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ANNEXURE TO GOVERNMENT ORDER NO.205
J&K STATE HYDROELECTRIC
GOVERNMENT OF JAMMU & KASHMIR
J&K STATE HYD
PROJECTS DEVELOPMENT
Power Development Department
ANNEXURE TO GOVERNMENT ORDER NO.205-PDD of 2011 DATED 07.07.2011
&K STATE HYDROELECTRIC PROJECTS DEVELOPMENT POLICY
GOVERNMENT OF JAMMU & KASHMIR
STATE HYDROELECTRIC
PROJECTS DEVELOPMENT
POLICY 2011
Jammu & Kashmir
Power Development Department
PDD of 2011 DATED 07.07.2011
POLICY, 2011
GOVERNMENT OF JAMMU & KASHMIR
ROELECTRIC
PROJECTS DEVELOPMENT
Power Development Department
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ANNEXURE TO GOVERNMENT ORDER NO.205-PDD of 2011 DATED 07.07.2011
J&K STATE HYDROELECTRIC PROJECTS DEVELOPMENT POLICY, 2011
2
DEFINITIONS/ ABBREVIATIONS
BOOT Build Own Operate & Transfer.
COD Commercial Operation Date. This would mean the date
on which the project begins commercial operation.
Concession Period Concession Period shall mean the period of operation of
the project by the IPP from scheduled COD.
CPSU Central Public Sector Undertaking
CSR Corporate Social Responsibility
CTU Central Transmission Utility.
DPR Detailed Project Report.
EIA Environment Impact Assessment.
EMP Environment Management Plan.
PFR Pre Feasibilty Report.
GoJK Government of Jammu and Kashmir.
GoI Government of India.
HEP Hydro Electric Project.
IA Implementation Agreement.
ICB International Competitive Bidding.
IPP Independent Power Producer.
The IPPs would include any Private Investor such as
Private Ltd. Company/Public Ltd. Company/Public Sector
Undertakings/ Partnership concern/ Sole Proprietary/Co-
operative Society /State Governments other than J&K or
any other Government or non Government entity or their
joint ventures or consortiums.
JKSPDCL Jammu & Kashmir State Power Development Corporation
Limited.
JKSERC J&K State Electricity Regulatory Commission.
JKPDD Jammu & Kashmir Power Development Department.
JV Joint Venture.
LADF Local Area Development Fund.
MoU Memorandum of Understanding.
NHPC National Hydroelectric Power Corporation.
O&M Operation and Maintenance.
PPA Power Purchase Agreement.
R&R Resettlement and Rehabilitation.
RFP Request for Proposal.
RFQ Request for Qualification.
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ANNEXURE TO GOVERNMENT ORDER NO.205-PDD of 2011 DATED 07.07.2011
J&K STATE HYDROELECTRIC PROJECTS DEVELOPMENT POLICY, 2011
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SHP Small Hydro Power Project.
SDU State Distribution Utility. TEC Techno Economic Clearance.
T&D Transmission and Distribution.
TU Transmission Utility -JKPDD or its successor(s).
UI Unscheduled Interchanges.
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ANNEXURE TO GOVERNMENT ORDER NO.205
J&K STATE HYDROELECTRIC
1.0 PREAMBLE
Hydropower is one of the State’s key resources and J&K intends to accelerate
harnessing this potential as an integral part of its economic development.
development of hydro potential in the State is expected to usher in huge
economic benefits in the fo
employment generation.
in efficiencies in transmission and
provide energy at affordable cost
turn into a net energy exporter
Power is the critical infrastructure on which the socio
the country depends. The growth of the economy hinges on the
quality power at competitive rates. Therefore, it is imperative that electricity is
made readily available for growth of infrastructure, economy and overall better
quality of life of the people.
