Points) are as under:

Table 4: Details of Transmission EHV Substations for input supply to the Franchisee

Area

Name of the

Division/ Sub-

Division

Name of EHV/ HV sub-station Capacity Installed (MVA)

Bharatpur

220/132/33 KV 50

132/33/11 KV 60

Table 5: Details of Input Points to the Franchisee Area

Name of the

Division/ Sub-

Division

Name of EHV/ HV sub-

station

Input Feeders

132KV 33KV 11KV

Bharatpur

220/132/33 KV 1 2 -

132/33/11 KV - 4 4

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Table 5(a): Details of Input Points to the Franchisee Area

Sl

No

Name of

the GSS

Transformer

No & Capacity Voltage Name of the Feeders

Metering

Status

Feeding SS/

Area

1

132/33/11

KV GSS

132/33 KV Tr-1 , 25MVA

33KV 33 KV O/G- I/A OK I/A

2 33KV 33 KV O/G- Chambal OK PHED-Water

works

3 33KV 33 KV O/G- Heeradas OK SJ Nagar, Heradas

4 132/33 KV Tr-2 ,

25MVA 33KV

33 KV O/G- Co. Bagh (Red cross)

OK

SJ Nagar, Red

Cross, SPM Nagar, Choburja

5

132/11 KV 10

MVA Transformer

11KV

11 KV O/G-City OK Moti jheel

6 11 KV O/G-Wagon

Factory OK

Ekta Vihar, Giriraj

colony, Stn road, Bajaria

7 11 KV O/G-Colony OK

Cantt area,

JVVNL colony Moti jheel

8 11 KV O/G- MES OK Cantt area

1

220/132/3

3KV GSS RIICO

132/33 KV Tr-1

& Tr-2, 20/25 MVA

33KV

33 KV O/G- Co. Bagh OK Saras, Company

Bagh

2 33 KV O/G- RIICO OK RIICO

3 220/132 KV Tr-

1,2 & 3 132 KV Railway 1 & 2 OK Railway Traction

4

132/33 KV Tr-1

& Tr-2, 20/25

MVA

33 KV BPCL OK BPCL

3.4.5. The loss and collection efficiency for the Franchisee Area is given below:

Table 6: Losses and Average Billing and Revenue Realization for Bharatpur

City Considered for Distribution Franchisee

Year

Units

Input

(MUs)

Unit

Billed

(MUs)

T&D Loss

(%)

Collection

Efficiency

(%)

Avg. Billing

Rate (Rs.

/KWh)

Avg.

Revenue

Realization

(Rs. / KWh)

FY 2010-11 242.18 193.68 20.03% 96.87% 4.00 3.10

FY 2011-12 261.94 211.91 19.10% 97.49% 4.63 3.65

FY 2012-13 272.73 212.81 21.97% 97.97% 5.47 4.18

FY 2013-14 287.37 226.29 20.25% 91.07% 5.81 4.17

FY 2014-15 317.13 230.15 27.43% 100% 5.93 4.31

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3.4.6. Category wise consumer detail, Connected Load, Sales, Revenue Details for Bharatpur

City is as under:

Table 7: Category wise Consumer Details for Bharatpur City

Table 8: Category wise Contracted Load (kW) Details for Bharatpur City

Particular FY 2009-10 FY 2010 -11 FY 2011-12 FY 2012-13 FY 2013-

14 FY 2014-15

Domestic 42440 45980.03 48881 52036.53 55021.03 59048.19

Non –Domestic 29613 31893.54 29524 36935.62 38879.52 41108.30

Public Street Light 2393 2649.1 2891 2961.1 3045.1 2997.93

Agriculture( Metered) 203 661 691 500.5 551.5 570.65

Agriculture Flat 0 7 7 0 0 2.50

Small Industry 6405 7110.5 7468 7771.95 7951.42 8616.82

Medium Industry 7503 8133 8510 8577 9405 9516.35

Large Industry 24030 24030 25584 25584 25584 26933.00

Public Water Works(S) 950.1 1388.5 1589.5 1719 1830.5 2115.00

Public Water Works(M) 475.2 530.2 530.2 530.2 530.2 546.87

Public Water Works(L) 778.5 778.5 778.5 778.5 778.5 779.00

Mixed Load/ Bulk Supply 3011.41 4010.45 2606.45 2706.45 2556.45 2501.12

Electric Traction 8500 8500 8500 8500 8500 8500

Total 126302.21 135671.82 137560.65 148600.85 154633 163235.73

No of effective consumers

Particular FY 2009-

10

FY 2010-

11

FY 2011-

12

FY 2012-

13

FY 2013-

14

FY 2014-

15

Domestic 29029 32748 34595 36273 38166 39132

Non –Domestic 5411 6016 6379 6682 6963 7123

Public Street Light 126 128 128 135 143 154

Agriculture( Metered) 36 101 105 81 85 85

Agriculture Flat 0 1 1 0 0 0

Small Industry 536 591 618 638 656 673

Medium Industry 99 108 114 115 127 133

Large Industry 66 66 72 74 72 80

Public Water Works(S) 63 99 128 143 159 165

Public Water Works(M) 9 10 10 10 10 10

Public Water Works(L) 2 2 3 3 3 3

Mixed Load/ Bulk Supply 124 152 74 77 78 82

Electric Traction 1 1 1 1 1 1

Total 35502 40023 42228 44232 46463 47641

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Table 9: Category wise Unit Sales (MUs) for Bharatpur City

Particular FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15

Domestic 65.12 64.44 65.63 64.44 76.02

Non-Domestic 14.52 17.98 21.46 17.98 24.48

Public Street Light 4.88 5.56 7.05 5.56 6.48

Agriculture(Metered) 0.25 0.66 0.88 0.66 0.68

Agriculture (Flat) 0 0.01 0.01 0.01 0

Small Industry 4.04 4.04 3.94 4.04 3.90

Medium Industry 8.29 8.16 6.89 8.16 7.19

Large Industry 47.17 58.16 51.43 58.16 100.01

Public water Works(S) 2.66 4.42 3.48 4.42 2.34

Public water Works(M) 0.63 0.76 1.75 0.76 0.76

Public water Works(L) 1.95 2.02 3.07 2.02 4.41

Mixed Load/Bulk Supply 6.83 7.48 4.9 7.48 3.88

Electric Traction 37.31 38.18 40.67 38.18 *

Total 193.65 211.87 211.16 211.87 230.15

Table 10: Category wise Revenue Billed and Collected (Rs. Cr.) for Bharatpur City

Particulars

Revenue Billed including Electricity Duty

(Rs. Cr.)

Revenue Collected including Electricity

Duty (Rs Cr.)

FY

2010-11

FY

2011-12

FY

2012-13

FY

2013-14

FY

2014-15

FY

2010-11

FY

2011-12

FY

2012-13

FY

2013-14

FY

2014-15

Domestic 22.73 27.73 33.94 40.33 45.08 22.49 35.51 33.89 38.8 46.65

Non-Domestic 8.25 11.59 15.89 18.37 18.73 8.09 11.41 15.64 17.63 19.18

Public Street Light 2.2 2.53 4.13 3.97 4.42 2.57 2.3 3.89 1.86 3.72

Agriculture(Metered) 0.05 0.15 0.21 0.31 0.33 0.04 0.15 0.21 0.3 0.12

Small Industry 1.83 2.04 2.32 2.52 2.44 1.83 2.19 2.36 2.31 2.42

Medium Industry 4.15 4.5 4.55 5.14 5.05 3.93 4.7 5.47 4.76 5.12

Large Industry 23.67 31.93 33.49 42.13 64.28 23.32 32.42 33.59 41.66 63.35

Public water Works(S) 1.1 2 1.78 1.7 1.27 1.17 1.83 1.86 1.53 1.22

Public water Works(M) 0.31 0.42 0.55 0.55 0.59 0.48 0.44 0.55 0.54 0.61

Public water Works(L) 0.96 1.15 2.01 2.33 3.06 0.96 1.03 2.11 2.28 3.08

Mixed Load/Bulk Supply 3.02 3.53 2.59 2.8 2.36 2.92 3.33 2.75 2.56 2.48

Electric Traction* 15.06 17.24 21.6 22.03 * 15.06 17.24 21.6 22.03 *

Total 83.33 104.81 123.06 142.18 147.62 82.86 112.55 123.92 136.26 147.95

*from FY 2014-15 Electric Traction category has been merged into Large Industry Category

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Table 11: Category wise Outstanding Arrear (Rs. Cr.) as on March'15 for

Bharatpur City

Particulars Outstanding Arrear for

Regular Consumers (Rs. Cr.)

Outstanding Arrear for

Permanent Disconnected

Consumers (Rs. Cr.)

Total

Domestic 2.83 0.2 2.85

Non-Domestic 2.00 0.1 2.10

Public Street Light 1.79 0 1.79

Agriculture(Metered) 0.21 0.01 022

Small Industry. 0.22 0.09 0.31

Medium Industry -0.02 0.08 0.06

Large Industry 0.49 0.03 0.52

Public water Works(S) 0.21 0.03 0.24

Public water Works(M) -0.02 0 -0.02

Public water Works(L) 0.03 0 0.03

Mixed Load/Bulk Supply -0.20 0 -0.20

Total 7.55 0.54 8.09

Details of capital work in progress, planned capital investment and outsourced activities as on

31st March 2015 are mentioned as below:

Table 12: Capital Works in Progress

Sl. Scope of Work

Name of

the

Contractor

Contract Period

Total

Contract

Value

(Rs. Cr.)

% work

complete

d

Source of

Funding

1

R-APDRP(B)- System

Strengthening work

M/s Vaishno

Associates

2 years (from FY 12-13 to FY 14-

15) 30.96 85%

GoI/Ministry of Power

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Table 13: Details of Outsourcing Activities

Sl. Scope of Work

Name of

Outsourcing

Agency

Contract

Value

(Rs. Lac)

Period of

Contract Liability of early termination

1 Spot Billing M/s BCITS 86.29

5 years

(Apr'14-

Mar'19)

General termination - 3 months

notice & Unsatisfactory

Performance- 21 days notice

2 Distribution of

bills

M/s Sharma

Traders 1.39

1 year

(Apr'14-

Mar'15)

General termination - 3 months

notice & Unsatisfactory

Performance- 21 days notice

3 Distribution of

bills

M/s Pawan

Kumar 1.55

1 year

(Apr'14-

Mar'15)

General termination - 3 months

notice & Unsatisfactory

Performance- 21 days notice

3.5 Minimum Capital Expenditure

The details of minimum capital expenditure of Rs. 68.30 Cr. to be carried out by the

Franchisee over the initial period of five (5) years are given below:

Table 14: Minimum Capital Expenditure

Sl. Indicative Scope of Work (this shall exclude the work already undertaken or to be

undertaken by JVVNL under various schemes)

1

Consumer Care Centre: Establishment / Augmentation / Upgradation of Consumer Care centre and the

Consumer Care centre software supporting advance features like priority customer handling, computer

telephony integration, automatic call distribution etc.

2 Energy Audit, Feeder Metering, DT metering and 100% consumer metering. Meter Test bench both for

testing single Phase & three Phase meters

3 Installation/ Augmentation of Distribution Transformer (DTRs)

4 Strengthening of Distribution network including 33/11kV substations, Installation/ Augmentation of

Power transformer and associated bay equipment at Power Sub-substation.

5. Construction of new 11kV feeders to meet the load growth.

6 Reactive Power Management; Installation of capacitors in the distribution network to improve the power

factor.

7.

Deployment of adequate infrastructure to comply with Rajasthan Electricity Regulatory Commission

(Standards of Performance of Distribution Licensee) Regulations, 2014 as amended from time-to-time

and to bring down the AT&C loss.

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3.6 Details of employees in the Franchisee Area are as below:

Table 15: Details of Utility Employees in the Franchisee Area

Designation

Age Group (X signifies age in years)

Function

X<50 50>X>55 55>X>60 Operation Maintenance Commercial Total

X.En. 1 0 0 1 - - 1

A.En. 1 1 1 - 2 0 2

J.En. 7 0 2 - 9 0 9

Technical Person 105 52 42 - 199 0 199

Non-Technical

Person 15 7 8

- - 30 30

Total 129 60 53 1 210 30 241

Bidders requiring further details on any of the above mentioned heads may contact the

issuing authority or the concerned field offices.

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4 Project Description

4.1. Salient Features of the Project

4.1.1. The Project encompasses all the activities relating to purchase and distribution of power

to the existing / future consumers within the Franchisee Area, maintenance of the

Distribution Assets and all related activities subject to the terms and conditions as

stipulated from time to time by JVVNL and Rajasthan Electricity Regulatory Commission.

4.2. Brief Roles and Responsibilities of Distribution Franchisee within the

Franchisee Area

4.2.1. Undertaking all the liabilities and obligations of the Distribution Licensee in the

Franchisee Area as stipulated in Electricity Act, 2003 and corresponding regulations as if

they were to apply to the Distribution Licensee;

4.2.2. Discharging all duties and responsibilities on behalf of JVVNL as per the terms and

conditions of the License given by RERC;

4.2.3. Undertaking any other activity as may be notified from time to time by RERC to

Distribution Licensee;

4.2.4. Complying with all the directives issued from time to time by RERC and JVVNL for

implementation of RERC directives;

4.2.5. Undertaking the distribution and supply of power to the consumers of JVVNL in the

Franchisee Area;

4.2.6. Undertaking all Operations and Maintenance related activities in the Franchisee Area;

4.2.7. Maintaining the existing distribution network including replacing failed distribution

transformers and defective meters within the time frame as prescribed in Regulations/

Orders/ Directives of RERC including repair of the same;

4.2.8. Undertaking reading of meters, generation and distribution of the bills, collection of

payment from the consumers as per the retail tariff structure determined by RERC and

abiding by the Supply Code and Standards of Performance Regulation and license

conditions thereof;

4.2.9. Making payments to JVVNL as per the terms and conditions mentioned in the Distribution

Franchisee Agreement (DFA);

4.2.10. Collection of arrears as an agent of JVVNL and remittance of the same as per the terms

and conditions of the DFA;

4.2.11. Establishing internal grievance cells /consumer service centre and consumer grievance

redressal forum in accordance with the requirements laid down in the regulations made

by the RERC under Sections 42(5),(6), and (7) of the Act.;

4.2.12. Redressal of Commercial and Billing Complaints;

4.2.13. Allotting new connections and carrying out all necessary activities for release of the

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same;

4.2.14. Maintaining consumer database and billing records as per the format prescribed by

JVVNL ;

4.2.15. Generating Management Information System (MIS) periodically and monitoring reports in

prescribed formats and online communication of the same to JVVNL;

4.2.16. Installing metering devices and carrying out energy audit on monthly basis and submit

the report of the same to JVVNL;

4.2.17. Carrying out periodical demand estimation / load forecasting and apprising JVVNL of the

same;

4.2.18. Maintaining rolling stock of transformers and other necessary material as per the norms

prescribed in [Reference to relevant document / order / notification to be specified by

JVVNL] ;

4.2.19. Upgrading, renovating and maintaining the existing distribution network/ systems/ assets

as per Prudent Utility Practices and the standards that may be prescribed by RERC;

4.2.20. Adherence to SLDC instruction to maintain grid discipline from time to time.

4.2.21. Ensure Zero drawl of reactive power as per the Rajasthan state grid code issued from

time to time.

4.3. Rights and Authorities of the Franchisee

4.3.1. Initiating necessary action, in accordance with the Electricity Act, to prevent the theft of

power, interference with meters and extinguishing public lamps, theft of electric lines

and material etc;

4.3.2. To enter into a tripartite agreement with JVVNL and the Generator and pay transmission

charges to RVPNL , if required, in case power is brought into the Franchisee Area by

purchasing from sources other than JVVNL ;

4.3.3. Charging the consumers in the form of a reliability charge per unit for purchase of power

from sources other than JVVNL to be decided through public hearing process and prior

approval of the RERC.

4.3.4. For the activities outsourced by JVVNL to any agencies prior to appointment of

Distribution Franchisee as indicated in Table - 12 & 13 above, if the Distribution

Franchisee does not agree to continue with such outsourced activities, JVVNL shall cancel

such outsourced agreements with the concerned agencies and termination cost; as

specified in the contract between JVVNL and concerned agencies; shall be borne by

JVVNL.

4.3.5. To continue and complete the works in progress for capital investment already in pipeline

on behalf of JVVNL, if so desired by JVVNL, and to deduct the investments made by

Franchisee on such works from the input energy amount payable to JVVNL.

4.3.6. To request JVVNL for taking up with State Transmission Utility (STU) for up gradation of

EHV S/S capacity from time to time.

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4.4. Brief Roles and Responsibilities of JVVNL

4.4.1. JVVNL shall supply the power at Input Points as per its aggregated power supply and

load shedding schedule planned periodically, based on directives issued by RERC on load

shedding and availability of EHV transmission capacity at Input Points.

4.4.2. JVVNL shall communicate to DF any shortfall or inability to supply the scheduled power

requirements of the DF.

4.4.3. JVVNL shall carry out the meter-reading jointly with DF on a monthly basis at input point

of the Franchisee Area.

4.4.4. On request of Distribution Franchisee, JVVNL employees should provide handholding

support to the Franchisee for the first 3 months for which the Franchisee shall have to

bear the cost of salary & allowances payable to JVVNL employees involved therein.

4.4.5. JVVNL may permit deputation of some of its employees working in the Franchisee Area

as on the Effective Date to the Distribution Franchisee subject to the DF completing the

entire selection process within 3 months from the Effective Date and offer terms and

conditions which are not inferior to the terms and conditions of deputation rules of

JVVNL. Detailed terms of such deputations are given in the draft Distribution Franchisee

Agreement.

4.4.6. JVVNL shall facilitate approval of RERC of the Investment schemes planned by the

Distribution Franchisee from the 16th year onwards from the effective date.

4.4.7. JVVNL shall request the State Transmission Utility to upgrade the primary EHV sub-

stations from time to time to meet the growing demand in franchisee area while the DF

shall have to take care of the overloading of 33/11 kV sub-stations.

4.5. Term of Franchisee

The term of the Distribution Franchisee shall be for a period of Twenty (20) years from

the Effective Date.

4.6. Distribution Franchisee Agreement "DFA"

JVVNL shall enter into an agreement with the DF. This agreement shall govern all

transactions under such arrangement between the successful bidder and JVVNL. The

DFA has been annexed herewith and marked as Annexure. However, JVVNL reserves the

right to make any amendments to the Agreement in Annexure with mutual agreement

with Distribution Franchisee, before the DFA is signed by the Parties provided that such

amendments shall not be in the nature of post bid financial benefit to the Distribution

Franchisee.

4. Se

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5 Process

5.1 Bidding Process

JVVNL has adopted a single-stage, two-part (Technical Bid and Financial Bid), open

competitive bidding (collectively referred as the “Bidding Process”) for selection of a

Bidder for award of the Project.

The bidding process would mainly consist of the following stages.

� Issuance of RFP document

� Pre-bid conference

� Submission of Technical and Financial Proposal

� Bid Evaluation & Award of Contract

A diagrammatic representation of the bidding process is as shown below:

5.1.1. The bidding process shall deemed to be commenced from the date of issuance of the

RFP document. The purpose of this RFP document is to provide information regarding

the proposed Distribution Franchisee Agreement (DFA) in order to assist them in

formulation of their proposals.

5.1.2. A Pre-Bid Conference shall be held by JVVNL on the date as indicated in the Time Table

as per clause 7.4, the purpose of which shall be to address the concerns of the bidders

with respect to RFP document.

5.1.3. The Bidders shall submit Technical and Financial Proposals in response to the RFP

document on the date as indicated in the Time Table mentioned in clause 7.4.

5.1.4. The bidders shall submit an undertaking on non-judicial stamp paper of requisite value

stating that if awarded the project they will form the Special Purpose Vehicle Company

before executing the DFA. The DFA shall be executed between the SPV formed/created

Final Award

Bid Evaluation

Submission of Technical & Financial Proposal

Pre-bid Conference

Issuance of RFP Document to Bidders

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by the Successful Bidder and JVVNL and the Bidder shall become the confirming party.

5.1.5. In terms of the RFP Document, a Bidder shall be required to submit, along with its Bid,

Tender Fee of Rs. 10,000/- (Rupees Ten Thousand Only) and a processing fee of Rs.

1,000/- (Rupees One Thousand Only) for submission of online Bid at

http://eproc.rajasthan.gov.in to RISL (the “RISL Processing Fee”).

5.1.6. As a part of the selection process, Technical Proposal submitted by interested Bidders in

response to RFP document shall be evaluated based on the methodology and evaluation

criteria as detailed in the RFP document. The Bidders are required to submit their

Technical Proposal in the formats placed as Exhibit 1 to 3 of this document.

5.1.7. Financial Proposal of the Bidders satisfying the technical evaluation criteria shall be

evaluated based on the methodology and evaluation criteria as detailed in this RFP. The

information required to be provided by the Bidders submitting their Financial Proposal is

placed as Exhibit 8 and 9 of this document.

5.1.8. The final award of the Project shall be made by JVVNL to the Bidder short-listed after

evaluation of the Financial Proposal.

5.1.9. In the event of two or more Bidders found equal after evaluation of Financial Proposal,

JVVNL reserves the right to select and declare a bidder through any such measure as

may be deemed fit in its sole discretion including annulment of the bidding process.

5.1.10. The selected Bidder shall be issued the Letter of Intent (LoI) by JVVNL.

5.1.11. The selected Bidder shall unconditionally accept the Letter of Intent issued by JVVNL if

selected as a distribution franchisee for the franchisee area, and record on one (1) copy

of the Letter of Intent, “Accepted unconditionally” under the signature of the authorized

signatory of the selected Bidder and return such copy to JVVNL within fifteen (15) days

of issuance of Letter of Intent (LoI) by JVVNL.

5.1.12. The selected Bidder, within thirty (30) days of the date of acceptance of Letter of Intent,

shall submit the Payment Security and Performance Guarantee to JVVNL and execute the

Distribution Franchisee Agreement;

5.1.13. If the selected Bidder fails to accept the Letter of Intent and / or pay the Payment

Security and Performance Guarantee or execute the Distribution Franchisee Agreement

within the stipulated period, JVVNL may cancel the Letter of Intent issued to the selected

Bidder.

5.1.14. The entire Bidding Process shall be carried out as per the provisions of Rajasthan

Transparency in Public Procurement Act (RTPPA), 2012, Rajasthan Transparency in

Public Procurement Rules (RTPPR), 2013 and amendments issued thereafter through e-

Procurement System at http://eproc.rajasthan.gov.in

5.1.15. Bidders shall submit/upload their Technical Bids and Financial Bids in separate files at

http://eproc.rajasthan.gov.in as per the provisions of this RFP Document.

5.1.16. The provisions of RTPPA, 2012, RTPPR, 2013 and amendments issued thereafter thereto

shall be applicable for this Bidding Process. Furthermore, in case of any inconsistency in

any of the provisions of this RFP Document with the RTPPA, 2012, RTPPR, 2013 and

amendments issued thereafter thereto, the later shall prevail.

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6 Pre-Qualification Criteria

6.1 Technical Proposal

Consortium Bidding is not allowed. The Bidder shall satisfy the following pre-

qualification criteria:

1. The Bidder shall be a public limited company registered under the Indian Companies

Act 1956 / 2013 which meets the conditions of Code of Conduct issued by Ministry of

Power, Govt. of India for grant of Distribution Business License (enclosed at Exhibit –

12 );

2. The Bidder shall not be blacklisted by any Department / Undertaking of Government

of Rajasthan or any State Government or Government of India or debarred by court of

law;

Financial Criteria

3. The minimum Net Worth of the Bidder shall be Rs. 68.30 Cr. for the financial year

preceding the year of bid deadline;

Net Worth shall mean Paid up Share Capital + Share/Securities Premium +

Reserves & Surplus (excluding revaluation reserves) – miscellaneous expenditure

to the extent not adjusted or written off – Debit Balance of Profit & Loss A/C

4. The Gross Cash Accruals of the Bidder shall be Rs. 34.15 Cr. for the financial year

preceding the year of bid deadline;

Technical Criteria

5. The Bidder shall have experience of handing at least 9530 consumers in the activities

of distribution of electricity including construction, operation and maintenance of

distribution system, metering, billing and revenue collection, continuously for the last

five (5) financial years immediately preceding the year in which bidding is done.

6.1.1. The Technical and Financial criteria can be met either by the Bidder and/or by the

Affiliate(s) of such Bidder.

6.1.2. Bidder shall furnish details, in support of its meeting the financial criteria as specified in

Clause 6.1 of this RFP, in the prescribed format as per Exhibit-3 (Financial capability) and

documentary evidence duly certified by any full time director on the Board of the

Company and the statutory auditor of the Affiliate, if applicable.

6.1.3. Authorization for use of financial criteria shall have to be provided from its Affiliate(s) as

per Exhibit-4, in cases where the Bidder has used the financial credentials of its

Affiliate(s). The financial credentials of a particular Company shall not be used by more

than one Bidder.

6.1.4. The determination of the relationship of the Affiliate(s) with the Bidder shall be on the

day seven (7) days prior to the Bid Deadline. Documentary evidence to establish such

relationship shall be furnished by the Bidder along with the Technical Bid. The Bidder

shall have to provide information and documents establishing its relationship with such

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Bharatpur City

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Affiliate, if applicable, including details about the equity shareholding between them as

per Exhibit-5.

6.1.5. Strict adherence to the formats wherever specified, is required. Wherever information

has been sought in specified formats, the Bidder shall refrain from referring to

brochures/ pamphlets. Non-adherence to formats and/ or submission of incomplete

information may be grounds for declaring the Bid non- responsive. Each format has to be

duly signed and sealed by the Bidder.

6.1.6. The qualified Bidder will be required to continue to maintain compliance with the

Qualification Requirements throughout the Bidding Process and till the execution of the

DFA. in case the financials (Net Worth and Gross Cash Accruals) of an Affiliate have been

provided to meet-out the eligibility criteria the Bidder shall continue to maintain the

relationship with such Affiliate till the execution of the DFA. Failure to comply with the

aforesaid provisions shall make the Bid liable for rejection at any stage.

6.1.7. A Bidder shall submit only one Bid in response to the RFP issued by JVVNL for a

Franchisee Area, as Bidder. It is further clarified that any of the Affiliate(s) of the Bidder

shall not separately participate directly or indirectly in the Bidding Process for the same

RFP. Further, if any Bidder is having a Conflict of Interest with other Bidders participating

in the Bidding Process against a particular RFP, the Bids of all such Bidders shall be

rejected.

6.1.8. For meeting the technical criteria through the affiliate(s), the equity stake of the bidder

as on seven (7) days prior to the Bid Deadline shall be more than 50% in the affiliates

company.

6.1.9. For meeting the financial criteria through the affiliates, the equity stake of the affiliate as

on seven (7) days prior to the Bid Deadline shall be more than 50% in the bidder.

6.2 Financial Proposal

6.2.1. The Bidders are required to bid for annualized Input Rate for power to be injected by

JVVNL at Input Points in the Franchisee Area for the entire term of DFA. The bidders are

required to submit a detailed Financial Proposal as per the Exhibit 8 and 9.

6.2.2. The annualized Input Rate, as quoted by the Bidders shall be exclusive of Electricity Duty

(ED), Tax on Sale of Electricity (ToSE), Municipal Taxes (MT) and any other

taxes/levies/duties that have been levied by the State Government and also subsidy on

electricity tariff offered by the State Government.

6.2.3. The bidders are not allowed to quote annualized input rate below the minimum

benchmark input rate specified for each of the year by JVVNL in Exhibit 9.

6.2.4. The rates in Exhibit 9 shall be quoted up to 3 decimal places and the same shall be non-

decreasing for each year of the contract period.

6.2.5. The Evaluation of Financial Proposals submitted by the technically qualified Bidders shall

be carried out by comparing the present value of the revenue derived on the basis of the

annualized Input Rate for entire term of DFA, computed at a 13.10% (discount rate to be

used for Financial Bid evaluation as per CERC notification dated 7th October 2013) and

the estimated energy input as mentioned in the Exhibit-9.

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Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

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6.2.6. The methodology for computation of present value of revenue is explained with the help

of an exhibit below:

Year Estimated Energy Input

(MUs)

Annualized Input Rate (To be quoted by the

Bidder) – Rs./kWh

1 400 1.90

2 450 2.10

3 530 2.35

4 600 2.50

5 625 2.75

Assuming discounting rate as 10%, the present value shall be calculated as:

Year

(A)

Discounting

Factor

(B)

Estimated

Energy Input

(MUs)

(C)

Annualised Input

Rate (To be quoted

by the Bidder) –

Rs./kWh

(D)

Present value of the

Revenue

(= B x C x D x

1000000)

Base Year 1 68,40,00,000.00

1 0.90 400 1.90 76,54,50,000.00

2 0.81 450 2.10 90,92,15,000.00

3 0.73 530 2.35 99,00,00,000.00

4 0.66 600 2.50 101,40,62,500.00

5 0.59 625 2.75 436,27,27,500.00

Total 68,40,00,000.00

6.2.7. The objective of the evaluation of the Financial Proposal is to shortlist a Bidder who has

offered the maximum present value for the power to be injected by JVVNL at Input

Points in the Franchisee Area.

6.2.8. The Bidders may note that Input Rates to be quoted by them shall be exclusive of taxes

and Electricity Duty payable by the Distribution Franchisee to the Government of

Rajasthan.

6.2.9. The Bidder short-listed after evaluation of Technical Proposal and has quoted the

maximum present value for the power injected by JVVNL at Input Points, in the Financial

Proposal, will ordinarily be selected for awarding the Project. However, JVVNL decision in

the matter shall be final and binding on the bidder.

6.2.10. Annualized Input Rate for any of the year quoted by the bidders shall not be lower than

the Minimum Benchmark Input Rate of the same year specified by JVVNL.

6.2.11. Any conditional Financial Proposal is liable for rejection.

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RFP for

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7 Instructions to Bidders

A single stage two-part (Technical Bid and Financial Bid) e-procurement system shall be

followed for the Bid as per the RTPPA 2013 and RTPPR 2013 :-

(i) Technical Bid, including Fee details (Tender Fee, RISL Processing Fee, EMD /

Bid Security) in PDF format

(ii) Financial Bid in MS-Excel format

7.1 Submission of Technical Proposal

The Technical Proposal shall consist of the following documents in a manner as

specified in Exhibit 1 to 7:

S. No. Document Type Document Format

1 Covering Letter of Technical Proposal as per the format specified at Exhibit – 1 (in PDF Format)

2 Letter of Commitment as per the format specified at Exhibit – 2

(in PDF Format)

3 Format for Qualification Requirement as per the format specified at Exhibit – 3

(in PDF Format)

4 Format for Authorization Letter from Affiliate of Bidder to use its financial

capability for bidding

as per the format specified at Exhibit – 4

(in PDF Format)

5 Format for Financial requirement - Relationship & details of equity

shareholding

as per the format specified at Exhibit – 5

(in PDF Format)

6 Undertaking regarding Blacklisting as per the format specified at Exhibit – 6 (in PDF Format)

7 Letter of Acceptance as per the format specified at Exhibit – 7 (in PDF Format)

8 Tender Fee Scanned copy of Demand Draft/Banker’s

Cheque (in PDF Format)

9 RISL Processing Fee Scanned copy of Demand Draft/Banker’s Cheque (in PDF Format)

10 Bid Security/ EMD Scanned copy of Demand Draft/Banker’s Cheque (in PDF Format)

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RFP for

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7.2 Submission of Financial Proposal

The Financial Proposal, organized in a manner as specified in Exhibit 8 and 9 should be

uploaded in MS-Excel format:

S. No. Document Type Document Format

1 Covering Letter of Financial

Proposal

as per the format specified at Exhibit – 8

(in PDF Format)

2 Financial Proposal

as per the format specified at Exhibit – 9

(in MS-Excel format given on e-

procurement site)

7.2.1. Bid shall be submitted in two separate files i.e. (i) Technical Bid (in PDF format) and (ii)

Financial Bid (in MS-Excel format). Technical Bid and Financial Bid shall contain all

documents/information as set forth in this RFP Document and in the format and

manner as detailed in Clause 7.1 & 7.2 herein above. JVVNL shall not be responsible

for any delay in receipt of the Proposal. Each page of the Proposal should be initialized

by the authorized signatory of the Bidder and the bid should be accompanied by the

letter of authorization in the name of the person who has signed the bid. The last date

of submission of proposals shall be as per clause 7.4 of this RFP document. However,

JVVNL reserves the right to extend the last date before the time of opening of

proposals, if deemed necessary.

7.2.2. Bid shall be submitted/uploaded online on http://eproc.rajasthan.gov.in

only. To participate in the bid Bidders must register on

http://eproc.rajasthan.gov.in

7.2.3. To participate in online Bidding Process, Bidders must procure a Digital

Signature Certificate (Type III) as per Information Technology Act-2000

using which they can digitally sign their Bids. Bidders can procure the same

from any Controller of Certifying Authorities (CCA) approved certifying

agency, i.e. TCS, Safecrypt, Ncode etc. Bidders who already have a valid

Digital Signature Certificate (DSC) need not procure a new DSC.

7.2.4. Bid (Technical Bid and Financial Bid) submitted/uploaded on

http://eproc.rajasthan.gov.in shall be digitally signed with DSC of the

Authorised Signatory.

7.3 Fees and Deposits

RFP Document Fee

7.3.1. The Bidder shall pay JVVNL a non-refundable amount of Rs 10,000/- [inclusive of

applicable tax, if any], towards RFP document fee, by way of crossed Demand Draft/

Pay Order, drawn on a Nationalised/ Scheduled bank, in favour of “Accounts Officer

(TW), Jaipur Vidyut Vitaran Nigam Limited” payable at Jaipur.

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RFP for

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RISL Processing Fee

7.3.2. The Bidder shall pay JVVNL a non-refundable amount of Rs 1,000/- [inclusive of

applicable tax, if any], towards RISL processing fee, by way of crossed Demand Draft/

Pay Order, drawn on a Nationalised/ Scheduled bank, in favour of “Managing

Director, RISL” payable at Jaipur.

7.3.3. After submission of Bid on http://eproc.rajasthan.gov.in the Bidders shall submit

original Demand Draft/Banker’s Cheque for RISL Processing Fee, RFP document fee

and EMD/Bid Security as per the date, time and venue mentioned in Schedule of

Bidding Process. Non-submission of the above shall lead to non-acceptance of the Bid

submitted/uploaded by the Bidder. Bids, which are not accompanied by the above

document fee/ receipt, shall be rejected by JVVNL as non-responsive.

7.3.4. The Bidder shall be responsible for all the costs associated with the preparation of the

proposal and participation in discussions and negotiations. JVVNL shall not be

responsible in any way for such costs, regardless of the conduct or outcome of this

process.

Earnest Money Deposit (EMD)/Bid Security

7.3.5. Each Bidder shall submit an Earnest Money Deposit (EMD) of an amount Rs. 5.50 Crore

in the form of Demand Draft drawn on a Nationalised /Scheduled bank, in favour of

“Accounts Officer (TW), Jaipur Vidyut Vitaran Nigam Limited, Jaipur” payable

at Jaipur.

7.3.6. After submission of Bid on http://eproc.rajasthan.gov.in the Bidders shall submit

Demand Draft for EMD/Bid Security as per the date, time and venue mentioned in

Schedule of Bidding Process. Non-submission of the above shall lead to non-

acceptance of the Bid submitted/uploaded by the Bidder. Bids, which are not

accompanied by the above document fee/ receipt, shall be rejected by JVVNL as non-

responsive.

