Order in Petition No. 7/TT/2015 Page 1 CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI Petition No. 7/TT/2015 Coram: Shri A. S. Bakshi, Member Dr. M. K. Iyer, Member Date of Hearing : 08.02.2016 Date of Order : 11.03.2016 In the matter of: Truing up of transmission tariff for 2009-14 tariff period under Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 and determination of transmission tariff for 2014-19 tariff period under Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 for Asset-1(i): LILO of 400 kV D/C Bina –Nagda at Shujalpur S/S along with 50 MVAR Line Reactor at Shujalpur (COD: 1.6.2011), Asset-1(ii): Switchable Scheme for Reactor at Nagda S/S (COD: 1.6.2013), Asset-1(iii): Switchable Scheme for Reactor at Bina S/S (COD: 1.10.2013), Asset-2: 400kV, 63 MVAR Bus Reactor at Shujalpur along with associated bays of 400kV (COD: 1.4.2012), Asset-3: 400/220 kV ICT I at Shujalpur along with associated bays of 400kV & 220kV (COD: 1.10.2011), Asset-4: ICT II at Shujalpur along with associated bays of 400kV & 220kV (COD: 1.12.2011) associated with WRSS IX Transmission scheme in Western Region, under Regulation 86 of Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999. And in the matter of: Power Grid Corporation of India Ltd. „SAUDAMINI‟, Plot No-2, Sector-29, Gurgaon -122 001 (Haryana). ………Petitioner Versus 1. Madhya Pradesh Power Trading Company Ltd. Shakti Bhawan, Rampur, Jabalpur-482008 2. Maharashtra State Electricity Distribution Co. Ltd.
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Order in Petition No. 7/TT/2015 Page 1
CENTRAL ELECTRICITY REGULATORY COMMISSION
NEW DELHI
Petition No. 7/TT/2015
Coram:
Shri A. S. Bakshi, Member Dr. M. K. Iyer, Member
Date of Hearing : 08.02.2016 Date of Order : 11.03.2016
In the matter of:
Truing up of transmission tariff for 2009-14 tariff period under Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009 and determination of transmission tariff for 2014-19 tariff period under Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 for Asset-1(i): LILO of 400 kV D/C Bina –Nagda at Shujalpur S/S along with 50 MVAR Line Reactor at Shujalpur (COD: 1.6.2011), Asset-1(ii): Switchable Scheme for Reactor at Nagda S/S (COD: 1.6.2013), Asset-1(iii): Switchable Scheme for Reactor at Bina S/S (COD: 1.10.2013), Asset-2: 400kV, 63 MVAR Bus Reactor at Shujalpur along with associated bays of 400kV (COD: 1.4.2012), Asset-3: 400/220 kV ICT I at Shujalpur along with associated bays of 400kV & 220kV (COD: 1.10.2011), Asset-4: ICT II at Shujalpur along with associated bays of 400kV & 220kV (COD: 1.12.2011) associated with WRSS IX Transmission scheme in Western Region, under Regulation 86 of Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999.
And in the matter of:
Power Grid Corporation of India Ltd. „SAUDAMINI‟, Plot No-2, Sector-29, Gurgaon -122 001 (Haryana). ………Petitioner
Versus
1. Madhya Pradesh Power Trading Company Ltd. Shakti Bhawan, Rampur, Jabalpur-482008
2. Maharashtra State Electricity Distribution Co. Ltd.
lakh for Asset-1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-4,
respectively as on COD (as per Auditor‟s Certificate) for the purpose of tariff. In
this regard, the petitioner was directed vide letter dated 8.2.2016, to submit the
justification for revising cost as on COD for Asset-1(i), Asset-3 and Asset-4 vis-à-
vis that approved by the Commission. The petitioner in response vide affidavit
dated 17.2.2016 submitted that cost as on COD for Asset-1(i), Asset-3 and
Asset-4 has been revised against that claimed earlier due to change in IDC/IEDC
as the IDC/IEDC was finalized after finalization of 2011-12 balance sheet. The
certificates submitted earlier were prepared during 2011-12 after commissioning
of Assets- 1(i), 3 and 4 but before finalization of 2011-12 balance sheet.
7. Clause (1) of Regulation 7 of the 2009 Tariff Regulations provides that:-
“(1) Capital cost for a project shall include: (a) the expenditure incurred or projected to be incurred, including interest during construction and financing charges, any gain or loss on account of foreign exchange risk variation during construction on the loan - (i) being equal to 70% of the funds deployed, in the event of the actual equity in excess of 30% of the funds deployed, by treating the excess equity as normative loan, or (ii) being equal to the actual amount of loan in the event of the actual equity less than 30% of the funds deployed, - up to the date of commercial operation of the project, as admitted by the Commission, after prudence check; (b) capitalised initial spares subject to the ceiling rates specified in regulation 8; and (c) additional capital expenditure determined under regulation 9:
Order in Petition No. 7/TT/2015 Page 8
Provided that the assets forming part of the project, but not in use shall be taken out of the capital cost.”
8. The petitioner has submitted the Auditor‟s Certificate certifying the capital
cost as on COD and additional capitalization claimed thereafter. Thus, the capital
cost (including excess initial spares and IDC/IEDC) has been considered as
₹1225.72 lakh for Asset-1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-
4, respectively, as on COD.
