SECI000120 2327873 Amendment 01 SECI FDRE IV Finalupload

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SOLAR ENERGY CORPORATION OF INDIA LIMITED

NEW DELHI

Ref No. SECI/C&P/IPP/13/0006/23-24/Amendment-01 Date 14.12.2023


Amendment-01 to RfS for Selection of RE Power Developers for Supply of 1260 MW Firm and
Dispatchable Power from ISTS-Connected Renewable Energy (RE) Power Projects in India under
Tariff-Based Competitive Bidding (SECI-FDRE-IV)
RfS No. SECI/C&P/IPP/13/0006/23-24 dated 15.09.2023
S. Clause/
No. Article Existing Clause/Article Amended Clause/Article
No.
Amendments in the RfS document
1. General It is hereby clarified that in case a bidder opts for coverage under the PSM in line with Clause
19.2 of the RfS, by undertaking to give a discount in the Covering Letter (Format 7.1)
submitted as part of its response to RfS, the same will be applicable for the entire term of the
PPA, i.e. this discount shall be provided by the RPD in each monthly bill raised under the PPA
for the entire term of the PPA. In the alternate scenario, in case the bidder does not opt for
coverage under the PSM in line with Clause 19.2 of the RfS, it shall not be eligible to be
covered under the PSM for the entire term of the PPA.
2. 1.9 Modified as follows:

Bidders who have already commissioned RE Projects/storage projects or are in process of


constructing such projects and have untied capacity may also participate under this RfS. In
such case, they will be given the benefit of a longer period of PPA, commensurate to the
duration between the actual date of commencement of supply of power and Scheduled
Commencement of Supply Date (SCSD), pursuant to Clause 11 of the RfS. It is clarified that
the Bidders who have already signed PPAs with Renewable Energy Implementing Agencies
as identified by the MNRE and/or with any State-owned Distribution Company (DISCOM) as
on the bid submission deadline, are not allowed to suo-moto terminate such PPAs and
participate in this RfS for the respective Project(s).
3. 2.7 New Clause

SECI has issued this RfS in the capacity of “Intermediary Procurer” as defined in the
aforementioned Guidelines. SECI may develop a suitable monitoring mechanism, to analyze
the performance of the project and carry out random checks to verify compliance of quality
standards.
4. 3.1 Under this RfS, the RE Power Developer Under this RfS, the RE Power Developer (RPD)
(RPD) shall set up ISTS-connected RE shall set up ISTS-connected RE Power
Power Project(s), including the dedicated Project(s), including the transmission network
transmission network … …
5. 3.2 Identification of land, installation and Identification of land, installation and ownership
ownership of the Project(s), along with of the Project(s), along with obtaining
obtaining connectivity and necessary connectivity and necessary approvals and
approvals and interconnection with the interconnection with the ISTS network/STU or

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ISTS network for supply of power to SECI, InSTS network (as applicable) for supply of
will be under the scope of the RPD. power to SECI, will be under the scope of the
RPD. For the purpose of STU interconnection,
RPD may install the Project in the same State
where the Buying Entity is located.
6. 4.2.i RE Projects are required to be designed for RE Projects are required to be designed for
interconnection with the ISTS substation at interconnection with the ISTS substation at
voltage level of 220 kV or above. voltage level of 220 kV or above. However, for
STU/InSTS connected Project, voltage level
may be as per the concerned State Regulations.
7. 4.2.iii … Any change in the ESS component … Any change in the ESS component during the
during the term of the PPA may be at risk term of the PPA shall be at the risk and cost of
and cost of the RPD and also under RPD and under intimation to SECI.
intimation to SECI.
8. 4.2.viii … The above configuration can be changed … The above configuration can be changed
subsequent to issuance of LoAs until the subsequent to issuance of LoAs until the
date as on 12 months prior to Scheduled Scheduled Commencement of Supply Date
Commencement of Supply Date (SCSD) of (SCSD)/extended SCSD of the Project. SECI
the Project. Also, any change in delivery shall communicate any change in configuration
point(s) is/are allowed upto 12 months prior to Buying Entity(ies).
to SCSD of the Project.
9. 6.4 The RPDs are free to change the Project The RPDs are free to change the Project location
location until the SCSD. The above change and/or Delivery Point up to the deadline for
... Financial Closure as per Clause 22. The above
change ...
10. 7.1 The Project should be designed for The Project should be designed for
interconnection with the ISTS in interconnection with the ISTS in accordance
accordance with the prevailing CERC with the prevailing CERC regulations in this
regulations in this regard. For regard. In case the Buying Entity is located in the
interconnection … same State where the Project is located, the RPD
may choose to interconnect the Project at the
STU/InSTS Substation at a minimum voltage
level as per the applicable State regulations. The
relevant provisions of the RfS, PPA and PSA
documents referring to ISTS Substations as the
Delivery Point shall also mean STU/InSTS
substations, wherever applicable. Similarly,
reference to CEA regulations with respect to
connectivity and synchronization with the grid
will also mean reference to the applicable
SERC/State Government regulations for InSTS-
connected Projects. For interconnection …
11. 7.3 The arrangement of connectivity can be The arrangement of connectivity can be made by
made by the RPD through a dedicated the RPD through a transmission line upto the

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transmission line upto the Interconnection Interconnection Point. …
Point. …
12. 7.5 Addendum to the Clause

It is, however, clarified that selection of Delivery Point by the Bidder at the time of bid
submission will not be evaluated with respect to the SCSD of the Project as per the PPA.
13. 7.10 … …
In case the RPD fails to obtain the full/part After fulfilling the compliances, in case the RPD
connectivity at a Substation identified by fails to obtain the full/part connectivity at a
the Bidder, after fulfilling the compliances, Substation identified by the Bidder, the same
the same shall be immediately notified by shall be immediately notified by the RPD to
the RPD to SECI. In such case the RPD will SECI. In such case the RPD will be allowed for
be allowed for another 30 days for applying another 90 days to apply for connectivity from
connectivity from the date of rejection by the date of rejection by the CTU.
the CTU.
14. 8.1.b … The RPD shall be required to maintain a … The RPD shall be required to maintain a
Demand Fulfilment Ratio (DFR) of at least Demand Fulfilment Ratio (DFR) of at least 90%
90% for each time-block, to be reconciled on a monthly basis.
on monthly basis. “Demand Fulfilment
Ratio” … Further, for the period from April to October,
RPD shall be required to maintain time-block
wise DFR of at least 80%. In case of deviation
in meeting 80% minimum DFR during the above
mentioned time period, additional penalty for the
shortfall from 80% DFR for the corresponding
time-blocks shall be levied as per Clause 8.2.b.

“Demand Fulfilment Ratio” …


15. 8.1.e … The RPD can, however, source up to 5% … The RPD can, however, source up to 5% RE
RE power (in energy terms), on annual power (in energy terms), on annual basis, from
basis, from the green market the green market sources/bilateral agreements
sources/bilateral agreements, towards outside the PPA as per extant regulations,
meeting the supply conditions stipulated in towards meeting the supply conditions
the RfS/PPA. stipulated in the RfS/PPA.
16. 8.2.a In case the DFR demonstrated by the RPD In case the average DFR demonstrated by the
is less than 90% in a particular time-block, RPD is less than 90% on a monthly basis, save
save and except in case of Force Majeure, and except in case of Force Majeure, …

17. 8.3 In order to allow optimization of operation In order to allow optimization of operation of RE
of RE, the RPD is allowed to… Power generating systems, the RPD is allowed
to …
… The RPD may also sell the power
available within the Contracted Capacity … The RPD may also sell the power available
and above the specified capacity in a within the Contracted Capacity and above the

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particular time-block to any third party or Specified Capacity in a particular time-block to
power exchange, … any third party or power exchange, …
18. 8.3 … Any instance of third-party sale of power … Any instance of third-party sale of power
from the Project by the RPD, while the from the Project by the RPD, while the Specified
demand specified in the PPA remains Capacity in any time block remains unfulfilled,
unfulfilled, shall constitute a breach of shall constitute a breach of RPD’s obligations
RPD’s obligations under the PPA and make and will be considered as RPD Event of Default
the RPD liable for penalty @1.5 times of under the PPA. In such case of default, RPD
extant market rate/kWh (reference rate shall be liable for an additional penalty @1.5
being the applicable rate on the Indian times of extant market rate/kWh (reference rate
Energy Exchange (IEX)) for the quantum of being the highest of the applicable rates in the
such sale). DAM/G-DAM/RTM of all the Power
… Exchanges operating in India on that day) for the
quantum of such sale).