7.3.7. Proposals, which are not accompanied by the above EMD, shall be rejected by JVVNL

as non-responsive.

7.3.8. For unsuccessful Bidders, the EMD shall be refunded within 30 days signing the DFA

with the selected Bidder

7.3.9. For successful Bidder, EMD shall be released on the payment of the security deposit

and performance guarantee.

7.3.10. The following shall cause the forfeiture of EMD.

� If the Bidder modifies/ withdraws it’s Proposal except as per the provisions specified

in the RFP;

� If the Bidder withdraws it’s proposal before the expiry of the validity period of the

Proposal;

� If the successful Bidder fails to provide the performance guarantee and security

deposit and execute the DFA within the stipulated time or any extension thereof

provided by JVVNL;

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RFP for

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� If any information or document furnished by the Bidder turns out to be misleading or

untrue in any material respect.

� If the selected Bidder does not accept the Letter of Intent unconditionally within

fifteen (15) days of issue of Letter of Intent or the period as extended by JVVNL;

7.4 Time Table and Milestones

S. N. Event Description Date

1 Issue of RFP Document (Start/End Date)

Document can be downloaded from http://eproc.rajasthan.gov.in,

http://jaipurdiscom.com

Start Date : 15-Oct-2015

End Date : 30-Nov-2015

2 Date, Time and Place of Pre-Bid Conference

Date : 30-Oct-2015

Time : 11:00 AM

Venue : Conference Hall, 1st Floor, Vidyut Bhawan, Janpath,

Jaipur – 302 005

3 Manner & Last Date for Submission of Bid (Bid

Due Date)

Bid Submission Manner: Online at e-Procurement website (http://eproc.rajasthan.gov.in)

Last Date : 30-Nov-2015

Time : upto 5 PM only

4

Submission of Original Demand Draft/Banker’s

Cheque for Tender Fee,

RISL Processing Fee and EMD/ Bid Security

Date : 01-Dec-2015

Time : upto 2:00 PM only

Venue : Office of the Accounts Officer (TW)

Jaipur Vidyut Vitran Nigam Limited Old Power House Premises

Bani Park, Jaipur – 302 006

5

Submission of signed

hard copy of RFP

document including Distribution Franchisee

Agreement

Date : 01-Dec-2015

Time : upto 2:00 PM only

Venue : Office of the Addl. Chief Engineer (M&P, PPP & DSM) Jaipur Vidyut Vitran Nigam Limited

Old Power House Premises Bani Park, Jaipur – 302 006

6

Date, Time and Venue

of Technical Bid

Opening

Date : 01-Dec-2015

Time : 3:00 PM

Venue : Office of the Addl. Chief Engineer (M&P, PPP & DSM)

Jaipur Vidyut Vitran Nigam Limited Old Power House Premises

Bani Park, Jaipur – 302 006

7 Date, Time and Venue

of Financial Bid Opening

Shall be intimated to the Technically Qualified Bidders at

appropriate time

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Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

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RFP for

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7.5 Opening of Technical Proposal

7.5.1. The Technical Proposal shall be opened in the presence of one representative from

each Bidder as per the date, time and venue mentioned in Clause 7.4 of this RFP

Document. The details regarding the Technical Proposal, as provided in the Exhibit 3

would be read out.

7.5.2. All the documents comprising of Technical Bid shall be downloaded from

http://eproc.rajasthan.gov.in only for the Bidders who have submitted the original

Demand Draft /Banker’s Cheque for RISL Processing Fee, RFP document Fee and for

EMD/ Bid Security as per the date, time and venue mentioned in Clause 7.4 of this RFP

Document.

7.6 Responsiveness

7.6.1. The following documents shall be enclosed with the bids:

• It is not received by the Due Date and time specified in the RFP. JVVNL does not

take any responsibility for any delay in receiving the required documents by the

Due Date and time.

• It is not accompanied by the required RFP document fee and RISL Processing Fee

• It is not accompanied by a valid Earnest Money Deposit / Bid Security

If any of these documents are not enclosed with the Bid, the technical-bid shall not be

opened.

7.6.2. The technical-bids submitted by Bidders shall be initially examined to establish

“Responsiveness”. A Bid may be deemed “Non-Responsive” by JVVNL if it does not

satisfy any of the following conditions:

• It does not include sufficient information including documentary proof towards the

eligibility criteria for it to be evaluated and/ or it does not comply strictly with the

formats specified.

• It is not signed and/ or sealed in the manner and to the extent indicated in this

RFP document.

• The bidder seeks deviations on the RFP document and/or draft DFA document.

• If the bidder fails to submit the undertaking regarding non-blacklisting in the

format mentioned at Exhibit 6.

• If the proposal submitted by the Bidder is not firm, revocable and shall not be valid

for at least six months from the date of opening of Technical Proposals.

• If the Bidder does not provide all information including Technical & Financial

capabilities in the formats prescribed in the Exhibits of this RFP document.

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RFP for

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• If the Bidder does not submit a signed hard-copy of the RFP document including

Distribution Franchisee Agreement (DFA) as per the scheduled mentioned in this

RFP

7.6.3. If any of the above cited conditions are not fulfilled, the bids shall be considered as

non-responsive and their financial bid shall not be opened

7.7 Opening of Financial Proposal

7.7.1. Date & Time for opening of financial proposal shall be notified by JVVNL. If bidder

wishes, one representative from each Bidder can be present at the time of Financial Bid

Opening.

7.7.2. Information relating to the examination, clarification, evaluation and recommendation

for the short listed Bidders shall not be disclosed to any person, not officially concerned

with the process. JVVNL would treat all information submitted as part of the proposal

in confidence and will ensure that all who have access to such material treat it in

confidence. JVVNL would not divulge any such information unless ordered to do so by

any Government authority that has the power under law to require its disclosure.

7.8 Validity of terms of bids

Each Proposal shall indicate that it is a firm and irrevocable offer, and shall remain

valid and open for a period of not less than six months from the date of opening of

Technical Proposal. Non-adherence to this requirement may be a ground for declaring

the Proposal as non-responsive. In exceptional circumstances, JVVNL may solicit the

Bidder’s consent for extension of the period of validity. A Bidder accepting JVVNL

request for extending the period of validity shall not be permitted to modify its

Proposal.

7.9 Amendment in the RFP Document

7.9.1. At any time prior to the Bid Due Date, the Authority may for any reason, whether on its

own initiative or as a result of a response to a query received during Pre-Bid

Conference, modify the RFP Document/extend Bid Due Date by issuing an

“Addendum”.

7.9.2. The Addendum shall be published on http://jaipurdiscom.com only. Each such

Addendum shall become part of the RFP Document.

7.10 Language of the Bid

The bid and all associated documents shall be in English language only. All

communication and information should be provided in writing and in the English

language only.

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RFP for

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7.11 Other Instructions

7.11.1. The Bids, that are incomplete in any respect and/or are not consistent with the

requirements as specified in this RFP; and/or do not contain the Covering Letter, Letter

of Commitment, and Letters of Acceptance as per the specified formats; would be

considered non-responsive and would be liable for rejection.

7.11.2. After submission of Bid on http://eproc.rajasthan.gov.in the Bidders shall submit a

signed hard copy of the RFP document including Distribution Franchisee Agreement as

per the date, time and venue mentioned in Clause 7.4 of this RFP Document

otherwise bid would be considered non-responsive and would be liable for

rejection. The bidder shall sign each and every page of the RFP document including

the Annexure i.e. DFA issued to them on plain paper and shall submit it as the date

mentioned in the schedule.

7.11.3. Strict adherence to formats, wherever specified, is required. Non-adherence to formats

may be a ground for declaring the Proposal non-responsive. However, in case of

Exhibit 2, if a bidder is unable to provide a letter of commitment as prescribed along

with the proposal, the bidders shall have to provide an undertaking on a non-judicial

stamp paper of requisite value that if awarded the work, they will produce the letter of

commitment before the signing of the DFA.

7.11.4. All the communication and information provided should be legible, and wherever the

information is given in figures, the same should also be mentioned in words.

7.11.5. No change in, or supplementary information to a Proposal shall be accepted after its

submission. However, JVVNL reserves the right to seek additional

information/documents from the Bidders, if found necessary, during the course of

evaluation of the Proposal. Non-submission, incomplete submission or delayed

submission of such additional information or clarifications sought by JVVNL, may be a

ground for rejecting the Proposal.

7.11.6. The Bids shall be evaluated as per the criteria as specified in this RFP.

7.11.7. The Bidder should designate one person holding a Power of Attorney as per the format

attached in Exhibit-11 (“Contact Person” and “Authorized Signatory”) to represent the

Bidder in his dealings with JVVNL. This designated person should be authorized to

perform all tasks including, but not limited to providing information, responding to

enquiries, entering into contractual commitments on behalf of the Bidder, etc.

7.11.8. If any claim made or information provided by the Bidder in the Proposal or any

information provided by the Bidder in response to any subsequent query of JVVNL, is

found to be incorrect or is a material misrepresentation of facts, then the Proposal may

be liable for rejection.

7.11.9. JVVNL reserves the right to reject any or all the Proposal without assigning any reasons

whatsoever.

7.11.10. Bidders intent to submit the proposal may contact the Superintending Engineer

(Bharatpur City) for due diligence and clarification of queries related to franchisee area

before submitting their proposal.

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Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

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Exhibit 1: Covering Letter for Technical Proposal

(The covering letter is to be submitted by the Bidder along with the Technical

Proposal. This should be on the Bidder’s letterhead.)

Date:

Place:

To,

The Addl. Chief Engineer (M&P, PPP & DSM)

Jaipur Vidyut Vitaran Nigam Limited

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Distribution Franchisee for Bharatpur City

Please find enclosed our Technical Proposal in respect of the Distribution Franchisee for

Bharatpur City (“Project”), in response to the Request for Proposal (“RFP”) document issued by

JVVNL on DD/MM/YYYY.

We hereby confirm the following:

1. The Proposal is being submitted by _______________ (name of the Bidder) in accordance

with the conditions stipulated in the RFP.

2. We have examined in detail and have understood and agree to abide by all the terms and

conditions stipulated in the RFP issued by JVVNL and in any subsequent communication

sent by JVVNL. Our Technical Proposal is consistent with all the requirements of

submission as stated in the RFP or in any of the subsequent communications from JVVNL.

3. We desire / do not desire to get credited for the financial strength of our Affiliate(s),

and/or technical experience & track record of our Affiliate(s). Our Technical Proposal

includes (only if desired to be credited for Affiliate(s)’ strength) the Letter(s) of

Commitment in the format specified in RFP, from _________________(mention name of

the corporate entities that are Affiliate(s) /, who is/are the Affiliate(s) / as per the

conditions stipulated in the RFP, of ______________(mention name(s) of the Bidder /

respective Member Companies).

4. Our Technical Proposal includes Letters of Acceptance, consistent with the format as

specified in the RFP.

5. The information submitted in our Technical Proposal is complete, is strictly as per the

requirements as stipulated in the RFP, and is correct to the best of our knowledge and

understanding. We would be solely responsible for any errors or omissions in our

Technical Proposal.

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RFP for

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6. Our proposal shall be valid for a period of six months from the last date of submission of

this bid. We also will be willing to unconditionally extend the validity of our proposal if so

desired by JVVNL.

7. We as the Bidder, designate Mr./Ms. ___________ (mention name, designation, contact

address, phone no., fax no. etc) as our representative who is authorized through Power of

Attorney to perform all tasks including, but not limited to providing information,

responding to enquiries, entering into contractual commitments on behalf of ........., etc.

in respect of the Project.

For and on behalf of:

Signature :

(Authorised Signatory)

Name of the Person:

Designation :

Date: …………………………

(Please also affix Bidder’s Rubber stamp)

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Exhibit 2: Letter of Commitment

(The letter of Commitment to be submitted, along with the Technical Proposal, shall

be from the Affiliate(s) if any, the strengths of which are desired to be considered for

the purpose of evaluation of the Technical Proposal)

[On the Letter Head of the Affiliate(s)]

Date:

Place:

To,

The Addl. Chief Engineer (M&P, PPP & DSM)

Jaipur Vidyut Vitaran Nigam Limited

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Distribution Franchisee for Bharatpur City

This has reference to the Technical Proposal being submitted by M/s …………………. <Name of

the Bidder>, in respect of Distribution Franchisee for Bharatpur City (“Project”), in response to

the Request for Proposal (“RFP”) document issued by JVVNL on DD/MM/YYYY.

We hereby confirm our consent to information mentioned in the following:

� The Request for Proposal document issued by JVVNL;

� All subsequent communications between JVVNL and the Bidder, represented by

______________ (name of the Bidder) ;

� The Technical Proposal being submitted by ________________ (name of the

Bidder).

2. We undertake to support _____________(name of the Bidder for which the Letter of

Commitment is being furnished) as detailed in the Technical Proposal being submitted by

_____________(name of the Bidder).

3. We therefore request JVVNL to consider our strengths, experience, and our track record as

specified in the Proposal pursuant to the conditions specified in the RFP, for the purposes of

evaluation of the Technical Proposal.

For and on behalf of :

Signature :

(Authorised Signatory authorised by the Board of Direcors of affiliate(s)/Power of Attorney )

Name of the Person :

Designation :

Page 41: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 41 of 61

Note:

� The Bidder shall also attach the Board resolution to be passed by the Affiliate(s) of the

Bidder where credentials of such Affiliate(s) have been used to meet the qualification

requirements prescribed in RFP document.

� The bidder shall also attach the Board resolution/power of attorney to be passed by the

affiliate(s) of the Bidder for the authorised signatory.

Date: ………………………… (Please also affix Affiliate's Rubber stamp)

Page 42: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 42 of 61

Exhibit 3: Information Requirement for Technical Proposal

FORM- 3A

Format for Qualification Requirement

[On the Letter Head of the Bidder] To,

The Addl. Chief Engineer (M&P, PPP & DSM)

Jaipur Vidyut Vitaran Nigam Limited

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Distribution Franchisee for Bharatpur City falling under JVVNL

1. [Note: Applicable when Bidder possesses experience in handling Consumer Base

on its own]

This is to certify that M/s. ………………… <Insert name of Bidding Company> have the

experience of handling a consumer base for the following financial years as tabulated below,

in the activities of distribution of electricity including construction, operation and maintenance of

distribution system, metering, billing and revenue collection for the following financial years as

tabulated below:

Financial Year Number of consumers in figure

Number of consumers in word

(1) (2) (3)

FY 2014-15

FY 2013-14

FY 2012-13

FY 2011-12

FY 2010-11

2. [Note: Applicable when the Bidder owns equity in the Company (Affiliate) which in

turn possesses experience in handling Consumer Base]

This is to certify that M/s. ………………….<Insert name of the Bidder>, owns ……………………%

<Insert the percent of Equity shareholding> of equity in the Company(ies)…………….<Insert the

name of the Company> which have the experience of handling consumer base for the following

financial years as tabulated below, in the activities of distribution of electricity including

Page 43: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 43 of 61

construction, operation and maintenance of distribution system, metering, billing and revenue

collection.

Financial Year Number of consumers in figure

Number of consumers in word

(1) (2) (3)

FY 2014-15

FY 2013-14

FY 2012-13

FY 2011-12

FY 2010-11

[Note: The equity stake of the Bidder as on seven (7) days prior to the Bid Deadline shall be

more than 50% in the company (ies) which possesses experience in handling Consumer Base.]

Yours faithfully,

……………………………………….

(Signature of the Authorised Signatory of the Bidder)

Name: …………………………………

Date: …………………………………

Place: …………………………………

Date: …………………………........

(Please also affix Bidder’s Rubber stamp)

NOTE:

Bidders should attach the following:

� Copy of Memorandum of Association & Article of Association of the Bidder, duly certified by

their respective Company Secretary

� Attach documentary proof in the form of copy of work order / certificate from concerned

Local Authority / Regulatory Authority / the concerned entity in support of verification of

numbers of electricity distribution consumer handling.

� The above sheet shall be signed and certified as true by any full time Director and statutory

auditor of Bidder.

Page 44: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 44 of 61

Financial Capability

FORM 3B

Format for Qualification Requirement

[On the Letter Head of the Bidder/Affiliate]

To,

The Addl. Chief Engineer (M&P, PPP & DSM)

Jaipur Vidyut Vitaran Nigam Limited

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Distribution Franchisee for Bharatpur City falling under JVVNL

This is to certify that M/s. ___________________________ (Bidder/Affiliate) had a Net Worth as

on March 31, 2015 of Rs. ……………….. Crore computed based on audited annual accounts for

the financial year 2014-15 as detailed below:

S. N. Particulars Amount (in Rs.)

1. Paid up Share Capital

(i) Equity Share Capital

(ii) Preference Share Capital

2. Share/ Securities Premium

Reserves & Surplus (excluding revaluation reserves)

4. Miscellaneous expenditure to the extent not adjusted

or written off

5. Debit Balance of Profit & Loss A/C

Total Net Worth (1 + 2 + 3 – 4 - 5)

Yours faithfully,

………………………………………

(Signature and Stamp of the Statutory Auditor of the Bidder/Affiliate)

Page 45: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 45 of 61

Name: …………………………………….

Date: …………………………………….

Place: …………………………………….

Note:

1. Net Worth of only one Affiliate would be considered for evaluation therefore Bidder shall

provide Net Worth of only one Affiliate.

2. In case the Net Worth of an Affiliate is provided, a certificate from the Authorised Signatory

of the Affiliate is required stating the relationship with Bidder and the Affiliate alongwith

clear consent to use Affiliate’s Credential for the Pre-qualifications requirement as per the

Exhibit–5 of this RFP document Bidder/affiliate should attach the Audited Annual Accounts

for the respective financial year which is being used for meeting the Net Worth criteria as

above in respect of the following:

• Bidder

• Affiliate(s) of Bidder, if applicable

3. For meeting the Net Worth criteria through the affiliate, the equity stake of the affiliate as on

seven (7) days prior to the Bid Deadline shall be more than 50% in the Bidder.

4. Bidder shall submit the Board resolution for appointment of statutory auditor of the bidder or

its affiliates( if the financial strength of the affiliate is considered).

Page 46: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 46 of 61

FORM 3C

Format for Qualification Requirement

[On the Letter Head of the Statutory Auditor of the Bidder/Affiliate]

To,

The Addl. Chief Engineer (M&P, PPP & DSM)

Jaipur Vidyut Vitaran Nigam Limited

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Distribution Franchisee for Bharatpur City falling under JVVNL

This is to certify that M/s. ________________________(Bidder/Affiliate) had Gross Cash

Accruals of Rs. ………….. Crore as on March 31, 2015 for compu ted ba sed on the

Aud i t ed Annua l Ac coun t s f o r financial year 2014-15 as detailed below

Name of (Bidder/Affiliate) Particular for FY 2014-15 Amount (in Rs.)

M/s. __________________

1. Profit After Tax

2. Depreciation

3. Non-cash Expenses

Gross Cash Accruals (1 + 2 + 3)

Yours faithfully,

………………………………………

(Signature and Stamp of the Statutory Auditor of the Bidder/Affiliate)

Name: …………………………………….

Date: …………………………………….

Place: …………………………………….

Page 47: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 47 of 61

Note:

1. Gross Cash Accruals of only one Affiliate would be considered for evaluation therefore Bidder

shall provide Gross Cash Accruals of only one Affiliate.

2. In case the Gross Cash Accruals of an Affiliate is provided by the Bidder, it must be of the

same Affiliate of which Net Worth is provided as per Exhibit – 3B.

3. In case the Gross Cash Accruals of an Affiliate is provided, a certificate from the Authorised

Signatory of the Affiliate is required stating the relationship with Bidder and the Affiliate

along with clear consent to use Affiliate’s Credential for the Pre-qualifications requirement as

per the Exhibit – 5 of this RFP document

4. For meeting the Gross Cash Accruals criteria through the affiliate, the equity stake of the

affiliate as on seven (7) days prior to the Bid Deadline shall be more than 50% in the Bidder.

5. Bidder shall submit the Board resolution for appointment of statutory auditor of the bidder or

its affiliates( if the financial strength of the affiliate is considered).

6. Bidders should attach the Audited Annual Accounts for the respective financial year which is

being used for meeting the Gross Cash Accrual criteria as above in respect of the following:

• Bidder

• Affiliate(s) of Bidder, if applicable

7. In any case the Bidders must attach the Audited Annual Accounts for financial year 2014-

15 which is being used for meeting the Financial criteria as per Exhibit 3B & 3C in respect of

the following:

• Bidder

• Affiliate of the Bidder, if applicable

Page 48: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 48 of 61

Exhibit 4: Letter of Authorisation from Affiliate(s) of Bidder whose financial

capability has been used by the Bidder

[On the letter head of the Affiliate(s) whose financial capability has been used by

Bidder]

(The letter of Authorisation to be submitted, along with the Technical Bid, shall be from each of

the Affiliate(s), if any, the financial capability of which is desired to be considered for the

purpose of meeting the financial Qualification Requirements)

To,

The Addl. Chief Engineer (M&P, PPP & DSM),

Jaipur Vidyut Vitaran Nigam Limited

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Sub: Distribution Franchisee for Bharatpur City

We refer to the RFP dated ........... issued by you for appointment of the Distribution

Franchisee for Bharatpur City. We confirm that M/s. ………. <Insert name of Bidder> has been

authorised by us to use financial capability for meeting the Qualification Requirements for the

appointment of the Distribution Franchisee for Bharatpur city.

We have carefully read and examined in detail the RFP including in particular, Clause 6.1.3 of the

RFP, and confirm that , we hereby submit legally binding undertaking supported by a board

resolution that all the equity investment obligations of M/s. ……………………………. <Insert name

of Bidder>, shall be deemed to be our equity investment obligations and in the event of

any default by M/s.……………………<Insert the name of the Bidder> the same shall be met by

us. …………………………………………………..

(Signature of the Authorised Signatory of the Affiliate(s) duly authorised by the

Board of Directors/power of attorney)

Name: ……………………………

Date: ……………………………

Place: …………………………...

Date: …………………………...

(Please also affix affiliate’s Rubber stamp)

Page 49: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 49 of 61

Note:

� The Bidder shall also attach the Board resolution to be passed by the Affiliate(s) of the

Bidder where credentials of such Affiliate(s) have been used to meet the financial

capability prescribed in RFP document.

� The Bidder shall also attach the Board resolution/power of attorney to be passed by the

affiliate(s) of the Bidder for the authorised signatory.

Page 50: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 50 of 61

Exhibit 5: Format for Financial Requirement – Relationship & Details of Equity Shareholding (Refer Clause 6.1.4)

[To be filled by Bidder if credentials of Affiliate(s) have been used]

(On the Letter Head of the Bidder)

To,

The Addl. Chief Engineer (M&P, PPP & DSM),

Jaipur Vidyut Vitaran Nigam Limited,

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Distribution Franchisee for Bharatpur City

We certify that M/s. ...................................... <Bidder to insert name of the Bidder > have

considered the financial capability of its Affiliate(s), for the purpose of meeting Qualification

Requirements as per the instructions provided in the RFP. The name of Affiliate(s), nature of

relationship(s) with such Affiliate(s) and details of equity holding are as follows:

Name of Company whose

credentials considered for

meeting the financial

criteria as per Clause 6.1.3

and 6.1.4 of the RFP

Type of credentials

considered (Net

Worth/

Gross cash

accruals)

Relationship of the

Affiliate(s)

with Bidder

Details of equity shareholding (refer

notes below) as on ………….. [Insert

date which should not be later than

thirty (30) days prior to Bid Deadline]

Company 1

…………………..

Yours faithfully,

…………………………………..

(Signature of the Authorised Signatory of the Bidder )

Name: …………………………………

Date: …………………………………

Place: ………………………………….

(Please also affix Bidder’s Rubber stamp)

Note: In case of Affiliate(s), the equity holding of the Bidder in the Affiliate(s) or vice-versa

needs to be specified. Submit documentary evidence in support of equity holding.

Page 51: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 51 of 61

Exhibit 6: Undertaking Regarding Non-Blacklisting

(This undertaking is to be submitted by the Bidder and Affiliate, if applicable along

with the Technical Proposal. This should be on a non-judicial stamp paper of Rs.

100/-)

To,

The Addl. Chief Engineer (M&P, PPP & DSM),

Jaipur Vidyut Vitaran Nigam Limited,

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Distribution Franchisee for Bharatpur City

This undertaking is being submitted in respect of the Distribution Franchisee for Bharatpur City

(“Project”), in response to the Request for Proposal (“RFP”) document issued by JVVNL

DD/MM/YYY.

We hereby confirm the following:

1. We have never been blacklisted by any Government Department or Public Sector

Undertaking of any State Government in India or the Government of India.

2. We understand and agree that if this information is found to be incorrect at any stage

before technical and financial evaluation; our proposal will be considered as non-

responsive and rejected accordingly.

3. We further understand and agree that if the project is awarded to us on the strength of

this undertaking and this undertaking is found to be incorrect post award of project, this

will be treated as Event of Default in terms of Article 17.1 of the Distribution Franchisee

Agreement and dealt with as provided for in that article.

For and on behalf of :

Signature :

(Authorised Signatory) :

Name of the Person :

Designation :

Date: …………………………

(Please also affix Bidder’s Rubber stamp)

Page 52: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 52 of 61

Exhibit 7: Letter of Acceptance

(The Letter of Acceptance is to be submitted by the Bidder along with the Technical

Proposal. This should be on the company’s letterhead.)

To,

The Addl. Chief Engineer (M&P, PPP & DSM),

Jaipur Vidyut Vitaran Nigam Limited,

Old Power House Premises,

Banipark, Jaipur - 302 006

Dear Sir,

Sub: Letter of Acceptance

With reference to Request for Proposal (“RFP”) document issued by JVVNL on DD/MM/YYY,

I/we, having examined the RFP and DFA Documents and understood their contents, hereby

submit my/our Bid for the aforesaid Project.

1. I/We acknowledge the receipt of RFP Documents together with its Amendments/ Errata/

Clarifications issued from time to time by JVVNL and agree and undertake to abide by

all the terms and conditions of the RFP documents read in conjunction with its

amendment(s) /errata/clarification(s)

2. I/We agree and understand that our Bid is subject to the provisions of the RFP

Documents / addenda / errata / corrigenda and in case of any deviation(s)/ exception(s)/

variation(s) observed in our Bid with respect to any provision(s) of RFP Documents /

addenda / errata / corrigenda, the provisions of RFP documents / addenda / errata /

corrigenda shall prevail.

3. I/ We certify that all information provided herein is true and correct; nothing has been

omitted and concede; and all documents accompanying the Bid are true copies of their

respective originals.

4. I/ We undertake to make available to JVVNL any /all additional information found

necessary or required to supplement or authenticate the Bid.

5. I/ We acknowledge the right of JVVNL to reject our Bid without assigning any reason or

otherwise.

6. I/ We declare that:

(a) I/ We have examined and have no reservations to the Bidding Documents,

including any Addendum /Corrigenda issued by JVVNL; and

(b) I/ We do not have any conflict of interest in accordance with the RFP document;

and

(c) I/We have not directly or indirectly or through any agent engaged or indulged in

any corrupt practice, fraudulent practice, coercive practice, undesirable practice

or restrictive practice, as defined in the RFP document, in respect of any tender

or request for proposal issued by or any agreement entered into with JVVNL or

any other public sector enterprise or any government, any agency of Central or

State; and

Page 53: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 53 of 61

(d) I/ We hereby certify that we have taken steps to ensure that in conformity with

the provisions of the RFP, no person acting for us or on our behalf has engaged

or will engage in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice; and

7. I/ We understand that JVVNL may cancel the Bidding Process at any time without

assigning any reason and that JVVNL is neither bound to accept any Bid that it may

receive nor to invite the Bidders to Bid for the Project.

8. I/ We hereby undertake not to challenge or question any decision taken by JVVNL in

connection with the selection of the Bidder through this Bidding Process itself, in respect

of the above mentioned Project and the terms and implementation thereof.

9. In the event of my/ our being declared as the Successful Bidder, I/We agree to execute

Distribution Franchisee Agreement in accordance with the draft agreement furnished to

me/us on or prior to the Bid Due Date and shall be abide by the terms and conditions of

Distribution Franchisee Agreement. We agree to accept draft Distribution Franchisee

Agreement unconditionally within the prescribed period and to abide by the terms and

conditions of the same.

10. I/We have studied the RFP document / addenda / errata/ corrigenda carefully and also

surveyed the Franchisee Area. We understand that as set forth in the Distribution

Franchisee Agreement, we shall have no claim, right or title arising out of any document

or information provided to us by anyone in respect of any matter arising out of or

relating to the Bidding Process including the award of the Project.

11. I/We agree and understand that the Bid is subject to the provisions of the RFP Documents.

In no case, I/We shall have any claim or right of whatsoever nature if the Project is not

awarded to me/us or our Bid is not opened or rejected.

12. I/ We shall keep our Bid valid for atleast 180 (one hundred and eighty) days from the last

date of the submission of bid specified in the RFP document / addenda / errata /

corrigenda or for the period extended by JVVNL.

In witness thereof, I/we submit this Bid under and in accordance with the terms of the

RFP document.

(Signature of the Authorised Signatory of the Bidder)

Date:

Place:

Signature :

(Authorised Signatory)

Name of the Person :

Designation :

Date: …………………………

(Please also affix Bidder’s Rubber stamp)

Page 54: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 54 of 61

Exhibit 8: Information Requirement for Financial Proposal

(This covering letter for Financial Proposal is to be submitted by the Bidder along

with the Financial Proposal.)

Date:

Place:

To,

The Addl. Chief Engineer (M&P, PPP & DSM),

Jaipur Vidyut Vitaran Nigam Limited,

Old Power House Premises, Banipark,

Jaipur – 302 006

Dear Sir,

Sub: Distribution Franchisee for Bharatpur City falling under JVVNL

Please find enclosed of our Financial Proposal in respect of the Distribution Franchisee for

Bharatpur City (“Project”), in response to the Request for Proposal (“RFP”) document issued by

JVVNL on DD/MM/YYYY.

We hereby confirm the following:

1. The Proposal is being submitted by _______________ (name of the Bidder) who is the

Bidder in accordance with the conditions stipulated in the RFP.

2. We have examined in detail and have understood, and abide by; all the terms and

conditions stipulated in the RFP document issued by JVVNL and in any subsequent

communication sent by JVVNL.

3. Our Financial Proposal is consistent with all the requirements of submission as stated in the

RFP or in any of the subsequent communications from JVVNL.

4. We would be solely responsible for any errors or omissions in our Financial Proposal.

For and on behalf of :

Signature:

(Authorised Signatory):

Name of the Person :

Designation:

Date: …………………………

(Please also affix Bidder’s Rubber stamp)

Page 55: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 55 of 61

Exhibit 9: Format for Financial Proposal

Year Estimated Annual

Energy Input (MUs)

Minimum Benchmark

Input Rates (Rs/kWh)

Annualised Input

Rate (Rs/ kWh) (Up to

three decimal place)

1 339.24 4.201

2 362.90 4.408

3 388.21 4.556

4 415.28 4.686

5 444.23 4.773

6 475.21 4.848

7 508.35 4.911

8 543.80 4.965

9 581.71 5.012

10 622.28 5.053

11 665.67 5.091

12 712.09 5.125

13 761.74 5.149

14 814.86 5.165

15 871.68 5.181

16 932.47 5.189

17 997.49 5.190

18 1067.05 5.191

19 1141.45 5.192

20 1221.05 5.193

Note:

(1) The annualized Input Rate to be quoted by the Bidders shall be exclusive of Electricity

Duty (ED), Tax on Sale of Electricity (ToSE), Municipal Taxes (MT) and any other

taxes/levies/duties that have been levied by the State Government and also subsidy on

electricity tariff offered by the State Government.

(2) The bidders are not allowed to quote annualized input rate below the minimum

benchmark input rate specified for each of the year by JVVNL in Exhibit 9.

(3) The bidders shall quote the annualised Input rate (Rs/Kwh) upto three decimal places in

financial proposal in Excel sheet given at e-procurement site only.

Page 56: RFP Bharatpur City

Request for Proposal (RfP) for Appointment of ‘Input plus Investment’ based

Distribution Franchisee for Distribution and Supply of Electricity in Bharatpur City

RFP for

Bharatpur City

Page 56 of 61

Exhibit 10: Bank Guarantee Format

Ref.: ………………………..

Date: ……………………….

Bank Guarantee No…….….

1. In accordance with the tender specification No.___________________ of Jaipur Vidyut

Vitaran Nigam Limited(hereinafter referred to as the “JVVNL”) for the work of selection of

Distribution Franchisee for Distribution of Electricity along with meter reading, billing,

collection, operation maintenance etc. for Bharatpur City of Rajasthan,

M/s (Company Name) …………………………………………………………………

Address………………………………………………………………………………….(hereinafter referred to

as “Bidder”) wished to participate in the said tender and as a Bank Guarantee for the

sum of Rs __________valid for a period of ______ days from the date of opening of

techno-commercial bid as required to be submitted by the Bidder, we the …(Name of the

Bank)……(hereinafter referred to as “The Bank”) do hereby unequivocally and

unconditionally guarantee and undertake to pay during the above said period, on written

request by JVVNL, an amount not exceeding Rs. ------- Only to JVVNL without any

reservation. The guarantee would remain valid up to 5.00 P.M. of …………..…….. (date)

and if any further extension to this is required, the same will be extended on receiving

instructions from the Bidder on whose behalf this guarantee has been issued.

2. We, the …………………………………………………….. (Indicate the name of the Bank) do

hereby further undertake to pay the amounts due and payable under this guarantee

without any demur, merely on demand from JVVNL stating that the amount claimed is

due by way of loss or damage caused to or would be caused to or suffered by JVVNL by

reason of any breach by the said Bidder(s) of any of the terms of conditions and failure

to perform said tender. Any such demand made on the Bank shall be conclusive as

regards the amount due and payable by the Bank under this guarantee. However, our

liability under this guarantee shall be restricted to an amount not exceeding

Rs……………….

3. We, the …………………………………………………….. (Indicate the name of the Bank)

undertake to pay to JVVNL any money so demanded notwithstanding any dispute or

disputes raised by the Bidder(s) in any suit or proceeding instituted/ pending before any

court of tribunal relating thereto, our liability under this present being absolute and

unequivocal. The payment so made by us under this bond shall be a valid discharge of

our liability for payment there under and the Bidder(s) shall have no claim against us for

making such payment.

4. We, the …………………………………………………….. (Indicate the name of the Bank) further

agree that the guarantee herein contained shall remain in full force and effect during the

aforesaid period of …………………….. days and it shall continue to be so enforceable till all

the dues of JVVNL under or by virtue of the said tender have been fully paid and its

claims satisfied or discharges or till JVVNL certifies that the terms and conditions of the

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said tender have been fully and properly carried out by the said Bidder(s) and

accordingly discharges this guarantee. Unless a demand or claim under this guarantee is

made on us in writing on or before the …………………………………….. We shall be

discharged from all liability under this guarantee thereafter.

5. We, the …………………………………………………….. (Indicate the name of the Bank) further

agree with JVVNL that JVVNL shall have the fullest liberty without our consent and

without effecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tender or to extend time of performance by the said Bidder(s) from

time to time or to postpone for any times or from time to time only of the powers

exercisable by JVVNL against the tender Bidder(s) and to forebear or enforce any of the

terms and conditions relating to the said tender and we shall not be relieved from our

liability by reason of any such variation, postponement or extension being granted to the

said Bidder(s) or for any forbearance act or omission on the part of JVVNL or any

indulgence by JVVNL to the said Bidder(s) or by any such matter or thing what-so-ever

which under the law relating to sureties would, but for this provision, have effect of so

relieving us.