IDC and IEDC
9. In accordance with the order dated 15.5.2015 in Petition No. 88/TT/2011,
the IDC and IEDC were deducted from the capital cost of the assets. Details of
IDC and IEDC disallowed by the Commission are as shown below:-
(₹ in lakh) Asset Particulars IDC IEDC
Asset-1(ii)
Total IDC and IEDC claimed upto 31.5.2013 33.51 33.08
Disallowed IDC and IEDC for 28 months 17.35 16.03
Asset-1(iii)
Total IDC and IEDC claimed 30.9.2013 24.65 18.21
Disallowed IDC and IEDC for 32 months 17.42 10.33
Asset-2 Total IDC and IEDC claimed upto 31.3.2012 46.52 43.69
Disallowed IDC and IEDC for 5 months 9.16 12.98
Asset-4 Total IDC and IEDC claimed upto 30.11.2011 61.12 77.55
Disallowed IDC and IEDC for 1 month 0.12 0.01
10. The petitioner in the instant petition has submitted the capital cost of
assets as on COD after deducting IDC and IEDC disallowed in order dated
13.5.2014. As the IDC/IEDC claimed by the petitioner for Asset-1(ii) and Asset-
1(iii) in accordance with Auditor‟s Certificate is same as that approved by the
Order in Petition No. 7/TT/2015 Page 9
Commission in its order dated 15.5.2014 in Petition No. 88/TT/2011, we have
considered the petitioner‟s submissions for Asset-1(ii) and Asset-1(iii). However,
there is change in IDC/IEDC claimed by the petitioner in accordance with
Auditor‟s Certificate for Asset-2 and Asset-4 with reference to that approved by
the Commission in order dated 15.5.2014. Consequently, IDC/IEDC disallowed
corresponding to the delay period will undergo change. Accordingly, IDC and
IEDC has been worked out for Asset-2 and Asset-4 is given as below:-
(₹ in lakh) Asset-2
Detail of IDC and IEDC as per Auditor Certificate dated 20.12.2014
IEDC IDC
Total time (in months) taken for commissioning 47 months 47 months
Total IDC and IEDC Claimed 46.52 43.69
Total Disallowed IDC and IEDC (for 5 months) 4.95 4.65
(₹ in lakh)
Asset-4
Detail of IDC and IEDC as per Auditor Certificate dated 20.12.2014
IEDC IDC
Total time (in months) taken for commissioning 43 months 43 months
Total IDC and IEDC Claimed 82.69 98.38
Total Disallowed IDC and IEDC (for 1 month) 1.92 2.29
11. The IDC and IEDC disallowed are as follows:-
(₹ in lakh)
Asset Particulars IDC IEDC
Asset-1(ii) Disallowed IDC and IEDC for 28 months 17.35 16.03
Asset-1(iii) Disallowed IDC and IEDC for 32 months 17.42 10.33
Asset-2 Disallowed IDC and IEDC for 5 months 4.95 4.65
Asset-4 Disallowed IDC and IEDC for 1 month 1.92 2.29
Initial Spares
12. The petitioner has claimed initial spares of ₹211.40 lakh, ₹29.67 lakh,
₹28.45 lakh, ₹7.59 lakh, ₹89.26 lakh and ₹36.10 lakh pertaining to the sub-
Order in Petition No. 7/TT/2015 Page 10
station for Asset-1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-4,
respectively. In order dated 15.5.2014, initial spares of ₹84.12 lakh, ₹21.02 lakh,
₹20.58 lakh, ₹0.00 lakh, ₹9.40 lakh and ₹0.00 lakh pertaining to the sub-station
for Asset-1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-4, respectively,
was disallowed considering the capital cost as on COD and additional capital
expenditure upto the end of the tariff period 31.3.2014 and the initial spares was
to be reviewed at the time of truing up considering the additional capital
expenditure during the 2014-19 period.
13. The petitioner has submitted actual capital expenditure for true up of tariff
during 2009-14 tariff period as per 2009 Tariff Regulations and also submitted
the estimated capital expenditure for determination of tariff during 2014-19 tariff
period in accordance with the 2014 Tariff Regulations. The initial spares have
been worked out by considering the additional capital expenditure upto cut-off
date which falls beyond 31.3.2014 period.
14. Regulation 8 of the 2009 tariff Regulations provides that:-
“Initial spares shall be capitalised as a percentage of the original project cost, subject to following ceiling norms:
(iv) Transmission system (a)Transmission line - 0.75% (b) Transmission Sub-station - 2.5% (c) Series Compensation devices and HVDC Station - 3.5%.....”
15. The calculation for the treatment of initial spares for sub-station has been
16. The petitioner has submitted the Auditor‟s Certificate certifying the capital
cost and additional capitalization claimed. Accordingly, the Commission has
considered the capital cost of the assets for the purpose of tariff for tariff period
2009-14 as given below:
(₹ in lakh)
Particulars Capital cost claimed as on DOCO
Disallowed IDC and IEDC
Excess initial spares
Capital cost of individual assets considered as on DOCO
Asset-1(i) 5018.44 0.00 -89.99 4928.45
Asset-1(ii) 189.05 -33.38 -26.67 129.00
Asset-1(iii) 143.33 -27.76 -26.13 89.44
Asset-2 631.93 -9.60 -0.00 622.33
Asset -3 2449.98 0.00 -18.65 2431.33
Asset -4 1225.72 -4.21 -1.94 1219.57
Additional Capital Expenditure
17. The petitioner has claimed additional capitalization of ₹2028.17 lakh,
₹1.53 lakh, ₹1.96 lakh, ₹15.07 lakh, ₹393.17 lakh and ₹151.06 lakh for Asset-
1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-4, respectively, on
account of balance and retention payment within cut-off date under Regulation
9(1) of the 2009 Tariff Regulations.