19. 9 Clause modified as follows:

Project commissioning and declaration of Commercial Operation Date (COD) shall be


governed by the Central Electricity Regulatory Commission (Indian Electricity Grid Code)
Regulations, 2023, as amended from time to time. The RPD shall provide 90 days preliminary
commissioning notice and 30 days advance commissioning notice to SECI & Buying Entity.
In line with this regulation, the RPD proposing the Project, or its part (including single
component), for trial run or repeat of trial run shall give a notice of not less than seven (7) days
to the concerned RLDC, Buying Entity(ies), and SECI. However, in case the repeat trial run is
to take place within 48 hours of the failed trial run, fresh notice shall not be required.
The RPD shall submit requisite documents as mentioned below, at least 30 days prior to trail
run of the Project –
i. Intimation regarding the timeline for commencement of supply of power from the
Project.
ii. Copy of CON-4 report submitted to CTU.
iii. CEI/CEIG (as applicable) report containing approval for all the components, including
Solar PV modules, WTGs, ESS component(s), inverters, transformers, transmission
system and protection system, along with all annexures/attachments. It would be the
responsibility of the RPD to obtain the certificate.
iv. Approval of Metering arrangement/scheme from CTU/GRID-INDIA/ any other
concerned authority as applicable.
v. Plant Layout, Plant (AC & DC) SLD.
vi. Affidavit certifying that the RPD has obtained all the necessary approvals for
commencement of power supply from the Project, and indemnifying SECI against any
discrepancies in the above details.
vii. Affidavit from the RPD certifying possession of land identified for the Project, bearing
the details of such land parcels where Project is located, and indemnifying SECI against
any discrepancies in the above details.
viii. Documents to establish the compliance of technical requirement as per PPA/RfS.

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ix. Invoices against purchase of the Solar PV modules, WTGs, ESS component(s),
Inverters/PCUs, WMS, SCADA and DC cables along with the summary sheet
containing the list of all the invoices, inverters including details and number of items.
Lorry Receipts for delivery of Project components at site along with certified summary
sheet by the authorized signatory.
x. In addition to the above, the RPD shall provide coordinates of WTGs, KML files for
the Solar PV component (specifying each block), details of ESS, RLMM/ALMM
certificates, insurance documents of Project, online monitoring facility as stated vide
Clause 7, Annexure-A, of the RfS.

It is clarified that SECI shall bear no responsibility in declaration of commissioning/COD of


the Project. However, on the basis of above documents, the RPD shall be required to obtain
No-objection certificate (NOC) from SECI prior to declaration of commissioning/COD of the
Project.

SECI’s scope will be limited to verifying the installation of rated capacity(ies) of the Project
as per the COD certificate submitted by the RPD. This verification will be at SECI’s discretion
and shall not constitute any certification/confirmation of commissioning/COD of the Project
by SECI. Prior to declaration of commencement of power supply, the RPD shall submit COD
certificate for the corresponding Installed Capacity to SECI as part of the requisite documents.

The date of onset of commercial offtake of power by SECI/Buying Entity shall be determined
as the date of commencement of power supply under the RfS/PPA.
20. 9.1 … without prejudice to the imposition of … without prejudice to the imposition of penalty
penalty in terms of the PPA on the part in terms of the PPA on the part which has not yet
which has not yet commenced supply of commenced supply of power. Further, in case of
power. part commencement of supply of power, the
… demand profile to be met by the RPD shall be
proportionately reduced and any power being
supplied over and above the modified demand
profile shall be treated as excess power under the
respective RfS/PPA provisions. As the RPD
commences supply of power in various parts, the
demand profile to be met shall increase
proportionately until the commencement of
power supply from full Contracted Capacity/
capacity finally accepted under the PPA is
reached.

21. 9.1 … …
Subsequent to commencement of power Penalty on account of shortfall in Project
supply under the PPA, the RPD shall submit performance during the first year after the
a fresh Bank Guarantee (BG) for a validity commencement of supply of power shall be
of 15 months from the date of recovered by encashing the PBG submitted by

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commencement of power supply from the the RPD, in case the penalty is not paid by the
last part capacity/capacity finally accepted RPD.
under the PPA, to SECI. This BG, to be Penalty for shortfall in DFR shall be adjusted by
issued in the format identical to the PBG, SECI against monthly bills of the RPDs.
will be issued for an amount equal to the
annual billing amount as per the PPA,
calculated based on the annual demand
profile as per Annexure-B and the tariff
awarded to the RPD. Penalty on account of
shortfall in Project performance during the
first Contract Year shall be recovered by
encashing this BG, in case not paid by the
RPD. The PBG submitted in lieu of timely
commencement of power supply may also
be retained to cover this guarantee (subject
to enhanced validity), with the remaining
amount to be covered by an additional BG.
This BG will be returned after completion
of the time period of one year after
commissioning of last part
capacity/capacity finally accepted under the
PPA.
22. 11.1 … In case SECI/Buying Entity agrees to … In case SECI/Buying Entity agrees to
purchase power from such early part/full purchase power from such early part/full
commencement of power supply prior to Contracted Capacity prior to SCSD, such power
SCSD, such power will be purchased at the will be purchased by SECI at the PPA tariff and
PPA tariff. … sold to the Buying Entity at the PPA tariff plus
SECI’s trading margin and other terms and
conditions of power procurement may be in
reference of the PPA & PSA on the back-to-back
basis. …
23. 14 Under this RfS, the RPD shall set up the RE Under this RfS, the RPD shall set up the RE
Power Project(s), including the dedicated Power Project(s), including the transmission
transmission network up to the network up to the Interconnection/Delivery
Interconnection/Delivery Point, at its own Point, at its own cost and in accordance to the
cost and in accordance to the provisions of provisions of this RfS document. All approvals,
this RfS document. All approvals, permits permits and clearances required for setting up of
and clearances required for setting up of the the Project(s) and/or transmission network upto
Project(s) and/or dedicated transmission the Interconnection/ Delivery Point (along with
network upto the Interconnection/ Delivery connectivity), …
Point (along with connectivity), …
24. 16.c RPDs setting up projects in vicinity of Air RPDs setting up projects in vicinity of Air Force
Force bases/aerodromes, are advised to bases/aerodromes, are advised to apply for
apply for necessary MoD clearances within necessary MoD clearances within 90 days of

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90 days of Effective Date of PPAs and Effective Date of PPAs or 30 days from the date
forward the copies of application to SECI of possession of the land identified for the
within 07 days of filing the applications. Project, whichever is later, and forward the
copies of application to SECI within 07 days of
filing the applications.
25. 16. … …
Note: The RPD should apply for all the Note: Except for S.No. c. above, the RPD should
necessary approvals, permits and clearances apply for all the necessary approvals, permits
not more than 90 days from the Effective and clearances not more than 90 days from the
Date of the PPA, … Effective Date of the PPA, …
26. 17.1 Formula for calculation of applicable EMD amount modified as follows:
EMD amount = Rs. [9,28,000 * S + 12,64,000 * W] *D + 3,66,000 * E,
where,
S= Rated Installed Capacity of Solar component (in MW);
W= Rated Installed Capacity of Wind component and other RE generating sources (in MW);
E= Rated cumulative Installed Capacity of the ESS component (in MWh)
D= Multiplication factor = (A/B);
A= Annual Energy (kWh) to be supplied by the Bidder as per the demand profile under the
RfS = 3846467 * C;
C= Contracted Capacity of the Project (in MW);
B= Annual Energy (kWh) to be supplied from the Project based on committed Installed
capacity = (S * 0.26 + W * 0.35) * 8766 * 1000 - 0.20*Z kWh;
Z= Annual Energy proposed to be supplied through ESS (kWh).
27. 18.1 Formula for calculation of applicable PBG amount modified as follows:
PBG amount = Rs. [23,20,000* S + 31,60,000* W] *D + 9,15,000 * E,
where,
S= Rated Installed Capacity of Solar component (in MW);
W= Rated Installed Capacity of Wind component and other RE generating sources (in MW);
E= Rated cumulative Installed Capacity of the ESS component (in MWh)
D= Multiplication factor = (A/B);
A= Annual Energy (kWh) to be supplied by the Bidder as per the demand profile under the
RfS = 3846467 * C ;
C= Contracted Capacity of the Project (in MW);
B= Annual Energy (kWh) to be supplied from the Project based on committed Installed
capacity = (S * 0.26 + W * 0.35) * 8766 * 1000 - 0.20*Z kWh;
Z= Annual Energy proposed to be supplied through ESS (kWh).
28. 18.1 … …
PBG shall be submitted by the Bidders prior PBG shall be submitted by the Bidders prior to
to signing of PPA. It may be noted that signing of PPA. It may be noted that successful
successful Bidders shall submit the Bidders shall submit the Performance Guarantee
Performance Guarantee according to the according to the Format 7.3C with a validity
Format 7.3C with a validity period up to (& period up to (& including) the date as on 15
including) the date as on 9 months after the months subsequent to commencement of power
SCSD. supply from the first part capacity of the Project.