6. This guarantee will not be discharged due to the change in the name, style and

constitution of the Bank or the Bidder(s).

7. We, the …………………………………………………….. (Indicate the name of the Bank) lastly

undertake not to revoke this guarantee during its currency except with the previous

consent of JVVNL in writing.

Dated, the ………………………………… day of ……………………………………

Witness:

1.

2.

For ……………………………………

(Indicate name of Bank)

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Exhibit 11: Power of Attorney for Signing Authority

Know all men by these presents, We ------------------------------------------------ (name of the

Bidder and address of the registered office) do hereby irrevocably constitute, nominate, appoint

and authorize Mr./Ms. (name), ------------------------------------------- who is presently employed

with us, ------------------------------------------------- (name of the Bidder) and holding the position

of -------------------------------------------, as our true and lawful attorney (hereinafter referred as

the “Authorised Signatory”) to do in our name and on our behalf, all such acts, deeds and things

as are necessary or required in connection with or incidental to submission of our Bid for

Appointment of Distribution Franchisee for Distribution and supply of Electricity in Bharatpur City

(hereinafter referred to as “Project”) issued by the Jaipur Vidyut Vitaran Nigam Limited

(“Authority”) including but not limited to signing and submission of all Bids, Bids and other

documents and writings, participate in Pre-Bid and other conferences and providing

information/responses to the Authority, representing us in all matters before the Authority,

signing and execution of all contracts including the License Agreement and undertakings

consequent to acceptance of our Bid, and generally dealing with the Authority in all matters in

connection with or relating to or arising out of our Bid for the said Project and/or upon award

thereof to us and/or till the entering into of the License Agreement with the Authority.

AND we hereby agree to ratify and confirm all acts, deeds and things done or caused to be done

by our said Authorised Signatory pursuant to and in exercise of the powers conferred by this

Power of Attorney and that all acts, deeds and things done by our said Authorised Signatory in

exercise of the powers hereby conferred shall and shall always be deemed to have been done by

us.

IN WITNESS WHEREOF WE, …………………, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS ……… DAY OF ………., 2015

For

------------------------------------------------------

(Signature, name, designation and address of the official authorised by the Board of the Bidder

to further delegate/authorise. Copy of the Board Resolution to this effect certified by the

Company Secretary also to be enclosed)

Witnesses:

1.

2. (Notarized)

Accepted

------------------------------------------------------

(Signature)

(Name, Title and Address of the Authorised Signatory)

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Notes:

• The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executants and when it is so required, the same should be under common seal affixed in

accordance with the required procedure.

• Wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a board or shareholders’ resolution/ power of attorney

in favour of the person executing this Power of Attorney for the delegation of power

hereunder on behalf of the Bidder.

• For a Power of Attorney executed and issued overseas, the document will also have to be

legalised by the Indian Embassy and notarised in the jurisdiction where the Power of

Attorney is being issued. However, the Power of Attorney provided by Bidders from

countries that have signed the Hague Legislation Convention, 1961 are not required to be

legalised by the Indian Embassy if it carries a conforming Apostle certificate.

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Exhibit 12: Code of Conduct issued by Ministry of Power, Govt. of India for Grant of

Distribution Business License

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Page 62: RFP Bharatpur City

Distribution Franchisee Agreement

between

Jaipur Vidyut Vitran Nigam Limited (JVVNL)

and

[Name of Distribution Franchisee Operator]

for

Distribution of Electricity in Bharatpur City

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TABLE OF CONTENTS

1 DEFINITIONS AND INTERPRETATION: ................................................... 8

1.1 Definitions ................................................................................................................... 8

1.2 Interpretations: ........................................................................................................... 11

2 CONDITIONS PRECEDENT & CONDITIONS SUBSEQUENT TO THE

AGREEMENT ........................................................................................... 12

2.1 Conditions Precedent to be Satisfied by the Distribution Franchisee & JVVNL ..................... 12

2.2 Conditions Subsequent to be Satisfied by the Distribution Franchisee & JVVNL .................. 15

3 TERM OF AGREEMENT ............................................................................ 15

3.1 Term of Agreement: .................................................................................................... 15

3.2 Early Termination ........................................................................................................ 15

3.3 Event of Abandonment ................................................................................................ 15

3.4 Survival ...................................................................................................................... 16

4 GRANT OF DISTRIBUTION FRANCHISE ................................................. 16

4.1 Grant of Franchise ....................................................................................................... 16

4.2 Legal Status of Distribution Franchisee .......................................................................... 16

4.3 Exclusivity .................................................................................................................. 16

4.4 Franchisee Area .......................................................................................................... 17

4.5 Effect of Acceptance .................................................................................................... 17

4.6 Directions ................................................................................................................... 17

4.7 Intent ........................................................................................................................ 17

5 ACTIVITIES OF DISTRIBUTION FRANCHISEE ....................................... 17

5.1 ‘Right of Use’ to JVVNL Distribution Assets ..................................................................... 17

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5.2 New Capital Expenditure .............................................................................................. 18

5.3 Supply of O&M Spares ................................................................................................. 20

5.4 Supply of Energy ......................................................................................................... 20

5.5 Liabilities and Obligations ............................................................................................. 21

5.6 Technical Duties and Responsibilities of the Distribution Franchisee .................................. 22

5.7 Commercial Duties and Responsibilities of the Distribution Franchisee .............................. 25

6 DUTIES AND RESPONSIBILITIES OF JVVNL .......................................... 26

7 METERING AND MEASUREMENT ............................................................ 26

7.1 Metering System ......................................................................................................... 26

7.2 Inspection and Testing of Meters .................................................................................. 26

7.3 Inaccuracy of Meters ................................................................................................... 26

7.4 Measurement .............................................................................................................. 27

8 BILLING AND PAYMENT ......................................................................... 28

8.1 Billing ......................................................................................................................... 28

8.2 Payment ..................................................................................................................... 30

9 ARREARS ................................................................................................ 31

10 PROVISION FOR SUBSIDY ..................................................................... 33

11 TREATMENT OF TAXES, DUTIES & LEVIES ............................................. 34

12 PAYMENT SECURITY DEPOSIT AND PERFORMANCE GUARANTEE ........ 34

13 DEPUTATION OF JVVNL EMPLOYEES ..................................................... 36

14 REPORTING AND AUDIT ........................................................................ 37

14.1 Reporting ................................................................................................................... 37

14.2 Audit ......................................................................................................................... 38

15 INDEMNIFICATION ................................................................................ 39

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15.1 Indemnification by Distribution Franchisee to JVVNL: ...................................................... 39

15.2 Indemnification by JVVNL to Distribution Franchisee: ...................................................... 40

15.3 Procedure for claiming indemnity .................................................................................. 40

15.4 Indemnifiable Losses ................................................................................................... 41

16 INSURANCE ............................................................................................ 41

16.1 The Distribution Franchisee at its own discretion shall insure the Distribution Franchisee

Assets during the Term of Agreement in its own name. ................................................... 41

16.2 The Distribution Franchisee shall also obtain and keep in effect all insurances required

under the Laws of India. .............................................................................................. 41

17 EVENTS OF DEFAULT AND TERMINATION ............................................. 41

17.1 Distribution Franchisee Event of Default ........................................................................ 41

17.2 JVVNL Event of Default ................................................................................................ 43

17.3 Termination Procedure for Event of Default by Distribution Franchisee ............................. 43

17.4 Termination Procedure for JVVNL Event of Default.......................................................... 44

17.5 Consequences of Termination ....................................................................................... 44

17.6 Step In Rights of JVVNL ............................................................................................... 45

17.7 Expiry Payment ........................................................................................................... 46

17.8 Termination Payment in case of JVVNL Event of Default .................................................. 46

17.9 Termination Payment in case of Distribution Franchisee Event of Default .......................... 47

18 GOVERNING LAW AND DISPUTE RESOLUTION ..................................... 48

18.1 Governing Law ............................................................................................................ 48

18.2 Amicable Settlement .................................................................................................... 48

18.3 Disputed Payments ...................................................................................................... 49

18.4 Severability ................................................................................................................. 49

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19 FORCE MAJEURE .................................................................................... 50

20 MISCELLANEOUS PROVISIONS ............................................................. 50

21 LIST OF ANNEXURE (1-12) .................................................................... 54

List of Annexure

Annexure 1 : Brief description of Franchisee Area ................................................................. 55

Annexure 2 : Methodology for energy audit ......................................................................... 59

Annexure 3 : Specifications of consumer service center ........................................................ 61

Annexure 4 : Schedule of Annualized Input Rate .................................................................. 66

Annexure 5 : Procedure for Recovery of Arrear .................................................................... 67

Annexure 6 : Performance Guarantee ................................................................................. 68

Annexure 7 : Notification of Electricity Duty ......................................................................... 70

Annexure 8 : Details of projects approved under schemes of Government of India or the

State Government or any Department or Undertakings thereof or any

multilateral funding organizations .................................................................... 72

Annexure 9 : Order on RERC approved depreciation rate ...................................................... 75

Annexure 10 : Detailed report on audited Average Billing Rate ................................................ 77

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Distribution Franchisee Agreement

DISTRIBUTION FRANCHISEE AGREEMENT BETWEEN JVVNL AND

M/s……………………………

This Agreement made at [Name of the Place] this…………. day of [Month], [Year] between Jaipur

Vidyut Vitaran Nigam Limited, a company registered under the Companies Act, 1956 having its

registered office at Vidyut Bhawan, Janpath, Jaipur, hereinafter referred to as “JVVNL” (which

expression unless repugnant to the context or meaning thereof shall include its successors and

assigns) of the ONE PART

and

[Insert the name of SPV incorporated by the Selected Bidder] a company registered

under the Companies Act, 1956 having its registered office at [Insert registered office

address of the SPV -] Hereinafter referred to as “the Distribution Franchisee” (which

expression unless repugnant to the context or meaning thereof shall include its successors and

permitted assigns) of the OTHER PART.

and

[Insert the name of the Selected Bidder] a company registered under the Companies Act,

1956 having its registered office at [Insert registered office address of the Bidder]

Hereinafter referred to as “the Bidder” (which expression unless repugnant to the context or

meaning thereof shall include its successors and permitted assigns) who will the guarantor of all

the obligations and liabilities of the Distribution Franchisee of the OTHER PART.

WHEREAS:

A. JVVNL is a Distribution Licensee under the provisions of the Electricity Act, 2003 (the “Act”)

having license to supply electricity in the eastern part of the state of Rajasthan.

B. Under the provisions of the Act, JVVNL is entitled to distribute electricity in a specified area

within its area of supply through another person referred to as Franchisee.

C. For the purpose of sale and supply of electricity in the Bharatpur Area Urban Distribution

Divisions of JVVNL as more particularly described hereinafter, JVVNL selected M/s. [insert

the name of the SPV incorporated by selected bidder] Limited through the

competitive bidding process.

D. JVVNL issued a Letter of Intent No………………………dated ………………..to the said M/s [

Insert the name of the SPV incorporated by Selected Bidder] Limited and the same

had been accepted by M/s. [Insert the name of the SPV incorporated by Selected

Bidder] Ltd.

E. The parties have agreed to record the terms and conditions for distribution and supply of

electricity within the Franchisee Area by executing this Distribution Franchisee Agreement.

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F. The parties are fully aware that this Agreement is for distribution of electricity for

distribution in Franchisee Area through the Distribution Franchisee as contemplated under

the Electricity Act 2003.

NOW, THEREFORE, IN VIEW OF THE FOREGOING PREMISES AND IN CONSIDERATION OF THE

MUTUAL COVENANTS, PREMISES AND AGREEMENTS CONTAINED HEREIN, THE PARTIES AGREE

AS FOLLOWS:

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1 DEFINITIONS AND INTERPRETATION:

1.1 Definitions

In this Agreement, unless the context otherwise requires,

(i) “Agreement Representative”

Means the person nominated by the Parties as set forth in Article – 20.3.

(ii) “Base Year”

Means the Financial Year 2014-15.

(iii) RERC

Shall mean the Rajasthan Electricity Regulatory Commission, Jaipur, or its

successor(s).

(iv) Collection Efficiency

Shall mean the ratio of revenue actually realized from consumers (including the

subsidy amount, if any) and energy amount billed to Consumers (including the

subsidy amount, if any), in percentage terms for a particular period and shall be

calculated as below:

Collection Efficiency = (Revenue realized from Consumers in rupees= /Energy

Billed to Consumers in rupees)*100

(v) Consumer

Shall mean consumer of irrespective of voltage level at which electricity is

supplied to him/her and as defined under the Electricity Act, 2003.

(vi) Complaint

Means any written or electronic correspondence by a Consumer expressing

dissatisfaction with the products, services, or customer service of the Distribution

Franchisee.

(vii) Contract Year

Shall mean each successive period of one year beginning from the Effective Date

of this Agreement.

(viii) Distribution System

Means the system of wires and associated facilities between the delivery points

on the transmission lines or the generating station connection and the point of

connection to the installation of the Consumers.

(ix) Distribution

Means the supply and conveyance of electricity by means of distribution system.

(x) Distribution Assets

Shall mean the assets employed by JVVNL / Distribution Franchisee in the

Franchisee Area for distribution of electricity.

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(xi) JVVNL Distribution Assets

Shall mean the assets created and employed by JVVNL in the Franchisee Area as

on effective date, beyond the input points, for distribution of electricity including

33 kV, 11 kV and LT Lines, both overhead and underground, 33/11 kV Sub-

stations, control rooms, 11/0.4 KV Sub-stations, HV/LV underground cables,

electrical plant, control switch gear, meters having design voltage 33 kV and

below, service lines and other similar assets at the consumer end and other

assets employed by JVVNL for distribution of electricity including Complaint

Centers, Billing/IT Centers, Collection Centers, Stores (except major Stores – to

be specified by JVVNL), Transformer Repair Workshops/Test Labs dedicated to

the Franchisee Area, Division/Sub-division/Distribution Centre offices together

with furniture, fixtures, IT hardware/software and communication equipments. It

shall include vacant land owned by JVVNL identified for creation of sub-stations

and offices. It will also include residential accommodations which are presently

occupied by JVVNL Staff who may choose to go on deputation with the DF or are

lying vacant, community hall and training centers and other offices spaces and

open land which may not be required by JVVNL after handing over to the DF

subject to an undertaking from the DF that the property owned by JVVNL shall

not in any way be sold, transferred, disposed off, alienated, mortgaged or sub-let

by it as well as such properties shall not be used by the Distribution Franchisee

for any other purpose. No rent shall be charged by JVVNL for the assets handed

over to the franchisee.

(xii) Franchisee Distribution Assets

Shall mean the assets created and employed by Distribution Franchisee for

distribution of electricity.

(xiii) Distribution Losses

Shall mean the difference between energy supplied at the Input Points and

Energy Billed to Consumers in percentage terms for a particular period and shall

be computed as below:

Distribution Losses= (Net Energy supplied at Input Points less Energy Billed to

Consumers in kWh)/ Net Energy supplied at Input Points in kWh*100

(xiv) Effective Date

Shall mean the date of handing over of the business operations of Franchisee

Area by JVVNL to the Distribution Franchisee pursuant to this Agreement after

the conditions precedents are satisfied. Such date shall be mutually decided by

JVVNL and the Distribution Franchisee.

(xv) Engineer-in-Charge

Shall mean any person, nominated by each of the Parties as set forth in Article-

20.2.

(xvi) Expiry Date

Shall mean the 20th (twentieth) anniversary of the Effective Date.

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(xvii) Expiry Payment

Shall mean the payment to be made on expiry of the Agreement by either Party

to the other Party as per Article-17.

(xviii) Termination Payment

Shall mean the payment to be made on Termination of the Agreement by either

Party to the other Party as per Article-17.

(xix) Extra High Voltage or EHV

Shall mean any voltage equal to & above 132,000 Volts subject to permissible

variations.

(xx) Franchise

Means the rights granted by JVVNL to the Distribution Franchisee to act as a

franchisee of JVVNL to purchase and distribute electricity in the Franchisee Area

and all the rights, powers and authorities available to JVVNL as a distribution

licensee necessary to fulfil the obligations and responsibilities as contemplated

under this Agreement and which can be conferred upon the Distribution

Franchisee under the Act.

(xxi) Franchisee Area

Shall mean the area as mentioned in the Article- 4.4 in respect of which the

Distribution Franchisee shall act as a franchisee of JVVNL.

(xxii) Force Majeure

Without limiting the general limitations of liability in any way arising under this

Agreement neither party is responsible for failure or delay in performance of

services or obligations hereby undertaken due to occurrence of any event of

force Majeure including acts of God, acts of any Government (de jure or de facto)

or regulatory body or public enemy, war, riots, embargoes, industry-wide strikes,

the reduction in supply due to outage of generation facilities/ transmission lines

or any other causes, circumstances, or contingencies, whether of a similar or

dissimilar nature to the foregoing, beyond the parties control, which cannot be

reasonably forecast or prevented, thereby, hindering the performance by the

parties of any of their obligations hereunder.

(xxiii) GoR

Means the Government of Rajasthan and any Ministry, Department, or any other

Authority of the Government of Rajasthan.

(xxiv) Input Energy

Shall mean sum total of net energy supplied to the Franchisee Area through all

Input Points.

(xxv) Input Points

Shall mean 132Kv, 33 kV and 11kV side of 220/132kV, 220/33 kV, 132/33 kV and

220/11kV, 132/11KV power transformers at EHV Sub-stations, if the same is

supplying power only to the franchise area. In case 220/33 kV, 220/11Kv, 132/33

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kV and/or 132/11 kV power transformers are also supplying to area(s) other than

the franchise area, the respective 33 kV and/or 11 kV feeders supplying to

franchise area shall be considered as input points and shall include such other

EHV/HV substations or feeders, 33 kV & 11 kV cross-over points and all the

injection points of Captive Power Plants, IPPs, Non-conventional energy sources

which may feed energy to the Franchisee Area at the Effective date or during the

term of the Agreement.

(xxvi) Input Rate

Shall mean Rupees per unit of electricity supplied by JVVNL at the Input Points as

quoted in the accepted Financial Proposal of the Distribution Franchisee in

Annexure-4.

(xxvii) Law

Means, in relation to this agreement, all laws in force in India and would include

any statute, ordinance, regulation, notice, circular, code, rule or direction, or any

interpretation of any of them by a Governmental instrumentality and also

includes all applicable Rules, Regulations, Orders, Directions, Notifications by a

Governmental instrumentality pursuant to or under any of them and shall include

all Rules, Regulations, Decisions, Directions and Orders of RERC.

(xxviii) Major Incident

Means an incident associated with the Distribution and retail supply of electricity

in the Franchisee Area, which results in a significant interruption of service,

substantial damage to equipment, or loss of life or significant injury to human

beings and shall include any other incident, which JVVNL expressly declares to be

a major incident. Significant interruption of service for this purpose shall mean

interruption impacting more than 10,000 Consumers continuously for a period of

more than 24 hours and substantial damage to equipment shall mean damage to

Distribution Assets exceeding Rs 50 Lacs in gross value.

(xxix) Open Access

Shall mean open access as defined in the Electricity Act 2003.

(xxx) Person

Shall include any company or body corporate or association or body of

individuals, whether incorporated or not, or artificial juridical person.

(xxxi) Prudent Utility Practices

Shall mean the practices, methods and standards that are generally accepted

nationally from time to time by electric utilities for the purpose of ensuring the

safe and efficient distribution of electricity, operation and maintenance of

Distribution Assets etc.

1.2 Interpretations:

In this Agreement, unless the context otherwise requires:

(i) A reference to the singular shall include a reference to the plural and vice versa;

and a reference to any gender shall include a reference to the other gender.

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(ii) A reference to any Article, Clause, Appendix, Schedule, Attachment or Annex

shall be to an Article, Clause, Appendix, Schedule, Attachment or Annex of this

Agreement.

(iii) The Appendices, Schedules, Attachments and Annexes form an integral part of

this Agreement. In the event of any conflict between any provision of the Articles

and any provision of the Appendices, Schedules, Attachments or Annexes, the

provision of the Articles shall prevail.

(iv) Reference to any law or regulation having the force of law includes a reference to

that law or regulation as from time to time amended, modified, supplemented

extended or re-enacted.

(v) Any reference to time shall, except where the context otherwise requires, be

construed as a reference to the time in India. Any reference to the calendar shall

be construed as reference to the Gregorian calendar.

(vi) The headings of the Articles, Clauses, Appendices, Schedules, Attachments and

Annexes in this Agreement are inserted for convenience of reference only and

shall not affect the meaning or interpretation of this Agreement.

(vii) The words “include” or “including” shall be deemed to be followed by “without

limitation” or “but not limited to” whether or not they are followed by such

phrases.

(viii) Unless the context otherwise requires, any period of time referred to shall be

deemed to expire at the end of the last date of such period.

(ix) If any provision in Article 1 is a substantive provision conferring rights or

imposing obligations on any Party, effect shall be given to it as if it were a

substantive provision in the body of this Agreement;

(x) The rule of construction, if any, that a contract should be interpreted against the

parties responsible for the drafting and preparation thereof, shall not apply;

(xi) All references to agreements, documents or other instruments include (subject to

all relevant approvals) a reference to that agreement, document or instrument as

amended, supplemented, modified, substituted, novated or assigned from time to

time.

2 CONDITIONS PRECEDENT & CONDITIONS SUBSEQUENT TO THE

AGREEMENT

2.1 Conditions Precedent to be Satisfied by the Distribution Franchisee & JVVNL

2.1.1 Submission of Payment Security Deposit

The Distribution Franchisee shall secure the payment security deposit by providing Letter

of Credit to the satisfaction of JVVNL from any nationalized bank or Scheduled Bank for

an amount equivalent to two months’ estimated amount payable to JVVNL by Distribution

Franchisee based on energy input at Input Points in Franchisee Area and Input Energy

Rate (Including the two months equivalent estimated amount of Electricity Duty and

other charges) quoted by the Distribution Franchisee for first year of Franchisee term.

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JVVNL and [Name of the Franchisee] shall also sign a Default Escrow Agreements and

the Agreement to Hypothecate Cum Deed of Hypothecation for the purpose of collateral

arrangement. This payment security mechanism shall be governed as per conditions

stipulated in Article-12.

2.1.2 Submission of Performance Guarantee

The Distribution Franchisee shall secure the guarantee to perform by providing

Performance Guarantee to the satisfaction of JVVNL from any nationalized bank or

Scheduled Bank for an amount of Rs 27.35 Crore. This Performance Guarantee shall be

governed as per conditions stipulated in Article-12

The Earnest Money Deposit shall be refunded on submission of Performance Guarantee.

This Performance Guarantee shall be governed as per conditions stipulated in Article- 12

2.1.3 Minimum Capital Expenditure

The Distribution Franchisee shall submit details of Minimum Capital Expenditure to be

carried out by the franchisee over a period of 5 years from the effective date as

mentioned in Article 5.2.2, in line with the detailed Minimum Capital Expenditure

provided by JVVNL in RFP Project Documents, to JVVNL. All capital investments from

16th year onwards by the Franchisee shall be subject to RERC approval. Distribution

Franchisee shall submit such capital investment plans in last five years of the contract to

JVVNL and JVVNL shall facilitate approval of the RERC for such capital investment Plans.

Any investment made by the Distribution Franchisee 16th year onward which is not

approved by the RERC shall not be compensated by JVVNL at the expiry / termination of

the Franchise.

2.1.4 Completion of Audit of Various Parameters

The Joint Audit Team of JVVNL and the Distribution Franchisee shall complete an audit of

the parameters listed below:

2.1.4.1 Opening level of Inventory;

2.1.4.2 Ongoing Contracts as on Effective Date; and

Since the baseline parameters of the preceding financial year have already been audited

by an independent third party auditor the Average Billing Rate (net of Subsidy) for the

Base Year at Rs 5.91 per unit shall be treated as frozen for the purpose of this

agreement for entire period. Similarly the average billing rate (including subsidy) for the

base year at Rs 5.93 per unit shall be treated as frozen for the purpose of this agreement

for entire period. The detailed report of the audited ABR (net of subsidy) and audited

ABR (including subsidy) with the various components revenue billed used for

computation of ABR is attached in Annexure-10.

2.1.5 Calibration of Meters

The authorized representatives of JVVNL, RVPNL and the Distribution Franchisee shall

conduct a joint audit and Calibration of the interface main meters at the Input points. If

the main meters are found to be defective or are not as per the specification laid down

in Central Electricity Authority (installation and operation of Meters Regulation 2006 as

amended from time to time), necessary actions as described in Article 7.3 shall be

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followed.

2.1.6 Installation of check meters

The Distribution Franchisee shall install the check meters at all input points as

per the provisions of Central Electricity Authority (installation and operation of Meters

Regulation 2006) as amended from time to time. The authorized representatives of

JVVNL, RVPNL and the Distribution Franchisee shall conduct a joint audit and Calibration

of the check meters at the Input points before the effective date.

2.1.7 Authorization to DF to Represent

(a) Sufficient number of officers of the Distribution Franchisee shall be authorized

under Section 126, Section 135, section 152, section 138 and section 163 (1&2) of

the Electricity Act 2003 for taking necessary action to prevent the unauthorized

use, theft and pilferage of electricity in Franchisee Area. The Franchisee must

inform JVVNL about the categories of officers and the relevant sections of the

Electricity Act, 2003 for which authorization is needed. It shall be the responsibility

of JVVNL to have the officers of the Distribution Franchisee designated as such by

the State Government.

(b) Sufficient number of officers of the Distribution Franchisee shall be authorized by

JVVNL for representing before the RERC, Consumer Grievance Redressal Forums,

Ombudsman, Consumer Courts, etc.

(c) The Franchisee should also be allowed to represent to the State Transmission

Utility for

i. augmenting the transmission capacity matching with the growth in distribution

network

ii. metering of input points including calibration of meters

iii. matters relating to load dispatch and grid discipline

2.1.8 Determination of category wise number of employees in Franchisee Area

2.1.9 All the conditions precedent stated herein above shall be satisfied within 60 (sixty) days

of signing of this Agreement or such further period as may be extended by the parties

mutually. If, the Distribution Franchisee fails to satisfy Article 2.1 above, within the

stipulated duration, JVVNL shall be entitled to terminate this Agreement and forfeit the

earnest money deposit of the Distribution Franchisee at its discretion for the reason

attributable to Distribution Franchisee. JVVNL shall ensure protection of the Distribution

Franchisee and its employees under Section 168 (Protection of Action Taken in Good

Faith) of The Electricity Act, 2003. No suit, prosecution or other proceeding shall lie

against employees or the assessing officer of the Distribution Franchisee for anything

done or in good faith purporting to be done under The Electricity Act-2003 or the rules or

regulations made there under.

2.1.10 Formation of Special Purpose Vehicle (SPV)

The Selected Bidder will form a Special Purpose Vehicle (SPV) in the form of a company

to be incorporated under Indian Companies Act 2013 for signing the Distribution

Franchisee Agreement with JVVNL.

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2.2 Conditions Subsequent to be Satisfied by the Distribution Franchisee & JVVNL

2.2.1 Arrear Determination

The Joint Audit Team of JVVNL and the Distribution Franchisee shall complete an audit

of:

2.2.1.1 Opening Asset Register

2.2.1.2 Opening level of arrears;

2.2.1.3 Segregation into permanently disconnected and current live arrears;

2.2.1.4 Ageing analysis of current live arrears up to a period of three months;

2.2.1.5 Credit Balance from Consumers; and

2.2.1.6 Joint verification of permanently disconnected Consumers.

2.2.2 Methodology to compute Average Billing Rate (ABR) tariff for each billing period for the

purpose of Article-8 during the term of this Agreement The component of ABR will

remain the same as declared as a part of Conditions Precedent. However any new

component of tariff approved by RERC in future, by whatsoever name, shall be included

in ABR for the purpose of Tariff Adjustment under Article 8.1

2.2.3 JVVNL shall identify the Consumers for which Service Connection Charges (SCC) has

been received by it, but connections have not been provided. The DF shall be required to

take necessary action for release of all those connections which have been applied for

but not released as on the date of hand over. For this purpose, the Service Connection

Charges already deposited by the consumer with JVVNL shall be transferred to the DF

and further supervision charges received from the Consumers, if any, towards such

connections shall be remitted to the Distribution Franchisee.

2.2.4 All the conditions subsequent stated above shall be satisfied within thirty (30) days

except for condition mentioned in Article 2.2.1.5 which shall be completed within two

months time, from the Effective Date or such further time as may be mutually extended

by the Parties.

3 TERM OF AGREEMENT

3.1 Term of Agreement:

The term of this Agreement shall be for a period of Twenty (20) years from the Effective

Date.

3.2 Early Termination

This agreement can be terminated before the expiration of the Franchisee Period as per

the provisions of Article-17 and Article-3.3 of this Agreement.

3.3 Event of Abandonment

If the Distribution Franchisee ceases to operate all and/or any substantial part of the

Distribution System for a period of forty-eight (48) consecutive hours without the prior

written consent of JVVNL, then JVVNL or its designates shall be entitled to immediately

enter any and/or all of the site(s) and operate the Distribution System, provided however

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that:

An event of abandonment shall not have been set to occur, if the cessation of operation

has resulted from –

(i) an event of Force Majeure; or

(ii) a scheduled outage; or

(iii) Non-supply of power by JVVNL) over a period of 48 hours

It is however expressly agreed that if the Distribution Franchisee is proceeding with

diligence and good faith to overcome or remedy such event and such event is overcome

or remedied within a further period of forty-eight (48) hours, then such an event shall

not be treated as an event of abandonment.

It is hereby expressly agreed that all third party liabilities arising out of the event of

abandonment shall be borne by the Distribution Franchisee alone. The Distribution

Franchisee shall indemnify and hold JVVNL harmless against the same as provided in

Articles 15.1.2. The Distribution Franchisee shall compensate JVVNL for the losses

suffered by JVVNL, if any, as provided in Article

3.4 Survival

The expiry or termination of this Agreement shall not affect accrued rights and

obligations of the parties under this Agreement, nor shall it affect any continuing

obligations for which this Agreement provides, either expressly or by necessary

implication post its expiry or termination.

4 GRANT OF DISTRIBUTION FRANCHISE

4.1 Grant of Franchise

Subject to the terms and conditions of this Agreement and the Act, JVVNL agrees to

sell/supply electricity to the Distribution Franchisee at annual Input Energy Rates for

further distribution in the Franchisee Area and the Distribution Franchisee hereby agrees

that it shall perform all the obligations and accept all the liabilities of JVVNL as the

Distribution Licensee for the Franchisee Area as stipulated in the Law, as if they were to

apply to the Distribution Licensee and other activities as stipulated in this Agreement . In

consideration of the above, the Distribution Franchisee shall have “Right to Use” JVVNL

Distribution Assets and all other rights, powers and authorities available to JVVNL as a

Distribution Licensee to perform its obligation under this Agreement. Distribution

Franchisee however shall not be the owner of JVVNL Distribution Assets.

4.2 Legal Status of Distribution Franchisee

The Distribution Franchisee shall be a franchisee of JVVNL as defined under the Act and

it shall not be a licensee under Section 14 of the Act.

4.3 Exclusivity

The Distribution Franchisee will be the exclusive franchisee of JVVNL in the Franchisee

Area. The Distribution Franchisee is entitled to assign or transfer its rights and

obligations under this agreement only to banks /financial institutions/financing agencies

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who are lenders to this specific project. Apart from the aforesaid, the Distribution

Franchisee shall not be entitled to assign or transfer in any manner its rights and

obligations under this Agreement to its affiliate or any other third party without the prior

written approval of JVVNL. However the Distribution Franchisee may appoint sub-

contractor(s) for outsourcing some of its activities with a prior three days written

intimation to JVVNL. It is however clarified that the Distribution Franchisee alone shall be

liable and responsible to JVVNL for the due performance of this Agreement and any

default / breach of any of the terms and conditions of this Agreement by any such

subcontractor shall be deemed to be a default / breach by the Distribution Franchisee.

4.4 Franchisee Area

The Franchisee Area at present contains input points as detailed in Annexure-1. In case

the details provided in the Annexure-1 is different from the Joint Audit report, the

conclusions of the Joint Audit report shall be final and Annexure-1 shall stand amended

accordingly. Notwithstanding this Joint Audit Report, the Input Energy Rates quoted by

the Distribution Franchisee with the Financial Proposal and accepted by JVVNL for the

contract period shall remain unchanged.

4.5 Effect of Acceptance

By accepting the Franchisee and executing this Distribution Franchisee Agreement, the

Distribution Franchisee accepts and agrees to comply with the provisions of this

Distribution Franchisee Agreement and the Act.

4.6 Directions

Distribution Franchisee shall comply with JVVNL directives issued for compliance of the

Laws, Regulations, Orders and Directives of RERC. However, the Distribution Franchisee

shall have option of following alternative methods for complying with applicable Laws,

Regulations, Orders and Directives of RERC.

4.7 Intent

It is the intent of both the parties that each party shall enjoy all rights and be subject to

all obligations of this Distribution Franchisee Agreement for the entire term of the

Agreement and to the extent any provisions have continuing effect, after its expiration.

5 ACTIVITIES OF DISTRIBUTION FRANCHISEE

5.1 ‘Right of Use’ to JVVNL Distribution Assets

5.1.1 The Distribution Franchisee shall be entitled to use JVVNL Distribution Assets to perform

its obligation under this Agreement. JVVNL shall however, continue to be the owner of

such assets.

5.1.2 Distribution Franchisee shall use and maintain such assets at its own cost to keep them

in good working condition as per Prudent Utility Practices.

5.1.3 Distribution Franchisee shall not dispose off or alienate or in any way encumber such

assets of JVVNL.

5.1.4 If any such asset is scrapped, the same shall be deposited at the store at the [complete

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address of JVVNL’s store in/nearby the Franchisee Area] or Substation or any other area

as specified by JVVNL ,at the Franchisee Area by the Distribution Franchisee at its cost.

JVVNL shall duly identify the scrap against its Asset register for Transformers &

accessories and HT network.

5.1.5 Asset Register of the Bharatpur Franchisee Area, which shall be verified and signed by

both the parties in compliance of the provisions of Article 2.2.1.1.

5.1.6 On termination/ expiry of this agreement, the Distribution Franchisee shall without demur

hand over physical possession/ custody of JVVNL Distribution Assets in same condition,

subject to normal wear and tear and Article 5.1.4.

5.1.7 Any shortfall in the quantity of JVVNL Distribution Assets verified and recorded in the

joint audit report shall be recovered from the Distribution Franchisee at the cost of

replacement of such asset. The Distribution Franchisee has the option to replace such

missing or lost equipment (shortfall) with comparable equipment.

5.1.8 If the Distribution Franchisee uses JVVNL assets that have not been transferred as a part

of JVVNL Distribution Assets, separate charges for the use of the same shall be payable

to JVVNL.

5.1.9 If the Distribution Franchisee intends to utilize other services of JVVNL such as Testing

facilities for HT/LT metering, switching/substations and Distribution transformers or any

other technical assistance, the charges for the same shall be payable to JVVNL.

5.1.10 Under no circumstances the Distribution Franchisee shall use JVVNL’s asset or assets

created by it in the Franchisee Area for any purpose other than the objective of this

agreement i.e. Distribution and Supply of electricity in the Franchisee Area. However in

an exceptional case, if such need arises then the written permission of JVVNL is required.

5.2 New Capital Expenditure

5.2.1 The Distribution Franchisee shall plan and implement capital expenditure to improve

efficiencies, upgrade infrastructure etc. as is deemed necessary by Distribution

Franchisee. However Distribution Franchisee shall obtain the prior approval of work plan

for making such expenditure. If no comments/observations is received from JVVNL for

such work plan within 15 days of submission, it shall be deemed to be treated as

approved.