Order in Petition No. 7/TT/2015 Page 12
18. Clause (1), sub-clause(i) of Regulation 9 of the 2009 Tariff Regulations
provides that:-
“Additional Capitalisation. (1) The capital expenditure incurred or projected to be incurred, on the following counts within the original scope of work, after the date of commercial operation and up to the cut-off date may be admitted by the Commission, subject to prudence check:
(i) Undischarged liabilities…;”
19. The total capital cost of ₹6956.62 lakh, ₹130.53 lakh, ₹91.40 lakh, 637.40
lakh, 2824.50 lakh and ₹1370.63 lakh including actual additional capitalization
claimed by the petitioner is within the overall approved cost of ₹10533.96 lakh,
₹307.81 lakh, ₹282.02 lakh, ₹879.09 lakh, ₹3854.72 lakh, and ₹2106.09 lakh for
Asset-1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-4, respectively,
and additional capitalisation claimed is lower than the additional capitalization
allowed in order dated 15.5.2014 in Petition No. 88/TT/2011. Hence, considering
the submissions made by the petitioner, we have allowed total capital cost
including additional capitalization under Regulation 9(1)(i) of the 2009 Tariff
Regulations as shown in the table below:-
(₹ in lakh)
Asset Particulars
Approved
Apportioned Cost
Admitted capital cost as on COD (after deduction of IDC/IEDC & initial spares)
Additional capitalization Total
Addcap
Total capital cost including
additional capitalization 2011-12 2012-13 2013-14
Asset-1(i)
Approved in order dated 15.5.2014
10533.96
4911.90
(4996.02-0.00-
84.12)
824.01 935.63 580.28 2339.92 7251.82
Approved in this order
4928.45
(4996.02-0.00-
89.99)
1116.42 374.98 536.77 2028.17 6956.62
Asset-1(ii)
Approved in order dated 15.5.2014
307.81
134.65
(189.05-33.38-
21.02)
0.00 0.00 33.48 33.48 168.13
Order in Petition No. 7/TT/2015 Page 13
Asset Particulars
Approved
Apportioned Cost
Admitted capital cost as on COD (after deduction of IDC/IEDC & initial spares)
Additional capitalization Total
Addcap
Total capital cost including
additional capitalization 2011-12 2012-13 2013-14
Approved in this order
129.00
(189.05-33.38-
26.67)
0.00 0.00 1.53 1.53 130.53
Asset-1(iii)
Approved in order dated 15.5.2014
282.02
94.96
(143.3-27.76-
20.58)
0.00 0.00 75.53 75.53 170.49
Approved in this order
89.44
(143.3-27.76-
26.13)
0.00 0.00 1.96 1.96 91.40
Asset-2
Approved in order dated 15.5.2014 879.09
609.79
(631.93-22.14-0) 0.00 25.89 67.16 93.05 702.84
Approved in this order
622.33
(631.93-9.60-0) 0.00 7.34 7.73 15.07 637.40
Asset-3
Approved in order dated 15.5.2014
3854.72
2387.00
(2396.40-0.00-
9.40)
300.18 350.00 157.27 807.45 3194.45
Approved in this order
2431.33
(2449.98-0.00-
18.65)
281.86 73.32 37.99 393.17 2824.50
Asset-4
Approved in order dated 15.5.2014
2106.09
1183.19
(1183.32-0.13-
0.00)
125.00 130.00 163.49 418.49 1601.68
Approved in this order
1219.57
(1225.72-4.21-
1.94)
132.23 12.60 6.23 151.06 1370.63
Debt: Equity
20. Clause 1 & 3 of Regulation 12 of the 2009 Tariff Regulations provide that:-
“(1) For a project declared under commercial operation on or after 1.4.2009, if the equity actually deployed is more than 30% of the capital cost, equity in excess of 30% shall be treated as normative loan: Provided that where equity actually deployed is less than 30% of the capital cost, the actual equity shall be considered for determination of tariff: Provided further that the equity invested in foreign currency shall be designated in Indian rupees on the date of each investment.
.....
Order in Petition No. 7/TT/2015 Page 14
(3) Any expenditure incurred or projected to be incurred on or after 1.4.2009 as may be admitted by the Commission as additional capital expenditure for determination of tariff, and renovation and modernisation expenditure for life extension shall be serviced in the manner specified in clause (1) of this regulation.”
21. The petitioner has claimed trued up Annual Fixed Charge based on debt-
equity ratio of 70:30 admitted as on COD in order dated 15.5.2014 in Petition No.
88/TT/2011 for Asset-1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-4.
The admitted debt:equity ratio of 70:30 as on COD for the Assets have been
considered for the purpose of truing up of the approved tariff of tariff period 2009-
14, as given under:-
(₹ in lakh) Asset-1(i) Amount (%)
Debt 3449.91 70.00
Equity 1478.53 30.00
Total 4928.45 100.00
(₹ in lakh)
Asset- 1(ii) Amount (%)
Debt 90.30 70.00
Equity 38.70 30.00
Total 129.00 100.00
(₹ in lakh)
Asset- 1(iii) Amount (%)
Debt 62.61 70.00
Equity 26.83 30.00
Total 89.44 100.00
(₹ in lakh)
Asset- 2 Amount (%)
Debt 435.63 70.00
Equity 186.70 30.00
Total 622.33 100.00
(₹ in lakh)
Asset- 3 Amount (%)
Debt 1701.93 70.00
Equity 729.40 30.00
Total 2431.33 100.00
Order in Petition No. 7/TT/2015 Page 15
(₹ in lakh)
Asset- 4 Amount (%)
Debt 853.70 70.00
Equity 365.87 30.00
Total 1219.57 100.00
22. With respect to additional capitalization, the petitioner has claimed the
debt:equity ratio of 70:30 as on COD for the instant assets . The petitioner was
directed to confirm that the actual equity infused for additional capitalization
during the 2009-14 tariff period is not less than 30%. In response the petitioner
vide affidavit dated 17.2.2016 submitted that against the total additional
capitalization during 2011-14, 70% loan has been deployed as shown in form-13.