The State is presently
20,000 MWs out of which
tributaries Chenab, Jhelum and Ravi
following chart depicts the identified
0
2000
4000
6000
8000
10000
12000
Jehlum
3560
750.1
Potential Identified
ANNEXURE TO GOVERNMENT ORDER NO.205-PDD of 2011 DATED 07.07.2011
HYDROELECTRIC PROJECTS DEVELOPMENT POLICY
Hydropower is one of the State’s key resources and J&K intends to accelerate
harnessing this potential as an integral part of its economic development.
development of hydro potential in the State is expected to usher in huge
economic benefits in the form of infrastructure development, industrialization
employment generation. With increase in hydropower generation & improv
transmission and distribution of electricity, J&K
affordable cost for eco-friendly industrial development
a net energy exporter.
critical infrastructure on which the socio-economic development of
ountry depends. The growth of the economy hinges on the
competitive rates. Therefore, it is imperative that electricity is
readily available for growth of infrastructure, economy and overall better
quality of life of the people.
presently assessed to be endowed with hydro power potential of
out of which about 2500 MWs has been harnessed.
tributaries Chenab, Jhelum and Ravi cross the state and in these basins, the
following chart depicts the identified and harnessed potential:-
Jehlum Chenab Indus Ravi
10360
2060
500750.1
1563.8
13.3570
450
90.26
Potential Identified Harnessed Under Construction
PDD of 2011 DATED 07.07.2011
POLICY, 2011
4
Hydropower is one of the State’s key resources and J&K intends to accelerate
harnessing this potential as an integral part of its economic development. The
development of hydro potential in the State is expected to usher in huge
rm of infrastructure development, industrialization and
hydropower generation & improvement
distribution of electricity, J&K aims not only to
friendly industrial development but also
economic development of
ountry depends. The growth of the economy hinges on the availability of
competitive rates. Therefore, it is imperative that electricity is
readily available for growth of infrastructure, economy and overall better
endowed with hydro power potential of
MWs has been harnessed. Indus and its 3
cross the state and in these basins, the
Ravi
500129.00
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ANNEXURE TO GOVERNMENT ORDER NO.205-PDD of 2011 DATED 07.07.2011
J&K STATE HYDROELECTRIC PROJECTS DEVELOPMENT POLICY, 2011
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The sector-wise breakup of harnessed hydel potential is as under:-
A. Potential - Harnessed and planned
S.No Sector Harnessed
Potential
(MW)
Under execution
(MW)
Planned
(MW)
1 State Sector 758.70 452.76 2566.50
2 Central Sector 1680 659 1020
3 Joint Venture 2120
4 Private(IPP) Sector
(two commissioned
out of 10 awarded
under Phase I)
17.50 760.5 50
Total 2456.20 1870.76 5756.5
B. Projects under Execution
S.No Sector Projects Capacity (MW)
1 State 450 MW BHEP-II,1.26 MW Sanjak,
1.5 MW Pahalgam
452.76
2 Central 45 MW Nimo Bazgo,44 MW
Chutak,240 MW Uri-II, 330 MW
Kishanganga.
659
3 Private (IPP) 690 MW Ratle HEP & 08 Projects
out of 10 awarded to IPPs through
bidding in Phase-I under State
Hydel Policy of 2003.
760.50
Total 1872.26
C. Projects planned for Execution:
S.No Sector Projects Capacity (MW)
1 State 1200 MW Sawalkote, 990 MW
Kirthai-II, 240 MW Kirthai-I, 93
MW New Ganderbal, 37.5 MW
Parnai, 3 MW Hanu & 3 MW Dah
2566.50
2 Central Bursar 1020
3 Joint Venture 600 MW Kiru, 520 MW Kawar &
1000 MW Pakaldull
2120
5 Private/IPP 50 MW Lower Kalnai 50
Total (planned for execution) 5756.5
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ANNEXURE TO GOVERNMENT ORDER NO.205-PDD of 2011 DATED 07.07.2011
J&K STATE HYDROELECTRIC PROJECTS DEVELOPMENT POLICY, 2011
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In J&K, power generation from projects of 2 MW and above is the responsibility
of the State owned Jammu & Kashmir State Power Development Corporation
Limited (JKSPDCL). Transmission and distribution is directly with the GoJK, i.e.
JKPDD. JKSPDCL was carved out of JKPDD in 1989 and incorporated as a
Company in 1995 with the mandate to plan, execute, operate and maintain all
generating stations including such stations that existed at the time of creation of
the Corporation.