5.2.2 Distribution Franchisee shall provide for capital expenditure to improve efficiencies,

augment and upgrade infrastructure, reduction in Distribution Losses and improvement

in quality of supply in the Franchisee Area. The Distribution Franchisee shall make a

minimum investment of Rs 68.30 Crores spread over a period of 5 years in accordance

with details of Minimum Capital Expenditure submitted by Distribution Franchisee to

JVVNL as indicated in Article 2.1.3 of Distribution Franchisee Agreement. The franchisee

shall roll out its capital expenditure in such way that at least 10% of the minimum capital

expenditure is spent every year for the first five years of the contract period.

5.2.3 Such capital expenditure implemented by the Distribution Franchisee would include

replacement of Distribution Assets also.

5.2.4 The cost of all such capital investment shall be borne by the Distribution Franchisee. The

input energy rates quoted by the Distribution Franchisee shall be deemed to have taken

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into account the cost of finance and depreciation on account of these investments.

5.2.5 The Distribution Franchisee shall arrange the funds required for meeting its minimum

capital expenditure. However, for capital expenditure beyond minimum capital

expenditure, in case there is any capital investment funding scheme like R-APDRP,

National Electricity Fund etc. proposed from Government of India or the State

Government or any Department or Undertakings thereof or any multilateral funding

organizations which is available to JVVNL as Distribution Licensee at terms and conditions

which, in the opinion of the Distribution Franchisee, are better than those available to it

from its own sources, then at the request of the Distribution Franchisee and detailed

project proposals to be prepared and submitted by the Distribution Franchisee to JVVNL

within the scope of such funding schemes, JVVNL may avail such schemes and get the

same implemented in the Franchisee Area through the Distribution Franchisee. There

shall be a back to back arrangement between JVVNL and the Distribution Franchisee with

negotiated terms and conditions along with requisite bank guarantees mechanism for

meeting the finance cost and loan liabilities of such schemes. For this purpose, JVVNL

shall enter into a separate agreement with Distribution Franchisee, outside the purview

of this Distribution Franchisee Agreement, covering payment of the interest, repayment

of loan to the funding agency, conversion of loan into grant, transfer of assets on

termination of such funding scheme and any other terms & conditions incident thereon

etc. .

5.2.6 The Distribution Franchisee shall also maintain a separate record of the Distribution

Assets purchased by it with all details and particulars. It shall also make entries of these

assets in the asset register.

5.2.7 Upon expiry/termination of this Agreement, Distribution Franchisee shall hand over all

JVVNL and Franchisee Distribution Assets of Franchisee Area, to JVVNL in working

condition subject to normal wear and tear. The Distribution Franchisee shall not have a

right whatsoever to take back these assets, if the same are to be compensated by JVVNL

in terms of the Agreement.

5.2.8 On the expiry/termination of this Agreement, JVVNL shall compensate Distribution

Franchisee for the Distribution Assets added by Distribution Franchisee, to the extent

funded by the Distribution Franchisee, at the depreciated value of such assets.

5.2.9 Such assets in normal working condition shall be transferred to JVVNL at the depreciated

value in the audited books of accounts of the Distribution Franchisee based on

depreciation rate approved by RERC. The approved depreciation rate of RERC is attached

in Annexure-9 which shall remain constant for the term of agreement.

5.2.10 The Distribution Franchisee shall submit details of the assets added by it on a quarterly

basis, and the book value of such assets shall be certified by independent auditor as

acceptable The independent auditor shall be jointly appointed by JVVNL and Distribution

Franchisee. The fees for appointment and services provided by independent auditor shall

be equally shared by JVVNL and Distribution Franchisee. Such certification shall be done

within a period of 90 (ninety) days from the date of creation of such asset.

5.2.11 Any land to be purchased for the purpose of construction of sub-station shall be provided

by JVVNL. In case the franchisee purchases any such land after taking due permission

from JVVNL for suitability of land and also price, the cost of such land shall be remitted

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by JVVNL to the franchisee at the expiry of the contract along with the interest thereon

to be mutually agreed between the franchisee and JVVNL before the purchase of land.

Such land shall be transferred in the name of JVVNL after the expiry of the contract and

remittance of the due amount to the franchisee by JVVNL. JVVNL shall facilitate

Distribution Franchisee in obtaining RoW for laying of the electrical lines.

5.2.12 Notwithstanding anything stated above, all investments shall be planned and

implemented keeping in view the distribution license conditions of JVVNL and following

the procedures as prescribed therein.

5.2.13 All capital expenditure to be made by the DF 16th year onwards will require prior

approval from RERC.

5.2.14 All the capital expenditure 16th year onwards requiring approval from RERC shall be

submitted by the Distribution Franchisee to JVVNL and JVVNL will facilitate its approval

from RERC. Any capital expenditure made in violation of these conditions which is

rejected by the RERC/ JVVNL, shall not be compensated, as provided for in 5.2.9 above,

by JVVNL.

5.3 Supply of O&M Spares

5.3.1 For the period of first three months from Effective Date, JVVNL may arrange to issue

O&M spares to the Distribution Franchisee at its request, subject to availability, and at

store issue rate of JVVNL. Distribution Franchisee shall be required to pay the cost of

such O&M spares to JVVNL.

5.4 Supply of Energy

5.4.1 JVVNL shall supply minimum energy at Input Points of the Franchisee Area to fulfill its

obligations under this DFA and as per RERC and SLDC directives for maintaining grid

discipline. Without prejudice to the forgoing, JVVNL shall not discriminate in the supply of

power between the Franchisee Area and other distribution circles.

5.4.2 In case JVVNL is unable to provide sufficient energy to meet the requirement of the

Franchisee Area, the franchisee may request JVVNL to source the energy that is in

deficit, from the open market. As regards the mechanism, while the franchisee will

identify and procure power from diverse sources, the agreements for purchase of power

shall be executed by JVVNL as the principal Party. JVVNL will have to comply with

Section 86(1)(b) of the Electricity Act, 2003 by making necessary applications to the

RERC for scrutiny and approval even if the power is procured specifically for the

Franchisee area. In the same application, JVVNL shall seek RERC's approval for a

Reliability Charge which it will recover from DF in the monthly invoice and DF in turn

shall recover the same from its consumers as approved by RERC. JVVNL shall be

responsible for justifying the need for power, its price, its contractual arrangement under

power purchase agreements, for scrutiny and approval of the RERC. The DF will identify

the additional sources of power purchase and the rate for the same, and JVVNL will enter

into Power Purchase Agreements (PPAs) with contracted parties for power purchase.

JVVNL will enter into a four –party agreement/PPAs with the Franchisee and RVPNL as

Parties to the PPA. Such electricity purchase (including price) and power procurement

process of JVVNL will be subject to regulation by the RERC under the provisions of

Section 86(1)(b) of the Act. The required quantum of additional power shall be allocated

to the franchisee area.

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5.4.3 JVVNL shall also assist the Franchisee in obtaining information from Rajasthan Vidyut

Prasaran Nigam Limited (RVPNL) about the transmission capacity for power purchase.

5.4.4 Such scheme will be implemented only after approval of RERC. JVVNL will have no

responsibility or liability if such scheme is not approved/ rejected by RERC.

5.4.5 In case of procurement of power from sources other than JVVNL, the wheeling charges

shall be payable by Distribution Franchisee for using the network other than that of the

distribution network of JVVNL for distribution of power in the Franchisee Area and shall

be recoverable by the Distribution Franchisee from the tariffs as levied by JVVNL.

5.4.6 The Distribution Franchisee shall not sell the Input Energy to anyone outside the

Franchisee Area.

5.4.7 The Distribution Franchisee shall strictly adhere to the planned load shedding schedule of

JVVNL based on directives issued by SLDC.

5.4.8 The Distribution Franchisee shall also follow the instructions of Rajasthan Vidyut Prasaran

Nigam Limited/ State Load Dispatch Centre for grid discipline.

5.4.9 In order to fully recover the cost of energy to meet such deficit, the franchisee may

charge the consumers in the form of a Reliability Charge per unit. JVVNL shall obtain

prior approval of the RERC for the levy of such charge.

5.5 Liabilities and Obligations

The Distribution Franchisee shall accept all liabilities and perform all obligations of the

distribution licensee (JVVNL) in the Franchisee Area as a franchisee of JVVNL, in

compliance with the Law, Regulations and Directives of RERC issued from time to time as

if they were to apply to licensee and directives of JVVNL for compliance of laws,

regulations, orders and directives of JVVNL. The broad scope of work would be as

follows:

5.5.1 Undertake distribution & supply of power to the Consumers of JVVNL in the Franchisee

Area from effective date.

5.5.2 Undertake all Operation & Maintenance related activities in Franchisee Area.

5.5.3 Treatment of Ongoing Contracts

5.5.3.1 Distribution Franchisee (DF) shall be responsible for administering and maintaining the

ongoing contracts entered into by JVVNL.

5.5.3.2 For the activities outsourced by JVVNL to any agencies prior to appointment of

Distribution Franchisee, if the Distribution Franchisee does not agree to continue with

such outsourced activities, JVVNL will cancel such outsourced agreements with the

concerned agencies and termination cost; as specified in the contract between JVVNL

and concerned agencies; shall be borne by JVVNL.

5.5.3.3 Work in progress for Capital Investments already in pipeline shall be continued by JVVNL.

In case of an ongoing capital expenditure contract involving a contractor appointed by

JVVNL, if such contractor fails to complete the said works as per the prescribed time

schedule, the DF will request JVVNL to take necessary action including cancellation of

such contract for which JVVNL shall bear all the liabilities and third party claims accrued

there from, if any. In case of an ongoing capital expenditure contract being undertaken

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by JVVNL, in case JVVNL fails to complete the said works as per the time schedule

prescribed, the franchisee may carry out the remaining work on behalf of JVVNL and

deduct the investments from the input energy amount payable to JVVNL. The amount of

deduction shall be subject to the condition that , it should be audited by third party

independent auditor jointly appointed by JVVNL and DF. The cost os appointment and

fees payable to third party independent auditor shall be jointly shared by JVVNL and

Distribution Franchisee. The details of the ongoing capital expenditure are provided as

part of the RFP document.

5.5.3.4 Distribution Franchisee can use the customer care /complaint centre of JVVNL up to one

year from effective date For using this facility JVVNL shall not charge any rent from

Distribution Franchisee.

5.5.3.5 Any legal liability or any other such liability on completed contracts shall be borne by

JVVNL and JVVNL shall keep the DF completely indemnified in this regard.

5.5.3.6 Neither party shall undertake any obligation or liability under this Agreement if JVVNL

fails to successfully handover the operation of DF.

5.6 Technical Duties and Responsibilities of the Distribution Franchisee

The broad duties and responsibilities would include, but not limited to, the following

activities:

5.6.1 Load Forecast

The Distribution Franchisee shall carry out demand estimation / load forecast of the

Franchisee Area everyday and apprise the same to JVVNL.

5.6.2 Energy Audit

The Distribution Franchisee shall carry out energy audit on a monthly basis and submit a

report of the same to JVVNL. The methodology for the same has been enclosed at

Annexure-2.

5.6.3 Operation, Repair & Maintenance and Up gradation

The Distribution Franchisee shall at its own cost perform the following tasks:

5.6.3.1 Operation and maintenance of Distribution Assets from the start of input feeders of

Franchisee Area

5.6.3.2 Operation and maintenance of sub-stations and transformer stations

5.6.3.3 Installation of metering devices and carry out meter reading, monitoring all feeders and

distribution transformers as per the requirement.

5.6.3.4 Repair, maintain and replace failed distribution transformers as per RERC Supply Code

and Standards of Performance

5.6.3.5 Maintain a minimum level of rolling stock of transformers and other necessary material

5.6.3.6 Upgrade, renovate and maintain the existing distribution network/ systems/ IT assets

and systems as per Prudent Utility Practices and the standards that may be prescribed

by RERC.

5.6.3.7 For carrying out day-to-day maintenance work, if shutdown is required from EHV station

on any feeder, the Distribution Franchisee shall apply for proper permit from Rajasthan

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Vidyut Prasaran Nigam Limited (RVPNL) EHV substation. Such permit shall be returned to

concerned EHV substation immediately after the work is completed. The Distribution

Franchisee shall also intimate schedule of planned outages to the concerned EHV

substation and maintain day-to-day coordination for smooth operation of transmission

network

5.6.4 Compliance with standards

5.6.4.1 The Distribution Franchisee shall take all reasonable steps to ensure that all Consumers

within the Franchisee Area receive a safe and reliable supply of electricity as defined by

RERC.

5.6.4.2 The Distribution Franchisee shall be responsible for complying with all Indian Electricity

Rules, RERC Standards, Regulations and other Directives as issued and modified from

time to time and as applicable to any distribution licensee. Any penalty imposed on

JVVNL by RERC or any other Government Authority on account of failure of the

Distribution Franchisee in compliance shall be borne by the Distribution Franchisee.

5.6.4.3 The Distribution Franchisee shall conduct its franchised business in the manner, which it

considers to be best calculated to achieve the Overall Performance Standards for

provision of Supply of services and the promotion of the efficient use of electricity by

Consumers pursuant to Electricity Act 2003.

5.6.4.4 The Distribution Franchisee shall adhere to Rajasthan State Load Despatch

Control(SLDC) instruction to maintain the grid discipline time to time.

5.6.4.5 Ensuring Zero drawl of reactive power as per the Rajasthan state grid code.

5.6.5 Consumer Service

(A) Electricity Supply Code

The Distribution Franchisee shall:

a) Comply with Electricity Supply Code and other conditions of supply as approved and

modified by RERC from time to time from the effective date. Any penalty imposed

on JVVNL by RERC for non-compliance shall be borne by the Distribution Franchisee

for the reason attributable to it.

b) Bring to the notice of the Consumers the existence of the Supply Code (and

conditions of supply as approved and modified by RERC from time to time),

including its substantive revision and their right to inspect or obtain a copy in its

latest form;

c) Make available a copy of the Supply Code (and conditions of supply as approved

and modified by RERC from time to time) revised from time to time, for inspection

by the public during normal working hours; and

d) Provide free of charge a copy of the Supply Code (and conditions of supply) as

revised from time to time to each new Consumer, and to any other person who

requests it at a price not exceeding the cost of duplicating it.

(B) Consumer Complaint Handling

The Distribution Franchisee shall comply with the complaint handling procedure approved

by RERC. The Distribution Franchisee shall:

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a) Establish within a period of one year from the Effective Date, at least one Internal

Grievance Redressal cell / Consumer Service Centre and one Consumer Grievance

Redressal Forum as per minimum specifications placed at Annexure-3 for Consumer

Complaints and Redressal system.

b) Redress commercial, billing, all other Complaints of Consumers.

c) Make available, on demand, a copy of the complaint handling procedure, revised

from time to time, for inspection by the public at each of the relevant premises

during normal working hours; and

d) Provide free of charge a copy of the procedure revised from time to time to each

new Consumer, and to any other person who requests for it at a price not

exceeding the cost of duplicating it.

e) To comply with the Orders and Directions, if given by court or forum under

Consumer Protection Act 1986 or Consumer Grievance Redressal Forum and

Electricity Ombudsman under the RERC (Settlement of Disputes by Electricity

Ombudsman) Regulations, 2010.

(C) Consumer Services

The Distribution Franchisee, on request of the Consumer, to the extent that is reasonably

available to the Distribution Franchisee, shall provide:

a) Information on all services provided by the Distribution Franchisee including

information on the charges, which may be available to the Consumers;

b) Information on meter readings for the electricity services provided to the Consumer

premises by the Distribution Franchisee in the Franchisee Area; and

c) Information on the status of the Consumer’s account with the Distribution

Franchisee.

5.6.6 Obligation to Connect Consumers

a) Subject to the provisions of this Agreement, the Distribution Franchisee shall have

the following obligations: Subject to the provisions of the Electricity Act 2003, the

Distribution Franchisee shall, on the application of the owner or occupier of any

premises within the Franchisee Area, give supply of electricity to such premises as

per Distribution Code issued by RERC.

b) Distribution Franchisee shall be responsible for incurring capital expenditure in

order to provide new connections in the Franchisee Area. The expenditure involved

in providing new connection, net of Service Connection Charges and any other

contributions / charges received from the Consumer towards capital cost of

providing new connection as per applicable Regulations shall be deemed to form

part of the Franchisee Distribution Assets to be compensated in terms of Article-

5.2.9.

c) Subject to the provisions of the Electricity Act 2003, the Distribution Franchisee

may refuse to supply, or may disconnect the supply of electricity to any premises.

d) The Distribution Franchisee shall retain the Service Connection Charges (SCC) and

any other approved charges collected from the consumers for giving new

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connections/ any alteration of service connection including load extension/

reduction levied as prescribed by RERC.

e) The Distribution Franchisee shall collect the Security Deposit from the Consumers

for giving new connections. The security deposit so collected shall be transferred to

JVVNL.

f) The applicable interest on these deposits shall be borne by JVVNL and the same

shall be transferred to the Distribution Franchisee net of Tax Deduction at Source

(TDS) to meet its obligations as per applicable regulations. JVVNL shall also issue

TDS certificate to the eligible consumers as per the applicable laws and regulations.

g) The adjustment against arrears on account of Consumers who are permanently

disconnected by the Distribution Franchisee after the Effective Date shall be

allowed from the Security Deposit of the respective Consumer after following

applicable regulations. However, in case of Consumers existing on the Effective

Date, JVVNL shall have the first right on the security deposit.

h) The Distribution Franchisee shall not grant new connections to Permanently

Disconnected (PD) Consumers as on Effective Date without the written consent of

JVVNL unless arrears have been recovered from them and remitted to JVVNL.

JVVNL shall take responsibility for such cases and defend the legal cases, at its own

cost, arising out of such an action by the Distribution Franchisee.

i) The Distribution Franchisee shall levy the Security for Meter as prescribed by RERC.

The Distribution Franchisee may retain the Security for Meter collected after the

Effective Date. JVVNL shall transfer the existing Security for Meter as on Effective

Date to the Distribution Franchisee within 30 days from Effective Date.

5.7 Commercial Duties and Responsibilities of the Distribution Franchisee

The Distribution Franchisee shall perform in the Franchisee Area:

5.7.1 Meter reading and billing to the Consumers as per the retail tariffs approved by RERC

from time to time.

5.7.2 Collections from the Consumers as per the billing.

5.7.3 Collection of arrears on behalf of JVVNL.

5.7.4 Make timely payments to JVVNL as per the terms and conditions of this Agreement.

5.7.5 Replace defective meters with new meters.

5.7.6 Maintain Consumer database and billing records.

5.7.7 Initiate necessary action, in accordance with the procedure for anti theft, disconnection

and control of commercial losses as defined in Electricity Act 2003 and applicable

Regulations and Directives issued by RERC.

5.7.8 Discharge all duties and responsibilities of JVVNL as the distribution licensee as required

by the License Regulations of the RERC except such of the conditions, which cannot be

complied with by the Distribution Franchisee alone.

Undertake any other activity as may be notified from time to time by RERC to the

distribution licensee.

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6 DUTIES AND RESPONSIBILITIES OF JVVNL

The broad duties and responsibilities of JVVNL would include the following activities:

6.1 JVVNL shall ensure the supply of power to Distribution Franchisee of acceptable quality

standards as per Article 5.4.

6.2 JVVNL shall communicate to Distribution Franchisee any shortfall or inability to supply,

the power requirements of the Distribution Franchisee.

6.3 JVVNL shall carry out meter reading jointly with Distribution Franchisee on a monthly

basis at Input Points of the Franchisee Area.

6.4 JVVNL shall support the Distribution Franchisee initiatives to adopt innovative practices to

bring about effectiveness and efficiency in electricity distribution business.

6.5 JVVNL will recommend setting up Special Courts and facilitate administrative and police

support for smooth functioning of the Distribution Franchisee

6.6 JVVNL shall create a separate cell headed by Superintending Engineer for coordinating

with Distribution Franchisee for day to day activities.

7 METERING AND MEASUREMENT

7.1 Metering System

7.1.1 The Distribution Franchisee shall install and operate the Check Metering system in

accordance with this Article 7 and Central Electricity Authority (Installation and

Operations of Meters) Regulations, 2006. In addition to the existing Main Meters at each

of the Input Points, the Distribution Franchisee shall also provide a check meter at each

of them.

7.1.2 Installation and timely replacement of main meters as required to directly measure

energy input in the Franchisee Area shall be the responsibility of JVVNL/ RVPNL/ Central

Transmission Utilities as the case may be.

7.2 Inspection and Testing of Meters

7.2.1 JVVNL / RVPNL and Distribution Franchisee shall jointly inspect and if necessary,

recalibrate the metering system on a regular basis but in any event, at least once every

three (3) months or at a shorter interval at the request of any of the three parties.

7.2.2 Each Meter comprising the metering system shall be sealed by JVVNL, Distribution

Franchisee and RVPNL, and shall not be opened, tested or calibrated except in the

presence of all the parties.

7.3 Inaccuracy of Meters

In case the difference between the readings of the main meter and the check meter for

any calendar month is within 0.5%, the reading of the main meter shall be taken as final.

If however, the variation exceeds ±0.5 %, the final value shall be arrived at as per the

procedure, laid down as below.

Whenever difference between the readings of the Main meter and the Check meter for

any month is more than 0.5%, the following steps shall be taken Checking of CT and VT

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connections:

a) Calibration of interface meters at site with reference standard meter of accuracy class

higher than the meter under test.

b) On carrying out the re-calibration of the main meter, if it is discovered that either the

percentage of inaccuracy exceeds ± 0.5 % or that the main meter is not working,

the following procedure in order of priority, whichever is feasible, for arriving at the

computation of quantity of energy during the period between the last calibration and

the present, shall be followed:

(i) On the basis of the readings of the check meter if installed and functioned

accurately; or

(ii) By correcting the error if the percentage of error is ascertainable of calibration,

tests or mathematical calculation; or

(iii) By estimating the volume of energy delivered based on the meter reading on the

upstream of the network i.e. energy reading of meters installed on LV side of the

power transformers or HV side of the transformer.

c) The correction to the quantity of energy injected shall apply to the following periods

(hereinafter referred to as the “Correction Period”):

(i) To any period of time during which the main meter was known to be

malfunctioning or to which the parties mutually agree;

(ii) If the period during which the main meter was malfunctioning is not known or is

not agreed to between the parties, the correction shall be applicable for a period

equal to half the time elapsed since the date of the preceding calibration test,

provided that under no circumstance shall the Correction Period exceed one

month.

d) If the difference exists even after such checking or testing, then the defective meter

shall be replaced with a correct meter.

e) In case of conspicuous failures like burning of meter and erratic display of metered

parameters and when the error found in testing of meter is beyond the permissible

limit of error provided in the relevant standard, the meter shall be immediately

replaced with a correct meter.

f) In case where both the Main meter and Check meter fail, at least one of the meters

shall be immediately replaced by a correct meter.

7.4 Measurement

7.4.1 Distribution Franchisee shall carry out weekly meter readings at Input Points at 18.00

hours on 7th, 14th, and 21st day of each calendar month and intimate the same to

JVVNL by 16.00 Hrs on the next business day.

7.4.2 A joint meter reading by both the parties shall be carried out on the 0.00 Hrs on the

Effective Date.

7.4.3 A joint meter reading by both the parties shall be carried out on the last day of every

calendar month at 1800 Hrs w.e.f the Effective Date. Adjustments, if any, shall be carried

out for monthly payments as mentioned in Article 8 based on the aforementioned meter

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reading.

7.4.4 JVVNL shall raise invoices as mentioned in Article 8 based on input units measured by

Distribution Franchisee as specified in previous Article.

7.4.5 The Metering and Measurement System stated in this Article shall also be applicable to

payments on account of Wheeled Electricity.

7.4.6 Until 0.2s Class meters are installed as main meters, the reading of check meter shall be

used for billing provided the check meters are of 0.2s accuracy class.

8 BILLING AND PAYMENT

8.1 Billing

The billing mentioned in this Article shall be done as follows:

8.1.1 Monthly Invoice (MI)

The First Invoice raised by JVVNL on the Distribution Franchisee shall correspond to the

energy input between first day and thirtieth day from the Effective Date plus for the no.

of days remaining in the calendar month after thirtieth day from the effective date. All

subsequent invoices shall be raised by JVVNL for period starting 1st day of the calendar

month and last day of calendar month. Invoice shall be computed as below:

MI = (RIEM + WCM + TOSEM + SDNM + P + RCM) - (CARPDARM +

CARCLRM)

RIEM = Revenue for Input Energy as per Joint Measurement

RIEM = EIM * AIRN *TIRN

Where,

EIM = Energy Input in the Franchisee Area during the month, which shall be the

energy purchased from JVVNL.

AIRN = Annualized Input Rate applicable for the year as per Annexure-4.

TIRN= ABRN / ABRBase Year

Tariff Indexing Ratio applicable to the billing period, calculated as ratio of prevailing

average billing rate for that calendar month as applicable to all Consumers in the

Franchise Area (ABRN) and Average Billing Rate (ABRBase Year ) as applicable to all

Consumers in the Franchise Area in Base Year.

ABR shall be computed as sum product of total billed units and approved tariff in each

Consumer category divided by total billed units in all Consumer categories. The Tariff

Indexation shall be computed for every month and the same shall be used for

computation of the revenue for Input Energy for units supplied to the Distribution

Franchisee in the respective calendar month. Approved Tariff for this purpose shall mean

the tariff and the applicable Fuel Surcharge Adjustment (FSA) approved by RERC. ABR

for each month shall be computed by Distribution Franchisee based on the bills

generated for each consumer category for the month by 5 th working day of the next

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month. This ABR shall be treated as provisional and JVVNL shall raise the invoice based

on this.

An independent auditor appointed jointly by JVVNL and Distribution Franchisee shall

carry out Quarterly audits of Provisional ABRs of each month of the quarter and intimate

the audited ABRs to Distribution Franchisee within 15 days of next quarter.

The Tariff Indexation Ratio shall be based on the change in Average Billing Rate on

account of change in tariff or consumer mix or change in subsidy as applicable to all

JVVNL consumers in the Distribution Franchisee Area.

For the purpose of computation of Tariff Indexation , ABR net of subsidy and inclusive of

subsidy as applicable to all JVVNL Consumers in Distribution Franchisee area for the Base

Year i.e. FY 2014-15 and shall be applicable based on the audited ABR of Rs 5.91 per

unit (Net of subsidy) and audited ABR of Rs 5.93 per unit (inclusive of subsidy) as

provided by JVVNL.

JVVNL will share the report of the audited ABR with details of its component.

WCM = Wheeling Charges applicable to energy procured over and above the quantity

purchased from JVVNL for the Month computed as per RERC regulations.

RCM = Reliability Charges applicable to energy procured over and above the quantity

purchased by JVVNL and supplied to DF as approved by RERC.

TOSEM is the Tax on Sale of Electricity collected during the billing period

SDNM is the Security Deposit for new connections issued during the period and for which

information has been received as per Article- 14.1.

P is the penalty leviable on the Distribution Franchisee for delay on account of previous

payments and shall be computed @18% per annum quarterly compounded on the

outstanding amount.

CARPDRM is the Credit available to the Distribution Franchisee for incentive on account of

arrears from the HT/ LT permanently disconnected Consumers collected and remitted to

JVVNL during this billing cycle and shall be computed as below:

CARPDRM = 0.2*ARPDRM

Where ARPDRM is the amount of arrears on account of permanently disconnected

Consumers prior to the Effective Date collected and remitted by the Distribution

Franchisee to JVVNL during this billing cycle.

CARCLRM is the Credit Available to the Distribution Franchisee for incentive on account of

arrears from the HT/ LT current live Consumers collected and remitted during this billing

cycle and shall be computed as below:

CARCLRM = 0.1*ARCLRM

Where ARCLRM is the amount of arrears on account of HT/ LT current live Consumers,

accrued one month prior to the Effective Date collected and remitted by the Distribution

Franchisee to JVVNL during this billing cycle.

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8.2 Payment

Distribution Franchisee shall make the payment to JVVNL in the following manner:

8.2.1 Distribution Franchisee shall maintain a record of total amount collected from Consumers

against HT/ LT energy billed security deposit, and taxes & duties levied as applicable and

intimate the same to JVVNL as per Article 14.1.1.

8.2.2 JVVNL shall raise monthly invoices as mentioned in clause 8.1.1 and Distribution

Franchisee shall make the payments within a week of receipt of such invoice.

8.2.3 If any of the due dates is a public holiday, the payment shall be remitted on the next

working day of JVVNL.

8.2.4 The Distribution Franchisee may be required to provide credit to some HT/ LT Consumers

under relevant Directives/ Orders/ Policies of RERC e.g. Employees, Weavers, BPL, etc.

The amount (in Rupees) of the credit given by the Distribution Franchisee to such

Consumers shall be adjusted from the payment due towards revenue for input energy.

8.2.5 In the event that any HT/ LT Consumer in the Franchisee Area avails Open Access under

the relevant Regulations issued by RERC, the Distribution Franchisee shall retain the

cross-subsidy surcharge paid, and adjustment for Distribution Losses of such Consumer.

The wheeling charges for using the Distribution System shall be apportioned between

JVVNL and the Distribution Franchisee on the basis of ratio of value of assets of JVVNL

and Distribution Franchisee. However additional surcharges, if any, shall be remitted to

JVVNL along with the regular payments.

8.2.6 Distribution Franchisee shall collect and remit to JVVNL, the arrears from current live

Consumers accrued in last one month prior to Effective Date within three months of

Effective Date in accordance with Article-9.4.

8.2.7 Upon recovery of the arrears, Distribution Franchisee shall, provide the details of

collection as a part of Monthly MIS and make such payment to JVVNL along with

payment of monthly invoices..

8.2.8 JVVNL shall give credit to Distribution Franchisee towards the incentive on collection of

arrears after receipt of such amount and documentary details from Distribution

Franchisee. This credit shall be provided in the subsequent invoice raised as per Article

8.1.

8.2.9 The Distribution Franchisee shall also timely remit to JVVNL any other charges arising

from the execution of the contract such as charges towards use of JVVNL billing facilities,

testing facilities, etc. and the adjustments on account of reconciliation as per Article-10

and 11.

8.2.10 The payment to be made by Distribution Franchisee against invoice as mentioned in

Article 8.1 shall not take into account any subsidy which shall be governed by Article 10.

8.2.11 JVVNL shall give credit to the Distribution Franchisee for the outstanding credit balance

of Consumers as determined in the joint audit process, upon the Distribution Franchisee

providing such credit to Consumers. The credit shall be provided in the subsequent

invoice raised by JVVNL and shall be subject to appropriate documentation.

8.2.12 Any delay in payment to JVVNL after due date shall attract a penal interest of 18% per

annum quarterly compounded. Any early payment before the due date by the franchisee

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shall also carry a rebate @ 1.5% on the amount payable to JVVNL by the Distribution

Franchisee.

8.2.13 In case of a shortfall or default in payment by Distribution Franchisee against the

payment obligation as per earlier Article, JVVNL may recover such amount by invocation

of Letter of Credit given by the Distribution Franchisee.

8.2.14 The money collected by the Distribution Franchisee shall be adjusted against the current

billing of Distribution Franchisee. Distribution Franchisee arrears (which refer to arrears

that arose during the term of the Franchise Agreement) and JVVNL arrears (which refers

to arrears that arose prior to the Effective date) in that order will also be collected by

Distribution Franchisee. However, the Distribution Franchisee shall not be permitted to

keep any advance amount without adjusting against all pending JVVNL arrears, if any. It

is hereby clarified that if the amount paid by the consumer against a bill is more than his

current bill amount and the arrears of the Distribution Franchisee, then the balance

amount, after adjusting the current dues and DF arrears, shall be adjusted against the

arrears of JVVNL.

8.2.15 Distribution Franchisee shall be responsible for payment of all taxes, duties (other than

Electricity Duty), and statutory /local levies arising out of this sale & purchase of

electricity of input energy applicable at the time of bidding. Any change in the prevailing

taxes /duties/statutory levies and any new taxes/duties/statutory levies arising out of this

sale & purchase of electricity, becoming applicable after bidding, which cannot be passed

on to consumers by the DF will be borne by JVVNL.

8.2.16 JVVNL shall give credit to Distribution Franchisee towards the incentive on collection of

arrears after receipt of such amount and documentary details from Distribution

Franchisee., Outstanding credit balance of Consumers as determined in the joint audit

process, Interest on Consumer Deposits; Adjustment for Average Billing Rate (ABR) for

the month, in the immediate subsequent invoice. In case the Distribution Licensee does

not provide adjustment of these credits, the Distribution Franchisee is permitted to

deduct such amounts from the Input Energy Bill payable for the subsequent month.

9 ARREARS

9.1 Arrears have been classified in two categories:

(a) Arrears from connected live Consumers and

(b) Arrears from Permanently Disconnected (PD) Consumers

9.2 The connected live Consumers are those, which are currently legally connected to the

distribution network of the Franchisee Area whereas permanently disconnected

Consumers are no longer connected with the distribution network.

9.3 Distribution Franchisee shall maintain separate accounts for collection from arrears and

collection on account of demand to Consumers for electricity supplied from the Effective

Date. JVVNL shall transfer the right to collect the arrears to Distribution Franchisee on

the Effective Date and the Distribution Franchisee and JVVNL shall unfailingly follow the

procedure attached at Annexure- 5 for collection of arrears.

9.4 Distribution Franchisee shall be liable to collect the arrears from current live consumers

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accrued in last one month prior to Effective Date on account of charges for usage of

electricity. These arrears shall be collected and remitted to JVVNL by DF. The DF shall

collect and remit amount at least equivalent to the prevailing collection efficiency taking

into account the collection efficiency in the corresponding month of last year including

the amount already recovered.

9.5 Distribution Franchisee shall make best endeavour to collect arrears other than those

specified in 9.4 from current live Consumers on account of charges for usage of

electricity. JVVNL shall offer an incentive to Distribution Franchisee on the amount of

arrear collected (i.e. arrear as determined under clause 2.2.1.2 plus delayed payment

surcharge (DPS) thereon accrued after Effective Date as per Regulation norms till the

time of realization) from Connected Consumer @ 10% of total amount net of taxes and

duties recovered from Consumers. However, the collection from current live Consumers

may first be appropriated towards current bill and then towards the arrears. JVVNL shall

not share any expenses, costs incurred by the Distribution Franchisee for such recovery.

9.6 Arrears on account of connected live Consumers, which are currently under any dispute

or in the process of litigation on Effective Date, shall not to be transferred to Distribution

Franchisee for recovery. The responsibility to recover such arrear shall rest with JVVNL.

9.7 Distribution Franchisee shall make best endeavour to collect the arrears accrued prior to

Effective Date from PD Consumers. JVVNL shall offer an incentive to Distribution

Franchisee towards collection of such arrears @ 20% of total amount net of taxes and

duties recovered from Consumers. JVVNL shall not share any expenses, costs incurred by

the Distribution Franchisee for such recovery. However, for recovery of arrears from

permanently disconnected consumers under the provisions of Land Revenue Act, JVVNL

shall nominate a Nodal Officer not below the rank of Executive Engineer for facilitating

the recovery from such permanently disconnected consumers occurring before or after

the Effective Date.

9.8 Arrears realized from the forfeiture or adjustment against security deposit from

Consumers shall not be eligible for the incentives stated in this Article.

9.9 Upon recovery of the arrears, Distribution Franchisee shall, provide the detail of

collection as a part of monthly MIS and make such payment to JVVNL along with

payment of monthly invoices.