Further, in accordance with Clause 12(3) of the 2009 Tariff Regulations, 30%
equity has been claimed as indicated in form-1A.
23. The overall debt equity ratio as on 31.3.2014 for the Asset including
additional capitalization is as under:-
(₹ in lakh) Asset-1(i) Amount (%)
Debt 4869.63 70.00
Equity 2086.98 30.00
Total 6956.62 100.00
(₹ in lakh)
Asset- 1(ii) Amount (%)
Debt 91.37 70.00
Equity 39.16 30.00
Total 130.53 100.00
(₹ in lakh)
Asset- 1(iii) Amount (%)
Debt 63.98 70.00
Equity 27.42 30.00
Total 91.40 100.00
Order in Petition No. 7/TT/2015 Page 16
(₹ in lakh) Asset- 2 Amount (%)
Debt 446.18 70.00
Equity 191.22 30.00
Total 637.40 100.00
(₹ in lakh)
Asset- 3 Amount (%)
Debt 1977.15 70.00
Equity 847.35 30.00
Total 2824.50 100.00
(₹ in lakh)
Asset- 3 Amount (%)
Debt 959.45 70.00
Equity 411.18 30.00
Total 1370.63 100.00
Interest on Loan (“IOL”)
24. Regulation 16 of the 2009 Tariff Regulations provides the methodology for
working out weighted average rate of interest on loan.
25. The petitioner has submitted the weighted average rate of interest on loan
based on its actual loan portfolio and rate of interest. We have considered the
submissions of the petitioner and accordingly calculated the IOL based on actual
interest rate submitted by the petitioner, in accordance with Regulation 16 of the
2009 Tariff Regulations. The details of weighted average rate of interest are
placed at Annexure-I and the IOL has been worked out and allowed as follows:-
(₹ in lakh)
Particulars
Asset-1(i)
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
266.06 350.66 369.22
As claimed by the petitioner 276.16 356.67 357.41
Allowed after trued up 275.76 356.22 356.99
Order in Petition No. 7/TT/2015 Page 17
(₹ in lakh)
Particulars
Asset-1(ii) Asset-1(iii) Asset-2
2013-14 (Pro-rata)
2013-14 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
7.83 4.14 38.52 38.38
As claimed by the petitioner 7.04 3.46 37.93 35.44
Allowed after trued up 6.71 2.86 38.71 36.16
(₹ in lakh)
Particulars
Asset-3
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
78.54 167.73 169.46
As claimed by the petitioner 80.15 162.09 152.38
Allowed after trued up 79.84 161.50 151.83
(₹ in lakh)
Particulars
Asset-4
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
26.17 82.34 84.74
As claimed by the petitioner 27.21 81.98 75.99
Allowed after trued up 27.08 81.61 75.65
26. There is variation in interest on loan due to variation in Capital Cost as on
COD and variation in actual additional capitalization during 2009-14 tariff period.
Return on Equity (“ROE”)
27. Clause (3), (4) and (5) of Regulation 15 of the 2009 Tariff Regulations
provides that:-
“(3) The rate of return on equity shall be computed by grossing up the base rate with the Minimum Alternate/Corporate Income Tax Rate for the year 2008-09, as per the Income Tax Act, 1961, as applicable to the concerned generating company or the transmission licensee, as the case may be. (4) Rate of return on equity shall be rounded off to three decimal points and be computed as per the formula given below:
Order in Petition No. 7/TT/2015 Page 18
Rate of pre-tax return on equity = Base rate / (1-t) Where “t” is the applicable tax rate in accordance with clause (3) of this regulation. (5) The generating company or the transmission licensee, as the case maybe, shall recover the shortfall or refund the excess Annual Fixed Charge on account of Return on Equity due to change in applicable Minimum Alternate/Corporate Income Tax Rate as per the Income Tax Act, 1961 (as amended from time to time) of the respective financial year directly without making any application before the Commission: Provided further that Annual Fixed Charge with respect to the tax rate applicable to the generating company or the transmission licensee, as the case may be, in line with the provisions of the relevant Finance Acts of the respective year during the tariff period shall be trued up in accordance with Regulation 6 of these regulations.”
28. The petitioner has submitted that MAT rate of 11.330% applicable for
2008-09 was considered in the order dated 15.5.2014. However, for truing up
purpose, the computation of RoE for the tariff period 2009-14 has been done on
the basis of actual MAT rate applicable during 2009-14. The petitioner has
submitted the variation in the MAT rate during 2009-14 as per the Finance Act of
the relevant year for the purpose of grossing up of ROE, as below:-
Particulars MAT Rate (t) % Grossed up ROE (Base rate/(1-t)) %
2011-12 20.008 19.377
2012-13 20.008 19.377
2013-14 20.961 19.610
29. Accordingly, the ROE as trued up is as shown in the table below:-
(₹ in lakh)
Particulars
Asset-1(i)
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
232.66 325.33 365.08
As claimed by the petitioner 266.12 362.69 393.87
Allowed after trued up 265.79 362.29 393.47
Order in Petition No. 7/TT/2015 Page 19
(₹ in lakh)
Particulars
Asset-1(ii) Asset-1(iii) Asset-2
2013-14 (Pro-rata)
2013-14 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
6.62 3.48 32.66 35.10
As claimed by the petitioner 6.68 3.22 35.66 36.53
Allowed after trued up 6.36 2.66 36.39 37.27
(₹ in lakh)
Particulars
Asset-3
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
66.52 150.10 163.40
As claimed by the petitioner 75.05 160.42 165.62
Allowed after trued up 74.76 159.85 165.05
(₹ in lakh)
Particulars
Asset-4
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
21.78 72.01 79.71
As claimed by the petitioner 25.02 79.28 80.79
Allowed after trued up 24.91 78.95 80.45
30. The variation in return on equity is on account of increase in the applicable
MAT rate for the purpose of grossing up of base rate of return on equity, variation
in capital cost and actual additional capitalization.
