Mundra Ultra Mega Power Plant: Difference between revisions
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{{Infobox power station |
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'''Mundra Ultra Mega Power Project''' ('''Mundra UMPP''') is a [[subbituminous coal]]-fired power plant in Tunda village at [[Mundra]], [[Kutch district]] in [[Gujarat]], India. The coal for the power plant is imported primarily from [[Indonesia]]. Source of water for the power plant is sea water from [[Gulf of Kutch]]. The power plant is owned by [[Tata Power]]. The special purpose vehicle Coastal Gujarat Power Ltd (CGPL) was incorporated on 10 February 2006. |
'''Mundra Ultra Mega Power Project''' ('''Mundra UMPP''') is a [[subbituminous coal]]-fired power plant in Tunda village at [[Mundra]], [[Kutch district]] in [[Gujarat]], India. The coal for the power plant is imported primarily from [[Indonesia]]. Source of water for the power plant is sea water from [[Gulf of Kutch]]. The power plant is owned by [[Tata Power]]. The special purpose vehicle Coastal Gujarat Power Ltd (CGPL) was incorporated on 10 February 2006. |
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<ref name="Tata Power">{{cite web|url=http://www.tatapower.com/aboutus/coastal-gujarat-power-ltd.aspx |title=Coastal Gujarat Power Ltd (CGPL) |publisher=http://www.tatapower.com |date= |accessdate= |
<ref name="Tata Power">{{cite web|url=http://www.tatapower.com/aboutus/coastal-gujarat-power-ltd.aspx |title=Coastal Gujarat Power Ltd (CGPL) |publisher=http://www.tatapower.com |date= |accessdate=9 January 2012}}</ref> |
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== Capacity == |
== Capacity == |
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* Article 13 of the PPA due to Change in Law |
* Article 13 of the PPA due to Change in Law |
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The company stand is that that the definition of law under the PPA is an inclusive (and not exhaustive) definition. The definition of law covers ‘any law’ and is not restricted to Indian law. The term ‘law’ is required to be interpreted in a contextual basis with a view to give business efficacy to the PPA since the project is based on imported coal and the fuel supply arrangements are a part of the Project Documents. The definition of Law must be given a plenary meaning and cannot be read down by confining it to Indian laws. The promulgation and enforcement of ‘Regulation of Ministry of Energy and Mineral Resources No. 17 of 2010 regard procedure for Setting Mineral and Coal Benchmark Selling Price’ dated 23.09.2010 by Government of Indonesia ( |
The company stand is that that the definition of law under the PPA is an inclusive (and not exhaustive) definition. The definition of law covers ‘any law’ and is not restricted to Indian law. The term ‘law’ is required to be interpreted in a contextual basis with a view to give business efficacy to the PPA since the project is based on imported coal and the fuel supply arrangements are a part of the Project Documents. The definition of Law must be given a plenary meaning and cannot be read down by confining it to Indian laws. The promulgation and enforcement of ‘Regulation of Ministry of Energy and Mineral Resources No. 17 of 2010 regard procedure for Setting Mineral and Coal Benchmark Selling Price’ dated 23.09.2010 by Government of Indonesia ("Indonesian Regulations") led to an unprecedented, uncontrollable and unforeseeable rise in coal prices which constitutes a ‘Change in Law’ under the PPA. |
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* Article 12 of the PPA, pertaining to Force Majeure |
* Article 12 of the PPA, pertaining to Force Majeure |
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The definition of Force Majeure under Article 12.3 of the PPA covers |
The definition of Force Majeure under Article 12.3 of the PPA covers "any event or circumstance or combination of events or circumstances that wholly or partly prevents or unavoidably delays an Affected Party in performing its obligations under the PPA to the extent such events or circumstances are not within the reasonable control, directly or indirectly of the Affected Party and could not have been avoided if the Affected Party had taken reasonable care". Tata Power is arguing that the promulgation of the Indonesian Regulation is an event which is beyond its control and has made it impossible for the company to perform its obligations as per the contracted price. So this is covered as a Force Majeure event under Article 12.3 of the PPA. |
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* CERC's power to 'regulate' tariff by exercising its powers under Section 79(1)(b) of the Electricity Act, 2003. |
* CERC's power to 'regulate' tariff by exercising its powers under Section 79(1)(b) of the Electricity Act, 2003. |
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On 18 July 2012 the [[Central Electricity Regulatory Commission]] deferred a decision on Tata Power's petition. [[Central Electricity Regulatory Commission]] has asked the company to go back and take recourse to the dispute resolution provisions of the power purchase agreement (PPA) before seeking relief from the [[Central Electricity Regulatory Commission]].<ref>{{cite web|author=Financial Express |url=http://www.financialexpress.com/news/cerc-defers-decision-on-tata-power-plea/976947/0 |title=CERC defers decision on Tata Power plea |publisher=Financialexpress.com |date= |accessdate=2013-01-09}}</ref> |
