Draft Regulations on Cross Border Trade of Electricity Page 1 CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI NOTIFICATION (DRAFT) No. 13/2/7/2015-PM/CERC Dated: 16 February, 2017 In exercise of powers conferred under Section 178 of the Electricity Act, 2003 (36 of 2003) read with Section 66 thereof and all other powers enabling it in this behalf, and the directions of the Government of India through guidelines on Cross Border Trade of Electricity No. 14/1/2016-Trans (Vol.-II) issued on 5 th December, 2016, the Central Electricity Regulatory Commission hereby makes the following regulations: CHAPTER-1 PRELIMINARY 1. Short Title and Commencement. (1) These regulations may be called the Central Electricity Regulatory Commission (Cross Border Trade of Electricity) Regulations, 2017. (2) These regulations shall come into force from the date of publication in the Official Gazette. 2. Definitions and Interpretation: (1) In these regulations, unless the context, otherwise requires: (a) ‘Act’ means the Electricity Act, 2003 (36 of 2003) as notified by the Government of India. (b) ‘Actual Drawal’ in a time-block means electricity drawn by a buying entity measured by the interface meters. (c) ‘Actual Injection’ in a time-block means electricity injected by the selling entity, measured by the interface meters. (d) ‘Access Bank Guarantee’ means the bank guarantee which the CBTA customer shall be required to furnish while seeking Long term Access to inter-State transmission system in India. (e) ‘Applicant’ means:
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Draft Regulations on Cross Border Trade of Electricity Page 1
CENTRAL ELECTRICITY REGULATORY COMMISSION
NEW DELHI NOTIFICATION (DRAFT)
No. 13/2/7/2015-PM/CERC Dated: 16 February, 2017 In exercise of powers conferred under Section 178 of the Electricity Act, 2003 (36 of
2003) read with Section 66 thereof and all other powers enabling it in this behalf, and the
directions of the Government of India through guidelines on Cross Border Trade of
Electricity No. 14/1/2016-Trans (Vol.-II) issued on 5th December, 2016, the Central
Electricity Regulatory Commission hereby makes the following regulations:
CHAPTER-1
PRELIMINARY
1. Short Title and Commencement.
(1) These regulations may be called the Central Electricity Regulatory Commission
(Cross Border Trade of Electricity) Regulations, 2017.
(2) These regulations shall come into force from the date of publication in the
Official Gazette.
2. Definitions and Interpretation:
(1) In these regulations, unless the context, otherwise requires:
(a) ‘Act’ means the Electricity Act, 2003 (36 of 2003) as notified by the
Government of India.
(b) ‘Actual Drawal’ in a time-block means electricity drawn by a buying entity
measured by the interface meters.
(c) ‘Actual Injection’ in a time-block means electricity injected by the selling
entity, measured by the interface meters.
(d) ‘Access Bank Guarantee’ means the bank guarantee which the CBTA
customer shall be required to furnish while seeking Long term Access to
inter-State transmission system in India.
(e) ‘Applicant’ means:
Draft Regulations on Cross Border Trade of Electricity Page 2
i) For the purpose of grant of connectivity the following entities
(located in a neighbouring Country):
a) A Hydro Generating station or generating station using
renewable source of energy for installed capacity of 50 MW and
above or.
b) A generating station (not covered under (a) above) with installed
capacity of 250 MW and above, including a captive generating
plant of exportable capacity of 250MW and above or;
c) Hydro Generating stations or generating stations using
renewable source of energy individually having less than 50 MW
installed capacity, but collectively having an aggregate installed
capacity of 50 MW and above, and acting on behalf of all these
generating stations, and seeking connection from CTU at a single
connection point at the pooling sub-station under CTU, termed
as the lead generator, or;
d) A consumer who intends to avail supply of a minimum load of
100 MW through the inter-State Transmission System of India.
ii) For the purpose of grant of long-term access, medium-term open
access or short-term open access the following entities located in
India or a neighboring country:
A generating station including a captive generating plant, a
consumer , an inter-State trading licensee , a distribution licensee.
(f) ‘Appropriate Commission’ means the Central Electricity Regulatory
Commission referred to in sub-section (1) of section 76 or the State
Electricity Regulatory Commission referred to in Section 82 and or the
Joint Electricity Regulatory Commission constituted under sub-section (1)
of Section 83 of the Act.
(g) ‘Available Transmission Capability’ or ‘ATC’ means the transfer
capability, in MW, of the inter-control area transmission system available
for scheduling cross-border transactions (through long-term access,
medium-term open access and short-term open access) in a specific
direction, taking into account the network security. Mathematically ATC is
the Total Transfer Capability less Transmission Reliability Margin.
(h) ‘Black Start Procedure’ means the procedure necessary to recover from
partial or total black out in the region.
Draft Regulations on Cross Border Trade of Electricity Page 3
(i) ‘Buying Entity’ means the entity which has been granted cross border
transmission access and is purchasing electricity through a transaction
involving India and a neighboring country and scheduled in accordance
with these regulations under short-term open access, medium-term open
access or long-term access.