Depreciation 31. Clause (42) of Regulation 3 of the 2009 Tariff Regulations defines useful
life as follows:-
Order in Petition No. 7/TT/2015 Page 20
“„useful life‟ in relation to a unit of a generating station and transmission system from the COD shall mean the following, namely:- ....... (c) AC and DC sub-station 25 years (d) Hydro generating station 35 years
(e) Transmission line 35 years”
32. Clause (4) of Regulation 17 of the 2009 Tariff Regulations provides as
follows:-
"17. Depreciation: ... (4) Depreciation shall be calculated annually based on Straight Line Method and at rates specified in Appendix-III to these regulations for the assets of the generating station and transmission system: Provided that, the remaining depreciable value as on 31st March of the year closing after a period of 12 years from date of commercial operation shall be spread over the balance useful life of the assets.”
33. Depreciation was worked out in order dated 15.5.2014 in Petition No.
88/TT/2011 in accordance with Regulation 17 of the 2009 Tariff Regulations.
34. The weighted average useful life of the transmission asset has been
considered as per Regulations 3 (42) and 17 (4) of the 2009 Tariff Regulations.
For the purpose of calculation, the weighted average useful life of the asset as on
COD has been considered as 29 years for Asset-1(i) and 25 years for Asset-1(ii),
1(iii), Asset-2, Asset-3 & Asset-4. The depreciation for the tariff period 2009-14
has been worked out in accordance with Regulation 17 of the 2009 Tariff
Regulations based on admitted capital expenditure as under.
(₹ in lakh)
Particulars
Asset-1(i)
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 217.74 301.89 335.74
Order in Petition No. 7/TT/2015 Page 21
Particulars
Asset-1(i)
2011-12 (Pro-rata)
2012-13 2013-14
15.5.2014
As claimed by the petitioner 224.07 303.04 324.55
Allowed after trued up 223.73 302.64 324.15
(₹ in lakh)
Particulars
Asset-1(ii) Asset-1(iii) Asset-2
2013-14 (Pro-rata)
2013-14 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
6.66 3.50 32.88 35.34
As claimed by the petitioner 5.99 2.89 32.39 32.79
Allowed after trued up 5.71 2.39 33.05 33.45
(₹ in lakh)
Particulars
Asset-3
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
67.20 151.69 165.08
As claimed by the petitioner 68.40 146.28 149.22
Allowed after trued up 68.13 145.75 148.69
(₹ in lakh)
Particulars
Asset-4
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
21.92 72.50 80.25
As claimed by the petitioner 22.73 72.03 72.52
Allowed after trued up 22.63 71.71 72.20
35. The variation in depreciation is on account of variation in Capital Cost as
on COD and variation in additional capitalization vis-à-vis that approved in the
Order.
Order in Petition No. 7/TT/2015 Page 22
Operation & Maintenance Expenses (“O&M Expenses”)
36. The petitioner has computed O&M expenses for the assets mentioned in
the petition and in accordance with the O&M norms for lines and bays specified
in Regulation 19(g) of the 2009 Tariff Regulations. The O&M Expenses claimed
by the petitioner for tariff period 2009-14 are same as that approved in the tariff
order dated 15.5.2014 in Petition No. 111/TT/2011. Accordingly, the O&M
Expenses claimed by the petitioner, allowed and trued up are the same, and are
as follows:-
(₹ in lakh)
Particulars
Asset-1(i)
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
208.11 264.02 279.11
As claimed by the petitioner 208.11 264.02 279.11
Allowed after trued up 208.11 264.02 279.11
(₹ in lakh)
Particulars
Asset-1(ii) Asset-1(iii) Asset-2
2013-14 (Pro-rata)
2013-14 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
109.10 65.46 61.92 65.46
As claimed by the petitioner 109.10 65.46 61.92 65.46
Allowed after trued up 109.10 65.46 61.92 65.46
(₹ in lakh)
Particulars
Asset-3
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
131.79 278.62 294.56
As claimed by the petitioner 131.79 278.62 294.56
Allowed after trued up 131.79 278.62 294.56
Order in Petition No. 7/TT/2015 Page 23
(₹ in lakh)
Particulars
Asset-4
2011-12 (Pro-rata)
2012-13 2013-14
Approved vide order dated 15.5.2014
33.19 105.26 111.28
As claimed by the petitioner 33.19 105.26 111.28
Allowed after trued up 33.19 105.26 111.28
Interest on working capital (“IWC”)
37. Sub-clause (c) of clause (1) of Regulation 18 of the 2009 Tariff
Regulations provides the components of the working capital for the transmission
system and clause (3) of Regulation 18 of the 2009 Tariff Regulations provides
for the rate of interest of working capital.