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… …
29. 18.1 Addendum to the Clause Further, in case of delay in part/full
commencement of supply of power beyond
SCSD, prior to declaration of commencement of
supply by the SECI from such part/full
Contracted Capacity, the RPD shall be required
to submit an additional PBG corresponding to
the amount of applicable penalty, as per
provisions of Clause 9.2.c, on that part/full
Contracted Capacity.
30. 18.11 … The PBG shall be returned to the RPDs, … The PBG shall be returned to the RPDs upon
immediately after successful completion of one year after commencement of
commencement of supply of power from supply of power from the last part
their projects as per Terms of PPA, after capacity/capacity finally accepted under the
taking into account any penalty due to PPA, after taking into account any penalty due
delays in commencement of supply of to delays in commencement of supply of power
power as per Clauses 9 and 10 of the RfS. and performance shortfall in supply of power as
per Clauses 9.1 and 9.2 of the RfS.
31. 18.13 New Clause
It may be noted that the EMD and PBG calculation methodology as brought out above, is
subject to acceptance of the same as part of tariff adoption by the Appropriate Commission.
Any revision in the EMD and/or PBG values as directed by the Appropriate Commission shall
be acceptable to the RPD.
32. 21.1 … date as on 30 days from issuance of LoA. … date as on 30 days from issuance of LoA. For
The Installed Capacity break-up, as example, if the Bidder has been issued a single
submitted … LoA for a cumulative capacity of 200 MW, the
Successful Bidder may choose to split the 200
MW into more than one Project (2 x 100 MW,
for example), within the above deadline.
The Installed Capacity break-up, as submitted …
33. 21.7 New Clause

In addition to the above, subsequent to signing of PPA, the RPD shall be required to submit
the monthly Project status on 5th day of every calendar month as per Annexure-E of the RfS.
34. 21.8 New Clause

In case the Project is ready for part/full commencement of supply of power but the PPA has
not been signed, No Objection Certificate (NOC) may be issued to the RPD (if sought by RPD)
for third-party sale of power from the Project until signing of PPA. The NOC so granted shall
be withdrawn by SECI once the readiness of off-take of the power as per PPA is intimated by
SECI with a notice period of 7 calendar days.
35. 22 New Clause

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Financial Closure or Project Financing Arrangements
22.1 The Projects shall achieve Financial Closure by the date as on 6 months prior to the SCSD/
extended SCSD. (For e.g. if SCSD of the Project is 25.11.2025, then scheduled Financial
Closure date shall be 25.05.2025).

22.2 At the stage of Financial Closure, the RPDs shall report 100% tie-up of Financing
Arrangements for the Projects. In this regard, the RPD shall submit a certificate/
necessary documents from all financing agencies regarding the tie-up of 100% of the
funds indicated for the Project, including arrangements of funds in the form of Equity.
The RPD shall also submit details of all planned/ proposed solar panels, inverters, wind
turbine generators, ESS (manufacturer, model number, datasheet), along with necessary
purchase order/agreements for the Project. The RPD shall also indicate the rated capacity
of storage facility.

22.3 In case of default in achieving above condition as may be applicable within the stipulated
time, SECI shall be entitled to encash PBG/POI and may remove the Project from the
list of the selected Projects. An extension may however be considered, on the sole request
of RPD, on advance payment of extension charges of INR 100/- per day per MW (of
Contracted Capacity) + applicable GST. This extension will not have an impact on the
obligation of RPD to commence supply of power by the Scheduled Commencement of
Supply Date of the Project. Subsequent to the completion of deadline for achieving
financial closure, SECI shall issue notices to the RPDs who are not meeting the
requirements of Financial Closure as per the RfS deadlines. The notice shall provide a
period of 7 business days to the respective RPDs to either furnish the necessary
documents or make the above mentioned payment of Rs. 100/MW/day + GST. In case
of non-submission of either-the requisite documents or the necessary amount upon
expiry of the above mentioned notice period of 7 days-SECI shall encash the PBG/POI
of the corresponding RPDs and may terminate the PPA for the corresponding Project.
The amount of Rs. 100/MW/day + GST shall be paid by the RPDs in advance prior to
the commencement of the said delay period and shall be calculated based on the period
of delay as estimated by the RPD. In case of the RPD meeting the requirements of
Financial Closure before the last date of such proposed delay period (for which extension
charges have been paid), the remaining amount out of the deposited amount by the RPD
shall be returned by SECI. Interest on account of delay in deposition of the above
mentioned charges or on any subsequent extension sought, shall be levied @ one year
SBI MCLR rate /annum on pro-rata basis. Any extension charges paid so, shall be
returned to the RPD without any interest and GST amount on achievement of successful
commencement of power supply within the Scheduled Commencement of Supply Date,
on pro-rata basis, based on the Contracted Capacity that has commenced supply of power
as on Scheduled Commencement of Supply Date.

22.4 The RPD will have to submit the required documents to SECI at least 14 days prior to the
scheduled Financial Closure date. In case of delay in submission of documents
mentioned above, SECI shall not be liable for delay in verification of documents and

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subsequent delay in Financial Closure.
36. 26.xii.i Certified copies of annual audited accounts Certified copies of annual audited accounts for
v for the last financial year, i.e. FY 2022- the last financial year, i.e. FY 2022-23, or
23/21-22, or provisional accounts … provisional accounts …
37. 36.4.v “Beneficial owner” for the purposes of “Beneficial owner” for the purposes of Clause
Clause 36.4.iii.iv. above … 36.4.iv.iv. above …
38. 38.1.i … …
Minimum Net-Worth requirement = [(Rs. Minimum Net-Worth requirement = [(Rs.
92,80,000 x Rated Installed Capacity of 92,80,000 x Rated Installed Capacity of Solar
Solar PV component) + (Rs. 1,26,40,000 x PV component (MW)) + (Rs. 1,26,40,000 x
Rated Installed Capacity of Wind Power Rated Installed Capacity of Wind Power
component) + (Rs. 4-1,46,40,000 x Rated component and other RE sources (MW)) + (Rs.
Installed Capacity of ESS component 36,60,000 x Rated Installed Capacity of ESS
(MW))] component (MWh))]
… …
39. 38.2.ii … amount of INR 25,39,000/MW (Indian … amount of INR 25,39,000/MW (Indian
Rupees Twenty-five Lakhs and Thirty-nine Rupees Twenty-five Lakhs and Thirty-nine
Thousand/MW) of the quoted capacity, … Thousand/MW) of the quoted Contracted
Capacity, …
40. 38.2.iii … INR 31,73,000/MW (Indian Rupees … INR 31,73,000/MW (Indian Rupees Thirty-
Thirty-one Lakhs and Seventy-three one Lakhs and Seventy-three Thousand/MW) of
Thousand/MW) of the quoted capacity, … the quoted Contracted Capacity, …
41. 42.4.vi … …
If no such change as described above is If no such change as described above is effected
effected during the last 20 minutes of during the last 8 minutes of auction …
auction …
42. 45.8 “BUYING ENTITY” shall mean an End “BUYING ENTITY” shall mean an End
Procurer as defined in the Guidelines, Procurer as defined in the Guidelines.
including a DISCOM that requires RE
power to fulfil its RPO under respective
regulations.
43. 45.23 … Provided that a financial institution, … Provided that a financial institution,
scheduled bank, foreign institutional scheduled bank, foreign institutional investor,
investor, Non-Banking Financial Company, Non-Banking Financial Company, and any
and any mutual fund, pension funds and mutual fund, pension funds, sovereign funds and
sovereign funds shall not be deemed to be funds managed by National Investment and
Group Company, … Infrastructure Fund Limited shall not be deemed
to be Group Company, …
44. 45.24 … (including the dedicated transmission … (including the transmission line connecting
line connecting the Projects with the the Projects with the substation system) …
substation system) …
45. 45.43 … The Project shall include auxiliaries and … The Project shall include auxiliaries and
associated facilities, bay(s) for transmission associated facilities, bay(s) for transmission
system in the their switchyard, dedicated system in their switchyard, transmission line up

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transmission line up to the injection point to the injection point and all the other assets,
and all the other assets, buildings/structures, buildings/structures, …