9.10 Upon expiry / termination, Distribution Franchisee shall not transfer to JVVNL any arrears

accrued during the term except the arrears accrued in last one month prior to the expiry

/ termination date of this agreement benchmarked to the prevailing level of Collection

Efficiency. These arrears shall be jointly determined and agreed by JVVNL and the

Distribution Franchisee. These arrears shall be collected and remitted by JVVNL to the

Distribution Franchisee within three months of Expiry / Termination Date.

9.11 Arrears accrued during the term of Agreement prior to one month of Expiry/ Termination

shall also be passed on to the Distribution Franchisee as and when collected by JVVNL.

However, JVVNL shall not be under any obligation to collect such arrears. The

Distribution Franchisee shall also give @ 10% of arrears recovered net of taxes and

duties for the period three months prior to the Expiry Date from current live Consumers

and @ 20% of arrears recovered net of taxes and duties from permanently disconnected

Consumers.

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9.12 The Distribution Franchisee shall not grant new connections to permanently disconnected

Consumers exists at the time of effective date, without the consent of JVVNL unless

arrears have been fully recovered from them and remitted to JVVNL. Distribution

Franchisee shall provide periodic information on status of permanently disconnected

Consumers. Further, there shall be a joint inspection of permanently disconnected

Consumers at quarterly intervals with a methodology which shall be jointly decided. If at

any stage, such a connection comes to the notice of JVVNL, the Distribution Franchisee

shall immediately disconnect the Consumer. JVVNL and Distribution Franchisee shall

jointly defend the legal cases arising out of such an action by the Distribution Franchisee.

JVVNL shall bear the associated costs if the reasons of the litigation are attributable to it.

9.13 Notwithstanding anything contained herein, the legal rights of JVVNL to recover the

outstanding arrears from the Franchisee Area shall also survive the Term of this

Agreement.

9.14 Notwithstanding anything contained herein, the legal rights of Distribution Franchisee to

recover the outstanding arrears accrued during the term of the Agreement from the

Franchisee Area shall also survive the Term of this Agreement.

9.15 The Distribution Licensee shall assist the Distribution Franchisee for collection of

Consumer Bills due from Government Instrumentalities. In case of delay of payment by

them beyond three Months, the Distribution Licensee shall directly collect such

outstanding dues and the Distribution Franchisee shall be free to appropriate such

amount from the Input Energy Dues for the respective month.

10 PROVISION FOR SUBSIDY

In addition to the provisions stated in Article 8, the Subsidy shall be governed by the

following:

10.1 The Government of Rajasthan presently offers subsidy on electricity tariff in certain

Consumer categories, as approved by RERC, which is paid to JVVNL on account of

electricity supplied to those Consumers in Franchisee Area. Any subsidy offered by

Government of Rajasthan or Government of India or any other agency which has an

impact on reducing the tariff shall continue to be paid to JVVNL as the Franchisee has

quoted the input energy rates net of subsidy.

10.2 However, if due to any new tariff after the effective date declared by the State

Government/GoI and approved by RERC, the DF is required to abide by the same, the

subsidy on account of the same shall be retained with JVVNL. Any loss of revenue on this

account to the franchisee shall be taken care of through tariff sharing ratio mechanism.

10.3 Any subsidy including any compensation for free supply of electricity offered by

Government of Rajasthan or any other Government Instrumentality prior to Effective

Date shall be continued, by Distribution Franchisee. Any special scheme /rebate

/incentive for Arrears payment offered prior to Effective Date shall also be continued by

Distribution Franchisee.

10.4 Any subsidy or grant offered by Government of Rajasthan or Government of India to

consumers in the Distribution Franchisee Area related to meter charges shall be passed

on to DF at the effective date.

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11 TREATMENT OF TAXES, DUTIES & LEVIES

The applicable taxes, duties and levies shall be governed as below:

11.1 Both parties agree that the input rates are exclusive of the Electricity Duty (ED), Tax on

Sale of Electricity (ToSE), Municipal Taxes (MT) and any other taxes/levies/duties that

have been levied by the State Government but JVVNL has been directed to collect on

behalf of the Government.

11.2 The liability for making payment of the duties, taxes and levies to the State Government

of Rajasthan shall rest on JVVNL. The franchisee shall deposit the amount collected from

the consumers on realized basis to JVVNL. The Distribution Franchisee shall establish

separate accounting for Electricity Duty liability as per provisions of applicable Electricity

Duty Act as also for Taxes and other levies. Since, the billing amount and amount

realized includes Electricity Duty, a scanned copy each of the notifications regarding

rates of electricity duty, taxes and levies is attached as Annexure - 7.

11.3 Notwithstanding the above, Distribution Franchisee shall allow the Government Auditors

to verify the particulars or details provided for payment of Electricity Duty, Taxes and

levies. The amount determined by the Government Auditor shall be final and binding.

11.4 Any new ruling from the State or Central Government on Taxation or introduction of new

tax on this Distribution Franchisee arrangement shall be borne by the franchisee (in case

of Direct Tax) or JVVNL (in case of Indirect Tax) as the case may be.

12 PAYMENT SECURITY DEPOSIT AND PERFORMANCE GUARANTEE

Payment Security Deposit

12.1 As provisioned in the Article-2.1.1 of this Agreement, the Distribution Franchisee shall

submit and maintain valid for the term of this Agreement, a security deposit to the

satisfaction of JVVNL in the form of an irrevocable and unconditional Letter of Credit

from any nationalized bank or Scheduled Bank for an amount equivalent to two months’

estimated amount payable to JVVNL by Distribution Franchisee based on two months

average energy input at Input Points in the Franchisee Area during Financial Year 2014-

15 and Rates(Including the two months equivalent estimated amount of Electricity Duty

and other charges) quoted by the Distribution Franchisee for first year of Franchisee

term. The Letter of Credit shall be provided from the bank which is appointed as Default

Escrow Agent under the Default Escrow Agreement. The Security Deposit shall be

governed in the manner described in this Article.

12.2 The Letter of Credit shall be in the format prescribed by JVVNL initially valid for a period

of one year from the Effective Date.

12.3 The Distribution Franchisee shall renew the Letter of Credit 15 (fifteen) days before its

expiry date and furnish the same to JVVNL, failing which JVVNL shall have the right to

invoke the Letter of Credit.

12.4 Within one week of beginning of each quarter, the amount of the Letter of Credit shall be

upgraded, based on average energy input in previous quarter and applicable Input

Energy Rates for the year as per Annexure-4.The said input rates shall be subjected to

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Tariff Adjustment for the last quarter as indicated in Article 8.1.1 However, under no

circumstances shall the amount of Letter of credit be revised downwards.

12.5 JVVNL may recover the outstanding payment after payment due date by invoking the

Letter of Credit.

12.6 Distribution Franchisee shall, within two weeks of invocation of the Letter of Credit by

JVVNL, restore the same to the level prior to invocation.

12.7 JVVNL may review the amount of the Letter of Credit after one year of the contract

depending on the payment record of the Distribution Franchisee.

Collateral Arrangement

12.8 As an additional measure to ensure compliance of [Name of the Franchisee] obligations

under this Agreement, [Name of the Franchisee] and the JVVNL, on or prior to the

Effective Date, shall execute a separate Default Escrow Agreement (referred as “Default

Escrow Agreement”) for the establishment and operation of the Default Escrow Account

in favour of JVVNL, through which the revenues of [Name of the Franchisee] shall be

routed and used as per the terms of the Default Escrow Agreement. [Name of the

Franchisee] and JVVNL shall also enter into a separate Agreement to Hypothecate Cum

Deed of Hypothecation, whereby [Name of the Franchisee] shall agree to hypothecate, to

JVVNL, the amounts to the extent as required for the Letter of Credit as per Article 12.1

and Article 12.4 routed through the Default Escrow Account and the Receivables in

accordance with the terms of the Agreement to Hypothecate Cum Deed of

Hypothecation. The Default Escrow Agreement and the Agreement to Hypothecate Cum

Deed of Hypothecation are collectively referred to as the “Collateral Arrangement”. The

minimum revenue flow in any Month in the Default Escrow Account shall be at least

equal to the amount required for the Letter of Credit as per Article 12.1 and 12.4.

Provided further that the Franchisee shall ensure that JVVNL has first ranking charge on

the revenues routed through the Default Escrow Account. However, such first ranking

charge shall be on the amounts, in excess of amounts, which have already been charged

or agreed to be charged prior to the date of the execution of the Default Escrow

Agreement.

Performance Guarantee

12.9 As provisioned in the Article-2.1.2 of this Agreement, the Distribution Franchisee shall

submit and maintain valid for the term of this Agreement, a performance guarantee to

the satisfaction of JVVNL in the form of an irrevocable and unconditional Performance

Guarantee from any nationalized bank or Scheduled Bank for an amount of Rs 27.35

Crore. The Performance Guarantee shall be governed in the manner described in this

Article.

12.10 The Performance Guarantee shall be in the format prescribed by JVVNL initially valid for

a period of one year from the Effective Date.

12.11 The Distribution Franchisee shall renew the Performance Guarantee 15 (fifteen) days

before its expiry date and furnish the same to JVVNL, failing which JVVNL shall have the

right to invoke the Performance Guarantee.

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12.12 While the Performance Guarantee shall be valid for the term of the agreement, one half

of the same shall remain locked with JVVNL throughout the term of the agreement

whereas the other half of the Performance Guarantee shall be released in proportion to

the minimum mandatory investment done by the Distribution Franchisee over the first 5

years.

12.13 JVVNL has the right to invoke the unreleased portion of the Performance Guarantee in

case of non-compliance to Standards of Performance.

12.14 In case of non-adherence of the supply code/standards of performance, any penalty

levied by the RERC on the JVVNL shall be recoverable from the franchisee against the

Performance Guarantee on a back to back basis for which the franchisee shall have the

authority to represent its case before the RERC or any other judicial or quasi judicial

body.

12.15 Distribution Franchisee shall, within two weeks of invocation of the Performance

Guarantee by JVVNL, restore the same to the level prior to invocation.

13 DEPUTATION OF JVVNL EMPLOYEES

The existing employees in JVVNL will be given an option to join the Distribution

Franchisee on deputation.

13.1 On the request of Distribution Franchisee, JVVNL’s employees shall provide handholding

support to the franchisee for the first 3 months for which the franchisee shall bear the

cost of salary & allowances payable to JVVNL’s employees involved therein.

13.2 JVVNL will make a category wise list list of employees who wish to be on deputation.

The category of employees shall be broadly classified as below:

Category – 1 Technical Lineman, technical helpers, etc

Category – 2 Ministerial AAO, LDC, UDC, Typist, Peon/4th Class and other non-

technical employees etc.

Category – 3 Officers J.En./A.En./X.En./S.E./A.C.E./C.E. and A.O./Sr.

A.O./C.A.O./F.A. etc.

13.3 Thereafter, the Distribution Franchisee shall choose at least one third (1/3 rd) from each

such category of willing employees subject to the maximum of 241 numbers of

employees. The employees willing to go on deputation may be from the area demarcated

for franchisee operation or any other location of JVVNL. If the number of willing

employees wish to go for deputation is more than one third (1/3 rd) from each category,

Distribution Franchisee will have a right to accept/ reject without assigning any reason

thereof after choosing one third (1/3 rd) of employees from each category. However If

the number of willing employees wish to go for deputation is less than one third (1/3 rd)

from each category, Distribution Franchisee shall be bound to take all such employees

from each category willing to go for deputation.

13.4 JVVNL shall permit deputation of its employees working in the Franchisee Area as on the

Effective Date to the Distribution Franchisee subject to the DF completing the entire

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selection process within 3 months of Effective Date and offer terms and conditions which

are not inferior to the terms and conditions of the deputation on over all basis. The terms

and conditions shall be made available to the concerned willing employees upfront. The

DF shall have to follow JVVNL rules regarding contribution to PF, Pension, Gratuity, etc.

13.5 The cost of employees on deputation would be borne by Distribution Franchisee. The

Distribution Franchisee will at least compensate JVVNL employee on deputation with the

Franchisee towards all the benefits available to him/ her as per his/her employment

terms of JVVNL such as monthly salary, statutory contributions like provident fund and

pension funds etc. Distribution Franchisee will also be responsible for any liability arising

on account of fringe benefit tax and any other tax applicable on benefits of JVVNL

employee on deputation with the Franchisee.

13.6 At the end of the period of deputation which shall be initially for 4 years or the

Franchisee Agreement whichever is earlier, the employees on deputation will return to

JVVNL. Such employees will not lose their seniority in JVVNL due to deputation with the

Distribution Franchisee.

13.7 The Distribution Franchisee shall have the right to employ any number of personnel on

any terms and conditions (Distribution Franchisee’s Employees) to discharge the day-to-

day functions relating to distribution of power in Franchisee Area.

13.8 However, Distribution Franchisee’s employees shall not become either permanent or

contract employees of JVVNL at any point in time during and after expiry of this

agreement. The Distribution Franchisee shall expressly clarify at the time of the

appointment of an employee that he/she shall not have a right to claim employment with

JVVNL during the subsistence or even after the expiry of this Agreement. Only the

persons expressly agreeing to these conditions shall be employed by the Distribution

Franchisee. JVVNL will not be responsible or liable for the claims raised by the employees

of the Distribution Franchisee and the Distribution Franchisee shall indemnify JVVNL in

respect thereof.

14 REPORTING AND AUDIT

14.1 Reporting

The Distribution Franchisee shall furnish to JVVNL the following information as per

schedule stated therein:

14.1.1 Distribution Franchisee shall be required to submit data regarding billing, collection,

electricity duty and Security Deposit collected on account of new connections.

Distribution Franchisee shall provide consumer-wise information in the format specified

by JVVNL detailing the billing, collection and all related information on a monthly basis

every month by a mutually agreed date. Such information shall be kept confidential by

JVVNL and shall be used only under conditions of default by Distribution Franchisee

under the Distribution Franchisee Agreement.

14.1.2 For the initial stabilization period, Such data shall be submitted as per schedule below:

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Days from Effective Date Information to be submitted on Day

1-27 30

28-42 45

43-57 60

58-60 63

14.1.3 After the initial stabilization period, the above information shall be submitted as per the

respective billing cycle and shall be submitted to JVVNL not later than ten days after the

end of the billing cycle as per Article-8.1.

14.1.4 Distribution Franchisee shall be required to update the asset register and submit the

same to JVVNL on a quarterly basis..

14.1.5 Distribution Franchisee shall generate periodic Management Information System (MIS)

and Monitoring Reports as required by JVVNL and RERC in the formats to be prescribed

by JVVNL/ RERC from time to time after execution of the Distribution Franchisee

Agreement and communicate them to JVVNL through email.

14.1.6 Distribution Franchisee shall submit detailed inventory status reports on an annual basis

for all inventories within the Franchisee Area.

14.1.7 All correspondence, records, reports, presentations and other forms of information

developed by the Distribution Franchisee whether electronic or physical, and required by

the Licensee to continue operations, shall become the property of JVVNL upon

Expiry/termination subject to applicable permissions. JVVNL reserves, without limitation,

the right to use procedures, forms and productivity enhancement methods developed

under this Agreement elsewhere subject to applicable permissions. Notwithstanding the

above, the Distribution Franchisee shall have the right to retain copies of information,

reports, correspondence, presentations mentioned above.

14.1.8 Distribution Franchisee shall notify JVVNL of any Major Incident affecting any part of the

Distribution System that has occurred, not later than fifteen (15) days or such period as

may be extended by JVVNL from the date of such Major Incident. Distribution Franchisee

shall also submit a report to JVVNL giving full details of the facts within the knowledge of

the Distribution Franchisee regarding the incident and its cause.

14.1.9 Distribution Franchisee shall provide to JVVNL within reasonable time such further

particulars and information as may be required by JVVNL relating to the implementation

of this Agreement for providing the same to the Government of Rajasthan or any other

statutory authorities entitled to the same under the provisions of the law.

14.2 Audit

14.2.1 Distribution Franchisee will allow for yearly audit of assets, inventories, billing data

including the system, database and consumer service centres operated within the scope

of the Franchisee Area by Independent Auditor appointed jointly by JVVNL and DF. The

scope of the audit shall also include the following:

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a) Auditing the average billing rate for the various consumer categories for the current

period as well as overall average billing rate for the current period. (On quarterly

basis)

b) Auditing the energy input and category-wise and sub-category wise amount

collected for each year of the contract along with distribution and collection losses

and thereby AT&C Losses. (On Annual basis)

c) Auditing the revenue collected, ED and taxes collected from each category of the

consumers. (On quarterly basis)

d) Auditing the tariff sharing computations carried out by the Discom to arrive at the

revenue for input energy for the invoices raised on the Franchisee. (On quarterly

basis)

e) Reviewing the asset register at the end of the quarter preceding the previous

quarter and audit the quantity and value of the assets added/discarded or declared

redundant during the previous quarter based on the accounts/information/data

provided by the Franchisee including review of the procedure followed and reasons

given for procurement/discarding the assets. (On quarterly basis)

f) The auditor will audit the consumer category-wise opening level of arrears

belonging to Discom for live and permanently disconnected consumers as on the

date of take over for freezing the same and thereafter audit the consumer category-

wise arrears at the end of each quarter. (At the time of take over and thereafter on

quarterly basis)

g) The auditor shall review the inventories handed over to the Franchisee at the time

of take over along with the book value thereof and thereafter review the opening

and closing level of inventories and it book value at the end of each year for the

term of the agreement based on the information provided by the Franchisee. (At the

time of take over and thereafter on quarterly basis)

14.2.2 JVVNL may, at any time during the subsistence of this agreement, authorize any

person(s) to inspect, verify and audit the required data and records for the purpose of

verifying information received from the franchisee under this provisions of this

Agreement, and the Distribution Franchisee shall be obliged to extend all cooperation,

assistance and facilities, as may be required, to such authorized person(s).

14.2.3 The audit of electricity duty, taxes and levies and claims for subsidy shall be carried out

as mentioned in Article 10 and Article 11.

14.2.4 JVVNL reserves the right to conduct the physical verification of the Distribution Assets

belonging to JVVNL at any time during the term of this Agreement.

14.2.5 The Distribution Franchisee shall comply with all reporting formats and data

requirements prescribed by the Auditors.

15 INDEMNIFICATION

15.1 Indemnification by Distribution Franchisee to JVVNL and its consultants:

The Distribution Franchisee during the term of this Agreement shall indemnify, defend

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and hold JVVNL, its officials, and consultants harmless against:

15.1.1 Any acts of omissions/commission of Distribution Franchisee with regard to the electricity

services provided by JVVNL. In such event Distribution Franchisee shall have no claim for

compensation, incentive or any other claim against JVVNL except in the case where such

loss is attributable to JVVNL.

15.1.2 Claims against JVVNL made by any third party for any act of commission or omission by

Distribution Franchisee, Distribution Franchisee shall indemnify and hold JVVNL harmless

and compensate all the losses so caused to JVVNL. JVVNL shall also be entitled to defend

any action with third parties at the cost and expenses of Franchisee.

15.1.3 All monetary obligations or losses or implications arising out of such action of Distribution

Franchisee in the nature of costs, expenses or damages. JVVNL/ shall have no liability in

respect of loss of profit, loss of income, loss of agreement or any other losses or

damages suffered or arising out of or in connection with existence of any defects

whether latent or apparent in electricity network and the obligation of Distribution

Franchisee to provide support services shall remain unaffected thereby.

15.1.4 Claims on all the employees of JVVNL on deputation against any loss/implication arising

out of the actions of Distribution Franchisee.

15.1.5 Non-payment of all taxes, duties, and statutory /local levies arising as a result of this

commercial transaction as required under Article 8.2.15

15.1.6 Non-compliance of the Laws, Regulations, Orders and Directives of RERC by the

Distribution Franchisee.

15.1.7 Any penalty imposed on account of non-compliance as stated hereinabove.

15.1.8 This Indemnification shall survive the term of this Agreement.

15.2 Indemnification by JVVNL to Distribution Franchisee:

JVVNL shall indemnify, defend and hold the Distribution Franchisee harmless against:

15.2.1 Acts of commission or omission in the Franchisee Area by JVVNL prior to the Effective

Date of this Agreement.

15.2.2 Third party claims on account of JVVNL Distribution Assets as on Effective Date, for a

period of six months from the Effective Date provided the Distribution Franchisee has

taken all reasonable care of the Distribution Assets. The aggregate amount of the

liabilities to be compensated by JVVNL during the said period of six months in respect of

all such claims shall be limited to Rs. 50 Lakhs. However such indemnity shall be limited

only to legally established claims.

15.3 Procedure for claiming indemnity

15.3.1 Third party claims

(a) Where either party is entitled to indemnification from the other party pursuant to

Article 15.1 or Article 15.2, it shall promptly notify the other party of such claim,

proceeding, action or suit referred to in Article 15.1 or Article 15.2 in respect of

which it is entitled to be indemnified. Such notice shall be given as soon as

reasonably practicable after the Indemnified party becomes aware of such claim,

proceeding, action or suit. The indemnifying party shall be liable to settle the

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indemnification claim within thirty [30] days] of receipt of the above notice.

Provided however that, if:

(i) the Parties choose to contest, defend or litigate such claim, action, suit or

proceedings in accordance with Article 15.3.1(b) below; and

(ii) the claim amount is not required to be paid/deposited to such third party

pending the resolution of the dispute,

The indemnifying party shall become liable to pay the claim amount to

indemnified party or to the third party, as the case may be, promptly following

the resolution of the dispute, if such dispute is not settled in favour of the

indemnifying party.

(b) The Indemnified Party may in consultation with the Indemnifying Party, contest,

defend and litigate a claim, action, suit or proceeding for which it is entitled to be

indemnified under Article 15.1 or Article 15.2 and the indemnifying Party shall

reimburse to the indemnified Party all reasonable costs and expenses incurred in

this respect. However, the indemnified Party shall not settle or compromise such

claim, action, suit or proceedings without first getting the consent of the

indemnifying Party, which consent shall not be unreasonably withheld or delayed.

The indemnifying Party may, at its own expense, assume control of the defense

of any proceedings brought against the indemnified Party, if it acknowledges its

obligation to indemnify, gives prompt notice of its intention to assume control of

the defence, and employs an independent legal counsel at its own cost.

15.4 Indemnifiable Losses

Where either party is entitled to Indemnifiable Losses from the indemnifying party

pursuant to Article 15.1 or Article 15.2, it shall promptly notify the indemnifying party of

the Indemnifiable Losses. The indemnifying party shall pay the Indemnifiable Losses

within [30] thirty days of receipt of the notice seeking Indemnifiable Losses by

indemnified party. It is expressly agreed herein that the Indemnifiable Losses of either

party shall be restricted to costs and expenses for all claims except for the Indemnifiable

Losses for third party claims, wherein consequential damages shall also be included, if

applicable.

16 INSURANCE

16.1 The Distribution Franchisee at its own discretion shall insure the Distribution Franchisee

Assets during the Term of Agreement in its own name.

16.2 The Distribution Franchisee shall also obtain and keep in effect all insurances required

under the Laws of India.

17 EVENTS OF DEFAULT AND TERMINATION

17.1 Distribution Franchisee Event of Default

The occurrence and continuation of any of the following events, unless any such event

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occurs as a result of a Force Majeure event or a breach by JVVNL its substantial

obligations under this Agreement, shall constitute a Distribution Franchisee event of

default:

17.1.1 Critical Event of Default

17.1.1.1 Critical Event of Default by the Distribution Franchisee shall mean failure or refusal by

Distribution Franchisee to perform its following obligations under the Agreement:

a) Failure on account of Distribution Franchisee to make payments as per Article- 8 of

this Agreement;

b) Failure to maintain a security deposit and performance guarantee as per the Article

12 of this Agreement.

17.1.1.2 The other Critical Events of Default are:

a) The Distribution Franchisee has engaged in a corrupt practice or/and fraudulent

practice in competing for executing the contract.

b) A resolution for winding up has been passed by the majority shareholders of the

Distribution Franchisee.

c) The Distribution Franchisee is declared insolvent or bankrupt.

d) The Distribution Franchisee has unlawfully repudiated this Agreement or has

otherwise expressed an intention not to be bound by this agreement.

e) Any representation or warranty made by the Distribution Franchisee during the

term of the agreement is found to be false and misleading.

f) The Distribution Franchisee is indulging in any malpractice or corrupt practice or

fraudulent practice(s).

g) Sale of Input energy in the Franchisee Area to any party outside the Franchisee

Area.

h) Failure to comply with non-critical events of default within the specified period.

17.1.2 Non-critical Event of Default

Non-critical Event of Default by the Distribution Franchisee shall mean failure or refusal

by Distribution Franchisee to perform its following obligations under the Agreement:

17.1.2.1 Failure to submit periodic performance report (Billing and Collection report, updation of

Assets Register on quarterly basis, Energy audit report) to JVVNL after a period of one

year from Effective Date.

17.1.2.2 Reporting inconsistencies in energy/ revenue accounting, if observed during periodic/

unscheduled inspection.

17.1.2.3 Failure to comply with any other material terms and conditions, as applicable under this

Agreement for a consecutive period of thirty (30) days.

17.1.2.4 Persistent non-compliance of Standards of Performance laid down by RERC after the

first Contract Year. The non compliance of Standards of Performance arising out of non

–availability of adequate power from JVVNL or due to the reasons not attributable to

the Distribution Franchisee shall not be considered as Event of Default of the

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Distribution Franchisee. Persistent would mean noncompliance of any of terms of

Standards of Performance in all similar cases for a continuous period of three months.

17.1.2.5 Persistent non-compliance of RERC “Electricity Supply Code and Other Conditions of

Supply” as approved and modified from time to time after the first Contract Year. The

non compliance due to the reasons not attributable to the Distribution Franchisee shall

not be considered as Event of Default of the Distribution Franchisee. Persistent would

mean repeated non-compliance of any of terms of RERC “Electricity Supply Code and

Other Conditions of Supply for a continuous period of three months.

17.1.2.6 Failure to deposit statutory payments of JVVNL Deputations employees within the

stipulated period.

17.1.2.7 Failure on account of Distribution Franchisee to comply with all the relevant labour laws

applicable to JVVNL employees on deputation to the Franchisee Area.

17.1.2.8 Failure to submit in time the Information Report as per Article 14.1.1, 14.1.2 and 14.1.3;

17.1.2.9 Failure to maintain minimum service quality as per the standard of performance issued

by RERC.

If any of the above is in default for a period of more than 60 days, it shall become a

Critical Event of Default and shall be deemed to be included in Article 17.1.1.1.

17.2 JVVNL Event of Default

The occurrence and continuation of any of the following events, unless any such event

occurs as a result of a Force Majeure Event or a breach by Distribution Franchisee of its

substantial obligations under this Agreement, shall constitute a JVVNL Event of Default.

a) Critical Event of Default

JVVNL does not ensure the supply of power to Distribution Franchisee of acceptable

quality standards as per Article 5.4 above 90% of entitled pro-rata quantity as per article

5.4.1 for a period of six days in a calendar month.

b) Non-Critical Event of Default

Breach of Any other material terms and conditions, as applicable under this Agreement

for a consecutive period of thirty (30) days. If the default continues for a period of more

than 60 days, it shall become a Critical Event of Default.

17.3 Termination Procedure for Event of Default by Distribution Franchisee

17.3.1 On the occurrence of any Event of Default, or its coming to notice of JVVNL, JVVNL shall

issue an Event of Default notice to the Distribution Franchisee.

17.3.2 The Distribution Franchisee shall eliminate/ mitigate consequences of such Event of

Default within a period of 15 days for Event of Default cited at 17.1.1.1 and 60 days for

Events of Default cited at 17.1.1.2. JVVNL shall have a right to extend such period as

deemed fit at the request of Distribution Franchisee.

17.3.3 In case the Distribution Franchisee is unable to eliminate/ mitigate the consequences of

Event of Default within the period stipulated at 17.3.2 a preliminary notice of termination

may be served by JVVNL to the Distribution Franchisee, elaborating the event of default

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by Distribution Franchisee.

17.3.4 If the default is not cured within a period of thirty days from the date of issue of the

preliminary notice of termination as provided in Article 17.3.3, this Agreement may be

terminated after serving the final termination notice to the Distribution Franchisee.

17.3.5 It is expressly agreed that both the parties shall continue to perform their respective

obligations until the serving of final termination notice, whereupon this Agreement shall

terminate on date of such notice.

17.3.6 JVVNL shall exercise its Step-in rights after serving the final termination notice. The

Distribution Franchisee shall be obliged to extend transition assistance for a period of 30

days from the serving of such Final termination notice, failing which the costs and

expenses incurred by JVVNL on the account of non-provision of such assistance by the

Distribution Franchisee shall be recovered from the Termination payment of the

Distribution Franchisee.

17.4 Termination Procedure for JVVNL Event of Default

17.4.1 On the occurrence of Event of Default by JVVNL, the Distribution Franchisee shall issue

an Event of Default notice to JVVNL.

17.4.2 JVVNL shall eliminate/ mitigate consequences of such Event of Default within a period of

60 days.

17.4.3 In case JVVNL is unable to eliminate/ mitigate the consequences of Event of Default, a

preliminary notice of termination may be served by the Distribution Franchisee to JVVNL,

elaborating the Event of Default by JVVNL.

17.4.4 If the default is not cured within a period of thirty days from the date of serving of

preliminary termination notice, this Agreement may be terminated after serving the final

termination notice to the defaulting Party.

17.4.5 It is expressly agreed that both the parties shall continue to perform their respective

obligations until the serving of final termination notice, whereupon this Agreement shall

terminate on the date of such notice.

17.4.6 JVVNL shall Step-in after receiving the final termination notice. The Distribution

Franchisee shall be obliged to extend transition assistance for a period of 30 days from

the serving of such Final termination notice, failing which the costs and expenses

incurred by JVVNL on the account of non-provision of such assistance by the Distribution

Franchisee shall be recovered from the Termination payment of the Distribution

Franchisee.

17.5 Consequences of Termination

17.5.1 Consequences of Termination for Distribution Franchisee Event of Default

a) Without prejudice to the other rights of JVVNL in case of termination, Distribution

Franchisee shall pay all the dues payable to JVVNL on the date of termination.

Distribution Franchisee shall pay dues to third parties only after the payment of all

JVVNL dues.

b) JVVNL has right to make good any shortfall from the performance guarantee.

c) JVVNL unconditionally reserves the right to claim from Distribution Franchisee any

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costs, expenses or loss that it may have incurred by reason of breach of failure on

the part of Distribution Franchisee to observe and perform any of the terms and

conditions of the agreement.

d) On termination of this Agreement however occasioned, the Distribution Franchisee

shall forth with deliver to JVVNL all papers including the forms used, partially used

and unused receipts books, all promotional materials and documents which may

have come into its possession or custody under the terms of this Agreement or

otherwise.

e) The Distribution Franchisee shall furnish a certificate of Non encumbrance to claim

the amount due to him as per provisions of Article-5.2 and Article 9.11.

17.5.2 Consequences of Termination for JVVNL Event of Default Without prejudice to the other

rights of Distribution Franchisee in case of termination, JVVNL shall pay all the dues

payable to Distribution Franchisee on the date of termination.

17.6 Step In Rights of JVVNL

17.6.1 Step-in Rights in case of Event of Default after serving of Final Termination Notice

a) JVVNL or its Designate(s) shall be entitled to immediately enter any and/or all of

the Site(s) and operate the Distribution System and collect revenues due from

Consumers.

b) JVVNL shall have the right to invoke the Bank Guarantee against the Security

Deposit furnished by the Distribution Franchisee to recover all its dues and

outstanding amounts.

c) The Distribution Franchisee shall transfer all the Fixed Assets brought in as a part

of the New Capital Expenditure in the Franchisee Area in accordance with the

Article-5.2.

17.6.2 Step-in Rights in the Event of Abandonment by the Distribution Franchisee

a) JVVNL or its Designate(s) shall be entitled to immediately enter any and/or all of

the Site(s) and operate the Distribution System.

b) JVVNL shall issue a take-over notice to the Agreement Representative and serving

of such notice shall be treated as a deemed takeover of operations by JVVNL.

c) JVVNL shall invoke the Performance Guarantee and LC against the security deposit

furnished by the Distribution Franchisee.

d) All Current Assets of the Distribution Franchisee in the Franchisee Area shall stand

transferred to JVVNL.

e) All Capital (Moveable and Immoveable) Assets of the Distribution Franchisee

brought in the Franchisee Area in accordance with Article 5.2 shall stand

transferred to JVVNL.

f) However, the liability of meeting the repayment obligations on account of financing

arrangements for such assets shall lie with the Distribution Franchisee.

g) The Lenders to the project shall be entitled to bring in an eligible operator in place

of the Distribution Franchisee, subject to approval from JVVNL. Such eligible

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operator shall take over the Franchisee Area with the same rights and obligations,

applicable from Effective Date, as the original Distribution Franchisee.

17.6.3 Step-in Rights of JVVNL in the Events of Partial Disruption of electric supply services

In case of disruption of electric supply services in any part of the Franchisee Area,

leading to severe public inconvenience for reasons solely attributable to Distribution

Franchisee, JVVNL shall have a right to step-in the Franchisee Area and restore electric

supply services. The costs and expenses incurred for restoration by JVVNL shall be borne

by the Distribution Franchisee.

17.7 Expiry Payment

17.7.1 The expiry payment to the Distribution Franchisee shall consist of the following:

a) Depreciated Value of capital assets worked out as per Article-5.2;

b) Value of current assets worked out as per Article-5.3;

c) Arrears accrued in the last one-month prior to Expiry as per Article-9.10.

17.7.2 An amount equal to 70% of the depreciated value of capital assets on Expiry Date

worked out as per the audit conducted at the end of [Year immediately preceding the

last year of the contract] contract year shall be released to the Distribution Franchisee

not later than 15 days from the Expiry Date upon furnishing of a certificate of non-

encumbrance by the Distribution Franchisee and from the bankers of the Franchisee.

17.7.3 The balance payment on account of capital assets after accounting for deviations shall be

released on completion of physical verification and auditing but not later than 60 days

from expiry subject to fulfillment of all of the following:

(i) Such Assets have been physically verified by the Joint Audit Team of JVVNL and

the Distribution Franchisee and have been found to be in working order. The

verification shall be completed within one month after Expiry of the agreement. In

case of shortfalls, the non disputed amount shall be released promptly.

(ii) The Distribution Franchisee has furnished a Certificate of Non-encumbrance issued

both by the Franchisee as well as its bankers in respect of such Distribution Assets.

(iii) The title and possession of such assets has been transferred to JVVNL.

17.7.4 The payment for current assets due to the Distribution Franchisee shall be released not

later than 60 days from Expiry date.

17.7.5 JVVNL shall make payment towards arrears accrued one month prior to the Expiry after

such an amount has been jointly determined and agreed by JVVNL and Distribution

Franchisee. The liability of JVVNL shall be limited to making payment at the prevailing

level of collection efficiency of such amount within 60 days of such joint determination.

17.7.6 All the above payments shall be released after deductions on account of any outstanding

amount towards JVVNL, if any.

17.8 Termination Payment in case of JVVNL Event of Default

17.8.1 The Termination payment to the Distribution Franchisee shall consist of the following:

(i) Depreciated Value of capital assets worked out as per Article-5.2;

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(ii) Value of current assets worked out as per Article-5.3;

(iii) Arrears accrued in the last one-month prior to termination as per Article-9.10

17.8.2 An amount equal to 70 % of the depreciated value of capital assets on Termination date

worked out as per the audit conducted at the end of last contract year shall be released

to the Distribution Franchisee not later than 15 days from the Termination Date upon

furnishing of a certificate of non-encumbrance by the Distribution Franchisee and from

the bankers of the Franchisee.