38. The petitioner submitted the rate of interest on working capital as 11.75%
for Asset-1(i), 3 & 4 for the period 2011-12 to 2013-14, 13.20% for Asset-1(ii) &
1(iii) for the period 2013-14 and 13.50% for Asset-2 for the period 2012-13 to
2013-14 as per Clause (3) of Regulation 18 of the 2009 Tariff Regulations and
the components of working capital are also considered in accordance with Sub-
clause (c) of clause (1) of Regulation 18 of the 2009 Tariff Regulations.
39. The Commission in accordance with Clause (3) of Regulation 18 of the
2009 Tariff Regulations, as amended, has considered the rate of interest on
working capital on normative basis, as follows:
State Bank of India Base Rate as applicable as on 1.4.2011 plus 350
basis points (=8.25% plus 350 basis points = 11.75%) for Asset-1(i), 3 &
4 for the period 2011-12 to 2013-14.
Order in Petition No. 7/TT/2015 Page 24
State Bank of India Base Rate as applicable as on 1.4.2012 plus 350
basis points (=10.00% plus 350 basis points = 13.50%) for Asset-2 for
the period 2012-13 to 2013-14.
State Bank of India Base Rate as applicable as on 1.4.2013 plus 350
basis points (=9.70% plus 350 basis points = 13.20%) for Asset-1(ii) &
1(iii) for the period 2013-14.
40. Therefore, interest rate has been considered as 11.75% for Asset-1(i), 3 &
4 for the period 2011-12 to 2013-14, 13.20% for Asset-1(ii) & 1(iii) for the period
2013-14 and 13.50% for Asset-2 for the period 2012-13 to 2013-14 to work out
the interest on working capital in the instant case.
41. The IWC trued up is as under:-
(₹ in lakh)
Particulars
Asset-1(i)
2011-12 (Pro-rata)
2012-13 2013-14
Maintenance Spares 31.22 39.60 41.87 O & M expenses 17.34 22.00 23.26 Receivables 166.44 219.70 231.43 Total 215.00 281.31 296.55 Rate of Interest (%) 11.75 11.75 11.75 Interest 25.26 33.05 34.84
(₹ in lakh)
Particulars
Asset-1(ii) Asset-1(iii) Asset-2
2013-14 (Pro-rata)
2013-14 (Pro-rata)
2012-13 2013-14
Maintenance Spares 16.37 9.82 9.29 9.82 O & M expenses 9.09 5.46 5.16 5.46 Receivables 22.37 12.85 29.33 29.74
47. Clause (1) & (3) of Regulation 9 of the 2014 Tariff Regulations specify as
follows:-
“(1) The Capital cost as determined by the Commission after prudence check in accordance with this regulation shall form the basis of determination of tariff for existing and new projects.” “(3) The Capital cost of an existing project shall include the following: (a) the capital cost admitted by the Commission prior to 1.4.2014 duly trued up
by excluding liability, if any, as on 1.4.2014;
(b) additional capitalization and de-capitalization for the respective year of tariff as determined in accordance with Regulation 14; and
(c) expenditure on account of renovation and modernisation as admitted by this Commission in accordance with Regulation 15.”
48. The petitioner has claimed capital cost of ₹6964.26 lakh, ₹137.00 lakh,
₹110.33 lakh, ₹624.86 lakh, ₹2834.50 lakh and ₹1376.65 lakh as on 31.3.2014
Order in Petition No. 7/TT/2015 Page 34
and additional capitalization of ₹298.58 lakh, ₹22.72 lakh, ₹29.21 lakh, ₹25.96
lakh, ₹389.87 lakh and ₹199.30 lakh for Asset-1(i), Asset-1(ii), Asset-1(iii), Asset-
2, Asset-3 and Asset-4, respectively, for the 2014-15 tariff period.
49. The trued up capital cost of ₹6956.62 lakh, ₹130.53 lakh, ₹91.40 lakh,
637.40 lakh, 2824.50 lakh and ₹1370.63 lakh for Asset-1(i), Asset-1(ii), Asset-
1(iii), Asset-2, Asset-3 and Asset-4, respectively, totalling to ₹12011.08 lakh, as
on 31.3.2014 is considered to work out tariff for tariff period 2014-19.
Additional Capital Expenditure
50. The petitioner has proposed additional capitalization of ₹298.58 lakh,
₹22.72 lakh, ₹29.21 lakh, ₹25.96 lakh, ₹389.87 lakh and ₹199.30 lakh for Asset-
1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-4, respectively, towards
balance and retention payments under Clause 1 of Regulation 14 of the 2014
Tariff Regulations.
51. Clause 1, sub-clause (i) of Regulation 14 of the 2014 Tariff Regulations
provides as follows:
“(3) The capital expenditure, in respect of existing generating station or the
transmission system including communication system, incurred or projected to be incurred on the following counts after the cut-off date, may be admitted by the Commission, subject to prudence check: ….. (i) Undischarged liabilities recognized to be payable at a future date;
52. In this regard, the Commission vide its letter dated 8.2.2016 sought the
amount of balance and retention payment yet to be made along with the details
of contract for which the payment has been retained. In response the petitioner
Order in Petition No. 7/TT/2015 Page 35
vide affidavit dated 17.2.2016 submitted that the balance/retention payment yet
to be made is ₹197.65 lakh, ₹21.45 lakh, ₹27.91 lakh, 9.38 lakh, 356.50 lakh and
₹192.21 lakh for Asset-1(i), Asset-1(ii), Asset-1(iii), Asset-2, Asset-3 and Asset-4,
respectively.