The installed capacity of 21 operational powerhouses of JKSPDCL is 929.70 MW
comprising of 754.70 MW of Hydel Stations with the largest being 450 MW
Baglihar HEP Stage I and 175 MW of Gas turbines. In addition, installed capacity
of the projects under operation with NHPC is 1680 MW from which free power to
the extent of 12 % of the installed capacity is available to the State. The details
of projects under operation in the State are at Annexure I:
At present the unrestricted demand in the State is 2425 MW while suppressed
demand is 1492 MW with scheduled curtailment. Thus there is a deficit of about
933 MW vis-a-vis even the restricted demand. However, this deficit does not
capture the grim situation adequately - the peak demand in the harsh winter
conditions surges up and that is precisely the period when generation from hydel
stations dwindles substantially due to lean discharge in the rivers. Consequently
the State has to rely mainly on the allocation from Central Power Stations and is
often forced to overdraw from the grid, attracting Unscheduled Interchange and
penal rates. Due to purchase of considerable amounts of power from the
northern grid and overdrawals under UI regime, the State suffers substantial
drain of its resources on this account. Harnessing of available hydro potential,
shall therefore, automatically result in improving of power situation in the State.
The demand pattern in the State comprises 35% domestic and 65% non-
domestic consumption. On per capita basis, the State consumes 750 units
compared to 872 units in Himachal Pradesh, 706 units in Uttarakhand, 1506 units
in Punjab, 1208 units in Haryana and 671 units national average. Going by the
projected growth pattern, the power demand in the State is estimated to be
about 2600 MW in 2012-13 and about 5500 MW in 2025-26.
Government of Jammu & Kashmir, vide Govt. Order No. 211-PDD of 2003 dated
9.10.2003,brought out its Hydel Policy to encourage private sector participation
in development of Hydro Projects. Under this policy, ten projects have been
awarded to Independent Power Producers (IPPs), which are at various stages of
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J&K STATE HYDROELECTRIC PROJECTS DEVELOPMENT POLICY, 2011
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implementation, as summarized Annexure II.
In 2008, the State Government vide order no: 168-PDD of 2008 dated:
25.04.2008 has approved an implementation framework for development of
Hydroelectric Projects outlining the following modes of execution:-
1. Execution of projects as purely state projects with 100% ownership by
JKSPDCL.
2. Execution of large projects through Joint Venture of JKSPDCL with Central
Public Sector Undertakings under Memorandum of Understanding (MoU)
route.
3. Execution of projects through Public Private Partnership (PPP) mode in the
form of Joint Venture of JKSPDCL with private sector for large projects and
selection of JV partner through transparent process.
4. Execution of large projects through independent power Producers (IPP) on
Build, Own, Operate and Transfer (BOOT) basis through international
competitive bidding (ICB).
5. Execution of small projects through Independent Power Producers (IPP) on
Build, Own, Operate and Transfer (BOOT) basis through competitive bidding.
In order to give further impetus to exploitation of hydel potential, the State
Government has decided to revise the State Hydel Policy of 2003 to fulfill the
following objectives:-
1. Expeditious development of available hydro power of the State.
2. Maximization of benefits to the State by meeting its power requirements
and giving a fillip to economic growth.
3. Provide employment opportunities to the people of the State.
4. Develop hydropower projects in an environment-friendly manner with
minimum dislocation of project affected people.
5. Provide for creation of social and development infrastructure of the local
area by hydro power developers and through the Local Area
Development Fund.
6. To accelerate the pace of hydropower development through private
sector participation by removing the implementation related difficulties of
IPPs.
7. To bring in the investment and associated efficiency from the private
sector.
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J&K STATE HYDROELECTRIC PROJECTS DEVELOPMENT POLICY, 2011
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Accordingly the State Government has decided to announce this policy called the
“J&K State Hydroelectric Projects Development Policy 2011”, which replaces the
earlier Policy of 2003.
2. Scope of the Policy
2.1 This policy shall be effective from the date it is notified by the Government
of Jammu & Kashmir. All projects awarded under this policy will be governed
by this policy for their entire duration.
2.2 The policy shall apply to such Hydropower projects/stations of estimated
installed capacity of 2-100 MWs as may be notified by the JKSPDCL for
execution by IPPs.
2.3 Hydropower Projects of more than 100 MWs capacity shall not be covered
by this policy. Policy framework, guidelines, bidding parameters, etc for this
category will be project specific and shall be notified accordingly.
2.4 Projects upto 10 MWs shall be reserved for execution by IPPs that are
permanent residents of Jammu & Kashmir. This would include such IPPs in
which permanent residents of J&K hold majority stake. This condition shall,
however, be relaxed, in case the bidding process of the project so reserved
does not result in adequate and competitive response.
