- (1.) The petitioner, Sasan Power Limited, has set up a 4000 MW coal fired super critical, Ultra Mega power project based on linked captive coal mine at Sasan, District: Singrauli, in the State of Madhya Pradesh (hereinafter referred to as "Sasan UMPP") is supplying power to the distribution companies in 13 States. The petitioner had filed the Petition No. 6/MP/2013 under Articles 13 and 17 of the PPA read with Sec. 79 of the Electricity Act, 2003 and Para 5.17 of the competitive Guidelines for compensation of the costs incurred by the petitioner due to 'Change in Law' events during the operating period. The Commission, after considering the submission of the parties, vide order dated 30.3.2015 directed the petitioner to submit the following information with regard to increase in water charges, impact of cost increase due to imposition of royalty, clean energy cess and excise duty on coal: "(a) Increase in water charges: (i) Prevailing rates of water charges in Madhya Pradesh from the year 1995 onwards along with the supporting notifications. (ii) Water charges assumed and factored while the quoted bid for the project along with year to year escalation assumed for the entire bid period. (iii) Actual quantum of water required to generate the contracted capacity of electricity and the basis of calculation of water consumption. (iv) Other bid parameters (final and operation) assumed in the bid in respect of quoted tariff like cost of additional water beyond requirement, etc. (b) Imposition of royalty, clean energy cess and excise duty on coal: (i) Quantum of coal approved with calorific value of coal in the coal mine plan along with copy of approved plan for the captive mine of the project. (ii) Quantum of coal with calorific value of coal required to generate the contracted capacity of electricity from Sasan, UMPP has assumed in the bid. (iii) Quantum of coal sold to other projects with project -wise, calorific value of coal and the cost price and sale price of coal. (iv) Sale price of electricity in the other projects where the coal from the captive mines of Sasan UMPP is used, clearly indicating the energy charge therein. (v) Returns filed before statutory authorities in this regard."
(2.) The petitioner has submitted the information in compliance with the directions of the Commission which has been discussed in the succeeding paragraphs in brief. Increase in Water charges:
(3.) The petitioner has submitted that the compensation on account of Change in Law events is required to be computed on the actual increase/decrease in the revenue or cost incurred by the petitioner and the petitioner is required to be compensated to the full extent and restored to the same economic position as if such change has not occurred, and not by taking into account the precedents of any cost escalation of water charges. However, the Commission in para 23 of the order dated 30.3.2015 has observed that the water charges have been revised for the years starting 1.1.2010, 1.1.2011, 1.1.2012 and that the petitioner has claimed compensation for change in law on the basis of the notification dated 21.4.2010 issued by Government of Madhya Pradesh.;