53. The total capital cost of the transmission asset including additional
capitalization incurred during the 2014-19 tariff period works out to ₹12976.72
lakh for Combined Assets-1(i), 1(ii), 1(iii), 2, 3 & 4. The Commission has
considered the submissions of petitioner. It is observed that the additional
capitalization proposed is mainly towards balance and retention payments due to
undischarged liabilities for works executed within cut-off date. Further, the total
completion cost is within the approved apportioned cost of the Asset.
Accordingly, the capital cost claimed by the petitioner is allowed in accordance
with Clause 1, sub-clause (i) of Regulation 14 of the 2014 Tariff Regulations. The
additional capitalisation for tariff period 2014-19 shall be finally approved after the
detailed scrutiny of additional capitalisation while carrying out the true up for
2014-19 tariff period.
54. The total capital cost of the transmission asset including additional
capitalization projected to be incurred during 2014-19 is shown below:-
(₹ in lakh)
Particulars Approved
Apportioned Cost
Admitted capital cost as on 31.3.2014
Additional capitalization
Total additional
capitalization
Estimated Completion
Cost 2014-15
Asset-1(i) 10533.96 6956.62 298.58 298.58 7255.2
Asset-1(ii) 307.81 130.53 22.72 22.72 153.25
Asset-1(iii) 282.02 91.40 29.21 29.21 120.61
Asset-2 879.09 637.40 25.96 25.96 663.36
Order in Petition No. 7/TT/2015 Page 36
Particulars Approved
Apportioned Cost
Admitted capital cost as on 31.3.2014
Additional capitalization
Total additional
capitalization
Estimated Completion
Cost 2014-15
Asset-3 3854.72 2824.50 389.87 389.87 3214.37
Asset-4 2106.09 1370.63 199.30 199.30 1569.93
Combined Asset
17963.69 12011.08 965.64 965.64 12976.72
Debt:Equity Ratio
55. Clause 3 of Regulation 19 of the 2014 Tariff Regulations specifies as
under:-
“(3) In case of the generating station and the transmission system declared under commercial operation prior to 1.4.2014, debt-equity ratio allowed by the Commission for determination of tariff for the period ending 31.3.2014 shall be considered.”
56. The petitioner has considered debt: equity ratio as 70:30 as on 31.3.2014.
The admitted debt:equity ratio of 70:30 after true-up for the tariff period ending
31.3.2014 has been considered as opening debt:equity ratio as on 1.4.2014. The
details of the debt:equity as on 1.4.2014 considered for the purpose of tariff for
the 2014-19 tariff period is as follows:-
(₹ in lakh) Particulars Amount (%)
Debt 8407.76 70.00
Equity 3603.31 30.00
Total 12011.08 100.00
57. For additional capitalization, the petitioner has proposed normative
debt:equity ratio of 70:30 and the same has been considered. The details of the
debt:equity including additional capitalization as on 31.3.2019 is as follows:-
Order in Petition No. 7/TT/2015 Page 37
(₹ in lakh)
Funding Amount (%)
Debt 9083.71 70.00
Equity 3893.01 30.00
Total 12976.72 100.00
Interest on Loan (“IOL”)
58. Clause (5) & (6) of Regulation 26 of the 2014 Tariff Regulations are
reproduced as under:-
“(5) The rate of interest shall be the weighted average rate of interest calculated on the basis of the actual loan portfolio after providing appropriate accounting adjustment for interest capitalized: Provided that if there is no actual loan for a particular year but normative loan is still outstanding, the last available weighted average rate of interest shall be considered: Provided further that if the generating station or the transmission system, as the case may be, does not have actual loan, then the weighted average rate of interest of the generating company or the transmission licensee as a whole shall be considered. (6) The interest on loan shall be calculated on the normative average loan of the year by applying the weighted average rate of interest.”
59. The weighted average rate of IOL has been considered on the basis of
rate prevailing as on 1.4.2014.
60. The IOL has been worked out in accordance with Regulation 26 of the
2014 Tariff Regulations. The details of weighted average rate of interest are
placed at Annexure-II and the IOL has been worked out and allowed as follows:-
Net Loan-Opening 6953.53 6998.42 6341.87 5685.32 5028.76
Additions during the year 675.95 0.00 0.00 0.00 0.00
Repayment during the year 631.06 656.55 656.55 656.55 656.55
Net Loan-Closing 6998.42 6341.87 5685.32 5028.76 4372.21
Average Loan 6975.98 6670.14 6013.59 5357.04 4700.49
Rate of Interest (%) 9.0164 9.0239 9.0256 9.0273 9.0297
Interest 628.98 601.91 542.77 483.60 424.44
Return on Equity (“ROE”)
61. Clause (1) & (2) of Regulation 24 and Clause (2) of Regulation 25 of the
2014 Tariff Regulations specify as under:-
“24. Return on Equity: (1) Return on equity shall be computed in rupee terms, on the equity base determined in accordance with regulation 19. (2) Return on equity shall be computed at the base rate of 15.50% for thermal generating stations, transmission system including communication system” “25. Tax on Return on Equity: (2) Rate of return on equity shall be rounded off to three decimal places and shall be computed as per the formula given below: Rate of pre-tax return on equity = Base rate / (1-t) Where “t” is the effective tax rate in accordance with Clause (1) of this regulation and shall be calculated at the beginning of every financial year based on the estimated profit and tax to be paid estimated in line with the provisions of the relevant Finance Act applicable for that financial year to the company on pro-rata basis by excluding the income of non-generation or non-transmission business, as the case may be, and the corresponding tax thereon. In case of generating company or transmission licensee paying Minimum Alternate Tax (MAT), “t” shall be considered as MAT rate including surcharge and cess.”