17.8.3 The balance payment on account of capital assets after accounting for deviations shall be

released on completion of physical verification and auditing but not later than 60 days

from Termination Date subject to fulfillment of all of the following:

(i) Such Assets have been physically verified by the Joint Audit Team of JVVNL and

the Distribution Franchisee and have been found to be in working order. The

verification shall be completed within one month after Termination of the

agreement. In case of shortfalls, the non-disputed amount shall be released

promptly.

(ii) The Distribution Franchisee has furnished a Certificate of Non-encumbrance issued

both by the Franchisee as well as its bankers in respect of such Distribution Assets.

(iii) The title and possession of such assets has been transferred to JVVNL.

17.8.4 The payment for current assets due to the Distribution Franchisee shall be released not

later than 60 days from Termination date.

17.8.5 JVVNL shall make payment towards arrears accrued one month prior to such Termination

after such an amount has been jointly determined and agreed by JVVNL and Distribution

Franchisee. The liability of JVVNL shall be limited to making payment of 90% of such

amount within 60 days of such joint determination.

17.8.6 All the above payments shall be released after deductions on account of any outstanding

amount towards JVVNL, if any

17.9 Termination Payment in case of Distribution Franchisee Event of Default

17.9.1 The Termination payment to the Distribution Franchisee shall consist of the following:

a) Depreciated Value of capital assets worked out as per Article-5.2;

b) Value of current assets worked out as per Article-5.3;

c) Arrears accrued in the last one-month prior to Expiry as per Article-9.10.

17.9.2 An amount equal to 50% of the depreciated value of capital assets on Termination date

worked out as per the audit conducted at the end of last contract year shall be released

to the Distribution Franchisee not later than 15 days from the Termination Date upon

furnishing of a certificate of non-encumbrance by the Distribution Franchisee.

17.9.3 The balance payment on account of capital assets after accounting for deviations shall be

released on completion of physical verification and auditing but not later than 60 days

from Termination Date.

17.9.4 The payment for current assets due to the Distribution Franchisee shall be released not

later than 60 days from Termination date.

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17.9.5 The payment for arrears accrued in the last one month prior to expiry shall be released

not later than 90 days from the Termination date.

17.9.6 All the above payments shall be released after deductions on account of any outstanding

amount towards JVVNL, if any.

18 GOVERNING LAW AND DISPUTE RESOLUTION

18.1 Governing Law

18.1.1 This Agreement has been executed and delivered in India and its interpretations, validity

and performance shall be construed and enforced in accordance with the laws of India

and also the laws applicable to the State of Rajasthan.

18.1.2 Any dispute arising out of compliance/ non-compliance of this Agreement shall be

exclusively under the jurisdiction of court at Jaipur.

18.1.3 Disputes between the Consumers in the Franchisee Area and the Distribution Licensee

shall be referred to the existing relevant Consumer Grievance Redressal Forums.

18.2 Amicable Settlement

18.2.1 Either Party shall be entitled to raise any dispute or differences of whatever nature

arising under, out of or in connection with this Agreement including its existence or

validity by giving a written notice to the other Party, which shall contain:

(i) The details of the Dispute;

(ii) The grounds for such Dispute; and

(iii) All documentary evidence in support of its claim.

18.2.2 The other Party shall, within thirty (30) days of receipt of dispute notice issued under

Article 18.2.1, furnish:

(i) Counter-claim and defences if any regarding the Dispute; and

(ii) All documentary evidence in support of its defences and counter-claim.

18.2.3 Both the parties shall constitute a permanent dispute resolution body having equal

representation from each of the parties. The disputes or differences arising under this

Agreement shall be referred for resolution to this body, which shall communicate its

decision within Thirty (30) days.

18.2.4 In case of non-settlement of dispute by the permanent dispute resolution body, such

dispute or differences shall be referred for decision to a body constituted by Chairman/

Managing Director of the Distribution Licensee and Head, Distribution Franchisee which

shall communicate its decision preferably within a period of fifteen (15) days.

18.2.5 Any dispute arising out of, in connection with or with respect to this Agreement, the

subject matter hereof, the performance or non-performance of any obligation hereunder,

which cannot be resolved by negotiation between the Parties and the Dispute Resolution

procedure as stated in the foregoing Articles, shall be exclusively submitted to arbitration

at the request of either party upon written notice to that effect to the other party and.

The proceedings shall be conducted subject to the provisions of the Arbitration and

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Conciliation Act, 1996 (the Arbitration Act) by a panel consisting of three arbitrators.

18.2.6 While submitting the dispute or difference to arbitration in accordance with this Article

the Party so submitting shall, in its notice, specify the name of one arbitrator appointed

by it. Within thirty (30) days of the receipt of notice, the other Party shall appoint an

arbitrator. The third arbitrator (who will act as the chairman) shall be nominated by the

two arbitrators appointed as aforesaid or, failing such nomination within thirty (30) days

of the appointment of the second arbitrator, shall be appointed in accordance with the

Arbitration and Conciliation Act, 1996.

18.2.7 The language of the arbitration shall be English. The venue of Arbitration shall be Jaipur.

18.2.8 The arbitration award shall be in writing. The arbitrators shall also decide on the costs of

the arbitration proceedings.

18.2.9 The Parties agree that the award of the arbitrators shall be final and binding upon the

Parties.

18.2.10 Notwithstanding anything to the contrary contained in this Agreement, the provisions of

this Article 17 shall survive the Termination of this Agreement.

18.2.11 Both the parties shall continue to perform their respective obligations during the conduct

of the Dispute Settlement Procedure.

18.3 Disputed Payments

18.3.1 An invoice raised by JVVNL in terms of Article-8 can be disputed by the Distribution

Franchisee; however, the Distribution Franchisee shall remit the payment under protest

against the same to JVVNL within the stipulated time. Cases of excessive billing, if any,

during the last three months shall be jointly identified by JVVNL and DF and shall be

referred to the high level committee envisaged under Annexure–5 ‘Procedure for

recovery of arrears’ in the Distribution Franchisee Agreement. Such excessive amount

shall be excluded from the payment responsibility within three months

18.3.2 In case the dispute is resolved in the favour of the Distribution Franchisee, JVVNL shall

within 7 days of settlement of such dispute refund the excess amount along with interest

of 12% per annum from the date of payment.

18.3.3 The information submitted by Distribution Franchisee and forming a basis for the Invoice

can also be disputed by JVVNL.

18.3.4 In case the dispute is resolved in the favour of JVVNL, the Distribution Franchisee shall

within 7 days of settlement of such dispute refund the additional amount along with

interest of 12% per annum from the date of payment.

18.4 Severability

If any section, provision or Article of this Agreement is held by a court of Competent

jurisdiction to be invalid or unenforceable, or is pre-empted by central or state laws,

regulations or regulatory agencies, the remainder of this Agreement shall not be

affected, except as is otherwise provided in this Agreement. However if the implication of

such a situation is significant, both the parties may mutually decide the future course of

action.

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19 FORCE MAJEURE

19.1 No Party shall be liable to the other Parties if, and to the extent, that the performance or

delay in performance of any of its obligations under this Agreement is prevented,

restricted, delayed or interfered with due to occurrence of any event of force Majeure

beyond the parties control, which cannot be reasonably forecast or prevented, thereby,

hindering the performance by the parties of any of their obligations hereunder. The Party

claiming an event of force majeure shall promptly notify the other Parties in writing, and

provide full particulars of the cause or event and the date of first occurrence thereof as

soon as possible after the event and also keep the other Parties informed of any further

developments. The Party so affected shall use its best efforts to remove the cause of

non-performance, and the Parties shall resume performance hereunder with the utmost

dispatch when such cause is removed. For the purpose of clarity, the Parties agree that

the failure of a Party to adhere to any statutory or regulatory requirement or to obtain

necessary approvals shall not be deemed to be a force majeure situation. A condition of

force majeure shall not relieve any Party of any obligation due under this Agreement

prior to the event of force majeure.

In the event of a prolonged event of Force Majeure (continuing for a period of more than

30 days) a preliminary notice of termination may also be issued by either Party leading to

the termination of the Agreement. The payment mechanism for this case shall be the

same as described in Article-17.7.

20 MISCELLANEOUS PROVISIONS

20.1 JVVNL shall refrain from unreasonably interfering with the Distribution Franchisee in

exercising of its rights or the performance of or compliance with its obligations under this

Agreement.

JVVNL shall make all reasonable efforts to ensure that its staff (whether assigned to the

Franchisee Area or not) does not impede the Distribution Franchisee from exercising its

rights or performing its obligations under this Agreement.

20.2 The Parties shall establish formal communication means for purposes of exercising their

respective rights and performing or complying with their respective obligations under this

Agreement. Each of the Parties shall designate an Engineer-in-charge who is duly

authorized to act on behalf of the respective Parties, to liaise for purposes of and carry

out Agreement Management pertaining to the management of all matters related to the

compliance with the requirements of this Agreement. The Engineer-in-charge shall be of

the rank of Chief Engineer or equivalent and above from JVVNL and a rank of General

Manager and above from Distribution Franchisee.

20.3 Both the parties shall duly appoint their respective Agreement Representatives and the

Disputes or differences arising out of the execution of this Agreement shall be dealt by

them. The Agreement Representative shall be of the rank of Executive Director or

equivalent and above from both the sides. To address any unforeseen situation in future,

this Agreement document can be modified/amended through mutual consent of both the

parties. On JVVNL side any such proposed amendment has to be first approved by JVVNL

Board.

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20.4 Distribution Franchisee may consider the use of innovative operating systems and

technical solutions for loss reduction, theft prevention, credit control, etc. If such a

system is being implemented then the Distribution Franchisee will submit information

about such plans, processes and procedures to JVVNL. All these systems must be in

compliance with Regulatory and Licensee conditions. JVVNL, in consultation with the

Distribution Franchisee may depute a reasonable number of its employees to be trained

on such new systems and processes.

20.5 In the event the Distribution Franchisee undergoes merger/ acquisition/ amalgamation, it

will duly seek approval from JVVNL for assignment of this agreement to the new entity.

This would facilitate better coordination with the new entity.

20.6 The necessary approvals/consents under this agreement shall not be withheld or delayed

unreasonably by any of the party. Any approval or consent given under this Agreement

shall be valid only if given in writing.

20.7 The Distribution Franchisee may create charge on its gross margin i.e. the revenue

realizations less the amount payable to JVVNL as per the regular invoices.

Notwithstanding the foregoing, the repayment obligations in all cases shall lie with the

Distribution Franchisee.

20.8 The language of communication between two parties shall be English only.

20.9 The Distribution Franchisee shall not use JVVNL assets for any other use except for

distribution of electricity and activities concerned with the subject of this Franchisee

20.10 JVVNL at the request of the Distribution Franchisee shall pursue with the relevant

agencies for the augmentation of EHV line and transformer capacity for Franchisee Area.

20.11 JVVNL shall mark a copy of the Directives received by it under applicable laws,

Regulations and Directives of RERC, which are not in the public domain.

20.12 Notices

Notices to be given under this Agreement shall be in writing and in the English language.

All notices must be delivered personally, by registered or certified mail or by facsimile

transmission on the address given below (To be filled up at the time of execution of

DFA):

For Distribution Licensee

Engineer In Charge:

Phone:

Fax:

E-Mail:

Franchisee Representative:

General Manager

Phone:

Fax:

E-Mail:

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For Disputes & their Resolution

For Distribution Licensee

Chairman/ Managing Director/ Member:

Phone:

Fax:

E-Mail:

Franchisee Representative:

Executive Director (Operations)

Phone:

Fax:

E-Mail:

20.13 Agreement Representative

All notices shall be effective: (i) if sent by facsimile transmission, when sent (on receipt

of confirmation of the correct number or address); (ii) if sent by registered post or

certified mail, within 5 days of dispatch; and (iii) if delivered personally, on receipt by

intended recipient. Provided that all notices given by facsimile transmission shall be

confirmed by registered or certified mail. Each party shall forthwith notify the other party

of any change in its address to which notices under this Agreement are to be delivered,

mailed or facsimiled.

20.14 Amendment:

This Agreement may be amended only by written agreement of the Parties hereto, duly

executed by an authorized representative of each of the Parties hereto.

20.15 Non-Waiver

The failure in any one or more instances of a Party to insist upon performance of any of

the terms, covenants or conditions of this Agreement, to exercise any right or privilege in

this Agreement conferred or the waiver by said party of any breach of any of the terms,

covenants or conditions of this Agreement shall not be construed as a subsequent waiver

of any such terms, covenants, conditions, rights or privileges, but the same shall

continue and remain in full force and effect.

20.16 Binding Effect

This Agreement and the covenants, terms and conditions set forth herein shall be

binding upon and shall inure to the benefit of the Parties hereto and their respective

successors and permitted assigns.

Annexure attached hereto form part of the Agreement.

JVVNL and the Distribution Franchisee hereby represent and warranty that:

(a) They are not prevented under the applicable Laws and Regulations to enter into

this Agreement;

(b) They have obtained the required authorizations/ permits to sign this Agreement.

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IN WITNESS WHEREOF the Parties have caused the Agreement to be executed through their

duly authorized representatives as of the date and place set forth above.

For and on behalf of

[JVVNL]

For and on behalf of

[M/s <Name of the Distribution Franchisee>]

Name, Designation and Address

Name, Designation and Address

_________________________

Signature with seal

_________________________

Signature with seal

Witness: Signature , name and address

1.

2.

Witness: Signature , name and address

1.

2.

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21 LIST OF ANNEXURE (1-11)

A. Annexure 1: Brief description of Franchisee Area

B. Annexure 2: Methodology for energy audit

C. Annexure 3: Specifications of consumer service center

D. Annexure 4: Schedule of Annualized Energy Input Rates

E. Annexure 5: Procedure for recovery of arrears

F. Annexure 6 : Format of Performance Bank Guarantee

G. Annexure 7: Notification Of Electricity Duty

H.

Annexure-8: Details of projects approved under schemes of Government

of India or the State Government or any Department or Undertakings

thereof or any multilateral funding organizations

I. Annexure 9: Order on RERC approved depreciation rate

J. Annexure 10: Detailed report on audited Average Billing Rate

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Annexure 1: Brief description of Franchisee Area

[Details of the Franchisee Area with substations]

Bharatpur city is spread over 50 square kilometers. The geographical location of is shown in the

picture below:

Figure 2: Geographical location of BHARATPUR area

The brief description of distribution network of Franchisee Area of Bharatpur as on 31st March

2014 is given in the table below. PDCOR has compiled the technical and revenue information

regarding the Franchise Area on a best efforts basis.

Total Number of:

Registered Consumers:

52828

Effective Consumers:

47641

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Table 3: Details of BHARATPUR Area

Particulars UOM BHARATPUR Area

Area Sq km 50

Population Nos 252109

No of Consumers Nos 52828

Peak Load MW 50

The general details of distribution divisions of the Bharatpur circle are as below:

Table 4: Details of Distribution Divisions of BHARATPUR Circle

SI No Divisions

1 Bharatpur

2 Deeg

3 Bayana

6. AREA DETAILS

Area identified for Distribution Franchisee in Bharatpur is Bharatpur City. Bharatpur city is

coming under Bharatpur division and further Bharatpur division is divided into 3 sub- divisions:

A) Sub-Division- A1

B) Sub-Division- A2

C) Sub-Division- A3 (partly)

Table 5: Details of EHV/HV Substations & Current Load

SI No Name of EHV Substation Capacity

Installed (MVA) No. of input

Feeders

1 220/132/33 KV 50 3

2 132/33/11 KV 60 8

Bharatpur City Division-A1, A2 & A3 (partly)

Bharatpur City is having 9 nos of 33/11 KV substations comprising 6 nos of 33 KV input feeders

& 39 nos of 11 KV feeders with connected load of 90.15 MVA

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Table 6: Details of 33/11 KV substation in Bharatpur Division:

Substation No of 11 KV

input feeders Area fed

Swarn Jayanti Nagar 2X5 MVA = 10 MVA

(A-I)

Swarn Jayanti Nagar (A-I)

Swarn Jayanti Nagar, Rajinder Nagar, Jawahar Nagar, Babu Nagar

B. Gate (A-I) Kacha kundwara, Old Gurudwara, B Narayan Gate, Circular Road(upto Power House)

Laxman Mandir (A-II)

Laxman Mandir, Atul Bandh Mandi, Gundki Mandir, purana Bus stand

Malah Water Works (A-I, A-II &

Rural)

Malah Water Works

Red Cross 1X5 MVA = 5 MVA

(A-II)

New Mandi (A-II) Agresen Nagar, New Mandi area, Rudya nagar.

Goverdhan Gate (A-II)

Namak Katra, Bhashan Gate, Adarsh colony, Chand Pole Gate

Chand Pole Gate (A-II)

Chand Pole Gate

OIA 1X5 MVA + 1X3.15 MVA = 8.15 MVA

(A-II)

GEW Disconnected

Gatta (A-II) Industrial area

ITI (A-II & A-III Rural)

Industrial feeder

IOC ( A-III Rural) Rural

SPM Nagar 2X5 MVA = 10 MVA

(A-II)

SPM Nagar (A-II & A-III city)

Mukherjee Nagar, Anand Nagar, Akhad

Ranjeet Nagar (A-II)

Ranjeet Nagar, Station road (upto Red cross circuit)

Goverdhan Gate (A-II)

Rajit Nagar E-block

Kumair Gate (A-II)

Pratap colony, Kamla road, Kumair gate(upto Anha circle), Bhagwan talkies, Honda showroom

Saras 2X5 MVA = 10 MVA

(A-I)

Ajit Nagar (A-I) College ground, College(inside), Gita colony, Madarpur Road(upto AMerican gate)

Rajender Nagar (A-I)

Collectorate, Judiciary, Police Lines, Rajender Nagar, Jawahar Nagar.

Pushp Vatika (A-I)

Pushp Vatika, Gauri Shankar colony.

Kadam Kunj (A-1 & A-III rural)

Highway, Uncha ka nangla + Rural

Pakka Bag (Rural) Rural

Choburja 1X8 MVA = 8 MVA

(A-I)

Hospital (A-I) Janan Hospital

Choburja (A-I) Mathura gate, Ganga Mandir, Choburja, Sirki wale Hanumanji, Jama Masjid, Sabzi Mandi, Cheema wali gali.

Ketan Gate (A-I) Sahyog Nagar, Sed ka Mad, Gopal gad, Jageena gate, Church Road, Inside Fort.

Company Bagh 1X8 + 1X5MVA = 13

MVA (A-I)

OPH (A-I) Gulal Kund, Suraj pur, Kanni gujjar ka choraha, Sabzi Mandi, Krisna nagar (A-part)

Central School (A-I)

Central School, Shyam sundar, colony, Housing board, Prince nagar, Shastri Nagar

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Page 58 of 77

Substation No of 11 KV

input feeders Area fed

Krishna Nagar-I (A-I)

Krishna Nagar, Circuit house, Jyoti Nagar, Geeta colony, Bhato ki jhopdi

Krishna Nagar-II (A-I)

Collector house, Krishna Nagar(A-part), RVM Hospital

RIICO 1X8 + 1X5MVA = 13

MVA (A-I)

RIICO- II (A-I) Industrial

RIICO-III (A-I) Industrial

RIICO-I (A-I) Industrial

RIICO-IV (A-I) Industrial

Hiradas 1X8 + 1X5 = 13 MVA

(A-II)

Anah (A-II) Anah Gate, Pathan ki Taal, Kotwali, Heeradas, Subhash Nagar

Dalmiya (A-II) Tilak Nagar, Indira Nagar

Sewar (A-III city) Sewar, gandhi Nagar, RTO office

Jaswant Nagar (A-II)

Jaswant Nagar colony, Vijay Nagar, Bhot colony, Jagdamba colony, Chanan radi

132 KV GSS Mahaveer Nagar

City (A-II) Moti jheel

Wagon factory (A-II)

Ekta VIhar, Giriraj colony, Stn road bajaria

MES (A-II) Cantt area

Colony (A-II) Cantt area, JVVNL colony moti jheel

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DFA for Bharatpur City

Page 59 of 77

Annexure 2: Methodology for energy audit

Parameter Sl. Column

Name Description Sources of data Remarks

Energy

Input 1. Dist.

Energy sent to O&M

division from EHV

substations on 33 kV

&11 kV feeders

Joint Meter

Readings by

JVVNL & the

Distribution

Franchisee

2. EHV

Consumers

Energy sent to EHV

Consumers under

franchisee jurisdiction

from EHV feeders

Sub-station wise

import/export

energy

transactions of

concerned EHV

substations from

the concerned

JVVNL/RVPNL

authority.

3.

Other input at

distribution

level

Energy input other

than non-EHV source

like CPPs, IPPs, NCE

generation sources,

small hydro etc.

Distribution

Franchisee

4. Cross-over, if

applicable

Energy exchange

between adjacent

circles/divisions/sub-

divisions

Distribution

Franchisee

Only mutually

agreed

transactions

considered.

Every import

must have

corresponding

export & vice-

versa.

Total input

Energy 5.

Sum of (1)

to (4)

Metered

Billing 6. HT

Energy Sales to High

Tension Consumers

Distribution

Franchisee

7. LT Energy Sales to Low

Tension Consumers

Distribution

Franchisee

8.

Metered LT-AG

apportioned

unit

Apportioned energy

sales to low tension Ag

Consumers

Distribution

Franchisee

9. Credit Billing Credit units not

appearing in HT sales Distribution

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Parameter Sl. Column

Name Description Sources of data Remarks

at (6) above to HT

Consumers

Franchisee

10. Other Billing

Miscellaneous metered

billing not appearing in

(6) to (9) above

Distribution

Franchisee

11. Total Metered

Energy Sum of (6) to (10)

12.

Percentage of

Metered Billing

w.r.t. Input

Energy

(11) divided by (5)

multiplied by 100

Unmetered

Energy 13.

LT-AG Load in

HP as on ------

----

Connected Load of

Unmetered Ag

consumers in HP for

the Franchisee Area as

on end of latest

quarter

Distribution

Franchisee

14. KWh/ HP/

Month

Index derived from

metered LT agriculture

consumption for the

zone

Distribution

Franchisee

15. Consumption Multiplication of (13) &

(14)

16. Other

Other Miscellaneous

billing not appearing in

(14) & (15)

Distribution

Franchisee

17.

Total

Unmetered

Energy

Sum of (15) and (16)

18.

% Unmetered

energy w.r.t.

Input Energy

(17) divided by (5)

multiplied by 100

Total

Energy

Sales

19. Sum of (11) and

(17)

Loss 20. (5) less (19)

Loss in

percentage 21.

(20) divided by (5)

multiplied by 100

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Page 61 of 77

Annexure 3: Specifications of consumer service centre

The Consumer Service Centre (CSC) is an initiative for providing information and service to the

consumers. The CSC shall act as an interface between the customer and the Distribution

Franchisee operations in the entire customer facing process.

The services to be rendered by the CSC shall be as below:

Connection services: relates to customer acquisition including temporary connection, load

change, category change, name/ address change and closure of connection

Billing- duplicate bill generation and billing related compliant handling.

Collection Management- collection facilitation

Recording and redressal of supply related complaints

Help desk

The CSC shall be in the shape of physical infrastructure and shall be manned by persons of the

Distribution Franchisee.

The channels of interface at the CSC shall be as under:

Help desk services

User self-use kiosks (optional) – Touch screen kiosks to be kept at the sub divisional offices,

which will guide the customer through graphical user interface. These kiosks shall also act as

collection boxes, which will help in collecting the payment of the electricity bills and issue a

receipt once the cheque/ cash is received.

Notice Boards disseminating information regarding:

� Power outages schedule;

� Standards of Performance;

� Emergency numbers in case of accidents;

� General information regarding saving of power;

� Contact numbers of concerned officials;

� Performance graphs.

Operations of the CSC

New Connection process

The CSC agent shall explain to the Customer, the details of filling up of the forms and shall also

inform the customer about the required documents, fees and other charges. The CSC agent shall

check the adequacy of the form and document and shall issue a receipt to the consumer. The

form shall be promptly forwarded for further action to connect the customer.

Duplicate Bill

The CSC shall issue a duplicate bill to the customer upon payment of a nominal fee.

Collection of Payments

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DFA for Bharatpur City

Page 62 of 77

The CSC shall be equipped to handle collection of bills from the consumers. The CSC shall collect

the payment against bills and issue a prompt receipt to the consumer.

Complaint Handling

The CSC shall register the commercial and supply related complaints of consumers and issue a

complaint number to the customer. The complaints so registered shall be promptly forwarded for

taking necessary action for redressal.

SPECIFICATIONS

Minimum Hardware

Sl. Particulars

Quantity (Not to be

lesser than R APDRP

Requirement)

Description (Not to be

lesser than R APDRP

Requirement)

1 Personal Computers

2 External modem

3 Line Matrix Printer

4 Printer

5 RDBMS

6 Phone Lines

Functionality of Software

1. Logging, tracking and managing complaints

2. Analysis and Reporting

a. Identify trends

b. Recurring electrical equipment problem identification

c. Time to resolve

d. First contact resolution rate

e. Complaint tickets issued reports and MIS reports

f. Daily Collection report

3. E-mail Interface

4. Web based solution

5. Collection management

6. Complaint/ query handling-billing, new connection

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DFA for Bharatpur City

Page 63 of 77

ILLUSTRATIVE LIST OF THE COMPLAINTS/ SERVICES TO BE HANDLED BY THE

CONSUMER SERVICE CENTER

Sl. Service Segment Service Details

1 New Connection Related

Request for application form

Query on time taken for new connections

Security Deposit queries

Application status

Expected Date of meter installation

Capital works expected completion date

Customer number assignment

Contract not provided

Temporary Connection

Other new connections request

2 Meter Related

Meter Running-fast

Meter Running-slow/ sluggish

Meter Stuck up

Meter burnt

Shifting of meter

Other meter related requests

3 Billing Related

Billing Correction request

Wrong Billing

Duplicate billing request

On demand bill request

Late bill receipt

Meter Reading-correction request

Meter Reading not taken

Arrears dispute

Additional charges dispute

Surcharge dispute

Back billing dispute

Other billing requests

Reporting of theft/ malpractice

4 Disconnections and Dismantlement

related

Disconnection dispute

Disconnection request

Temporary disconnection request

Dismantlement dispute

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Sl. Service Segment Service Details

Termination request

Other disconnection and dismantlement

Requests

Reconnection requests

5 Supply Related

Fuse-off call

Supply failed-total area

Supply failed-individual

Supply failed-one phase out

Dim supply

Voltage fluctuation

Blinking

Transformer-smoke/ flames

Transformer-cable/ lugs burnt

Transformer-sparking at the poles

Transformer-leaking

Voltage-High/Low

Line-snapped/ bunched/twisted/ tree

branches touching

Pole-shock

Pole-Leaning/ fell down

Pole- Rushed/ damaged

SC- Wire broken/ damaged/ loose

Connection

Street Light-not glowing

Other supply related requests

6 Other Customer Related Requests

Name Change

Title transfer

Category Change

Address Change

Telephone Number change

Shifting of service

Connected Load query

Change of connected load

Conversion from single phase to three

Phase

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Sl. Service Segment Service Details

Delay in release of additional load

Exception status query

Replacement of service wire

Requirement of additional Poles

Line shifting/ DTC shifting

Additional streetlight reqd

Status of complaints

Other customer requests

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Page 66 of 77

Annexure 4: Schedule of Annualized Input Rate

Year Commencing Year from

the Effective Date)

Energy Input

(MUs)

Input Energy Rate

(Rs/ Unit)

1 1 339.24 4.201

2 2 362.90 4.408

3 3 388.21 4.556

4 4 415.28 4.686

5 5 444.23 4.773

6 6 475.21 4.848

7 7 508.35 4.911

8 8 543.80 4.965

9 9 581.71 5.012

10 10 622.28 5.053

11 11 665.67 5.091

12 12 712.09 5.125

13 13 761.74 5.149

14 14 814.86 5.165

15 15 871.68 5.181

16 16 932.47 5.189

17 17 997.49 5.190

18 18 1067.05 5.191

19 19 1141.45 5.192

20 20 1221.05 5.193

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Annexure 5: Procedure for Recovery of Arrear

1. A committee comprising independent external legal, financial and technical experts

mutually agreed by both the parties shall be constituted by JVVNL for determination of

arrears. The Chairman of the committee shall be the nominee of JVVNL.

2. The broad scope of work of the committee would be as under:

a) Determining and validating the quantum of arrears in the franchisee area.

b) The Committee shall follow a methodology for the above arrears with the approval

of JVVNL.

3. The process of recovery of arrears shall be as per applicable provisions of The Rajasthan

Electricity Regulatory Commission (Electricity Supply Code and Connected Matters)

Regulations, 2004’), Electricity Act 2003 and other applicable provisions of law.

4. The Distribution Franchisee shall continue to show the old arrears of JVVNL in the

Consumers’ bill so as to effectively continue the claim of JVVNL on these arrears.

5. The Distribution Franchisee shall make available suitable office and secretarial help to the

committee within Franchisee Area.

6. The expenses incurred for the committee in this respect shall be borne by Distribution

Franchisee.

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Annexure 6: Performance Guarantee

Ref.: ………………………..

Date: ……………………….

Bank Guarantee No…….….

1. In accordance with the tender specification No.___________________ of Jaipur Vidyut

Vitaran Nigam Limited(hereinafter referred to as the “JVVNL”) for the work of selection of

Distribution Franchisee for Distribution of Electricity along with meter reading, billing,

collection, operation maintenance etc. for Bharatpur City of Rajasthan,

M/s (Company Name) …………………………………………………………………

Address………………………………………………………………………………….(hereinafter referred to

as “Bidder”) wished to participate in the said tender and as a Bank Guarantee for the

sum of Rs Fifty Lakh valid for a period of _____ days from the date of opening of techno-

commercial bid as required to be submitted by the Bidder, we the ..…(Name of the

Bank)……(hereinafter referred to as “The Bank”) do hereby unequivocally and

unconditionally guarantee and undertake to pay during the above said period, on written

request by JVVNL, an amount not exceeding Rs. ------- Only to JVVNL without any

reservation. The guarantee would remain valid up to 5.00 P.M. of …………..…….. (date)

and if any further extension to this is required, the same will be extended on receiving

instructions from the Bidder on whose behalf this guarantee has been issued.

2. We, the …………………………………………………….. (Indicate the name of the Bank) do

hereby further undertake to pay the amounts due and payable under this guarantee

without any demur, merely on demand from JVVNL stating that the amount claimed is

due by way of loss or damage caused to or would be caused to or suffered by JVVNL by

reason of any breach by the said Bidder(s) of any of the terms of conditions and failure

to perform said tender. Any such demand made on the Bank shall be conclusive as

regards the amount due and payable by the Bank under this guarantee. However, our

liability under this guarantee shall be restricted to an amount not exceeding

Rs……………….

3. We, the …………………………………………………….. (Indicate the name of the Bank)

undertake to pay to JVVNL any money so demanded notwithstanding any dispute or

disputes raised by the Bidder(s) in any suit or proceeding instituted/ pending before any

court of tribunal relating thereto, our liability under this present being absolute and

unequivocal. The payment so made by us under this bond shall be a valid discharge of

our liability for payment there under and the Bidder(s) shall have no claim against us for

making such payment.

4. We, the …………………………………………………….. (Indicate the name of the Bank) further

agree that the guarantee herein contained shall remain in full force and effect during the

aforesaid period of …………………….. days and it shall continue to be so enforceable till all

the dues of JVVNL under or by virtue of the said tender have been fully paid and its

claims satisfied or discharges or till JVVNL certifies that the terms and conditions of the

said tender have been fully and properly carried out by the said Bidder(s) and

accordingly discharges this guarantee. Unless a demand or claim under this guarantee is

made on us in writing on or before the …………………………………….. We shall be

discharged from all liability under this guarantee thereafter.

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5. We, the …………………………………………………….. (Indicate the name of the Bank) further

agree with JVVNL that JVVNL shall have the fullest liberty without our consent and

without effecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tender or to extend time of performance by the said Bidder(s) from

time to time or to postpone for any times or from time to time only of the powers

exercisable by JVVNL against the tender Bidder(s) and to forebear or enforce any of the

terms and conditions relating to the said tender and we shall not be relieved from our

liability by reason of any such variation, postponement or extension being granted to the

said Bidder(s) or for any forbearance act or omission on the part of JVVNL or any

indulgence by JVVNL to the said Bidder(s) or by any such matter or thing what-so-ever

which under the law relating to sureties would, but for this provision, have effect of so

relieving us.

6. This guarantee will not be discharged due to the change in the name, style and

constitution of the Bank or the Bidder(s).

7. We, the …………………………………………………….. (Indicate the name of the Bank) lastly

undertake not to revoke this guarantee during its currency except with the previous

consent of JVVNL in writing.

Dated, the ………………………………… day of ……………………………………

Witness:

1.

2.

For ……………………………………

(Indicate name of Bank)

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Annexure 7: Notification of Electricity Duty

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Annexure 8: Details of projects approved under schemes of Government of

India or the State Government or any Department or Undertakings thereof

or any multilateral funding organizations

A. Restructured Accelerated Power Development and Reforms Programme (R-

APDRP)

Ministry of Power, Govt. of India, has launched the Restructured Accelerated Power

Development and Reforms Programme (R-APDRP) in the XI Five year Plan. Power

Finance Corporation Limited (PFC) has been designated by Ministry of Power, Govt. of

India as the Nodal Agency for the programme. The programme spans from data

acquisition at distribution level till monitoring of results of steps taken to provide an IT

backbone and strengthening of the Electricity Distribution system across the Country

under the programme. The objective of the programme is reduction of AT&C losses to

15% in project areas. The program is divided into 2 parts: Part-A and Part-B.

The Programme:

Programme consists of Part-A covering Information Technology application in the

electricity distribution system and Part B covering the System strengthening,

improvement and augmentation of distribution system capacity. Both parts entail

planning of measures to be taken under the programme, implementation of such

measures to be taken and monitoring / evaluation of results /impact of the programme

as a whole and of its various components across the Country. The focus of the

programme shall be on actual, demonstrable performance in terms of loss reduction.

Establishment of reliable and automated systems for sustained collection of accurate

base line data, and the adoption of Information Technology in the areas of energy

accounting will be essential for the success of the R-APDRP.

The activities to be covered under each part are as follows:

Part – A: Preparation of Base-line Data System for the project area covering Consumer

Indexing, GIS Mapping, Automatic Metering (AMR) on Distribution Transformers and

Feeders, and Automatic Data Logging for all Distribution Transformers & Feeders and

SCADA / DMS system. It would include Asset Mapping of the entire distribution network

at and below the 11kV transformers and include the Distribution Transformers and

Feeders, Low Tension lines, poles and other distribution network equipment. It will also

include adoption of IT applications for meter reading, billing & collection; energy

accounting & auditing; MIS, Redressal of consumer grievances and establishment of IT

enabled consumer service centres etc.

Part – B: It covers renovation, modernization and strengthening of 33/11 kV level

Substations, Transformers, Re-conductoring of lines at 11kV level and below, Load

Bifurcation, Feeder segregation, Load Balancing, Aerial Bunched Conductoring in thickly

populated areas, HVDS, installation of capacitor banks and mobile service centers etc. In

exceptional cases, where sub-transmission system is weak, strengthening at 33 kV levels

may also be considered.