On 18 July 2012 the [[Central Electricity Regulatory Commission]] deferred a decision on Tata Power's petition. [[Central Electricity Regulatory Commission]] has asked the company to go back and take recourse to the dispute resolution provisions of the power purchase agreement (PPA) before seeking relief from the [[Central Electricity Regulatory Commission]].<ref>{{cite web|author=Financial Express |url=http://www.financialexpress.com/news/cerc-defers-decision-on-tata-power-plea/976947/0 |title=CERC defers decision on Tata Power plea |publisher=Financialexpress.com |date= |accessdate=2013-01-09}}</ref> |
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On 25 October 2012 the CERC admitted the petition for hearing since the consultative process under Article 17.3 of the Power Purchase Agreement (PPA) between Coastal Gujarat Power Ltd and the lead procurer, Gujarat Urja Vikas Nigam Limited (GUVNL) had failed. The petition will now be renotified for hearing on 4 December |
On 25 October 2012 the CERC admitted the petition for hearing since the consultative process under Article 17.3 of the Power Purchase Agreement (PPA) between Coastal Gujarat Power Ltd and the lead procurer, Gujarat Urja Vikas Nigam Limited (GUVNL) had failed. The petition will now be renotified for hearing on 4 December 2012.<ref>http://www.cercind.gov.in/2012/orders/Signed_Order_159_2012.pdf</ref> On 4 December 2012 the CERC heard the submissions of the petitioner, Coastal Gujarat Power Limited and the respondents and scheduled the next hearing for January 10, 2013 <ref>{{cite web|author=Utpal Bhaskar |url=http://www.livemint.com/Page/Id/2.0.722932851 |title=CERC decision on Mundra power tariff issue likely this month |publisher=Livemint |date=2013-01-02 |accessdate=2013-01-09}}</ref> |
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==See also== |
==See also== |
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Revision as of 15:51, 10 August 2013
| Mundra Ultra Mega Power Project | |
|---|---|
 | |
| Land | Indien |
| Standort | Tunda village in Mundra, Kutch district, Gujarat |
| Coordinates | 22°49′N 69°32′E / 22.82°N 69.53°E |
| Status | Operational |
| Construction began | 2007 |
| Commission date | 2012-2013 |
| Owner(s) | Tata Power |
| Operator(s) | Coastal Gujarat Power Ltd. |
| Power generation | |
| Nameplate capacity |
|
Mundra Ultra Mega Power Project (Mundra UMPP) is a subbituminous coal-fired power plant in Tunda village at Mundra, Kutch district in Gujarat, India. The coal for the power plant is imported primarily from Indonesia. Source of water for the power plant is sea water from Gulf of Kutch. The power plant is owned by Tata Power. The special purpose vehicle Coastal Gujarat Power Ltd (CGPL) was incorporated on 10 February 2006. [1]
Capacity
The capacity of the project is 4,000 MW with 5 units of 800 MW each.
| Stage | Unit Number | Installed Capacity (MW) | Date of Commissioning |
|---|---|---|---|
| 1st | 1 | 800 | March 2012 [2] |
| 2nd | 2 | 800 | July 2012[3] |
| 3rd | 3 | 800 | October 2012 [4] |
| 4th | 4 | 800 | January 2013 [5] |
| 5th | 5 | 800 | March 2013 |
| Total | Five | 4000 |
Technologie
The plant uses super-critical boiler technology. Compared to other sub-critical plants in India, Mundra UMPP would use 1.7 million tonnes of less coal per year while generating the same quantum of power.[4] Boilers are supplied by Doosan and turbines are supplied by Toshiba.
Buyers
Tata Power entered into a power purchase agreement for the sale of the 4,000 MW capacity of the plant.[6]
| State | Contracted Capacity (MW) |
|---|---|
| Gujarat | 1,805 |
| Maharashtra | 760 |
| Punjab | 475 |
| Rajasthan | 380 |
| Haryana | 380 |
| Non-PPA | 200 |
| Total | 4000 |
In January 2013, the company terminated the PPA with the Rajasthan distribution companies - Jaipur Vidyut Vitaran Nigam, Jodhpur Vidyut Vitaran Nigam and Ajmer Vidyut Vitaran Nigam - due to non-compliance on payment security related issues and consistent failure on the part of the discoms as procurers to fulfill their obligations, including collateral arrangements. The company will now have to option of selling the power in the merchant market.[7]
Controversy over power tariff
Tata Power won the project through a competitive tariff based bidding route in 2006 by quoting 55% of the fuel cost as a non-escalable component and a levellised tariff of Rs 2.26 per kWh or unit.[8] The company is now requesting Central Electricity Regulatory Commission to allow hike to about Rs 3.00 per unit [9] to factor in increase in price of coal imported from Indonesia following the Indonesian government’s decision to change its mining law to bring coal price in line with the international market.[10]
The company has petitioned the CERC to rule whether the company can claim relief under any/all of the following:[11]
- Article 13 of the PPA due to Change in Law
The company stand is that that the definition of law under the PPA is an inclusive (and not exhaustive) definition. The definition of law covers ‘any law’ and is not restricted to Indian law. The term ‘law’ is required to be interpreted in a contextual basis with a view to give business efficacy to the PPA since the project is based on imported coal and the fuel supply arrangements are a part of the Project Documents. The definition of Law must be given a plenary meaning and cannot be read down by confining it to Indian laws. The promulgation and enforcement of ‘Regulation of Ministry of Energy and Mineral Resources No. 17 of 2010 regard procedure for Setting Mineral and Coal Benchmark Selling Price’ dated 23.09.2010 by Government of Indonesia ("Indonesian Regulations") led to an unprecedented, uncontrollable and unforeseeable rise in coal prices which constitutes a ‘Change in Law’ under the PPA.