(j) ‘Central Electricity Authority’ or ‘CEA’ means Central Electricity
Authority referred to in Section 70 of the Act.
(k) ‘Central Transmission Utility’ or ‘CTU’ shall mean Central Transmission
Utility as defined in Section 38 of the Act.
(l) ‘Commission’ or ‘CERC’ means Central Electricity Regulatory
Commission referred to in sub-section (1) of section 76 of the Act.
(m) ‘Congestion’ means a situation where the demand for transmission
capacity exceeds the Available Transmission Capability of the transmission
systems.
(n) „Connection Agreement’ means an Agreement defining technical
conditions of connecting to Indian grid in the course of cross border trade
of electricity.
(o) ‘Connectivity’ for a generating station, including a captive generating plant,
a bulk consumer or an inter-State Transmission licensee means the state of
getting connected to the Inter-State Transmission System of India for the
purpose of cross border trade of electricity.
(p) ‘Connectivity Lines’ are transmission lines which connect switchyard of
the generating station to pooling station (s) of the inter-State Transmission
Licensees including Deemed inter-State Transmission Licensees in India
and are used for the purpose of cross border trade of electricity between
India and a neighboring country.
(q) ‘Control Area’ means an electrical system bounded by interconnections (tie
lines), metering and telemetry which controls the generation and/or load
within the area to maintain its interchange schedule with other control areas
whenever required to do so and contributes to frequency regulation of the
synchronously operating system. Any neighbouring country inter-connected
with Indian Grid shall be treated as a separate control area.
(r) ‘Cross Border Trade of Electricity’ means trade involving import or
export of electricity between India and the neighboring Countries of India.
Draft Regulations on Cross Border Trade of Electricity Page 4
(s) ‘Cross Border Transmission Access’ or ‘CBTA’ means the access
available to an applicant of a neighboring country to get connected to and
use the Indian Grid, and the access available to an applicant of India to get
connected to and use the grid of any neighboring country for cross border
trade of electricity under Long term access or medium term open access or
short term open access, as the case may be.
(t) Cross Border Transmission Agreement Customer means a person who
has been granted CBTA in accordance with these regulations.
(u) ‘Cross Border Transmission Access Agreement’ or ‘CBTAA’ means an
agreement relating to cross border trade of electricity entered into by the
Cross Border Transmission Access Applicant with the Central
Transmission Utility as per Central Electricity Regulatory Commission
(Grant of Connectivity, Long Term and Medium Term Open Access)
Regulations, 2009, as amended from time to time.
(v) ‘Cross Border Transmission Link’ means the transmission link from the
generating station or the pooling station of a neighboring country to the
interconnection point on the Indian Grid, as may be specified by the CTU
based on the application for cross border transmission access.
(w) ‘Data Acquisition System or DAS’ means a device designed to record the
sequence of operation in time, of the relays, equipments, system parameters
at a particular location.
(x) ‘Date of Commercial Operation’ or ‘COD’ of a generating stations or
transmission system involved in cross border trade of electricity between
India and a neighboring country shall be as defined in Central Electricity
Regulatory Commission (Indian Electricity Grid Code) Regulations, 2010 as
amended from time to time.
(y) „Dedicated Transmission Lines‟ shall have the same meaning as defined
in Section 2(16) of the Act.
(z) ‘Demand’ means the demand of Active Power in MW and Reactive Power
in MVAr of electricity unless otherwise stated.
(aa) 'Designated Authority' or ‘DA’ means the Authority as designated by Ministry of Power, Government of India in accordance with the "Guidelines on Cross Border Trade of Electricity".
Draft Regulations on Cross Border Trade of Electricity Page 5
(bb) ‘Deviation’ in a time-block for a seller means its total actual injection
minus its total scheduled generation and for a buyer means its total actual
drawal minus its total scheduled drawal and shall be calculated at the
Interconnection point.
(cc) 'Distribution Licensee’ shall be as defined in Section 2 (17) of the Act.
(dd) 'Downstream system' for a transmission line means the terminating bays/
transmission lines at same or lower voltage associated with a transmission
line without commissioning of which the transmission line cannot be put to
intended or optimal use.
(ee) ‘Grid Code’ means the Central Electricity Regulatory Commission (Indian
Electricity Grid Code) Regulations, 2010 specified by the Commission
under clause (h) of sub-section (1) of Section 79 of the Act including
amendments thereto and subsequent enactment thereof.
(ff) ‘Implementation Agreement’ means the agreement, contract or
memorandum of understanding, or any such covenant, entered into
between following entities for the execution of project in a coordinated
manner:
(i) between transmission licensee and generating station or
(ii) between transmission licensee and developer of the associated
transmission system or
(iii) between transmission licensee and owner of upstream system or
(iv) between transmission licensee and owner of downstream system.
