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AGREEMENT BETWEEN
AND TAMIL NADU ELECTRICITY BOARD FOR THE PARALLEL OPERATION AND SALE OF
SURPLUS POWER FROM
BY
TNEB.
THIS AGREEMENT entered in to at
. on the day of
. Two thousand four Between
., a company incorporated under the companies
Act, 1956 (CA1 of 1956) having its registered office at
.
(hereinafter called the POWER GENERATING COMPANY) represented by Thiru.
., as party of the first park and the Tamil Nadu Electricity
Board, a body corporate constituted under the Electricity (Supply) Act,
1948 (C.A.54 of 1948) having its office at N.P.K.R.R. Maaligai,
Electricity Avenue, 800, Anna Salai, Chennai-2, represented by Thiru
Superintending Engineer /
. EDC (hereinafter called the
Board) as party of the SECOND PART.
WHEREAS the BOARD has taken note of the
information from the party of the FIRST PART to establish
.. MW
biomass based power plant at
.. village,
.. Taluk,
. District to generate Electricity and to sell entire surplus
energy after its consumption.
WHEREAS the power generating company has
offered to sell the surplus power generated by the Biomass power plant
in it fold to the BOARD.
AND WHEREAS the BOARD has taken note of
the information about establishment of the said plant and has accepted
to purchase the surplus power on the terms and conditions hereinafter
agree to
NOW THESE PRESENTS
WITNESSETH and the parties hereto agree as follows :
Definition
Biomass means any agro waste like Sugar
Cane Residuals, Wood Chips, Saw Dust, Rice Husk, Coconut Shell, Ground
Nut Shell, Coffee Husk, Cane Trash, Casurina Wood, Juliflora, Tapioca
Waste, Tapioca Stem, Tapioca Peeling, Coconut Fronds, Coconut Coir,
Coconut Raiches & Stem, Coirpith, Maize Stalk, Cotton Stalk, Paddy Hay
etc., that are classified as Non Conventional Sources of energy by the
Ministry of Non conventional Energy Sources, Government of India.
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The power generating company shall feed
the surplus power from their Biomass power plant into the Boards
grid and the Board shall draw the power and pay therefor.
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There shall be direct transfer of power
from the plant to the grid of Tamilnadu Electricity Board and for
this purpose the generators of the power generation company shall be
permitted to be paralleled with the Boards Grid subject to the
terms and conditions imposed by the Board from time to time.
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The power generating company shall be
bound by all the provisions of Electricity Act 2003, Statutory
amendments made form time to time and also orders of the Government
of Tamil Nadu related to the project and directors of the Board
issued from time to time.
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The power generating company shall be
responsible for designing the generating set and protection system
of the plant for the safe parallel operation with the Boards grid.
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The company shall provide an exclusive
circuit breaker of the appropriate voltage level and rating at the
biomass power plant end for interconnecting the plant with TNEB
grid.
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The company shall make good the losses,
if any, due to any damage that may be caused to the equipment /
lines of the Board resulting on account of parallel operation of its
plant.
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The company agrees that the Board will
not be responsible for any damage to its power plant resulting from
parallel operation with the grid and that the Board shall not be
held liable to pay any compensation for any such damage.
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Works on power evacuation facilities
shall be executed by the Power Generating company at the companys
cost.
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The interfacing with the Boards grid
shall be at the voltage level of
kV.
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The Power generating companys annual
maintenance requirements shall be from
.. to
the
Power generating company shall inform the Board of any changes
in the maintenance schedule at least one week in advance.
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In the last week of every calender
month, the Power generating company shall furnish to the Board a
supply plan indicating the quantum of energy likely to be delivered
during the next calender month. Arrangements shall be made for
transmission of on Line data of the generated power to Load
Despatch Centre. The anticipated generation may be furnished one day
in advance on routine.
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The generating company shall obtain
prior permission of the Chief Engineer / Distribution concerned for
the drawal of start up power from the grid giving complete split up
details of preferential loads of the biomass power plant. The power
has to be availed through the interfacing line itself as per
permanent B.P. (CH) No.: 319, dt. 30.10.95 and the amendments made
from time to time.