3. Nodal Agency
Jammu & Kashmir State Power Development Corporation Limited, a
Government of Jammu & Kashmir PSU, incorporated in 1995 under the
Companies Act, 1956 and having its registered office at Srinagar Kashmir,
shall be the Nodal Agency on behalf of the State Government to conduct the
bidding process, award these projects, carry out necessary documentation,
sign agreements, monitor during construction and operation, take over the
project from the IPP and take all other necessary steps as required under the
policy.
4. PROJECTS
4.1 JKSPDCL will prepare the PFRs of the potential sites.
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4.2 The projects shall be offered for the Concession Period of 35 years from
the scheduled COD which shall be fixed while according of Techno Economic
Clearance (TEC) by JKSPDCL after allowing for suitable construction period
from the date of award of the project. JKSPDCL may however, extend the
Concession Period due to Force Majeure or reasons beyond the control of IPP.
4.3 At the end of the Concession Period, the projects shall be ordinarily
transferred to JKSPDCL on payment of terminal value without any
encumbrances. The Concession Period may, however be, extended beyond 35
years on mutually agreed terms and conditions.
4.4 The Project assets shall be maintained by the IPP in a condition that
would ensure residual life of the project at the rated capacity for at least 20
years at any point of time including the time of transfer of the project to the
State by the IPP. JKSPDCL or its authorized agencies would carry out
mandatory inspections on regular basis to ensure the same. The IPP shall
provide unhindered access to JKSPDCL to enter the project.
4.5 If such inspections reveal that the plant capacity and/or residual life of the
project are being undermined due to inadequate maintenance or insufficient
capital infusion, JKSPDCL shall order remedial measures to be taken by the
IPP. If the IPP fails to comply with these directions, the JKSPDCL shall be at
liberty, after providing due opportunity of being heard to the IPP, to terminate
the Concession Period. While doing so, a termination compensation value shall
be determined on the basis of estimated net cash flows to equity shareholders
for the next ten years or residual period of concession, whichever is less,
discounted at a suitable rate. Both, the assessment of cash flows as well as
the discount rate, would be as per the approval of JKSERC which will also
factor in the costs of recapitalization, refurbishment, renovation, repairs, etc.
required to bring the project to the necessary standards.
4.6 The IPP will be responsible for all project related activities pertaining to
environmental aspects, Rehabilitation and Resettlement (R&R), Environment
Impact Assessment (EIA) studies and preparation of Environment
Management Plan (EMP) and its implementation. These measures shall be
governed by Central/State policies in this regard.
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4.7 In case of canal fall schemes, the availability of water in the canal will be
subject to irrigation demand and to that extent the IPP shall not have any
right over water for power generation.
4.8 JKSPDCL will acquire land strictly as per component wise project
requirement for the IPPs and lease the same to the IPPs on payment of
premium/rentals to be determined by the Government till the expiry of
Concession Period.
4.9 Construction of project infrastructure including approach roads,
arrangement for water supply, power for construction purposes, etc. shall be
the responsibility of the IPP and the cost thereof shall be borne entirely by the
IPP.
4.10 Since potential sites would be notified on the basis of preliminary
reconnaissance and PFRs only, the IPPs are expected to verify various project
related parameters viz. discharge, head, water availability, habitation, etc. The
information contained in the PFR is only indicative and JKSPDCL shall not be
responsible for the accuracy of the information contained therein. IPPs shall
also ensure that the Project components do not fall in wild life sanctuaries,
National parks, eco protection zones, etc. and also do not interfere / overlap
with the existing/ ongoing Hydel Projects.
4.11 Implementation of projects shall be governed by Indus Water Treaty
1960 signed between India and Pakistan and therefore have to be cleared
from Indus Water Treaty angle.
5. PREQUALIFICATION
5.1 A two stage bidding process will be adopted comprising Request for
Qualification (RfQ) followed by Request for Proposal (RfP). Bidders who are
declared qualified after submission of RfQ documents and evaluation will be
allowed to participate further and bidders who are declared not qualified will
not take any further part in the bidding process.
5.2 Pre-qualification of the bidders shall be based on
(a) Primary qualification: financial capacity to mobilize the required resources
and bring in or raise equity contribution; and
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(b) Secondary qualification: experience of development, construction and
operation of hydro projects or other relevant experience in the power sector.