46. 45.60 New Clause “GENERAL NETWORK ACCESS (GNA)”
shall mean General Network Access as defined
under the Central Electricity Regulatory
Commission (Connectivity and General
Network Access to the Inter-State Transmission
System) Regulations, 2022;
47. 45.61 New Clause “SPECIFIED CAPACITY” shall mean the
power (MW) stipulated by the Buying Entity in
a particular time-block as per Annexure-B of this
RfS, which the RPD is obligated to supply as per
the provisions of PPA.
48. Format New Clause We hereby declare that the Project Capacity, for
-7.1 which the bid is being submitted by us has
Clause already been commissioned by us, and for the
4A same, we have not suo-moto terminated any
already signed PPAs with Renewable Energy
Implementing Agencies as identified by the
MNRE and/or State-owned Distribution
Company (DISCOM) for participating in this
RfS under Clause 1.9 of the RfS. (applicable
only in case of already commissioned Projects)
49. Format The Lead Member, on behalf of the The Lead Member, on behalf of the Consortium,
-7.5 Consortium, shall inter alia undertake full shall inter alia undertake full responsibility for
Clause responsibility for liaising with Lenders or liaising with Lenders or through internal
6 through internal accruals and mobilizing accruals and mobilizing debt resources for the
debt resources for the Project, and ensuring Project, and ensuring that the Seller achieves
that the Seller achieves commencement of Financial Closure and commencement of power
power supply in terms of the PPA. supply in terms of the PPA.
50. Format … by demonstrating a Net Worth of … by demonstrating a Net Worth of
-7.6 Rs.………….. Cr. (………………… in Rs.………….. Cr. (………………… in words)
words) as on the last date of Financial Year as on the last date of Financial Year 2022-23 or
2022-23/2021-22 or as on the date … as on the date …
51. Format … by demonstrating an Annual Turnover of … by demonstrating an Annual Turnover of INR
-7.6 INR _________ (________in words) as on _________ (________in words) as on the end of
the end of Financial Year 2022-23/2021-22 Financial Year 2022-23 or as on the day …
or as on the day …
52. Format … by demonstrating a PBDIT of INR … by demonstrating a PBDIT of INR
-7.6 __________(in words) as on the end of __________(in words) as on the end of Financial
Financial Year 2022-23/2021-22 or as on Year 2022-23 or as on the day …
the day …

Page 11 of 32
53. Format Table modified as follows:
-7.9
1 Name of Bidding Company/ Lead Member of
Bidding Consortium
2 Location(s) of Project components
3 Contracted Capacity proposed ………. MW
4 Brief about the Project Configuration breakup (Installed capacity)
i) Rated Installed Capacity of Solar …….. MW
component (S)
ii) Rated Installed Capacity of Wind ……. MW (for each
component and other RE generating component)
sources (W)
iii) Rated cumulative Installed Capacity of ……. MW/ …… MWh
the ESS component (Brief write-up about the
ESS to be annexed with
this Format)
iv) Annual Energy proposed to be …….. kWh
supplied through ESS (Z)
54. Format Modified as follows:
-7.10 INTEGRITY PACT
(The scanned version of the format, duly signed by SECI’s authorized signatory, is
available on the ETS portal as addendum to the RfS. Bidders are required to submit
signed and scanned copy of the document available on ETS portal)
55. Annexu In any time-block, 10 MW capacity shall be In every time-block, 10 MW capacity shall be
re-B mapped to the GIFT PCL and remaining mapped to the GIFT PCL and remaining
S.No. 3 capacity shall be mapped to BYPL and capacity shall be mapped to BYPL and BRPL.
BRPL.
56. Annexu Modified Annexure is enclosed with this Amendment.
re-C
57. Annexu New Annexure is enclosed with this Amendment.
re-E
Amendments in the PPA document
1. Recital Addendum to the Recital SECI has been designated as a Renewable
B Energy Implementing Agency (REIA) for
developing and facilitating the establishment of
the Grid connected RE power capacity in India
in terms of the above Policy of the Government
of India;
2. 1.1 “Commencement of Power Supply” “Commencement of Power Supply” or
“Commencement of Supply of Power”
3. 1.1 shall mean a single point or multiple points shall mean a single point or multiple points at the
“Delive at the voltage level of 220 kV or above of voltage level of 220 kV or above of the ISTS
ry the ISTS Sub-station including the Sub-station including the transmission line
Point”/ dedicated transmission line connecting the connecting the RE power Project …

Page 12 of 32
“Interc RE power Project …
onnecti
on
Point”
4. 1.1 Shall mean the date occurring twenty-five Shall mean the date occurring as on twenty-five
“Expiry (25) years from the the Scheduled (25) years from the Scheduled Commencement-
Date” Commencement-of-Supply Date (SCSD) of-Supply Date (SCSD)
5. 1.1 … …
“RE The Project shall include all units and The Project shall include all units and auxiliaries
Project auxiliaries such as water supply, treatment such as water supply, treatment or storage
” or or storage facilities; bay/s for transmission facilities; bay/s for transmission system in the
“Projec system in the switchyard, dedicated switchyard, transmission line up to …
t” transmission line up to …
6. 1.1 New Definition
“Specif
ied “Specified Capacity” shall mean the power (MW) stipulated by the Buying Entity in a
Capacit particular time-block as per Schedule-4 of this Agreement, which the RPD is obligated to
y” supply as per the provisions of this Agreement.
7. 3.1.2 The above configuration shall be identical The above configuration shall be identical to the
to the “installed capacity” for which “installed capacity” for which connectivity has
connectivity has been granted to the RPD been granted to the RPD under the GNA
under the GNA Regulations. The above Regulations. The above configuration can be
configuration can be changed subsequent to changed subsequent to issuance of LoAs until
issuance of LoAs until the date as on 12 SCSD/extended SCSD. Also, any change in
months after the Effective Date. Also, any Delivery Point is allowed upto the deadline for
change in Delivery Point is allowed upto the Financial Closure as per Article 3.4 of the PPA.
date as on 12 months after the Effective …
Date. …
8. 3.2.3 If the RPD fails to commence supply of If the RPD fails to commence supply of power
power from the SCSD specified in this from the SCSD and in case of performance
Agreement or any further extension thereof shortfall in power supply specified in this
duly granted by SECI, subject to conditions Agreement or any further extension thereof
mentioned in Article 4.5, SECI shall encash granted by SECI, subject to conditions
the Performance Bank Guarantee / Payment mentioned in Article 4.5, SECI shall encash the
on Order Instrument equivalent to the Performance Bank Guarantee / Payment on
amount calculated as per liquidated Order Instrument equivalent to the amount
damages applicable under Article 4.6 calculated as per penalties applicable under
without prejudice to the other rights of SECI Article 4.6 and Article 4.4.10 as on the date of
under this Agreement. The damages/dues encashment without prejudice to the other rights
recovered by SECI by encashing the of SECI under this Agreement. It is to be noted
PBG/POI under the PPA, shall be credited that the damages/dues recovered by SECI by
to the payment security fund maintained by encashing the PBG/POI under the PPA, upon
SECI. the default of the RPD shall be credited to the

Page 13 of 32
payment security fund maintained by SECI
under the PPA.
Further, in case of delay in part/full
commencement of supply of power beyond
SCSD, prior to declaration of commencement of
supply by the RPD from such part/full
Contracted Capacity, the RPD shall be required
to submit an additional PBG corresponding to
the amount of applicable penalty, as per
provisions of Article 4.6.1.(a), on that part/full
Contracted Capacity.
9. 3.3.1 Subject to Article 3.2, SECI shall return / Subject to Article 3.2, SECI shall return / release
release the Performance Bank Guarantee / the Performance Bank Guarantee / Payment on
Payment on Order Instrument within 45 Order Instrument upon completion of one year
days after the successful commencement of after commencement of supply of power from
power supply from the Project, after taking the last part capacity/capacity finally accepted
into account any penalty due to delays in under the PPA, after taking into account any
commencement of power supply beyond the penalty due to delays in commencement of
SCSD as per provisions stipulated in this power supply beyond the SCSD and
Agreement. PBG may be returned on pro- performance shortfall in supply of power as per
rata basis subsequent to commencement of provisions stipulated in this Agreement.
supply from part-capacity of the Project,
based on the request by the RPD.
10. 3.4 New Article:

3.4 Achievement of Financial Closure


The RPD agrees and undertakes to duly perform and complete all of the following activities to
achieve Financial Closure, at the RPD’s own cost and risk, by the date as on 6 months prior to
the SCSD/ extended SCSD:
a) The RPD shall make Project financing arrangements and shall provide necessary certificates
to SECI in this regard;
b) The RPD shall submit the details of all planned/proposed solar panels, inverters, wind
turbine generators, ESS and produce the documentary evidence
(MoU/P.O./LoA/Agreements shall be submitted as evidence) of the same.
11. 3.5 New Article:

3.5 Consequences of non-achievement of Financial Closure


3.5.1 In case of a failure to submit the documents as above, SECI shall encash the Performance
Bank Guarantee/Payment on Order Instrument submitted by the RPD, and may terminate
this Agreement and remove the Project from the list of the selected Projects by giving a
notice to the RPD in writing of at least seven (7) days. Unless extended as per provisions
of Article 3.5.2 of this Agreement in writing, SECI may terminate this Agreement upon
the expiry of the 7th day of the above notice.
3.5.2 An extension, without any impact on the Scheduled Commencement of Supply Date, may

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however be considered, on the sole request of RPD, on payment of Rs. 100/- per day per
MW + applicable GST to SECI. Such extension charges are required to be paid to SECI
in advance, for the period of extension required. In case of any delay in depositing this
extension charge, RPD shall pay an interest on this extension charge for the days lapsed
beyond due date of Financial Closure @ SBI-MCLR (1Year). In case such delay in
making payment of the extension charges to SECI is more than 7 days, SECI may
terminate this Agreement upon the expiry of such 7th day. In case of the RPD meeting
the requirements of Financial Closure before the last date of such proposed delay period
(for which extension charges have been paid), the remaining amount deposited by the
RPD shall be returned by SECI without interest. This extension will not have any impact
on the Scheduled Commencement of Supply Date. Any extension charges paid so by the
RPD, shall be returned to the RPD without any GST amount and interest on achievement
of successful commencement of power supply within the Scheduled Commencement of
Supply Date, on pro-rata basis, based on the Contracted Capacity that has commenced
supply of power as on Scheduled Commencement of Supply Date. However, in case the
RPD fails to start commencement of power supply from the Contracted Capacity by
Scheduled Commencement of Supply Date, the extension charges deposited by the RPD
shall not be refunded by SECI. For the avoidance of doubt, it is clarified that this Article
shall survive the termination of this Agreement.
12. 4.1.1.i) Providing a discount of Rs. 0.02/kWh in the Providing a discount of Rs. 0.02/kWh in the
monthly billing which will be apportioned monthly billing which will be apportioned
towards the payment security mechanism to towards the payment security mechanism to be
be maintained under Article ____ of this maintained under Article 10.1.1 of this
Agreement. … Agreement. …
13. 4.1.1.p) New Article The RPD shall be required to submit the
progress status of the Project to SECI as and
when requested by SECI, strictly within the
timelines provided by SECI. Further, on 5th day
of every calendar month, the RPD shall be
required to submit the Project progress status as
per Annexure-E of the RfS.
14. 4.2.5 The arrangement of connectivity shall be The arrangement of connectivity shall be made
made by the RPD through a dedicated by the RPD through a transmission line. …
transmission line. …
15. 4.2.6 … the liability of inter-state transmission … the liability of inter-state transmission
charges and losses shall be borne by the charges and losses shall be borne by the RPD.
RPD. In case of delay in commencement of power
With respect to power being supplied from supply by the RPD even after the
the ESS component, it is clarified that in operationalization of GNA obtained by the
case the renewable energy supplied from the Buying Entity, RPD shall be liable to pay the
ESS to the Buying Entity amounts to less applicable CTU/STU transmission charges.
than 51% of the total energy supplied in a
Contract Year, the applicable ISTS-charges
and losses being levied on such power being

Page 15 of 32
supplied from the ESS will be borne by the
RPD.
16. 4.4.3 The RPD shall be required to maintain a The RPD shall be required to maintain a
Demand Fulfilment Ratio (DFR) of at least Demand Fulfilment Ratio (DFR) of at least 90%
90% for each time-block, to be reconciled on a monthly basis.
on monthly basis. “Demand Fulfilment Further, for the period from April to October,
Ratio” for a particular time-block shall be RPD shall be required to maintain time-block
calculated as follows: DFR = [Power wise DFR of at least 80%. In case of deviation
Injection Scheduled by the RPD (MW) in a in meeting 80% minimum DFR during the above
particular time block/ Demand (MW) mentioned time period, additional penalty for the
specified by the Buying Entity (MW) for the shortfall from 80% DFR for the corresponding
corresponding time block], subject to the time-blocks shall be levied as per Clause 4.4.10.
max value of DFR being 1. The RPD’s “Demand Fulfilment Ratio” for a particular
performance against this metric will be time-block shall be calculated as follows: DFR
measured by adding up the shortfalls in = [Power Injection Scheduled by the RPD (MW)
meeting the 90% requirement in individual in a particular time block/ Demand (MW)
time-blocks during the month in a Contract specified by the Buying Entity (MW) for the
Year in which power has been scheduled. corresponding time block], subject to the max
value of DFR being 1. The RPD’s performance
against this metric will be measured by
calculating the average DFR of all the time-
blocks during the month in a Contract Year in
which power has been scheduled.
17. 4.4.4 … The RPD can, however, source up to 5% … The RPD can, however, source up to 5% RE
RE power (in energy terms), on annual power (in energy terms), on annual basis, from
basis, from the green market sources/other the green market sources/other bilateral
bilateral agreements, towards meeting the agreements outside the PPA as per extant
supply conditions stipulated in the regulations, towards meeting the supply
RfS/PPA. conditions stipulated in the RfS/PPA.
18. 4.4.6 In order to allow optimization of operation To allow optimization of operation of RE Power
of RE Power generating systems, the RPD generating systems, the RPD is allowed to
is allowed to supply power in excess of the supply power in excess of the Specified Capacity
Contracted Capacity in any time-block, to in any time-block, to any third-party or power
any third-party or power exchange without exchange without requiring any No-Objection
requiring any No-Objection Certificate Certificate (NOC) from SECI/Buying Entity.
(NOC) from SECI/Buying Entity. In this The RPD …
context, “Contracted Capacity in any time-
block” refers to the power (MW) stipulated
by the Buying Entity in a particular time-
block, which the RPD is obligated to supply
as per the provisions of this Agreement. The
RPD …
19. 4.4.6 … In case such power is purchased by the … In both the above cases, if such power is
Buying Entity, it shall be purchased at the purchased by the Buying Entity, it shall be

Page 16 of 32
PPA tariff (plus SECI’s trading margin). purchased at the PPA tariff (plus SECI’s trading
However, it may … margin). However, it may …
20. 4.4.7 Any instance of third-party sale of power Any instance of third-party sale of power from
from the Project by the RPD, while the the Project by the RPD, while the Specified
demand specified in the PPA remains Capacity in any time-block remains unfulfilled,
unfulfilled, shall constitute a breach of shall constitute a breach of RPD’s obligations
RPD’s obligations under the PPA and make and will be considered as RPD Event of Default
the RPD liable for penalty @1.5 times of under this Agreement. In such case of default,
extant market rate/kWh (reference rate RPD shall be liable for an additional penalty
being the applicable rate on the Indian @1.5 times of extant market rate/kWh
Energy Exchange (IEX)) for the quantum of (reference rate being the highest of the
such sale). However, this penalty will not be applicable rates in the DAM/ G-DAM/RTM of
applicable in cases where Buying all the Power Exchanges operating in India on
Entity/SECI does not schedule power that day) for the quantum of such sale. However,
within the demand profile. This penalty will this penalty will not be applicable in cases where
be levied over and above the penalty for Buying Entity/SECI does not offtake power as
shortfall in meeting the minimum DFR offered by the RPD within the Specified
requirement as per Article 4.4.10 below. Capacity. This penalty will be levied over and
above the penalty for shortfall in meeting the
minimum DFR requirement as per Article 4.4.10
below.
21. 4.4.8 It is to be noted that the summation of It is to be noted that under this PPA, the
generation schedule of RE Power to the summation of generation schedule of RE Power
Buying Entity from multiple sources and/or to the Buying Entity from multiple sources
locations cannot be more than the and/or locations cannot be more than the
Contracted Capacity specified in the PPA. Specified Capacity as per this Agreement. The
The RPD may … RPD may …
22. 4.4.10 …. in case the DFR demonstrated by the …. in case the monthly average DFR
RPD is less than 90% in a particular time- demonstrated by the RPD is less than 90% for a
block, such shortfall in performance… particular month, such shortfall in
performance…
23. 4.4.10 … The amount of such penalty will be equal … The amount of such penalty will be equal to
to 1.5 times the Applicable Tariff 1.5 times the Applicable Tariff corresponding to
corresponding to the energy units not the energy units not scheduled by the RPD as per
supplied by the RPD … the demand profile annexed to this Agreement