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Biomass power plants are exempted from
merit order backing down as per (per) B.P. (FB) No : 86 (TB) dt.
5.7.03.
As per the B.P (FB) No : 59, dt. 11.4.200,
the price for the financial year 2004-05 works out to Rs.3.15 per unit
with 5% annual esclation for the period upto 2010 and the price shall
not exceed 90% of the prevailing H.T. Industrial tariff which is
provisional and will be subject to retrospective modification as and
when tariff orders are revised by TNERC.
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Billing and payment : The power
generating company shall prepare bill every month based on the meter
reading certified by the TNEB / in accordance with the provisions of
the PPA in duplicate and forward it to the Superintending Engineer
concerned for scrutiny and countersignature / certification. The
bill so presented will be settled by TNEB in a reasonable time
either to the power generating company or to the person authorized
by it at its discretion with the prior, approval of TNEB by way of
crossed cheque payable at Chennai. Board is entitled to recover any
excess payment or any other dues to TNEB from the power generating
company bill in subsequent bills.
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The Power generating company agrees
that the purchase price of biomass based energy generated and
exported to the TNEB grid shall be paid at the rates specified in
the permanent B.P. (FB) No : 59 dt. 11.4.2000 as amended from time
to time.
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The power generating company agrees that
a 2 % deduction from the total energy exported shall be made towards
tie line losses.
8.
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The Power generating company is
permitted to wheet the Biomass based power to its subsidiary company
situated with in radius of 25 km from the Power generating company
after deducting at 2 % of the energy exported as wheeling charges.
Wheeling beyond 25 kms radius to anywhere in the state is also
permitted after deducting 10% of the energy exported as wheeling
charges which is subject to revision from time to time. Wheeling of
energy is restricted to a maximum of 2 Nos. H.T. Industrial Tariff -
I, Service connections coming under the same distribution circle
only.
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A certificate from the Superintending
Engineer of the Electricity Distribution Circle concerned shall be
obtained for the energy wheeled to the own or subsidiary company and
enclosed with the monthly bill.
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Metering arrangements shall be provided
at the Power generating company at the company premises at the
Companys cost for measuring import and export of power with maximum
demand.
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(i) Drawal of power from Boards grid
as recorded by the import meter shall be charged at Boards
H.T.Tariff I rate applicable for Industrial consumers. Maximum
Demand charges shall be charged based on tariff notified by the
TNERC. Penal and other surcharges shall be levied as per the
notified tariff conditions if the sanctioned demand is exceeded or
power is availed during peak load hours as the case may be or as per
conditions imposed from time to time by the Board & TNERC.(ii)
Power drawn from the TNEB grid for the purpose of biomass based
power plant maintenance works, trail run of equipments, water works
etc., shall be charged under Boards H.T. Tariff III including MD.
charges based on tariff notified by the TNERC from time to time.
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The average power factor during the
billing period for the power drawn from TNEB grid is to be
maintained between 0.9 lag and unity. Penalty shall be imposed at
the rates stipulated in the notified tariff for the low power factor
less than 0.9 lag.
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The Power generating company shall
install main meter and a check meter in the power generating
company at its cost to record the power supplied by the power
generating company to the Board.
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The meters shall be jointly inspected,
calibrated and sealed on behalf of both the parties and shall not be
interfered with by either party except in the presence of other
party or its representatives.
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The main meter and the check meter shall
be test checked for accuracy once in six months and shall also be
calibrated and adjusted once in a year by the Meter Relay Test wing
of the Board.
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The meters shall be deemed to be working
satisfactorily if the errors as determined in the test are within
the limits specified in the relevant specification applicable to
high precision energy meters.
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The consumption registered by the main
meter alone shall be taken for the purpose of billing as long as the
error in the main meter is within the permissible limits specified.
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If, during the half yearly test check or
annual calibration, the main meter is found to have errors within
permissible limits, the billing shall be done as per the main meter.