The bidders will be required to provide proof of their qualification viz., balance
sheets, annual reports and other reported evidence of financial and technical
capacity. While evaluating the financial capacity of the bidders, the projects
already under execution by the bidder in the State shall be netted off.
5.3 The requirement/threshold value in respect of financial capacity, technical
capability, experience and other relevant attributes of the bidders, shall be
specified in the RfQ. Criteria for evaluation shall also be laid out in the RfQ.
5.4 Ordinarily, no IPP would be awarded more than 3 Projects or projects with
aggregate capacity of more than 200 MWs, whichever is higher. While making
such assessment, Projects already under execution by the IPP in the State
shall be taken into account.
5.5 Change of composition of Consortiums/Joint Ventures shall not be
permitted without approval of JKSPDCL after submission of bids/award of
project as it has direct relation to the pre-qualification of the IPP.
6. PROCESS OF ALLOTMENT
6.1 The projects shall be advertised in order to seek competitive bids. A two
stage bidding process comprising of Request for Qualification (RfQ) and
Request for Proposal (RfP) shall be conducted. Each application in response to
the advertisement shall be accompanied by a refundable Earnest Money
Deposit (EMD) as notified in the bidding document.
6.2 The Request for Qualification shall also be accompanied by a non-
refundable deposit towards processing fee in the shape of demand draft of Rs.
1.00 lac (Rupees one lac) for Projects upto 10 MWs and Rs 2.00 lacs (Rupees
two lacs) for projects more than 10 MWs drawn in the name of Jammu &
Kashmir State Power Development Corporation Limited (JKSPDCL), payable at
Srinagar or/Jammu. This processing fee shall be for each Project for which
IPP submits RfQ.
6.3 All bidders will be subject to pre-qualification as provided in paragraph 5.
Qualified bidders will be provided with the PFR and where-ever available, with
DPR prepared by the JKSPDCL along with RfP.
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6.4 The successful bidders would be required to pay an upfront premium
which shall not be less than Rs.4.0 lacs per MW for 2-25 MW Projects, not less
than Rs.6.0 Lacs for Projects above 25 MW and upto 50 MW and not be less
than Rs.8.0 Lacs per MW for Projects above 50 MW and upto 100 MW. The
exact value of the upfront premium shall be specified in the bid document.
6.5 Proposals shall be invited from the qualified bidders on the basis of the
following variables, as may be specified in the bid document :-
i. Free Power to J&K subject to a minimum of 15 % throughout the
Concession Period, apart from 1 % for LADF.
ii. Tariff for Power (only in respect of projects above 25MW projects),
to be procured by J&K, the quantum of which shall be not less than
30% (after netting off free power and LADF).
iii. Terminal value to be paid to the IPP at the time of transfer of the
project to the State, which shall be not more than 10% of the
estimated cost of the project indicated in the bidding document.
6.6 The bids will be evaluated on the principle of net payment to the
developer i.e outflow to the developer minus inflow to the State. While upfront
premium & free power would be the inflow to the State, cost of power
procured by J&K and terminal value would be the outflow to the developer.
Net Present Value (NPV) shall be worked out for all cash streams on CERC
approved discounting rates as on Scheduled COD. Projects will be allotted to
the bidder with the lowest NPV.
6.7 The successful bidder shall be required to deposit the upfront premium
and other amounts due, within two months of receiving the intimation
regarding his bid being successful. The successful bidder may be permitted to
provide 50% of the bid amount in excess of the threshold premium as Bank
Guarantee encashable at the time of actual or scheduled financial closure,
whichever is earlier.
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7. TRANSFER OF ALLOTMENT
Transfer of shares, as per law, will be permitted to the IPPs that have been
allotted the projects. However, permanent residents of Jammu & Kashmir shall
hold majority share in companies which are awarded projects under reserved
category as per clause 2.4.
8. TIMELINES FOR EXECUTION OF PROJECTS:
8.1 Timelines for execution of a project allotted to an IPP shall be as follows:-
Activity Indicative Timelines *(in months)
2-25 MWs 25-100 MWs
Letter of Award T0 T0
Payment of Upfront Premium along
with Performance Guarantee (@ Rs
10 lac per MW) by the IPP.