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Page 73 of 77

Status of R-APDRP in Bharatpur

Details of planned capital work under R-APDRP Part-B in Bharatpur city are as mentioned below:

Summary of Project Cost of R-APDRP Part-B

Sl. Particular Project

Cost (Rs. Lac)

A Sub Transmission System Improvement Work

A1 33/11 KV or 66/11 KV SS : New 107.46

A2 33/11 KV or 66/11 KV SS : Additional Transformer 43.87

A3 33/11 KV or 66/11 KV SS : Transformer capacity enhancement -

A4 New 33 KV feeders/Bifurcation 60.63

A5 33 KV feeders Reconductoring/Augmentation -

A6 33/11 KV or 66/11 KV SS : Installation of remote switchable breaker/switches -

A7 33 kV or 66 KV Line : Installation of remote switchable breaker/switches -

A8 33 kV or 66 KV Line KV Line : Installation of remote commnuicable FPIs (O/C&E/F)

-

A9 33 kV or 66 KV Line Bay Extension at EHV station -

A10 11 kV Line : New Feeder/ Feeder Bifurcation 593.89

A11 11 kV Line : Reconductoring/Augmentation 41.40

A12 11 kV Line : Installation of automated RMUs alongwith aux power supply to operate sw/breaker -

-

A13 11 kV Line :- Installation of remote communicable FPIs ( O/C&E/F) -

A14 11 kV Line : Installation of remote switchable breakers along with aux power supply to operate sw/breaker

-

A15 11 KV Bay Extension 14.31

A16 Renovation & Modernisation of 33/11 kV SS 106.50

A17 Installation of Distribution Transformer 318.45

A18 Capacity enhancement of LT sub-station 139.80

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Page 74 of 77

Sl. Particular Project

Cost (Rs. Lac)

A19 Installation of remote operable switches for breaker/switches operation for Distribution Transformer alongwith aux power supply to operate sw/breaker *

-

A20 LT Line : New Feeder/ Feeder Bifurcation 1,385.96

A21 LT Line : Augmentation 62.23

A22 Capacitor Bank -

A23 Installation of remote operable switches for breaker/switches operation for cap bank alongwith aux power supply to operate sw/breaker *

-

A24 Aerial Bunched Cables 143.28

B HVDS -

C Metering -

82.18

D Mobile Service Centre 11.00

E Others 395.64

Grand Total

3,506.60

R-APDRP Part-B is for strengthening of distribution Network of town area. The execution of work

under R-APDRP is under process.

The status is given in the following table: -

Sl. Scope of Work

Name of

the

Contractor

Contract

Period

Total

Contract

Value

(Rs. Cr.)

% work

completed

(Rs. Cr.)

Source of

Funding

1 R-APDRP(B)- System

Strengthening work

M/s Vaishno

Associates

2 years

(from FY 12-

13 to FY 14-15)

30.96 85.08% GoI/Ministry

of Power

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Page 75 of 77

Annexure 9: Order on RERC approved depreciation rate

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Annexure 10: Detailed report on audited Average Billing Rate

Page 139: RFP Bharatpur City

Energy & Utilities

Final Report

Jaipur Vidyut Vitran Nigam Limited (JVVNL) Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

6 October 2015

Page 140: RFP Bharatpur City

PricewaterhouseCoopers Private Limited, Building No. 10, 17th Floor, Tower C, DLF Cyber City, Gurgaon - 122 002 T: +91(124) 330 6000, F: +91(124) 330 6999, www.pwc.com/india

CIN: U74140WB1983PTC036093 Registered Office: Plot No. Y-14, Block EP, Sector V, Salt Lake, Kolkata – 700 091

To,

Shri K.L. Gupta,

Officer on Special Duty (ATR)

Jaipur Vidyut Vitran Nigam Limited (JVVNL)

Vidyut Bhawan, Jyoti Nagar

Jaipur-5

6 October 2015

Reference: Work Order vide Ref No. JPD/OSD (Rev.)/Rev-II/F.703/D.2418 dated 23 July 2015 and its subsequent

amendment vide Ref No. JPD/OSD (Rev.)/Rev-II/F.703/D.2458 dated 29 July 2015

Dear Sir,

Subject: Submission of Final Report for the Bharatpur City under the assignment ‘Independent Review of Energy Audit

methodology for selected Distribution Franchisee towns of Kota & Bharatpur for the F.Y. 2014-15’

This is with reference to our assignment as mentioned in the subject awarded to us via your office as mentioned in

‘Reference’ above.

At the onset, we appreciate the support, in terms of data and timely inputs, provided to us for the completion of the same.

The reports for Bharatpur city has been prepared based on the base data for FY 2014-15, which was required for analysis

under this assignment, and has been duly taken from JVVNL. Our conclusions are based on completeness and accuracy of

stated facts in the report; which if not entirely complete or accurate, should be communicated to us immediately; as such

inaccuracy or incompleteness could have impact on the conclusions.

We have taken all reasonable steps to ensure that the information contained in the reports has been obtained from reliable

sources and the submitted reports are in accordance to the information provided as well the approach and assumption and

considered by us while reviewing the specific parameters required as per the scope of work. Broadly, there were five key

areas in this assignment where we provided the support. The five key areas and our broad approach has been mentioned

below for your reference:

1. Independent assessment of input energy (Mar’14 – Feb’15) being injected in FY 2014-15 : The focus of this phase was

to conduct an independent assessment study for ascertaining the net energy input in Bharatpur city area in FY 14-15.

Preliminary data for the same was collected from Discom. We conducted field visits for collecting MRI data for all the

feeder meters to verify the log book records with meter information. At some places MRI data was not available, such

exceptions and appropriate treatment has been duly mentioned in the reports. Then, log book records maintained at

substation were compared with meter records as captured by MRI based meter readings. A deviation factor was

calculated based on this comparison and the same was applied on log book data to compute the input energy.

2. Computation of variation in energy billed based on review of methodology of Energy billed and from the MIS

reported, if any: The information pertaining to energy billed (MIS billing records and input advices) have been

collected from the Discom. The energy billed broadly consisted of two parts, (a) energy sales corresponding to billing

records for metered & unmetered consumer categories, (b) adjustments in energy sales as per the input advices being

sent to billing agencies by subdivisions. The input advices comprises of (i) sundry reports (CB-4, CB-12, CB-15) and (ii)

MS-14 reports. The focus of this phase was to assess the correctness of adjustments in energy sales done by

subdivisions. For this, we visited the concerned subdivisions and analysed the entries under input advices with the

subdivision records. The entries under the input advices were very large in number, thus a reasonable sample size

(>25%), was considered for obtaining a high confidence level and for timely completion of the assignment. Based on

our assessment of the input advices, we derived the correction factors for adjustments under energy sales. The

correction factor as assessed for adjustments under the energy sales was suitably applied to obtain the revised

adjustments under energy sales. The same were added to energy sales corresponding to the billing record to obtain

category wise energy sales for Bharatpur City.

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3. Review of Methodology for ABR and computation of variation from MIS, if any: The ABR has been computed using

the revenue billed divided by energy sales. The revenue billed and energy sales broadly consisted of two parts, (a)

revenue billed and energy sales corresponding to billing records for metered & unmetered consumer categories, (b)

adjustments in revenue billed & energy sales as per the input advices. As mentioned above, for reviewing its

methodology, we visited the subdivisions to assess the corrections in adjustments in revenue billed & energy sales

done by subdivisions. The correction factors were suitably applied for deriving the adjustments under revenue billed

and energy sales and subsequently overall consumer category wise revenue billed. Using the derived values, ABR has

been assessed and provided in the reports. During the assessment of entries under sundry reports, we observed certain

anomalies pertaining to misallocation of sundry entries under different consumer categories and adjustment codes. It

is pertinent to mention that such misallocations may not have impacted the overall ABR but would have impacted the

computation of consumer category wise ABRs. Meanwhile, on the basis of sample entries checked and analysed, we

have tried our best to correct and adjust such misallocations while computing the energy sales and revenues.

4. Assessment of Distribution Losses on basis of the above: Using the derived values for input energy and energy sales,

the distribution losses were assessed and have been provided in the reports.

5. Review of collection efficiency and outstanding dues for FY 2014-15: The information pertaining to revenue

realization and outstanding dues was collected from Discom. Collection efficiency in the reports has been shown along

with arrears as the Discom does not have a system to record age wise arrears. Further, to cross verify the realization

values, we enquired from the Utility regarding the remittance in bank of the revenue collection pertaining specifically

to the Nigam Dues as provided in the MIS. The Utility informed us that the component wise segregation of revenue

remitted to Bank is not available; the remittance in Bank is a collective figure which includes all the revenue

components including subsidy, adjustments, nigam dues and other dues including electricity duty, urban cess, etc.

They also informed us that such bifurcation is only possible at a circle level and is also not available at the city level.

Thus we have only vetted the revenue realization as per the information (provided to us by the Discom) available

pertaining to Bharatpur City.

As mentioned above, there have been several instances where we used suitable assumptions and appropriate sample sizes

for computing the deviation factors and correction factors for assessing values pertaining to input energy, energy sales and

revenue billed. Further, values pertaining to revenue realization and outstanding dues could not be validated as mentioned

above and were taken from Discom. In the entire exercise during our conduct of this assignment, we have taken all

reasonable steps to reach to an appropriate confidence level while presenting the conclusions.

Please feel free to get back to us in case of any clarification.

Yours Sincerely,

Sambitosh Mohapatra

Partner

PricewaterhouseCoopers Private Limited

Building No. 10, Tower - C, 17th Floor,

DLF Cyber City, Gurgaon - 122 002

Email: [email protected] Telephone (Direct): +91 (124) 330 6008

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Disclaimer

This report has been prepared based on the information provided by JVVNL. The base data for FY 2014-15,

which was required for analysis under this assignment, has been taken from the Discom. Our conclusions are

based on the completeness and accuracy of the stated facts in the report; which if not entirely complete or

accurate, should be communicated to us immediately, as the inaccuracy or incompleteness could have a

material impact on our conclusions.

We have taken all reasonable steps to ensure that the information contained herein has been obtained from

reliable sources and that this report is accurate and authoritative in all respects.

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Acronyms

Acronym Meaning

ABR Average Billing Revenue

Agri Agriculture

ARO Assistant Revenue Officer

CAO Chief Accounts Officer

CB Computerized Billing Input Advise Format

CC&AR Consumer Charges and Allowances Register

Discom Distribution Company

DPS Delayed Payment Surcharge

DT Distribution Transformer

ED Electricity Duty

FY Financial Year

JVVNL Jaipur Vidyut Vitran Nigam Limited

KW Kilowatt

kWh Kilowatt Hour

M&P Metering and Protection

MIS Management Information System

MS Manual Billing Input Advice Format

MU Million Units

O&M Operations and Maintenance

PwC PricewaterhouseCoopers Pvt Limited

RERC Rajasthan Electricity Regulatory Commission

SDO Sub Divisional Offices

TCOS-2004 Terms and Conditions of Supply- 2004

U/R/T Urban/Rural/Total

UC Urban Cess

VCR Vigilance Commission’s Report

WCC Water Conservation Cess

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Table of contents

Disclaimer 4

Acronyms 5

1. Background 8

1.1. Introduction 8

1.2. Objective of the Study 8

2. Independent assessment of Input Energy 9

2.1. Approach followed for the independent assessment of Input Energy 9

2.1.1. Step I: Project kick off and preliminary data collection 9

2.1.2. Step II: Collection and compilation of feeder (input point) energy records as per field records 10

2.1.3. Step III: Verification of energy records (log book) with meter records 10

2.1.4. Step IV: Treatment of variation (field records vis a vis meter records) 11

2.1.5. Step V: Assessment of input energy 11

2.2. Computation of input energy for Bharatpur city 12

2.2.1. Preliminary data collection and field validation 12

2.2.2. Collection and compilation of feeder (input point) energy records as per field records 13

2.2.3. Verification of energy records (log book) with meter records and treatment of variation 14

2.3. Summary of observations and treatment to be applied for assessment of input energy 16

2.3.1. Deviation factor 16

2.3.2. Multiplying factor adjustment 16

2.3.3. Correction factor adjustment 17

2.4. Assessment of input energy 20

3. Independent review of methodology for Energy Sales and Revenue Billed 22

3.1. Approach followed for the independent review of revenue billed and energy sales 22

3.1.1. Step I: Data Collection from various sources 22

3.1.2. Step II: Segregation and segmentation of the data 22

3.1.3. Step III: Conduct of field visits for subdivision audits for assessing corrections under input advices23

3.1.4. Step IV: Computation of Net Revenue Billed and Energy Sales 26

3.2. Estimation of Net Revenue Assessment and Energy Sales 27

4. Distribution Losses, Average Billing and Revenue Realization for Bharatpur City 28

4.1. Computation of Distribution Losses, ABR, Revenue Realization and Outstanding Arrears 28

4.1.1. Losses and Average Billing and Revenue Realization for Bharatpur City considered for Distribution Franchisee 28

4.1.2. Category wise Unit Sales (MUs) for Bharatpur City 29

4.1.3. Category wise Revenue Billed and Collected (Rs. Cr.) for Bharatpur City 29

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4.1.4. Category wise Outstanding Arrears* (Rs. Cr.) upto March’14 and March’15 for Bharatpur City 30

Appendices 31

I. Field verification letter 31

II. Energy injected in Bharatpur city from 132/33/11 KV Moti jheel GSS 35

III. Energy injected in Bharatpur city from 220/132/33KV Ricco GSS 36

IV. Field confirmation 37

V. Subdivision wise adjustments made under energy sales and revenue assessment 42

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1. Background

1.1. Introduction

Bharatpur is the eastern gateway of Rajasthan connecting state to Uttar Pradesh, Haryana and National Capital

Region. In electrical terms, Bharatpur district is catered by Bharatpur Electrical Circle of electricity distribution

company, Jaipur Vidyut Vitran Nigam Limited (JVVNL). Bharatpur Electrical Circle is responsible for

distribution of electricity to approximately 67,940 consumers of Bharatpur.

Bharatpur Electricity Circle is further divided in to five electricity divisions. These divisions are further divided

into subdivisions to manage distribution and retail operations in the area. Presently there are 03 subdivisions in

Bharatpur City named as A1,A2,A3, thus this study includes assessment under all 03 nos. of subdivisions.

1.2. Objective of the Study

JVVNL intends to appoint distribution franchisee in Bharatpur City area which is majorly being catered by

the Electricity Division of Bharatpur under Bharatpur Electrical Circle. In view of this initiative, JVVNL intends

to conduct following activities:

For conducting the above mentioned activities, JVVNL awarded the study to PwC. For conducting this study, PwC conducted field visits across various substations and subdivisions in the Bharatpur city area. The two broader tasks under this study were (1) Independent assessment of Input Energy and (2) Independent assessment of Revenue Billed and Energy Sales, further leading to the assessment of Distribution Losses and Average Billing Revenue (ABR). This report, under its subsequent sections, presents the approach followed for completion of aforementioned activities along with the results of the study.

Independent assessment of input energy being injected in the Bharatpur city in FY 2014-15 (March 2014 to April 2015)

Computation of variation in energy billed based on review of methodology of energy billed and from the MIS reported, if any

Assessment of Distribution Losses on basis of the above

Review of Methodology for ABR and computation of variation from MIS, if any

Review of collection efficiency and outstanding dues for FY 2014-15

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2. Independent assessment of Input Energy

2.1. Approach followed for the independent assessment of Input Energy

The focus of this phase of the assignment was to conduct an independent assessment study for ascertaining the net energy input in Bharatpur city area in FY 14-15. It is pertinent to mention here that as per the consumer billing practices followed in Rajasthan, the energy injected in a month “X” is being billed in month “X+1”. Thus, it may be inferred that the energy billing/sales which has happened in the month of April 2014 is based on the energy injected in the month of March 2014.

Similarly, the energy billing/sales which have happened in the month of March 2015 is based on the energy injected in the month of February 2015. Therefore, to assess the distribution loss levels for FY 15, independent input energy assessment study is being done for a period of March 2014 to February 2015.

The approach followed for independent assessment of input energy is discussed as follows:

The key activities conducted in each of these steps are summarized as follows:

2.1.1. Step I: Project kick off and preliminary data collection

The project has been initiated on July 29, 2015 with a kick off meeting with JVVNL executives and its

consultant for appointment of distribution franchisee. The following aspects were discussed during the project

kick off meeting

· Broad level approach for independent assessment of the input energy

· Understanding of network configuration/topology in Bharatpur and collection of preliminary data collection. The following network attribute details have been collected

Step V

Assessment of input energy

Step IV

Treatment of variation (field records vis a vis meter records)

Step III

Collection of energy injected data from meter records

Step II

Collection and compilation of feeder energy records as per field records

Step I

Project kick off and prelimnary data collection

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- Details of 220/132/33/11 KV points(feeders) catering to Bharatpur city

- Details of EHV substations from which these points/feeders are originating

- Details of 33 KV and 11 KV cross over points exporting electricity outside Bharatpur city area

- Details of open access consumers existing in Bharatpur city and billing information of such consumers for FY 15

- Energy injected by JVVNL in Bharatpur as per their records

Based on the discussions and preliminary data provided, the team has initiated the assignment at Bharatpur. As

a first step, the preliminary information collected from head office has been validated from the field at

Bharatpur circle office. It has been observed that there were certain deviations in the preliminary information

provided and actual network infrastructure existing at Bharatpur. In such circumstances, the field level (circle

office) information of actual infrastructure has been considered for conducting the study.

2.1.2. Step II: Collection and compilation of feeder (input point) energy records as per field records

The specific approach and key activities carried out in this step are:

· Collection of energy injected data in the input points (feeders) from March 2014 to July 2015. This month wise energy injected information for all the input points has been collected from the log book/joint meter reading records of EHV substation;

· No log book specific record of boundary meter reading has been provided. Therefore, MRI reading of boundary meter has been taken to assess the energy exported. A ratio of energy injected in the network of Bharatpur city and energy sent out from the network has been calculated for the period for which MRI data was available. The total energy sent out for the previous months (for which MRI reading of boundary meter is not available) has been calculated assuming same ratio;

· The boundary points in Bharatpur are at HT level (11 KV level) and the quantum exported with respect to total energy injected was negligible (0.022%). Since it is difficult to segregate voltage level wise losses and also the energy loss for such a small quantum of export would be negligible. Therefore the energy sent out has been reduced from the total energy injected to assess the net energy input without accounting any losses.

2.1.3. Step III: Verification of energy records (log book) with meter records

Subsequently, MRI data has been collected for all the feeder meters to verify the log book records with meter

information. It is pertinent to mention here that

· Despite of repetitive efforts, MRI reading of all the meters could not happened due to software related issues. At Bharatpur, MRI readings of 11 outgoing feeder has been received out of 12 outgoing feeders. MRI reading of 132 KV Railway feeder has not been received.

· Also, the energy meters installed on input points (feeders) were capable of storing the data for a period of 75-100 days. Therefore, vetting of energy injected data could only be done for this time period.

Meanwhile, MRI reading of energy meters installed at cross over points has also been collected to ascertain the

energy exported from Bharatpur city.

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2.1.4. Step IV: Treatment of variation (field records vis a vis meter records)

In this phase, log book records maintained at substation were compared with meter records as captured by MRI

based meter readings. A deviation factor has been calculated for input energy based on three months MRI data

for each feeder (input point) and as per the log book. In certain cases, wherein the MRI data has not been

arranged, calculation of deviation factor has not been carried out.

The following scenarios have been created to calculate the deviation factor for each feeder.

Scenario Log book data

MRI Data Energy injection through bus coupler*

Benchmark energy

Deviation factor (DF) calculation

A B C D E F

I √ √ √ E= C+D

DF = E-B/B II √ √ X E = C

III √ X √ E=B

IV √ X X E=B *It is pertinent to mention here that as per the practices being followed in O&M function, there are instances wherein the energy has been

supplied to a particular feeder through bus coupler for short period of time to conduct maintenance related activities. Such energy injected

has not been captured in the energy meter of the feeder, however, has been captured in the energy meter installed on the bus coupler and

was manually adjusted in the monthly log books.

It is pertinent to mention here that following exceptions are applicable for finalizing deviation factor to be

applied on feeder level energy injected in previous months to assess the input energy in FY15.

· Exception I: In case MRI based meter reading is not available, the energy injected information/data as per the log book has been considered;

· Exception II: In case the deviation between meter records (as per MRI readings) and log book records is less than 0.5%. The same has been ignored considering the time stamp variation between MRI reading and log book reading. Log book reading has been considered for assessment of energy injected;

· Exception III: In case the deviation between meter records (as per MRI readings) and log book records is more than 0.5%, the deviation factor considered or treatment of variation has been finalised based on case to case discussions with field incharge (Superintending Engineer, Bharatpur) and his team. The specific treatment agreed with the field incharge is mentioned in report while discussing such feeder level variation.

2.1.5. Step V: Assessment of input energy

The input energy has been assessed based on the log book data after applying suitable deviation factor as discussed in aforementioned section. The MRI data for the period under consideration (March 2014 to February 2015) was not available and therefore no MRI data has been considered. Further, a correction factor has been calculated for entire city/area based on incomer feeder and outgoing feeder energy records. The energy injected in each feeder (input point) is accordingly adjusted with deviation factor to assess the input energy during March 2014 to February 2015. The subsequent section details out the exercise carried out to assess the input energy of Bharatpur based on the approach discussed.

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PwC

2.2. Computation of input energy for Bharatpur city

2.2.1. Preliminary data collection and field validation

As per the preliminary information provided, Bharatpur city area is being fed by 2 nos. of 132 KV feeders, 7 nos.

of 33 KV feeders and 4 nos. of 11 KV feeders. The details of these feeders are as follows:

S. No. Name of the GSS Transformer No & Capacity

Voltage Name of the Feeders

Feeding SS/ Area

1

132/33/11 KV GSS

132/33 KV Tr-1 , 25MVA

33KV 33 KV O/G- I/A I/A

2 33KV

33 KV O/G- Chambal

PHED-Water works

3 33KV

33 KV O/G- Heradas

SJ Nagar, Heradas

4 132/33 KV Tr-2 , 25MVA

33KV 33 KV O/G- Co. Bagh (Red cross)

SJ Nagar, Red Cross, SPM Nagar, Choburja

5

132/11 KV 10 MVA Transformer

11KV 11 KV O/G-City Moti jheel

6 11KV

11 KV O/G-Wagon Factory

Ekta Vihar, Giriraj colony, Stn road, Bajaria

7 11KV 11 KV O/G-Colony

Cantt area, JVVNL colony Moti jheel

8 11KV 11 KV O/G- MES Cantt area

1

220/132/33KV GSS RIICO

132/33 KV Tr-1 & Tr-2, 20/25 MVA

33KV

33 KV O/G- Co. Bagh

Saras, Company Bagh

2 33 KV O/G- RIICO RIICO

3 220/132 KV Tr-1,2 & 3

132 KV Railway 1 & 2 Railway Traction

4 132/33 KV Tr-1 & 2, 20/25 MVA

33 KV BPCL BPCL

Further, as per the preliminary information provided, there are 7 cross over points in Bharatpur city which are

exporting power outside the city area. The details of such cross over points are as follows:

Cross over points

Name of Feeder Voltage Name of 33/11 kV S/S

ITI 11KV OIA

IOC 11KV OIA

Malah Water works 11KV Swarn Jayanti Nagar

Pakka Bag 11KV Saras

SPM Nagar 11KV SPM Nagar

Kadam Kunj 11KV Saras

Jaswant Nagar 11KV Hiradas

During field validation, it has been informed by the field office that the input points information as provided by

corporate office of JVVNL is correct, however there is only one cross over point (11 KV ITI feeder) which is

exporting power outside Bharatpur city. Rest 6 cross over points (as discussed in aforementioned table) are

either completely rural or are completely urban. The letter provided by concerned field officer is attached as

Appendix I to this report.

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PwC

2.2.2. Collection and compilation of feeder (input point) energy records as per field records

As stated in aforementioned section, Bharatpur city is being fed from two EHV substations. The configuration

and feeder wise energy injected data for April 2014 to February 2015 as collected from the log books of EHV

Substations is discussed in subsequent sub sections.

2.2.2.1. 132/33/11 KV GSS (Moti Jheel)

132/33/11 KV GSS at Moti Jheel has a total transformation capacity of 60 MVA. This substation has 3 nos. of

power transformers as mentioned below:

· 132/33 KV Transformer –I – 25 MVA

· 132/33 KV Transformer – II – 25 MVA

· 132/11 KV Transformer – III – 10 MVA

The substation configuration is provided in the following diagram:

The month wise feeder wise energy injected in city feeders (As per log book) as discussed in section 2.2.1 is

enclosed as Appendix II. Further, the energy exported from Bharatpur as per step II of the approach (section

2.1.2) is also being captured here.

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PwC

2.2.2.2. 220/132/33 KV Ricco GSS

220/33/11 KV Ricco GSS has a total transformation capacity of 40/50 MVA at 132/33 KV level. This substation

has 2 nos. of power transformers at 132/33 KV level each having capacity of 20/25 MVA. The SLD of substation

from 132 KV is provided below:

The month wise feeder wise energy injected in city feeders (As per log book) as discussed in section 3.1 is

enclosed as appendix III.

From the energy input records provided in appendix II and III, the total energy injected in Bharatpur city

during March 2014 to February 2015 comes out to be 3087.7 LU.

2.2.3. Verification of energy records (log book) with meter records and treatment of variation

In order to verify the energy injected data captured in log sheets of EHV substations, MRI readings of feeder

meters (input points) have been taken. The energy meters installed on input points (feeders) were capable of

storing the data for a period of 75 to 100 days. Therefore, vetting of energy injected data has been done for June

2015 and July 2015. A deviation factor and subsequent treatment/consideration of deviation factor for each

feeder has been defined as per the principles discussed in the approach section.

This feeder specific deviation factor has been applied uniformly on energy injected data of all months of billing

year 2015. The feeder wise analysis and deviation factor is discussed in following sub sections.

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PwC

2.2.3.1. 132/33/11 KV GSS (Moti jheel)

The feeder wise verification of energy injected data is discussed below:

S.No Name of Feeder

Energy injected (LU) (May to July 2015)

As per log book

Bench mark energy (MRI data + energy

supplied through Bus coupler (if captured))

Deviation factor

(DF)

Treatment

1 33 KV O/G feeder IA 26.5480 26.5590 0.04%

Variation is less than 0.5%, so no DF has been applied. Input energy is same as captured in the log book.

2 33 KV O/G feeder Chambal

4.9800 4.9800 0.00%

3 33 KV O/G feeder Heeradas

200.6740 200.6770 0.00%

4 33 KV O/G feeder C. Bagh

190.5590 190.5600 0.00%

5 11 KV O/G feeder City 6.0534 6.0545 0.02%

6 11 KV O/G feeder W. Factory

31.9005 31.9033 0.01%

7 11 KV O/G feeder Colony

1.0002 0.5005 -49.96% The feeder protection equipments have been checked/ tested in presence of protection team of Transco. During the testing it has been observed that the CT ratio was changed in the protection system installed in the field and necessary corrections have not been made in the meter. Therefore, the consumption captured by meter is exactly half for colony feeder and doubled for MES feeder. It has been clarified that the calculation made in log book are correct and no deviation factor is required to be applied.

8 11 KV O/G feeder MES

7.8586 15.7295 100.16%

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2.2.3.2. 220/132/33 KV RICCO GSS

The feeder wise verification of energy injected data is discussed below:

S.No Name of Feeder

Energy injected (LU) (May to July 2015)

As per log book

Bench mark energy (MRI data + energy supplied through Bus coupler (if captured))

Deviation factor (DF)

Treatment

1 132 KV O/G feeder Railways 1&2 88.1952 MRI not captured

-

No DF applicable

2 33 KV O/G feeder C. Bagh 201.7700 201.7710 0.00% Variation is less than 0.5%, so no DF has been applied. Input energy is same as captured in the log book.

3 33 KV O/G feeder RIICO 103.1700 103.1480 -0.02%

4 33 KV O/G feeder BPCL*

7.4700 7.4770 0.09%

2.3. Summary of observations and treatment to be applied for assessment of input energy

The key observations and applicable treatments to such observations to be applied to assess input energy of

Bharatpur city are discussed as follows:

2.3.1. Deviation factor

As discussed in section 2.2.3, the feeder wiser energy input data as per logbook and as per MRI based reading is

observed to be within a variation range of 0 to 0.5%. Thus no deviation factor has been applied on energy input

data of any of the feeder/input point.

2.3.2. Multiplying factor adjustment

33 KV outgoing feeder BPCL, originating from 220 KV RICCO GSS, observed to have a skewed energy input

pattern. The monthly energy injected in the feeder for March 2014 to February 2015 varies from 0.00 LU to

2.48 LU. On detailed analysis, it has been observed that the multiplying factor for April 2014 to November 2014

has been considered as 1, however, it has been 1000 for rest of the months. The month wise energy record of the

feeder as per the log book is as follows:

Month Initial reading

Final reading

Difference in reading

Multiplying factor

Consumption (LU)

March 2014 41855 42032 177 1000 1.7700

April 2014 42032 42165 133 1 0.00133

May 2014 42165 42331 166 1 0.00166

June 2014 42331 42534 203 1 0.00203

July 2014 42534 42636 102 1 0.00102

August 2014 42636 42829 193 1 0.00193

September 2014 42829 43060 231 1 0.00231

Page 155: RFP Bharatpur City

Final Report

Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC

October 2014 43060 43382 322 1 0.00322

November 2014 43382 43667 285 1 0.00285

December 2014 43667 43911 244 1000 2.440

January 2015 43911 44083 172 1000 1.720

February 2015 44083 44259 176 1000 1.760

Total 7.7063

It may be inferred that changing multiplying factor has led to the skewed energy input pattern. The multiplying

factor for April 2014 to November 2014 has been corrected to 1000 and energy injected has been recalculated to

assess the energy injected in 33 KV outgoing BPCL feeder. The revised energy consumption considered for this

feeder is as follows:

Month Initial reading

Final reading

Difference in reading

Multiplying factor

Consumption (LU)

March 2014 41855 42032 177 1000 1.77

April 2014 42032 42165 133 1000 1.33

May 2014 42165 42331 166 1000 1.66

June 2014 42331 42534 203 1000 2.03

July 2014 42534 42636 102 1000 1.02

August 2014 42636 42829 193 1000 1.93

September 2014 42829 43060 231 1000 2.31

October 2014 43060 43382 322 1000 3.22

November 2014 43382 43667 285 1000 2.85

December 2014 43667 43911 244 1000 2.44

January 2015 43911 44083 172 1000 1.72

February 2015 44083 44259 176 1000 1.76

Total 24.04

The total energy injected in 33 KV outgoing BPCL feeder has been considered as 24.04 LU as per the

aforementioned table.

2.3.3. Correction factor adjustment

It has been observed that there is a deviation/variation in energy recorded in incomer feeders (33 KV or 11 KV)

and outgoing feeders (33 KV or 11 KV) at same substation. On detailed analysis, it has been found that this

variation is on account of different accuracy class of protection equipments/meters installed.

The accuracy class of protection equipments/meters installed on incomer feeders is higher as compared to the

one installed on outgoing feeders. The same may be observed from the following data:

Page 156: RFP Bharatpur City

F

inal R

eport

Jaip

ur

Vid

yut V

itra

n N

igam

Lim

ited (

JV

VN

L)

- F

inal R

eport

for

Independent

Revie

w o

f E

nerg

y A

udit m

eth

odolo

gy f

or

sele

cte

d D

istr

ibution F

ranchis

ee t

ow

n o

f B

hara

tpur

for

the F

.Y. 2014-1

5

Pw

C

13

2 K

V M

oti

jh

ee

l G

SS

Mo

nth

En

er

gy

re

co

rd

ed

in

in

co

me

r f

ee

de

r (

LU

) E

ne

rg

y r

ec

or

de

d i

n o

utg

oin

g f

ee

de

r (

LU

) D

iffe

re

nc

e (

To

tal

inc

om

er

-

To

tal

ou

tgo

ing

)

% d

iff.

w

rt

inc

om

er

d

ata

33

KV

I/

C 1

3

3 K

V

I/C

2

11

KV

I/

C 1

Au

x.

co

ns.

Ne

t e

ne

rg

y

inje

cti

on

33

K

V

O/G

U

cc

ha

in

33

K

V

O/G

A

jan

33

Kv

O

/G

IA

33

K

V -

O/G

C

ha

mb

al

33

K

V -

O

/G

He

er

ad

as

33

K

V -

O

/G

Co

mp

an

y

Ba

gh

11 K

V

O/G

C

ity

11 K

V

O/G

W

ag

on

F

ac

tor

y

11 K

V

O/G

C

olo

ny

11 K

V

O/G

M

ES

11

KV

O

/G

No

7

To

tal

Ma

r-14

9

2.6

1 8

9.9

0

14.9

0

0.0

4

197

.37

5

3.8

7

20

.11

13.8

9

0.5

2

51.

57

4

1.7

6

0.0

7

10.5

0

0.2

6

1.6

1 1.

45

19

5.6

1 1.

76

0

.89

%

Ap

r-14

9

4.1

7

92

.05

13

.64

0

.04

19

9.8

1 4

4.9

2

15.2

4

11.6

8

0.6

7

61.

10

52

.55

0

.05

10

.33

0

.26

1.

71

0.0

0

198

.52

1.

29

0

.65

%

Ma

y-1

4

105

.13

10

2.6

2

15.6

9

0.0

5

22

3.3

9

37

.81

22

.68

12

.09

0

.85

6

7.3

4

66

.71

0.0

7

11.4

0

0.3

3

2.0

7

0.0

0

22

1.3

5

2.0

4

0.9

1%

Ju

n-1

4

99

.50

9

8.7

0

15.4

4

0.0

5

213

.59

3

5.4

7

20

.70

10

.82

0

.96

5

9.4

0

70

.73

0

.08

11

.00

0

.34

2

.06

0

.00

2

11.5

5

2.0

4

0.9

6%

Ju

l-14

9

3.2

3

91.

80

17

.23

0

.04

2

02

.22

3

5.3

9

21.

57

9

.78

1.

07

4

6.1

2

71.

09

0

.08

12

.60

0

.34

2

.22

0

.00

2

00

.26

1.

96

0

.97

%

Au

g-1

4

95

.31

93

.54

14

.65

0

.05

2

03

.46

3

8.2

4

22

.43

8

.54

1.

06

5

4.0

8

64

.54

0

.08

10

.09

0

.32

2

.10

0

.00

2

01.

47

1.

98

0

.97

%

Sep

-14

9

0.4

8

88

.47

14

.12

0

.04

19

3.0

3

37

.28

2

1.6

2

9.0

2

1.0

7

50

.22

6

0.0

0

0.0

7

10.1

2

0.3

0

1.9

8

0.0

0

191.

67

1.

36

0

.70

%

Oct

-14

9

5.0

0

92

.76

13

.45

0

.05

2

01.

16

50

.21

24

.21

10.3

3

1.17

4

9.0

7

52

.50

0

.05

9

.38

0

.28

1.

82

0

.00

19

9.0

3

2.1

3

1.0

6%

No

v-1

4

86

.60

8

5.1

5

12.7

3

0.0

4

184

.44

5

7.3

2

22

.78

12

.08

1.

14

38

.37

4

0.3

0

0.0

3

10.0

2

0.2

5

1.5

8

0.0

0

183

.90

0

.54

0

.30

%

Dec

-14

10

1.2

0

99

.13

15

.75

0

.04

2

16.0

4

63

.33

2

6.9

8

13.4

1 1.