If the check meter is found to have error beyond permissible limits,
the check meter shall be calibrated.
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If, during the half yearly test check or
annual calibration, the main meter is found to have errors beyond
permissible limits, but the check meter is found to have errors
within the permissible limits, the billing thereafter shall be as
per the main meter.
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If during the half yearly test check or
annual calibration, both the main meter and the check meter are
found to have errors beyond permissible limits, the bill shall be
revised for the previous 3 (Three) months by applying correction as
determined by the MRT / Wing of the Board to the consumption
registered by the main meter.
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If both the main meter and the check
meter fail to record energy either due to the blowing of the P.T.
fuses or due to any other causes, the energy exported during the
period of outage will be computed as in Clause (i) above.
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All the testes on the main and check
meters shall be conducted by the Meter & Relay Test (MRT) laboratory
of the Board at its laboratory in the presence of the representative
of company and the results / correctness so arrived at shall be
applicable and binding on both the parties and the same cannot be
subject to any dispute.
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Settlement of disputes Arbitration
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If any dispute or difference of any kind
what soever arises between the parties relating to this agreement,
it shall in the first instance be settled amicably with intervention
of the Chief Engineer Non Conventional Energy Sources of the Board
within sixty (60) days, failing which the matter shall be referred
to a sole arbitrator as nominated by the Chairman of the Board. If
the matter is so referred to the Sole Arbitrator for arbitration,
the arbitration shall be conducted by the arbitrator in accordance
with the provisions of arbitration and conciliation Act, 1996 or any
other enactment or statutory modifications thereof for the time
being in force. Decision of the sole Arbitrator in this regard shall
be final and binding upon the parties.
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The power generating company is entitled
to bank the energy generated as per orders that are in force issued
by the Board and as amended from time to time.
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The Board reserves the right to
terminate the agreement if any of the conditions laid down by the
TNEB / CEIG / TNERC is not complied with by the power generating
company of for any other reasons. The power generating company
agrees that the Board shall have the right to vary from time to
time, the tariff, policy on banking and wheeling and terms and
conditions of this agreement by special or general proceedings and
the conditions relating to generation of electricity through biomass
and such other variations ordered by TNERC and TNEB shall be binding
on the company.
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Implementation of the agreement
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All discretions to be exercised and
direction, approvals, consents and notices to be given and actions
to be taken under these presents, unless otherwise expressly
provided herein, shall be exercised and given by the signatories to
this agreement or by the authorised representatives (s) of that
party, nominated in this behalf and notified in writing to the other
party.
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All notices with regard to default or
difference relating to this agreement shall be in writing and signed
by the signatories to this agreement or by the authorised
representative(s). Each such notice shall be deemed to have been
duly given or sent by the party concerned, if the notice is
delivered against acknowledgement due to the signatories or the
authorised representative(s) at their respective address.
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Duration
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This agreement shall remain in force,
for a period of 15 (fifteen) years or for the useful life period of
the plant, which ever is less, from the date of this agreement.
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In case the Board continues to get power
from the power generating company after the expiry of this
agreement, without renewal or formal extension thereof, then the
provisions of this agreement shall be continued, to be operative
till the agreement is formally renewed, extended or replaced within
one year from the date of expiry. Then, for the purpose of billing
and payment in respect of the supply of energy received from the
power generating company during such period, the rate applicable
for, as on the expiry date of the agreement, shall be adopted. It
shall, however be the endeavor of the power generating company and
the Board to finalise the next agreement before the expiry of this
agreement.
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The parties shall ensure compliance of
the terms of this agreement.
The expressions power generating company and
The Board herein before used shall include their respective successors
and assigns in office. In witness where of Thiru
. for
and behalf of the Power generating company and Thiru.
..
for
and on behalf of the Board have hereunto set their signatures on the
day, month and year first above mentioned.
SIGNATURE
In the presence of Witnesses :
1.
2.
SIGNATURE
In the presence of Witnesses :
1.
2.
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