(gg) ‘Indian Grid’ shall refer to the Inter-State Transmission System (ISTS) or
Intra-State Transmission System (In-STS) or both as the context may
require.
(hh) ‘Installed capacity’ of the generating station shall have the same meaning
as defined in Central Electricity Regulatory Commission (Terms and
Conditions of Tariff) Regulations, 2014 as amended from time to time or
any subsequent enactment thereof.
(ii) ‘Interface Meters’ means interface meters as defined by the Central
Electricity Authority under the Central Electricity Authority (Installation
Draft Regulations on Cross Border Trade of Electricity Page 6
and Operation of Meters) Regulations, 2006, as amended from time to
time.
(jj) ‘Inter-State transmission system’ and intra-State Transmission System
shall have the same meaning as assigned to them under section 2(33) and
2(34) of the Act.
(kk) ‘Interconnection point’ means the point of interconnection between India
and any of its neighboring countries where scheduling, metering,
accounting and billing of electricity shall be done for the purpose of cross
border trade of electricity. Such point shall be at a pooling station within
Indian periphery.
(ll) ‘Lead generator’ is a generating station which shall act on behalf of
generating stations based on hydro or renewable sources of energy,
individually having less than 50 MW installed capacity, but collectively
having an aggregate installed capacity of 50 MW and above, and seeking
connection from CTU at a single connection point at the pooling sub-
station under CTU.
(mm) ‘License’ means a license granted under section 14 of the Act.
(nn) ‘Licensee’ means a person who has been granted a license under section 14
of the Act.
(oo) ‘Long-term Access’ means the right to use the inter-state transmission
system of India for a period of 7 years or more.
(pp) ‘Long-term Power Purchase Agreement’ shall mean a Power Purchase
Agreement for a minimum period of 7 years.
(qq) ‘Medium-term Open Access’ means the right to use the inter-state
transmission system of India for a period exceeding 1 year but not
exceeding 5 years.
(rr) ‘Medium-term Power Purchase Agreement’ shall mean a Power
Purchase Agreement for duration equal to or more than 1 year and less
than 7 years.
(ss) ‘National Load Despatch Centre’ means the Centre established under
sub-section (1) of section 26 of the Act.
Draft Regulations on Cross Border Trade of Electricity Page 7
(tt) ‘Open Access’ within the territory of India shall have the same meaning
as assigned under section 2(47) of the Act
(uu) ‘Participating Entity' means the entities approved by Designated
Authority under Guidelines on Cross Border Trade of Electricity issued by
Ministry of Power, Government of India
(vv) ‘Pooling Station’ means the sub-station where pooling of connectivity
lines of generators is done for interfacing with the same or next higher
voltage level network of CTU or STU or Distribution Licensee.
(ww) 'Power Market Regulation' means the Central Electricity Regulatory
Commission (Power Market) Regulations, 2010 as amended from time to
time or any part thereof.
(xx) ‘Real Time Operation’ means action to be taken at a given time at which
information about the electricity system is made available to the concerned
Load Despatch Centre.
(yy) ‘Regional Energy Account’ or „REA‟ means energy account on monthly
basis by the RPC Secretariat of the respective regions in India for the billing
and settlement of „Capacity Charge‟, „Energy Charge‟, „Deviation Charge‟,
'Transmission charge' and „Reactive Energy Charge‟ in respect of
transactions in the course of cross border trade of electricity.
(zz) ‘Scheduled Drawal’ at any time or for time block(s) means schedule of
despatch in MW or MWh ex-bus given by the concerned System Operator.
(aaa) ‘Scheduled Generation’ at any time or for time block(s) means schedule
of generation in MW or MWh ex-bus given by the concerned system
operator.
(bbb) ‘Selling Entity’ means the entity which has been granted cross border
transmission access and is selling electricity through a transaction in the
course of cross border trade of electricity and scheduled in accordance with
the regulations applicable for short-term open access, medium-term open
access or long-term access.
(ccc) ‘Settlement Nodal Agency’ or ‘SNA’ means the nodal agency as specified
under Regulation 6 (2) (b) of these regulations.
Draft Regulations on Cross Border Trade of Electricity Page 8
(ddd) ‘Short-term Open Access’ means open access for a period up to one (1)
month at one time.
(eee) ‘Short-term Power Purchase Agreement’ shall mean a Power Purchase
Agreement for duration of less than one year.
(fff) ‘Special Energy Meter’ means the interface meters as defined by the
Central Electricity Authority under the Central Electricity Authority
(Installation and Operation of Meters) Regulations, 2006, as amended from
time to time.
(ggg) ‘State Transmission Utility' or ‘STU’ means the Board or the
Government company specified as such by the State Government under
sub-section (1) of section 39 of the Act.
(hhh) ‘System Operator’ means an entity set up by Government of India or any
of its neighboring countries to oversee, inter alia, the following main
functions:
(i) Scheduling and dispatch of electricity over the cross border links in
accordance with grid standards specified.
(ii) Monitoring of operations and grid security of the inter-