24. 4.4.11 ….For each month in a Contract Year, the ….For each month in a Contract Year, the above
above data will be required to be submitted data will be required to be submitted by the RPD
by the RPD to SECI within 10 calendar days to SECI after publishing of REA for the said
after expiry of the previous month, for month, for verification of the performance
verification of the performance parameters parameters for calculating applicable penalty on
for calculating applicable penalty on account of shortfall.
account of shortfall.
25. 4.6.4 Article modified as follows:

Page 17 of 32
Penalty on account of shortfall in Project performance during the first Contract Year shall be
recovered by encashing this BG, in case not paid by the RPD. The PBG submitted in lieu of
timely commencement of power supply shall be retained by SECI in lieu of the above penalty.
Penalty for shortfall in DFR shall be adjusted by SECI against monthly bills of the RPDs.
26. 4.8.1 Addendum to the Article The RPD shall provide full support to SECI
and/or the third party in this regard.
27. 4.9.1 The Parties herein agree that during the The Parties herein agree that during the
subsistence of this Agreement, subject to subsistence of this Agreement, subject to SECI
SECI complying of its obligations & … being in compliance of its obligations & …
28. 5.5 Article Modified as follows:

The RPD shall commission the Project in line with provisions of the Grid Code. The RPD shall
provide 90 days preliminary commissioning notice and 30 days advance commissioning notice
to SECI & Buying Entity. In line with this regulation, the RPD proposing the Project, or its
part (including single component), for trial run or repeat of trial run shall give a notice of not
less than seven (7) days to the concerned RLDC, Buying Entity(ies), and SECI. However, in
case the repeat trial run is to take place within 48 hours of the failed trial run, fresh notice shall
not be required.
The RPD shall submit requisite documents as mentioned below, at least 30 days prior to trail
run of the Project –
i. Intimation regarding the timeline for commencement of supply of power from the Project.
ii. Copy of CON-4 report submitted to CTU.
iii. CEI/CEIG (as applicable) report containing approval for all the components, including
Solar PV modules, WTGs, ESS component(s), inverters, transformers, transmission system
and protection system, along with all annexures/attachments. It would be the responsibility
of the RPD to obtain the certificate.
iv. Approval of Metering arrangement/scheme from CTU/GRID-INDIA/ any other concerned
authority as applicable.
v. Plant Layout, Plant (AC & DC) SLD.
vi. Affidavit certifying that the RPD has obtained all the necessary approvals for
commencement of power supply from the Project, and indemnifying SECI against any
discrepancies in the above details.
vii. Affidavit from the RPD certifying possession of land identified for the Project, bearing the
details of such land parcels where Project is located, and indemnifying SECI against any
discrepancies in the above details.
viii. Documents to establish the compliance of technical requirement as per PPA/RfS.
ix. Invoices against purchase of the Solar PV modules, WTGs, ESS component(s),
Inverters/PCUs, WMS, SCADA and DC cables along with the summary sheet containing
the list of all the invoices, inverters including details and number of items. Lorry Receipts
for delivery of Project components at site along with certified summary sheet by the
authorized signatory.
x. In addition to the above, the RPD shall provide coordinates of WTGs, KML files for the
Solar PV component (specifying each block), details of energy storage systems,
RLMM/ALMM certificates, insurance documents of Project, online monitoring facility as

Page 18 of 32
per the RfS.

It is clarified that SECI shall bear no responsibility in declaration of commissioning/COD of


the Project. However, on the basis of above documents, the RPD shall be required to obtain
No-objection certificate (NOC) from SECI prior to declaration of commissioning/COD of the
Project.

SECI’s scope will be limited to verifying the installation of rated capacity(ies) of the Project,
as per the COD certificate submitted by the RPD. This verification will be at SECI’s discretion
and shall not constitute any certification/confirmation of commissioning/COD of the Project
by SECI. Prior to declaration of commencement of power supply, the RPD shall submit COD
certificate for the corresponding Installed Capacity as part of the requisite documents.

The date of onset of commercial offtake of power by SECI/Buying Entity shall be determined
as the date of commencement of power supply under the RfS/PPA.
29. 5.7 Addendum to the Clause
Further, in case of part commencement of supply of power, the demand profile to be met by
the RPD shall be proportionately reduced and any power being supplied over and above the
modified demand profile shall be treated as excess power under the respective RfS/PPA
provisions. As the RPD commences supply of power in various parts, the demand profile to be
met shall increase proportionately until the commencement of power supply from full
Contracted Capacity/ capacity finally accepted under the PPA is reached.
30. 5.8 SECI & RPD agree that for the purpose of SECI & RPD agree that for the purpose of
commencement of the supply of electricity commencement of the supply of electricity by
by RPD to SECI, liquidated damages for RPD to SECI, penalties for delay etc., …
delay etc., …
31. 9.2 … In case SECI/Buying Entity agree to … In case SECI/Buying Entity agree to purchase
purchase power from a date prior to the power from a date prior to the SCSD, such
SCSD, such power shall be purchased at the power shall be purchased at the Applicable
Applicable Tariff plus SECI’s trading Tariff.
margin.
32. 10.1.1 Pursuant to Article 4.1.1 (i), SECI shall set Pursuant to Article 4.1.1 (i), SECI may set up a
up a payment security fund for RE Projects payment security fund for RE Projects in order
in order to ensure timely payment to the to ensure timely payment. The fund will be
RPD. This fund … created as per the Guidelines and Payment
Security Mechanism (PSM) guidelines, if any.
This fund …
33. 10.1.3 For the purpose of payment of the bills For the purpose of the bills raised by the RPDs,
raised by the RPD(s), in case Energy as per the Regional Energy Account published
Account is published on cumulative basis, by the RPC, in case of cumulative supply,
payment to the RPD(s) for the energy payment to the RPD(s) for the energy delivered
delivered shall be apportioned based on shall be determined as per the segregation of the
JMR taken for the RPD’s Project at the energy account provided by all the RPDs as per
Pooling substation/metering Point. Energy their respective schedules (to be provided in the

Page 19 of 32
delivered shall be determined as per the form of annexure that will be attested by all the
segregation of the energy account provided RPDs).
by all the RPDs as per their schedule (to be
provided in the form of annexure that will
be attested by all the RPDs).
34. 10.5.2 If the SECI disputes the amount payable If the SECI disputes the amount payable under a
under a Monthly Bill or a Supplementary Monthly Bill or a Supplementary Bill, as the
Bill, as the case may be, it shall pay 50% of case may be, it shall pay undisputed amount or
the invoice amount and it shall, within thirty 50% of the invoice amount, whichever is higher,
(30) days of receiving such Bill, issue a and it shall, within thirty (30) days of receiving
notice…. such Bill, issue a notice….
35. 10.5.7 … without prejudice to its right to Dispute, … without prejudice to its right to Dispute, be
be under an obligation to make payment of under an obligation to make payment of
50% of the invoice amount in the Monthly undisputed amount or 50% of the invoice
Bill. amount, whichever is higher, in the Monthly
Bill.
36. 13.5 If the Force Majeure Event or its effects If the Force Majeure Event or its effects continue
continue to be present beyond the period as to be present beyond the period as specified in
specified in Article 4.5.3, termination of this Article 4.5.3, termination of this Agreement
Agreement shall be caused solely at the shall be caused solely at the discretion of SECI
discretion of SECI and there shall not be any after obtaining consent of Buying Entity and
liability (to SECI) arising out of such there shall not be any liability (to SECI/Buying
termination. … Entity) arising out of such termination. ….
37. 15.1 … …
In the event of Change in In the event of Change in
Shareholding/Substitution of Promoters Shareholding/Substitution of Promoters
triggered by the Financial Institutions triggered by the Financial Institutions leading to
leading to signing of fresh PPA with a New signing of fresh PPA with a New Entity, an
Entity, an amount of Rs. 20 Lakh per amount of Rs. 20 Lakh + 18% GST per
Transaction as Facilitation Fee (non- Transaction as Facilitation Fee (non-refundable)
refundable) shall be deposited by the RPD shall be deposited by the RPD to SECI.
to SECI.
38. Schedu Modified Schedule is enclosed with this Amendment.
le 4
Amendments in the PSA document
1. Recital The Government of India has announced The Government of India has announced the
A India’s Climate action plan, which has, Policy for promotion of the renewable energy-
inter-alia, provided a target to achieve 500
based project installation in the country and has
GW non-fossil energy capacity by 2030. set an ambitious target to achieve 500 GW of
non-fossil-based installed energy capacity by the
year 2030;
2. Recital SECI has been designated as a Nodal SECI has been designated as a Renewable
C Agency for developing and facilitating … Energy Implementing Agency (REIA) for
developing and facilitating …