62. The petitioner has submitted ROE at the rate of 19.610% after grossing up
the ROE of 15.50% with MAT rate as per the above Regulation. The petitioner
has further submitted that the grossed up ROE is subject to truing up based on
the actual tax paid along with any additional tax or interest, duly adjusted for any
Order in Petition No. 7/TT/2015 Page 39
refund of tax including the interest received from IT authorities, pertaining to the
tariff period 2014-19 on actual gross income of any financial year. Any under-
recovery or over-recovery of grossed up ROE after truing up shall be recovered
or refunded to the beneficiaries on year to year basis.
63. The petitioner has further submitted that adjustment due to any additional
tax demand including interest duly adjusted for any refund of the tax including
interest received from IT authorities shall be recoverable/adjustable after
completion of income tax assessment of the financial year.
64. We have considered the submissions made by the petitioner. Regulation
24 read with Regulation 25 of the 2014 Tariff Regulations provides for grossing
up of return on equity with the effective tax rate for the purpose of return on
equity. It further provides that in case the generating company or transmission
licensee is paying Minimum Alternative Tax (MAT), the MAT rate including
surcharge and cess will be considered for the grossing up of return on equity.
The petitioner has submitted that MAT rate is applicable to the petitioner's
company. Accordingly, the MAT rate applicable during 2013-14 has been
considered for the purpose of return on equity, which shall be trued up with
actual tax rate in accordance with Regulation 25 (3) of the 2014 Tariff
Regulations. Accordingly, the ROE determined by the Commission is given
below:-
(₹ in lakh) Particulars 2014-15 2015-16 2016-17 2017-18 2018-19
Average Equity 3748.16 3893.01 3893.01 3893.01 3893.01
Return on Equity (Base
Rate) (%) 15.500 15.500 15.500 15.500 15.500
MAT rate for the year
(%) 20.961 20.961 20.961 20.961 20.961
Rate of Return on Equity
(Pre Tax) (%) 19.610 19.610 19.610 19.610 19.610
Return on Equity (Pre
Tax) 735.01 763.42 763.42 763.42 763.42
Depreciation
65. Clause (2), (5) and (6) of Regulation 27 of the 2014 Tariff Regulations
provide as follows:-
"27. Depreciation: (1) Depreciation shall be computed from the date of commercial operation of a generating station or unit thereof or a transmission system including communication system or element thereof. In case of the tariff of all the units of a generating station or all elements of a transmission system including communication system for which a single tariff needs to be determined, the depreciation shall be computed from the effective date of commercial operation of the generating station or the tranmission system taking into consideration the depreciation of individual units or elements thereof.
Provided that effective date of commercial operation shall be worked out by considering the actual date of commercial operation and installed capacity of all the units of the generating station or capital cost of all elements of the transmission system, for which single tariff needs to be determined. (2) The value base for the purpose of depreciation shall be the capital cost of the asset admitted by the Commission. In case of multiple units of a generating station or multiple elements of transmission system, weighted average life for the generating station of the transmission system shall be applied. Depreciation shall be chargeable from the first year of commercial operation. In case of commercial operation of the asset for part of the year, depreciation shall be charged on pro rata basis” “(5) Depreciation shall be calculated annually based on Straight Line Method and at rates specified in Appendix-II to these regulations for the assets of the generating station and transmission system:
Order in Petition No. 7/TT/2015 Page 41
Provided that the remaining depreciable value as on 31st March of the year closing after a period of 12 years from the effective date of commercial operation of the station shall be spread over the balance useful life of the assets. (6) In case of the existing projects, the balance depreciable value as on 1.4.2014 shall be worked out by deducting the cumulative depreciation as admitted by the Commission upto 31.3.2014 from the gross depreciable value of the assets.”
66. The petitioner has computed depreciation considering capital expenditure
of ₹12002.83 lakh as on 31.3.2014 with additional capitalization of ₹ 965.64 lakh
for the 2014-19 tariff period. The effective date of commercial operation (October,
2011) has been considered in accordance to Regulation 26 of the 2014 Tariff
Regulations considering actual COD and capital cost of all the elements of the
transmission system for working out the depreciation of for Combined Asset-1(i),
1(ii), 1(iii), 2, 3 & 4. Accordingly, for the purpose of calculation, the weighted
average useful life of the asset as on COD has been considered as 27 years for
Combined Asset.
67. We have considered the submissions of the petitioner and have allowed
depreciation considering capital expenditure of ₹12011.08 lakh as on 31.3.2014
under Regulation 27 of the 2014 Tariff Regulations. The details of the
72. Clause 1 (c) of Regulation 28 and Clause 5 of Regulation 3 of the 2014
Tariff Regulations specify as follows:-
“28. Interest on Working Capital (c)(i) Receivables equivalent to two months of fixed cost; (ii) Maintenance spares @ 15% of operation and maintenance expenses specified in regulation 29; and
Order in Petition No. 7/TT/2015 Page 44
(iii) Operation and maintenance expenses for one month” “(5)Bank Rate‟ means the base rate of interest as specified by the State Bank of India from time to time or any replacement thereof for the time being in effect plus 350 basis points;”
73. The petitioner has submitted that it has computed Interest on working
capital for the tariff period 2014-19 considering the SBI Base Rate as on
1.4.2014 plus 350 basis points. The rate of interest on working capital considered
is 13.50%.
74. The interest on working capital is worked out in accordance with
Regulation 28 of the 2014 Tariff Regulations. The rate of interest on working
capital considered is 13.50% (SBI Base Rate of 10% plus 350 basis points). The
interest on working capital worked is shown in the table below:-