29

5

3.1

9

42

.10

0

.03

12

.03

0

.36

2

.17

0

.00

2

14.8

9

1.15

0

.53

%

Ja

n-1

5

103

.34

10

0.4

9

15.0

3

0.0

4

218

.81

53

.46

2

9.4

3

11.3

1 1.

23

6

2.6

4

45

.98

0

.05

10

.36

0

.47

2

.92

0

.54

2

18.3

9

0.4

2

0.1

9%

Feb

-15

8

1.11

7

8.9

7

12.2

1 0

.03

17

2.2

6

38

.11

25

.41

11.7

0

1.0

9

47

.24

3

6.7

7

0.0

3

9.3

5

0.2

8

1.8

0

0.0

0

171.

77

0

.48

0

.28

%

To

tal

24

25

.58

24

08

.4

17

.18

0

.71%

Page 157: RFP Bharatpur City

F

inal R

eport

Jaip

ur

Vid

yut V

itra

n N

igam

Lim

ited (

JV

VN

L)

- F

inal R

eport

for

Independent

Revie

w o

f E

nerg

y A

udit m

eth

odolo

gy f

or

sele

cte

d D

istr

ibution F

ranchis

ee t

ow

n o

f B

hara

tpur

for

the F

.Y. 2014-1

5

Pw

C

22

0 K

V R

ICC

O G

SS

Mo

nth

s

En

er

gy

Re

co

rd

ed

in

in

co

me

r f

ee

de

r (

LU

) E

ne

rg

y r

ec

or

de

d i

n o

utg

oin

g f

ee

de

r (

LU

) D

iffe

re

nc

e

(To

tal

inc

om

er

-

To

tal

ou

tgo

ing

)

%

dif

fer

en

ce

w

rt

inc

om

er

d

ata

33

KV

In

co

me

r

1

33

KV

In

co

me

r

2

Au

x.

Co

nsu

mp

tio

n

Ne

t e

ne

rg

y

inje

cte

d

33

Kv

O/G

C

om

pa

ny

B

ag

h

33

KV

-O

/G R

IIC

O

33

KV

-

BP

CL

*

33

KV

- O

/G

Gh

an

a

33

KV

- O

/G

Sa

inth

ar

a

To

tal

Ma

r-1

4

73

.43

6

8.3

8

0.1

2

141.

69

3

2.7

5

44

.71

1.7

7

27

.03

3

1.9

4

138

.20

3

.49

2

.46

%

Ap

r-1

4

73

.96

6

9.3

1 0

.13

14

3.1

4

32

.75

4

3.0

4

1.3

3

27

.25

2

3.9

0

128

.27

14

.87

10

.39

%

Ma

y-1

4

86

.60

8

1.0

6

0.1

4

167

.52

6

3.6

2

42

.39

1.

66

2

8.8

0

27

.40

16

3.8

7

3.6

5

2.1

8%

Ju

n-1

4

88

.03

8

2.6

0

0.1

3

170

.50

7

9.5

3

35

.52

2

.01

26

.15

6

.64

14

9.8

5

20

.65

12

.11%

Ju

l-14

9

6.9

2

90

.20

0

.13

18

6.9

9

96

.08

3

4.6

1 1.

02

2

6.2

5

13.2

6

171.

22

15

.77

8

.43

%

Au

g-1

4

86

.91

81.

20

0

.13

16

7.9

7

77

.56

2

9.9

2

1.9

3

27

.12

2

8.8

5

165

.38

2

.59

1.

54

%

Se

p-1

4

84

.90

7

9.3

8

0.1

3

164

.15

6

9.5

0

35

.13

2

.31

26

.81

26

.65

16

0.4

0

3.7

5

2.2

9%

Oc

t-14

8

2.3

8

77

.81

0.1

4

160

.05

5

7.4

0

34

.41

3.2

2

33

.00

2

9.7

8

157

.81

2.2

4

1.4

0%

No

v-1

4

86

.24

8

0.6

7

0.1

4

166

.77

4

2.3

6

42

.32

2

.85

3

3.1

0

41.

68

16

2.3

1 4

.46

2

.67

%

De

c-1

4

85

.73

7

9.5

7

0.1

4

165

.16

3

6.8

0

40

.51

2.4

4

38

.42

4

5.0

0

163

.17

1.

99

1.

20

%

Ja

n-1

5

81.

08

7

6.0

1 0

.14

15

6.9

5

40

.77

3

5.4

8

1.7

2

35

.71

41.

24

15

4.9

2

2.0

3

1.2

9%

Fe

b-1

5

75

.09

7

0.2

9

0.1

2

145

.26

2

9.5

2

35

.12

1.

76

3

5.3

2

41.

74

14

3.4

6

1.8

0

1.2

4%

19

36

.15

1,8

58

.86

7

7.2

9

3.9

9%

* E

ner

gy

rec

ord

ed i

nfo

rma

tio

n o

f 3

3 K

V o

utg

oin

g B

PC

L f

eed

er i

s a

fter

ad

just

men

t o

f m

ult

iply

ing

fa

cto

r a

s d

iscu

ssed

in

sec

tio

n 2

.3.2

It i

s p

erti

nen

t to

men

tio

n t

ha

t in

13

2k

V M

oti

jhe

el G

SS

, n

o b

us

cou

ple

r o

per

ati

on

ha

s b

een

rep

ort

ed d

uri

ng

th

e en

tire

yea

r. I

t is

a r

are

sce

na

rio

wh

erei

n a

t a

n E

HV

su

bst

ati

on

no

bu

s co

up

ler

op

era

tio

n h

as

ha

pp

ened

du

rin

g t

he

enti

re y

ear.

In

ord

er t

o r

ule

ou

t in

acc

ura

te d

ata

an

aly

sis

du

e to

an

y u

nre

po

rted

bu

s co

up

ler

act

ivit

y,

the

en

erg

y s

up

pli

ed t

hro

ug

h

bu

s co

up

ler

at

22

0 K

V R

icco

GS

S h

as

als

o n

ot

bee

n c

on

sid

ered

. T

his

ha

s le

d t

o i

nfl

ati

on

of

corr

ecti

on

fa

cto

r. T

he

infl

ate

d c

orr

ecti

on

fa

cto

r sh

all

ad

dre

ss e

ne

rgy

su

pp

lied

th

rou

gh

bu

s co

up

ler

Page 158: RFP Bharatpur City

Final Report

Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC

The overall correction factor for Bharatpur city is calculated as follows:

Name of GSS Energy recorded in incomer feeders (LU)

Energy recorded in outgoing feeders (LU)

Difference (incomer – outgoing) (LU)

% variation

132 KV Motijheel 2425.58 2408.40 17.18 0.71%

220 KV RICCO 1936.15 1858.66 77.29 3.99%

Total 4361.73 4267.26 94.47 2.17%

Since the assessment of input energy has been done on energy injected data of outgoing feeders, therefore an

overall correction factor of 2.17% has been applied on the calculated energy input as per the log book for

assessment of net energy injected in the Bharatpur city. The overall correction factor has been applied month

wise to have homogeneity across the months.

2.4. Assessment of input energy

The month wise feeder wise energy input data as per log book has been adjusted as per treatment discussed in

section 3.4 of this report. Based on the approach discussed the total input energy of Bharatpur City area is

assessed to be 3171.27 LU for FY 2015 (March 2014 to February 2015). The feeder wise input energy as

assessed in provided in following table:

Page 159: RFP Bharatpur City

F

inal R

eport

Jaip

ur

Vid

yut V

itra

n N

igam

Lim

ited (

JV

VN

L)

- F

inal R

eport

for

Independent

Revie

w o

f E

nerg

y A

udit m

eth

odolo

gy f

or

sele

cte

d D

istr

ibution F

ranchis

ee t

ow

n o

f B

hara

tpur

for

the F

.Y. 2014-1

5

Pw

C

En

er

gy

in

jec

ted

in

Bh

ar

atp

ur

cit

y (

LU

) (A

fte

r a

dju

stm

en

t o

f d

ev

iati

on

fa

cto

r)

Mo

nth

13

2/3

3/1

1 K

V M

oti

jh

ee

l G

SS

2

20

/13

2/3

3 K

V R

IIC

O G

SS

T

ota

l

Co

rr

ec

tio

n

fac

tor

Ne

t e

ne

rg

y

inje

cte

d

(LU

) 3

3 K

V O

utg

oin

g f

ee

de

rs

11 K

V O

utg

oin

g f

ee

de

rs

13

2 K

V

ou

tgo

ing

fe

ed

er

33

KV

ou

tgo

ing

fe

ed

er

IA

(Ne

t)

Ch

am

ba

l H

ee

ra

da

s

Co

mp

an

y

Ba

gh

O

/G

Cit

y

Wa

go

n

Fa

cto

ry

C

olo

ny

M

ES

R

ail

wa

y

1 &

2

Co

mp

an

y

Ba

gh

R

IIC

O

B

PC

L*

Ma

r-1

4

13.8

2

0.5

2

51.

57

4

1.7

6

0.0

7

10.5

0

.26

1.

61

29

.18

3

2.7

5

44

.71

1.7

7

22

8.5

2

2.1

7%

23

3.4

7

Ap

r-1

4

11.6

2

0.6

7

61.

10

52

.55

0

.05

10

.33

0

.26

1.

71

33

.72

3

2.7

5

43

.04

1.

33

2

49

.13

2

54

.53

Ma

y-1

4

12.0

2

0.8

5

67

.34

6

6.7

1 0

.07

11

.40

0

.33

2

.07

3

3.3

6

63

.62

4

2.3

9

1.6

6

30

1.8

2

30

8.3

6

Ju

n-1

4

10.7

6

0.9

6

59

.40

7

0.7

3

0.0

8

11.0

0

0.3

4

2.0

6

31.

18

79

.53

3

5.5

2

2.0

1 3

03

.57

3

10.1

4

Ju

l-14

9

.73

1.

07

4

6.1

2

71.

09

0

.08

12

.60

0

.34

2

.22

3

1.7

4

96

.08

3

4.6

1 1.

02

3

06

.7

313

.34

Au

g-1

4

8.5

0

1.0

6

54

.08

6

4.5

4

0.0

8

10.0

9

0.3

2

2.1

0

33

.83

7

7.5

6

29

.92

1.

93

2

84

.01

29

0.1

6

Se

p-1

4

8.9

7

1.0

7

50

.22

6

0.0

0

0.0

7

10.1

2

0.3

0

1.9

8

31.

78

6

9.5

0

35

.13

2

.31

27

1.4

5

27

7.3

3

Oc

t-14

10

.28

1.

17

49

.07

5

2.5

0

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Page 160: RFP Bharatpur City

Final Report

Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 22

3. Independent review of methodology for Energy Sales and Revenue Billed

3.1. Approach followed for the independent review of revenue billed and energy sales

The focus of this phase of the assignment was to conduct an independent review of methodology for ascertaining the total energy sales and revenue billed for the Bharatpur city area in FY 14-15. The approach followed for conducting this phase of study is being descripted below:

3.1.1. Step I: Data Collection from various sources

We collected data from multiple sources under this assignment for reviewing the existing methodology and

performing various analysis. The various data sources are being mentioned below for reference:

3.1.2. Step II: Segregation and segmentation of the data

After collecting data from various sources (Discom and Circle level), our first task was data sanitation for

subsequent analysis of the same. After sanitation of the data collected, we performed data segregation and

segmentation. Information regarding Sales (normal and sundry segregated) and Revenue Billed (normal and

sundry segregated) were extracted from MIS 3.1 data sheet. From the same sheet, information regarding ED,

WCC, UC and DPS was also extracted. Data from Input Advices (Sundry files) was segregated under various

codes and further segmented under various consumer categories.

Step I:

Data collection from various sources

Step II:

Segregation and segmentation of the data for the purpose

of study

Step III:

Conduct of field visits for subdivision audits for assessing corrections under

input advices as per review

Step IV:

Computation of Net Revenue Billed and

Energy Sales

Discom Level {SE (IT) and Billing Agency}

Input Advices (Sundry Files)

Circle Level MIS 3.1 and 3.2 data sheets

Information regarding Subsidy

Sub-Division Level Data under CC&AR and VCR

MS-14 data sheets

Page 161: RFP Bharatpur City

Final Report

Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 23

3.1.3. Step III: Conduct of field visits for subdivision audits for assessing corrections under input advices

The corrections have been assessed in input advices at subdivision. The objective under this part of study was to

assess the corrections in the input advices at 3 subdivisions under Bharatpur City area. The adjusted energy

sales and energy billed have been computed using input advices being sent to Billing agencies by subdivisions.

The input advices comprises of (i) sundry reports (CB-4, CB-12, CB-15) to accommodate energy sales & revenue

adjustments for some consumers on the account of multiple events including electricity theft, unauthorized

extension of load, events of meter running slow or fast, meter replacement etc. and (ii) MS-14 reports to

accommodate debits or credits to non-consumers (consumers not in billing records and temporary

connections).

RERC has notified certain norms with regards to assessment of energy in cases of energy sales and revenue

adjustments to be done under various cases. Further, the Discoms has also notified various circulars from time

to time to propagate the methods for making adjustments in energy and revenue billed under various

adjustment codes.

3.1.3.1. Assessment of corrections in energy sales and revenue billed

Subdivision audits have been conducted at the three urban sub divisions of Bharatpur City area for examining

the reports pertaining to input advices (MS-14, CB-4, CB-12, and CB-15) and verifying the same against the

inputs provided to the billing agencies by these select sub divisions. The subsequent sub-sections detail the

analysis performed for each subdivision.

3.1.3.1.1.1. Data collection from billing agency and subdivisions

MIS data sheets (3.1) pertaining to adjustments under energy sales and revenue for the period of April'14 to

March'15 had been taken from the Central Billing Agency at Jaipur. The data related to MS-14 was also taken

under a separate format. Complete sundry data in soft copies was also received for these subdivisions. Data for

the individual CB input advice (CB 4, CB 12 and CB 15) and MS-14 was also sought from the AROs of various

subdivisions visited, in cases where the data could not be received from the central billing agency. Data in hard

copy, wherever data was not available in soft copy, was also being collected.

3.1.3.1.1.2. Review of MIS data

The first level validation check, wherever MIS data was available, on data collected was performed by our teams

via verifying the total net adjustment (in units) derived from the CB input advice data base with the total net

adjustments reported in the MIS data received from the billing agency. The data received in both the sundry

advices and MIS reports has been almost equivalent at various subdivisions. Such validation of data was useful

in establishing that the CB input advice data base received from the sub division is comprehensive.

As a next step, our teams analyzed the CB input advice data base by filtering all the entries on the basis of

different adjustment codes. Adjustment codes or Transaction codes are defined in the RERC tariff code to guide

the Sub-divisional officials to report the sundry entries under various types of transactions.

Our teams identified that the following adjustment codes are majorly being used in the sundry reporting by the

subdivision officials.

Page 162: RFP Bharatpur City

Final Report

Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 24

Code Description Input advice

1 Assessment on account of theft detected by vigilance/M&P wing CB-4

2 Assessment on account of theft detected by others CB-4

3 Assessment on account of average consumption due to meter stopped, defective etc. CB-4

7 Unauthorized extension of connected load CB-4

9 Wrong application of Tariff CB-4

22 Bank collection charges for dishonored cheque CB-4

28 Cost of burnt/damaged meters CB-4

33 Incorrect posting CB-12

34 Accounting of unposted receipts or suspense receipts due to incorrect account numbers over the

stub

CB-12

35 Original amount of dishonored cheque CB-12

36 Difference of fixed service charges CB-15

51 Tariff subsidy CB-12

In addition to the sundry reporting, we also analyzed the MS-14 reports. These are the input advices prepared

by SDOs to accommodate debits or credits accountable to non-consumers and temporary connections.

3.1.3.1.1.3. Broad Approach for assessment of corrections in energy sales & revenue billed

In order to arrive at adjusted energy sales under CB 4, 12, & 15, our teams analyzed and verified the correctness

of the computation of energy assessment and reporting of energy credit/debit under various adjustment codes.

The analysis was done in line with the provisions prescribed under RERC regulations, Terms and Conditions of

Supply-2004 (TCOS-2004), and other relevant orders/circulars issued by the Discoms. The broad approach

adopted for analysis is provided below:

Compute the overall correction factor for energy sales and revenue adjustment

Verify the computation of energy & revenue assessment under MS-14 reports also

Assess the correction factor separately for credit and debit entries

Verify the correctness in computation and reporting on sample entries

Select entries for understanding the computation of energy and revenue debit/credit

Sort both debit and credit entries on the basis of energy sales and amount

Under all respective codes, separate the debit entries from the credit ones

Filter all the entries and segregate them as per their respective adjustment code

Collect Sundry data from Billing Agency

Page 163: RFP Bharatpur City

Final Report

Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 25

To check entries, our teams referred to the appropriate Consumer Charges and Allowances Register (CC&AR)

registers to verify the correctness of the computation. During the audit process, our teams understood the

background of the transactions based on the explanation provided by the Sub division officials. However, the

verification of the correctness of the computation and the subsequent reporting was done based upon

provisions prescribed under RERC regulations, TCOS-2004, and other relevant orders/ circulars issued by the

Discoms.

3.1.3.1.1.4. Broad analysis done under different Adjustment Codes

During the audits, our teams segregated all the entries as per their respective adjustment codes and analyzed

them adjustment code wise. During the audit, it was found that some sundry adjustments in an adjustment

code comprised of entries that should have been under different adjustment codes. These entries were treated

as per their respective adjustment code only. Specific issues identified under various subdivisions have been

discussed under subsequent sections:

· Adjustment Code 1 & 2: This code is meant to record entries related to theft detected by M&P Wing/

Vigilance Team/ Others. For analyzing the entries done under this code, we referred the VCRs and CC&AR

register to check the background of theft reports. We observed that at various subdivisions, for some of the

entries that we analyzed, the total amount received by any consumer against compounding the offence and

civil liability was also included in the Board Dues along with ED, WCC and UC. For such entries, we

segregated the compounding charges from the Board Dues. Under many entries, especially credit entries,

revenue adjustments were being accounted but units were not adjusted. For such entries, we referred VCR

files for assessing energy units. Wherever such information was not available, we deduced the energy units

from the revenue assessed via back calculation. Not much deviations/ irregularities were observed for theft

cases under MS-14 reports.

· Adjustment Code 3: Under this code, we found entries pertaining to cases under meter stopped, meter

defective etc. We analyzed sample entries under this code and referred the relevant orders (related to

application of average consumption) pertaining to such cases for assessing revenue and energy adjustments

under such cases.

· Adjustment Code 7: Under this code, entries pertaining to unauthorized extension of connected load are

meant to be recorded. Under this code, energy is not liable to be computed and debited; as such energy is

already recorded on the energy meter. During our audits, we checked for cases where energy was being

debited. Under such cases, we applied a correction factor of ‘0’ to remove such debits. Revenue adjustments

were being considered for computation.

· Adjustment Code 22: Under this code, entries pertaining to bank collection charges for dishonored

cheque are being recorded. We identified that under most entries, defined bank collection charges are being

debited to the consumers. Some entries pertaining to other codes were also found under this code; same

were segregated and treated under their respective codes. Under this code, energy is not liable to be

computed and debited. During our audits, we checked for cases where energy was being debited. Under

such cases, we applied a correction factor of ‘0’ to remove such debits.

· Adjustment Code 23: Under this code, entries pertaining to credit or debit on account of premises lock

cases are recorded. For these, a preliminary bill is generated if the meter reader is not able to take the

reading. The bill is corrected when the actual reading is available with the sub-division and respective credit

or debit is given to the consumer.

· Adjustment Code 28: Under this code, entries pertaining to cost of burnt/ defective meters are meant to

be recorded. As this code pertains to cost adjustments only, there should not be any recording of energy

Page 164: RFP Bharatpur City

Final Report

Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 26

units. During audits, we observed that for some cases, even units were debited in CB reports. The total cost

of replacing meters to a consumer divided by average tariff of that consumer category has been used to

derive energy units. For such cases, we applied a correction factor of ‘0’ to remove such debits.

· Adjustment Code 33: Under this code, entries related to wrong posting of consumers bills are meant to

be recorded. This code pertains to wrong posting, so ideally there should not be any recording of energy

units and revenue adjustments. Considering the same, we made required adjustments under the sundry

files.

· Adjustment Code 36: Under this code, the entries related to difference in fixed service charges are meant

to be recorded. During our audits, we found various types of credit/ debit entries under this code. The

entries related to billing of units, credit after settlement, wrong posting and wrong debit etc. are all

recorded under this code. For verification of such cases, we referred relevant CB reports and verified them

against the entries under CC&AR register. During our assessment of entries under this code, we observed

that in many instances of the credit entries, revenue was duly credited to the transactions, but energy sales

was not being credited. For such observed entries, we made adjustments for incorporating credit of energy

sales.

· Adjustment Code 51: Under this code, entries related to tariff subsidy provided are meant to be

recorded. This code pertains to entries related to provision of subsidy, so ideally there should not be any

recording of energy units. During audits, we checked for cases where units are being recorded under this

code. For such cases, we applied a correction factor of ‘0’ to remove such debits.

3.1.4. Step IV: Computation of Net Revenue Billed and Energy Sales

The various entries were segregated on the basis of adjustment code discussed above and further grouped on

the basis of credit and debit transactions. The sundry analysis done under various adjustment codes was

tabulated and the sum of corrected energy sales adjustment and revenue billed were compared with the energy

sales and revenue billed inputted through input advices sent to billing agencies. The respective correction

factors were determined by the variations observed between corrected energy sales & revenue adjustments,

deduced through our analysis, and adjusted energy sales & revenue inputted through input advice sent to the

billing agencies.

The corrections assessed in the adjusted component for revenue billed and energy sales in the input advices

were subsequently applied to the adjusted components for revenue billed and energy sales available under MIS

data sheets for 3.1 for assessing the category wise Net Revenue Billed and Energy Sales.

Page 165: RFP Bharatpur City

F

inal R

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Jaip

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Pw

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Page 166: RFP Bharatpur City

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Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 28

4. Distribution Losses, Average Billing and Revenue Realization for Bharatpur City

As observed in previous sections, the energy input, energy sales and revenue billed for the Bharatpur City area have been computed using the approach discussed. Under this section, we have provided the computation of distribution losses, average billing rate, average revenue realization and outstanding arrears. The data related to revenue assessed and revenue realized have been derived from MIS 3.2 data sheets which were provided to us by the JVVNL. The information related to input energy, as per the RFP formats, have been provided under Appendix- I and Appendix-IV.

4.1. Computation of Distribution Losses, ABR, Revenue Realization and Outstanding Arrears

4.1.1. Losses and Average Billing and Revenue Realization for Bharatpur City considered for Distribution Franchisee

Year Units

Received (MUs)

Unit Sold

(MUs)

Sub Transmis

sion & Distributi

on Loss (%)

Collection

Efficiency (%)

Avg. Billing

Rate(Inc Subsidy)

(Rs. /KWh)

(Revenue Assessed/

Energy Sold)

Avg. Billing Rate(Excd.

Subsidy) (Rs. /KWh) (Revenue

Assessed/Energy Sold)

Avg. Revenue

Realization (Rs. / KWh)

{(Revenue Assessed/

Energy Input)*Coll

ection Efficiency}

FY 2014-

15 317.13 230.15 27.43% 100.20% 5.93 5.91 4.31

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Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 29

4.1.2. Category wise Unit Sales (MUs) for Bharatpur City

Category wise Unit Sales for Bharatpur City (MU)

Particular FY 2014-15

Domestic 76.02

Non-Domestic 24.48

Public Street Light 6.48

Agriculture 0.68

Small Industry 3.90

Medium Industry 7.19

Large Industry 100.01

Public water Works(S) 2.34

Public water Works(M) 0.76

Public water Works(L) 4.41

Mixed Load/Bulk Supply 3.88

Total 230.15

4.1.3. Category wise Revenue Billed and Collected (Rs. Cr.) for Bharatpur City

Category wise Revenue Billed (Inc Subsidy) and Collected (INR Cr.) for Bharatpur City (FY 2014-15)

Particulars

Revenue Billed

(Nigam Dues) (INR

Cr.)

Revenue Billed

including Electricity Duty and

other dues (INR Cr.)

Revenue Collected (Nigam

Dues) (INR Cr.)

Revenue Collected including Electricity Duty and

other dues (INR Cr.)

Collection Efficiency(%)

for Nigam Dues

Domestic 41.10 45.08 42.55 46.65 103.52%

Non-Domestic 17.21 18.73 17.72 19.18 102.97%

Public Street Light 4.01 4.42 3.46 3.72 86.36%

Agriculture 0.32 0.33 0.12 0.12 36.96%

Small Industry 2.21 2.44 2.18 2.42 98.62%

Medium Industry 4.59 5.05 4.65 5.12 101.23%

Large Industry 60.31 64.28 59.26 63.35 98.25%

Public water Works (S) 1.14 1.27 1.1 1.22 96.64%

Public water Works (M) 0.54 0.59 0.55 0.61 101.95%

Public water Works (L) 2.78 3.06 2.78 3.08 100.14%

Mixed Load/Bulk Supply

2.34 2.36 2.45 2.48 104.79%

Total 136.55 147.62 136.83 147.95 100.20%

Page 168: RFP Bharatpur City

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PwC 30

*The category wise revenue collection was not provided for the A-III subdivision; however its total was

provided. The total figure for collected revenue has been apportioned category wise considering the category

wise weightage observed in other subdivisions of Bharatpur.

Collection efficiency has been shown along with arrears as JVVNL does not have a system to record age wise

arrears. Further, to cross verify the realization as mentioned above, we enquired from the Utility regarding the

remittance in bank of the revenue collection pertaining specifically to the Nigam Dues as shown in the MIS. The

Utility informed that the component wise segregation of revenue remitted to Bank is not available at Sub-

division level; the remittance in Bank is a collective figure which includes all the revenue components including

subsidy, adjustments, Nigam dues and other dues including electricity duty, urban cess, etc. Thus we have only

vetted the revenue realization as per the information (as shown the table above) made available pertaining to

Bharatpur City.

4.1.4. Category wise Outstanding Arrears* (Rs. Cr.) upto March’14 and March’15 for Bharatpur City

On basis of the sundry revenue billed and collected as assessed above, the outstanding arrears for Bharatpur

City is as summarized as below. Please note that any adjustment in sundry revenues done above, have been duly

accounted for in the regular outstanding arrears as on Mar-15.

Category wise Outstanding Arrear (Including ED and Other dues) (Rs. Cr.) upto March'14 and March'15 for Bharatpur City

Category Regular PDC

Mar-14 Mar-15 Mar-14 Mar-15

Domestic 4.09 2.83 0.51 0.2

Non-Domestic 2.27 2.00 0.28 0.1

Public Street Light 1.07 1.79 0.02 0

Agriculture 0 0.21 0.01 0.01

Small Industry 0.19 0.22 0.1 0.09

Medium Industry -0.05 -0.02 0.18 0.08

Large Industry -0.48 0.49 0.07 0.03

Public water Works (S) 0.19 0.21 0 0.03

Public water Works (M) 0 -0.02 0 0

Public water Works (L) 0.05 0.03 0 0

Mixed Load/Bulk Supply -0.09 -0.20 0.01 0

Total 7.25 7.55 1.18 0.54

*The category wise outstanding arrears were not provided for the A-III subdivision; however their total was

provided. The total figure for outstanding arrears has been apportioned category wise considering the

category wise weightage observed in other subdivisions of Bharatpur.

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PwC 31

Appendices

I. Field verification letter

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PwC 32

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PwC 33

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PwC 34

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Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 35

II. Energy injected in Bharatpur city from 132/33/11 KV

Moti jheel GSS

Net energy injected in billing year 2015 (March 2014 to February 2015) (LU)

Month 33 Kv O/G IA

ITI (Cros

s-over)

33 KV Outgoing feeders 11 KV Outgoing feeders Total

IA (Net)

Chambal

Heeradas

C. Bagh

City Wagon Factory

Colony

MES

Mar-14 13.89 0.07 13.82 0.52 51.57 41.76 0.07 10.5 0.26 1.61 120.11

Apr-14 11.68 0.06 11.62 0.67 61.10 52.55 0.05 10.33 0.26 1.71 138.29

May-14

12.09 0.06 12.02 0.85 67.34 66.71 0.07 11.40 0.33 2.07 160.80

Jun-14 10.82 0.06 10.76 0.96 59.40 70.73 0.08 11.00 0.34 2.06 155.33

Jul-14 9.78 0.05 9.73 1.07 46.12 71.09 0.08 12.60 0.34 2.22 143.25

Aug-14 8.54 0.04 8.50 1.06 54.08 64.54 0.08 10.09 0.32 2.10 140.76

Sep-14 9.02 0.05 8.97 1.07 50.22 60.00 0.07 10.12 0.30 1.98 132.73

Oct-14 10.33 0.05 10.28 1.17 49.07 52.50 0.05 9.38 0.28 1.82 124.55

Nov-14 12.08 0.06 12.02 1.14 38.37 40.30 0.03 10.02 0.25 1.58 103.73

Dec-14 13.41 0.07 13.34 1.29 53.19 42.10 0.03 12.03 0.36 2.17 124.51

Jan-15 11.31 0.06 11.25 1.23 62.64 45.98 0.05 10.36 0.47 2.92 134.90

Feb-15 11.70 0.06 11.64 1.09 47.24 36.77 0.03 9.35 0.28 1.80 108.19

Total 134.64 0.69 133.96

12.12 640.35 645.02 0.69 127.19 3.80 24.03

1587.15

Net energy injected in billing year 2016 (March 2015 to July 2015) (LU)

Mar-15 10.45 0.05 10.40 1.25 52.05 41.75 0.03 10.61 0.27 1.72 118.09

Apr-15 11.02 0.06 10.96 1.36 64.16 53.13 0.08 11.54 0.27 1.79 143.29

May-15

9.96 0.05 9.91 1.69 78.14 65.00 2.01 11.89 0.33 2.27 171.24

Jun-15 9.01 0.05 8.96 1.63 62.67 60.79 2.02 9.92 0.33 2.76 149.08

Jul-15 7.58 0.04 7.54 1.66 59.86 64.77 2.02 10.09 0.34 2.83 149.11

Total 48.02 0.25 47.77 7.59 316.89 285.44 6.16 54.05 1.54 11.37 730.81

Page 174: RFP Bharatpur City

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PwC 36

III. Energy injected in Bharatpur city from 220/132/33KV

Ricco GSS

Net energy injected in billing year 2015 (March 2014 to February 2015) (LU)

Month 132 KV outgoing

feeder

33 KV outgoing feeder Total

Railway 1 & 2 Company Bagh RIICO BPCL

Mar-14 29.18 32.75 44.71 1.77 108.41

Apr-14 33.72 32.75 43.04 0.00 109.51

May-14 33.36 63.62 42.39 0.00 139.37

Jun-14 31.18 79.53 35.52 0.00 146.23

Jul-14 31.74 96.08 34.61 0.00 162.43

Aug-14 33.83 77.56 29.92 0.00 141.31

Sep-14 31.78 69.50 35.13 0.00 136.41

Oct-14 33.74 57.40 34.41 0.00 125.55

Nov-14 30.80 42.36 42.32 0.00 115.48

Dec-14 32.42 36.80 40.51 2.44 112.17

Jan-15 29.98 40.77 35.48 1.72 107.95

Feb-15 29.34 29.52 35.12 1.76 95.74

Total 381.07 658.64 453.16 7.71 1500.56

Net energy injected in billing year 2015 (March 2014 to February 2015) (LU)

Mar-15 31.74 31.98 45.11 2.48 111.31

Apr-15 33.75 37.27 23.63 1.43 96.08

May-15 24.52 54.77 46.99 1.01 127.29

Jun-15 32.10 72.36 30.83 3.57 138.86

Jul-15 31.57 74.64 25.35 2.89 134.45

Total 153.69 271.02 171.91 11.38 608.00

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Jaipur Vidyut Vitran Nigam Limited (JVVNL) - Final Report for Independent Review of Energy Audit methodology for selected Distribution Franchisee town of Bharatpur for the F.Y. 2014-15

PwC 37

IV. Field confirmation

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PwC 38

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PwC 39

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PwC 40

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PwC 41

Page 180: RFP Bharatpur City

F

inal R

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Jaip

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JV

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- F

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for

Independent

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y A

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eth

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or

sele

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istr

ibution F

ranchis

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ow

n o

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hara

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for

the F

.Y. 2014

-15

Pw

C

43

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itra

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Lim

ited (

JV

VN

L)

- F

inal R

eport

for

Independent

Revie

w o

f E

nerg

y A

udit m

eth

odolo

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or

sele

cte

d D

istr

ibution F

ranchis

ee t

ow

n o

f B

hara

tpur

for

the F

.Y. 2014

-15

Pw

C

44

Ass

essm

ent

for

Su

b-d

ivis

ion

‘A-I

II B

har

atp

ur’

Na

me

of

Su

bd

ivis

ion

S

ale

s

Re

ve

nu

e

(A-I

II

Bh

ar

atp

ur

)210

213

0

MIS

Co

rr

ec

ted

S

un

dr

y

Un

its

(k

Wh

)

To

tal

Re

vis

ed

S

ale

s (

kW

h)

MIS

Co

rr

ec

ted

Re

ve

nu

e

Ad

justm

en

ts(N

iga

m

Du

es

)

(IN

R)

To

tal

Re

vis

ed

(N

iga

m

Du

es

)

Re

ve

nu

e

(IN

R)

Ne

t M

ete

re

d

Sa

les (

kW

h)

Su

nd

ry

S

ale

s

(kW

h)

Re

ve

nu

e

As

se

ssm

en

t (N

iga

m

Du

es

) o

the

r

tha

n S

un

dr

y

(IN

R)

Su

nd

ry

A

dju

stm

en

ts

(Nig

am

D

ue

s )

in

R

ev

en

ue

A

sse

ssm

en

t (I

NR

)

Do

mes

tic

418

42

15

-25

80

6

-25

80

6

418

42

15

22

83

613

2

-113

27

34

-1

154

412

2

28

144

55

No

n-D

om

est

ic

27

55

30

5

-12

913

8

-12

913

8

27

55

30

5

22

04

617

0

-76

33

44

-3

418

191

193

913

24

Pu

bli

c S

tree

t L

igh

t 14

417

04

0

0

14

417

04

8

08

48

25

0

0

8

08

48

25

Ag

ricu

ltu

re

54

26

86

-1

70

63

-1

48

80

5

410

94

4

196

94

02

-7

42

85

-7

42

57

19

69

43

0

Sm

all

In

du

stry

2

80

210

-3

73

2

-37

32

2

80

210

16

187

16

-38

66

3

-38

66

3

1618

716

Med

ium

In

du

stry

5

67

64

9

0

0

56

76

49

3

74

96

88

4

33

1 4

33

1 3

74

96

88

La

rge

Ind

ust

ry

0

0

0

0

0

0

0

0

Pu

bli

c w

ate

r W

ork

s(S

) 4

88

130

-1

70

85

-1

70

85

4

88

130

2

62

24

77

-1

56

813

-1

56

813

2

62

24

77

Pu

bli

c w

ate

r W

ork

s(M

) 3

77

70

0

0

3

77

70

2

37

191

0

0

23

719

1

Pu

bli

c w

ate

r W

ork

s(L

) 0

0

0

0

0

0

0

0

Mix

ed L

oa

d/B

ulk

Su

pp

ly

26

415

5

-88

13

-88

13

26

415

5

168

54

89

-1

65

819

-1

65

819

16

85

48

9

Ov

er

all

Im

pa

ct

10

56

182

4

-20

16

37

-3

33

37

9

10

43

00

82

6

48

50

09

1

-23

27

32

8

-50

03

82

5

62

17

35

95

Page 183: RFP Bharatpur City

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