Page 20 of 32
3. Recital SECI had initiated a Tariff Based SECI had initiated a Tariff Based Competitive
D Competitive Bid Process for procurement of Bid Process for procurement of 1260 MW Firm
500 MW Firm and Dispatchable … and Dispatchable …
4. Recital … whichever is more, SECI and/or the … whichever is more, SECI shall obtain
II Buying Entity shall obtain adoption of tariff adoption of tariff from Appropriate
from its State Electricity Regulatory Commission, on the terms and conditions
Commission (SERC) and/or CERC (as contained in this Agreement read with the terms
applicable), on the terms and conditions and conditions contained in the Power Purchase
contained in this Agreement read with the Agreement entered into between SECI and the
terms and conditions contained in the Power RPD. The Parties agree that in the event the
Purchase Agreement entered into between order of adoption of tariff as mentioned above is
SECI and the RPD. The Parties agree that in not issued by the Appropriate Commission
the event the order of adoption of tariff as within the time specified above, this shall entail
mentioned above is not issued by the SERC a corresponding extension in the Scheduled
and/or CERC (as applicable) within the time Commencement of Supply Date (SCSD) of the
specified above, this shall entail a Projects for equal number of days for which the
corresponding extension in the Scheduled Appropriate Commission order has been
Commencement of Supply Date (SCSD) of delayed beyond the above deadline.
the Projects for equal number of days for
which the CERC/SERC order has been
delayed beyond the above deadline.
5. Recital XIV. The Buying Entity shall coordinate Deleted.
with the respective STU and facilitate grant
of necessary NOC for drawl of power, as
required by the RPD.
6. Recital XIII. The Buying Entity shall be XIV. The Buying Entity shall be responsible
responsible for obtaining Grid Access as per for obtaining Grid Access as per the Central
the Central Electricity Regulatory Electricity Regulatory Commission
Commission (Connectivity and General (Connectivity and General Network Access to
Network Access to the inter-State the inter-State Transmission System)
Transmission System) Regulations, 2022, Regulations, 2022, and for obtaining any Grid
and for obtaining any Grid Access/NOC/clearance from the respective State
Access/NOC/clearance from the respective Transmission Utility (STU)/SLDC, at its own
State Transmission Utility (STU)/SLDC, at risk and cost. The Buying Entity(ies) is required
its own risk and cost. The Buying Entity is to obtain the open access/grid access application
required to file the GNA application and as per extant regulations for power evacuation
NOC application within 30 days of signing from delivery point(s). The Buying Entity(ies)
of PSA. It is clarified that in case the shall ensure that they obtain the GNA prior to
Detailed Procedure under the GNA Scheduled Commencement of Supply Date or
regulations are not enforced until the Project actual commencement of supply of power under
commissioning, the RPD and the Buying the PSA, whichever is earlier. In case of failure
Entity(ies) shall abide by the current to obtain the GNA by the above deadline, all the

Page 21 of 32
Procedure under applicable CERC charges pertaining to supply of power (including
regulations. In such a scenario, the but not limited to t-GNA charges, DSM charges,
responsibility of obtaining LTA will be that etc.) shall be borne by Buying Entity.
of the RPD. In the alternate scenario, no
such requirement will be applicable on the
RPD.
7. 1.2 … However, energy procurement from the … However, energy procurement from the
Project upon early part/ full commencement Project upon early part/ full commencement of
of power supply from the Project shall be power supply from the Project prior to SCSD
subject to the approval of the Buying Entity. shall be subject to the approval of the Buying
Such intimation regarding consent to Entity. Such intimation regarding consent to
procure energy from early … procure energy from early …
8. 2.3 Addendum to the Article Supplementary bill for LPS will be issued by
SECI based on adjustment of payment towards
LPS already done as per LPS rules 2022
including its subsequent amendments and
clarifications.
9. 2.4 For payment of any Bill on or before Due For payment of any Bill including
Date, the Rebate shall be paid by the SECI supplementary bill on or before Due Date, the
to Buying Entity in the following manner: Rebate shall be paid by the SECI to Buying
… Entity in the following manner:

10. 2.4.c) No Rebate shall be payable on the Bills Rebate shall be payable on the Bills raised on
raised on account of Change in Law relating account of Change in Law relating to taxes,
to taxes, duties, cess etc. duties, cess etc.
11. 2.5.2 Addendum to the Article:

Provided that if Buying Entity (Deemed Distribution Licensee) is not covered under the
“Implementation of the Electricity (Late Payment Surcharge and related matters) Rules, 2022”
issued by Ministry of Power vide OM dated 12.08.2022, the above phrases “110% of the
estimated average monthly billing” and “110% of average of the monthly tariff payments of
the previous Contract year billing” shall be substituted with “210% of the estimated average
monthly billing” and “210% of average of the monthly tariff payments of the previous Contract
year” respectively.

Further, provided that if the Buying Entity (Deemed Distribution Licensee) is not covered by
the State Government Guarantee (including the Tri-Partite Agreement or TPA) or is unable to
provide State Government Guarantee (including the Tri-Partite Agreement or TPA), the above
phrases “110% of estimated average monthly billing” and “110% of average of the monthly
tariff payments of the previous Contract year billing” shall be substituted with “210% of three
times the estimated average monthly billing” and “210% of three times average of the monthly
tariff payments of the previous Contract year” respectively.

Furthermore, provided that if the Buying Entity is other than Deemed Distribution Licensee,

Page 22 of 32
the above phrases “110% of estimated average monthly billing” and “110% of average of the
monthly tariff payments of the previous Contract year billing” shall be substituted with “210%
of six times the estimated average monthly billing” and “210% of six times average of the
monthly tariff payments of the previous Contract Year” respectively.
12. 2.8.1 Modified as follows:

Notwithstanding anything to the contrary contained in this Agreement, SECI shall be entitled
to but not obligated to regulate supply of Power of the Buying Utility in case of:
a. Default in making payment by the 15th day after the Due Date of the Buying Utility.
b. non-maintenance of Payment Security Mechanism as per Article 2.5, provided that advance
payment of at least one month shall constitute payment security if there are no outstanding
dues.
SECI shall issue the Notice for Regulation of Power Supply on the date above and shall give a
notice of 15 days to start the regulation on the 16th day thereafter in accordance with Electricity
(Late Payment Surcharge and Related Matters) Rules, 2022 as amended and notified from time
to time.
13. 2.9.2. If Buying Entity disputes the amount If Buying Entity disputes the amount payable
payable under a Monthly Bill it shall pay under a Monthly Bill it shall pay undisputed
undisputed amount of the invoice amount amount of the invoice amount or 50% of the
and it shall within fifteen (15) days of invoice amount, whichever is higher, and it shall
receiving such Bill, … within fifteen (15) days of receiving such Bill,

14. 2.9.7 … be under an obligation to make payment … be under an obligation to make payment of
of 50% of the invoice amount in the undisputed amount or 50% of the invoice
Monthly Bill. amount, whichever is higher, in the Monthly
Bill.
15. 2.11.3 The provisions of Article 4.4 of the PPA The provisions of Article 4.4 of the PPA shall be
shall be applicable mutatis 17utanda to this applicable mutatis mutandis to this …

16. 2.11.3 … (enclosed as Annexure- ___ of the PPA). … (enclosed as Schedule-3 of the PPA). …

17. 2.11.6 The compensation as per Article 4.4.3 of the The penalty as per Article 4.4.3 of the PPA …
PPA …
18. 3.3 If the Force Majeure Event or its effects If the Force Majeure Event or its effects continue
continue to be present beyond a period as to be present beyond a period as specified in
specified in Article 4.5.3 of the PPA; Article 4.5.3 of the PPA; termination of the PPA
termination of the PPA shall be caused shall be caused solely at the discretion of SECI
solely at the discretion of SECI. In such an after obtaining consent of Buying Entity. In this
event, this Agreement shall terminate on the case, SECI shall intimate the Buying Entity and
date of such Termination Notice without the Buying Entity shall provide its response
any further liability to either Party from the within 30 days, unless extended by SECI. In the
date of such termination. absence of any response from the Buying Entity
within this period, the Buying Entity will be
deemed to have given its consent to SECI’s

Page 23 of 32
decision in this regard. In such an event, this
Agreement shall terminate on the date of such
Termination Notice without any further liability
to either Party from the date of such termination.