- Article 12 of the PPA, pertaining to Force Majeure
The definition of Force Majeure under Article 12.3 of the PPA covers "any event or circumstance or combination of events or circumstances that wholly or partly prevents or unavoidably delays an Affected Party in performing its obligations under the PPA to the extent such events or circumstances are not within the reasonable control, directly or indirectly of the Affected Party and could not have been avoided if the Affected Party had taken reasonable care". Tata Power is arguing that the promulgation of the Indonesian Regulation is an event which is beyond its control and has made it impossible for the company to perform its obligations as per the contracted price. So this is covered as a Force Majeure event under Article 12.3 of the PPA.
- CERC's power to 'regulate' tariff by exercising its powers under Section 79(1)(b) of the Electricity Act, 2003.
Tata Power is arguing that CERC has the power under Section 79(1)(b) of the Electricity Act, 2003 to revisit/restructure the tariff for a power project if the project has lost its viability and it has become commercially impossible for the project owner to perform its contractual obligations.
On 18 July 2012 the Central Electricity Regulatory Commission deferred a decision on Tata Power's petition. Central Electricity Regulatory Commission has asked the company to go back and take recourse to the dispute resolution provisions of the power purchase agreement (PPA) before seeking relief from the Central Electricity Regulatory Commission.[12]
On 25 October 2012 the CERC admitted the petition for hearing since the consultative process under Article 17.3 of the Power Purchase Agreement (PPA) between Coastal Gujarat Power Ltd and the lead procurer, Gujarat Urja Vikas Nigam Limited (GUVNL) had failed. The petition will now be renotified for hearing on 4 December 2012.[13] On 4 December 2012 the CERC heard the submissions of the petitioner, Coastal Gujarat Power Limited and the respondents and scheduled the next hearing for January 10, 2013 [14]
See also
References
- ^ "Coastal Gujarat Power Ltd (CGPL)". http://www.tatapower.com. Retrieved 9 January 2012.
{{cite web}}: External link in|publisher= - ^ Business Standard (9 March 2012). "Tata Power commissions Mundra UMPP's first 800 MW unit". Business-standard.com. Retrieved 9 January 2013.
{{cite web}}:|author=has generic name (help) - ^ Shankar Subramaniam. "Business Line : Companies News : Tata Power's Mundra plant Unit II becomes operational". Thehindubusinessline.com. Retrieved 9 January 2013.
- ^ a b "Tata Power synchronises third 800 MW unit at Mundra UMPP - PTI". Moneycontrol.com. Retrieved 9 January 2013.
- ^ Business Standard. "Tata Power synchronises unit 4 of Mundra UMPP". Business-standard.com. Retrieved 9 January 2013.
{{cite web}}:|author=has generic name (help) - ^ PTI Oct 7, 2012, 11.44AM IST (7 October 2012). "Tata Power sees Rs 3,000 crore equity erosion in Mundra UMPP project: Sources - Economic Times". Articles.economictimes.indiatimes.com. Retrieved 9 January 2013.
{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - ^ Business Standard (5 January 2013). "Rajasthan break to put Tata's Mundra power in open market". Business-standard.com. Retrieved 9 January 2013.
{{cite web}}:|author=has generic name (help) - ^ "Mundra braces for CERC order". Financialexpress.com. Retrieved 9 January 2013.
- ^ Business Standard (17 July 2012). "Tata Power seeks higher tariff for Mundra UMPP". Business-standard.com. Retrieved 9 January 2013.
{{cite web}}:|author=has generic name (help) - ^ DNA India (3 July 2012). "On Mundra UMPP, great confusion, no clear solution - Money - DNA". Dnaindia.com. Retrieved 9 January 2013.
- ^ Central Electricity Regulatory Commission India (4 December 2012). "Record of Proceedings in Petition No. 159 of 2012". cercind.gov.in.
{{cite web}}:|access-date=requires|url=(help); Missing or empty|url=(help); Text "http://www.cercind.gov.in/2012/rop/Signed%20ROP%20in%20Pet%20No.%20159%20of%202012_doh%204.12.2012_.pdf" ignored (help) - ^ Financial Express. "CERC defers decision on Tata Power plea". Financialexpress.com. Retrieved 9 January 2013.
- ^ http://www.cercind.gov.in/2012/orders/Signed_Order_159_2012.pdf
- ^ Utpal Bhaskar (2 January 2013). "CERC decision on Mundra power tariff issue likely this month". Livemint. Retrieved 9 January 2013.