Page 24 of 32
Annexure – C (Revised)
ILLUSTRATION FOR PENALTY APPLICABLE AGAINST SHORTFALL IN DEMAND
FULFILMENT RATIO (DFR)

For any typical month


Power Scheduled by
the RPD during a Specified DFR (C) =
Day Time-block
particular Day (A), Capacity (B), min(A/B, 1)#
MW MW
01-Mar 00:00-00:15 190 215 0.8837
01-Mar 00:15-00:30 190 215 0.8837
01-Mar 00:30-00:45 190 215 0.8837
01-Mar 00:45-01:00 190 215 0.8837
01-Mar 01:00-01:15 190 215 0.8837
01-Mar 01:15-01:30 190 215 0.8837
… … … … …
07-Mar 06:45-07:00 400 440 0.9090
07-Mar 07:00-07:15 390 430 0.9069
07-Mar 07:15-07:30 390 430 0.9069
07-Mar 07:30-07:45 390 430 0.9069
07-Mar 07:45-08:00 390 430 0.9069
07-Mar 08:00-08:15 390 430 0.9069
… … … … …
25-Mar 14:45-15:00 360 400 0.9000
25-Mar 15:00-15:15 350 390 0.8974
25-Mar 15:15-15:30 350 390 0.8974
25-Mar 15:30-15:45 350 390 0.8974
25-Mar 15:45-16:00 350 390 0.8974
… … … … …
31-Mar 23:00-23:15 380 420 0.9047
31-Mar 23:15-23:30 380 420 0.9047
31-Mar 23:30-23:45 380 420 0.9047
31-Mar 23:45-24:00 380 420 0.9047
Mean DFR for all time-blocks for this month, DFRa
0.8945
(Mean of Column C)

Page 25 of 32
#
Values of DFRs will be considered up to 4 places of decimal for the purpose of calculation of penalties
for shortfall in meeting the DFRs.
Total Demand (MUs) for the = ∑B x (1/4) / 1000
month (as per Schedule-3 of the = 278.6125
PPA) (D)
PPA Tariff (Rs./kWh) =P
Min. DFR to be maintained as = 0.9 (as per Clause 8.1.c)
per the RfS (DFRmin)
Actual monthly DFR (DFRa) =0.8945 (Considering power scheduled for the entire
month to be the same)
Penalty for shortfall in the = D x (DFRmin – DFRa) x P x 1.5 x 10 {if DFRa < DFRmin};
DFR (in Lakhs) OR
= 0 {if DFRa > DFRmin}
Illustration:
Assuming PPA tariff (P) of Rs. 4.30 /kWh,
Penalty for shortfall for this month = 278.6125 x (0.9 – 0.8945) x 4.30 x 1.5 x 10
= Rs. 98.83778 Lakhs
= Rs. 98,83,778

Page 26 of 32
Annexure – E of the RfS (New)
FORMAT FOR PROJECT PROGRESS STATUS OF ISTS-CONNECTED RE POWER PROJECT

Reviewed on _______
Present status
(if applicable)
M/s _____ (Project ID & M/s ______ (Project ID
Contracted Capacity) & Contracted Capacity)

Effective Date of PPA:


Effective Date of PPA: ___________
_________
S.
Original/ Revised Remar
No Description
Original/ Revised Scheduled ks
.
Scheduled Commencement of
Commencement of Supply date:
Supply date: __________
___________
Actual Commencement
Actual Commencement of Supply date(s) (with
of Supply date(s) (with capacity): ________
capacity): ________
1 Status of connectivity (Inter
connection voltage level)
Connectivity start date
Bay installation status
2 Land Arrangement status
with Acquisition details
Identification (Yes/No)
Location (Kindly provide the
location co-ordinates)
Status of Ownership
Total area required for the
Project (in acres)
Extent of land acquired (in
acers) (%)
Land procurement (Yes/No)
Land Conversion (Yes/No)
Land title (ownership/land lease
allotment in the name of
Developer) completed/partially
completed, same shall be given
in acres
Solar land- Location (Co-
ordinates)

Page 27 of 32
Wind land- Location (Co-
ordinates)
ESS land- Location (Co-
ordinates)
3 Status of financing
arrangements
Equity tie-up
Financial closure status
Financial lender details
Status of Debt
Sanction/ Disbursement from
Bank
Name of Bank
4 Status of Clearances (if
applicable)
MoD (land area in acres to be
specified)
Forest (land area in acres to be
specified)
Mining (land area in acres to be
specified)
Local Body (land area in acres
to be specified)
Any other clearances
5 Status of Transmission line
including distance and rating
Total distance of transmission
line in km
Voltage Rating of transmission
line
6 Design status of Project
No. of Solar block along with
capacity in MW
Inverter capacity in MW
Inverter transformer capacity in
MVA
No. of WTGs along with
capacity (height & capacity)
No. of ESS along with capacity
(in MW and MWh)
7 Design status of Substation
Voltage rating of Substation
No. of Bays planned

Page 28 of 32
Location of Substation (land
Co-ordinates)
8 Design status of Transmission
line towers and No. of Towers
foundations expected
Tower schedule status
No. of towers expected (In
Nos.)
9 Supply Status
PO status of MMS, Modules,
Inverter, WTGs, Power
transformer, Inverter
transformer, transmission line
tower stubs, structure)
Supply status of Modules to site
(%)
Supply status of Inverter (%)
Supply status of WTGs (%)
Supply status of ESS (%)
Supply status of Power
Transformer (%)
Supply status of Inverter
Transformer (%)
Supply status of transmission
line towers stubs (%)
Supply status of transmission
line towers structure (%)
Overall status of supply (%)
10 Civil work status
Solar- pile works status (No. of
piles for the Project vs.
completed status)
Wind-Foundation work status
(No. of WTG's for the Project
vs. completed status)
Substation-foundation work
status (No. of equipment
foundation for the substation vs.
completed status)
Transmission line-Foundation
work status (No. of tower
foundation for the project vs.
completed)
11 Erection

Page 29 of 32
Solar panels- Erected capacity
Wind turbine-Erected capacity
ESS- Installed capacity
S/s Equipment erection status
Transformer erection
Equipment erection
Pre-commissioning status
T/L-Tower erection in Nos.
T/L-Stringing in km
12 Pre-commissioning Status

Page 30 of 32
REVISED SCHEDULE 4 OF THE PPA: ILLUSTRATION FOR PENALTIES APPLICABLE
AGAINST SHORTFALL IN DEMAND FULFILMENT RATIO (DFR)

For any typical month

Power Scheduled by
the RPD during a Specified DFR (C) =
Day Time-block
particular Day (A), Capacity (B), min(A/B, 1)#
MW MW
01-Mar 00:00-00:15 190 215 0.8837
01-Mar 00:15-00:30 190 215 0.8837
01-Mar 00:30-00:45 190 215 0.8837
01-Mar 00:45-01:00 190 215 0.8837
01-Mar 01:00-01:15 190 215 0.8837
01-Mar 01:15-01:30 190 215 0.8837
… … … … …
07-Mar 06:45-07:00 400 440 0.9090
07-Mar 07:00-07:15 390 430 0.9069
07-Mar 07:15-07:30 390 430 0.9069
07-Mar 07:30-07:45 390 430 0.9069
07-Mar 07:45-08:00 390 430 0.9069
07-Mar 08:00-08:15 390 430 0.9069
… … … … …
25-Mar 14:45-15:00 360 400 0.9000
25-Mar 15:00-15:15 350 390 0.8974
25-Mar 15:15-15:30 350 390 0.8974
25-Mar 15:30-15:45 350 390 0.8974
25-Mar 15:45-16:00 350 390 0.8974
… … … … …
31-Mar 23:00-23:15 380 420 0.9047
31-Mar 23:15-23:30 380 420 0.9047
31-Mar 23:30-23:45 380 420 0.9047
31-Mar 23:45-24:00 380 420 0.9047
Mean DFR for all time-blocks for this month, DFRa
0.8945
(Mean of Column C)

Page 31 of 32
#
Values of DFRs will be considered up to 4 places of decimal for the purpose of calculation of penalties
for shortfall in meeting the DFRs.
Total Demand (MUs) for the = ∑B x (1/4) / 1000
month (as per Schedule-3 of the = 278.6125
PPA) (D)
PPA Tariff (Rs./kWh) =P
Min. DFR to be maintained as = 0.9 (as per Clause 8.1.c)
per the RfS (DFRmin)
Actual monthly DFR (DFRa) =0.8945 (Considering power scheduled for the entire
month to be the same)
Penalty for shortfall in the = D x (DFRmin – DFRa) x P x 1.5 x 10 {if DFRa < DFRmin};
DFR (in Lakhs) OR
= 0 {if DFRa > DFRmin}
Illustration:
Assuming PPA tariff (P) of Rs. 4.30 /kWh,
Penalty for shortfall for this month = 278.6125 x (0.9 – 0.8945) x 4.30 x 1.5 x 10
= Rs. 98.83778 Lakhs
= Rs. 98,83,778

Page 32 of 32

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