T0 + 2 T0 + 2
Investigation & submission of DPR by
the IPP
T0 + 18 T0 + 24
TEC of DPR by JKSPDCL after
submission of all the necessary
documents and clarifications by the
IPP
T0 + 22 T0 + 28
Signing of Implementation
Agreement between the IPP &
JKSPDCL
T0 + 23 T0 + 29
Obtaining of all Clearances and
achieving Financial Closure by the
IPP
T0 + 30 T0 + 40
Scheduled COD of the Project Shall be fixed by
JKSPDCL while
according TEC
Shall be fixed by
JKSPDCL while
according TEC
* The timelines indicated in this Table generally give the maximum period
required for a particular step in execution of a project. The timelines may be
specifically stated for particular projects on considerations of availability of the
DPR, clearances, site suitability, etc.
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8.2 JKSPDCL will consider granting extension to the IPP on its request for fixing
revised timelines, only if it is established that the slippage in timelines has
occurred due to force majeure conditions or reasons beyond the control of the
IPP.
8.3 Failure to meet the above timelines or revised timelines as per 8.1 & 8.2
above, may attract a penalty on the IPP depending on the degree of slippage. In
any case, a penalty @ Rs 5 lacs per MW shall be imposed on the IPP for every
month of delay in financial closure before resetting the timelines. Also, a penalty
@ Rs 5 lacs per MW shall be imposed on the IPP for every month of delay in
scheduled COD.
8.4 Failure to meet any of the timelines mentioned above or revised timelines as
approved by JKSPDCL may also result in cancellation of allotment of the Project
to the IPP, and forfeiture of upfront premium amount without any compensation.
8.5 The IPP may surrender the allotment if on formulation of the DPR within the
stipulated time-frame, it establishes, to the entire satisfaction of JKSPDCL, that
the project is techno-economically unviable. On such surrender, the bank
guarantee provided by the IPP in lieu of upfront premium as well as the
performance guarantee would be released and the premium amount would be
refunded to the IPP.
8.6 If COD is achieved earlier than scheduled COD, IPP will not be required to
provide free power/Royalty upto the scheduled COD.
9. SALE OF POWER
9.1 The IPP shall, after allowing for J&K’s share of power including free power,
be free to sell the balance power as it deems fit, within or outside the State. In
case of sale to the State, its supply shall be metered at interconnection point.
9.2 In respect of projects upto 25 MW, J&K shall procure 30% power at the tariff
determined by the Regulator.
9.3 In respect of projects above 25 MW, J&K shall procure quantum of power as
indicated in the bid document at the tariff determined through competitive
bidding process.
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9.4 In respect of balance power, J&K shall have first right of refusal.
10. GRID INTERFACE-OPEN ACCESS:
Open Access
10.1 On allotment of a project, the IPP will approach the appropriate utility for
grant of open access, who shall analyze the system availability and grant open
access, duly identifying the interconnection point, infrastructure required upto
the interconnection point, specifications, evacuation voltage, etc.
10.2 The IPP shall be responsible for developing the necessary infrastructure to
facilitate the connectivity/synchronization with the Grid.
11. DISPATCH:
Priority will be accorded to the IPPs for dispatch into the grid ahead of merit
order and any other source of supply, subject to any system constraints/grid
disturbances or restrictions imposed by the State Government in the interest of
the State.
12. OPEN ACCESS CHARGES
12.1 The infrastructural facilities of TU, as available, will be provided to IPPs for
wheeling and transmitting the generated energy.
12.2 For supply of committed power i.e free power plus power procured by
State in grid connected or isolated mode, the available transmission
/distribution networks of the State’s Transmission/Distribution Utilities shall be
utilized and IPP will not be required to pay any wheeling/transmission charges.
12.3 For supply of balance power (other than committed power to J&K), the
State Transmission/Distribution networks of transmission/distribution Utility, can
be utilized for which open access charges shall be borne by the IPP as per
JKSERC regulations. T&D losses will also be borne by the IPP, as per JKSERC
regulations.
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12.4 The T&D losses for intrastate wheeling/transmission shall be as per the
JKSERC regulations for State Transmission Utility/State Distribution utility
network and for wheeling/ transmitting beyond STU on CTU network, it shall be
as per CERC regulations.
13. INCENTIVES:
13.1 No entry tax will be levied by the State Government on power generation,
transmission equipment and building material and construction equipment for
Power projects awarded under this policy.
13.2 Exemption from Income tax on account of income accruing from micro-
hydel power projects shall be governed as per the Government of India policy in
vogue.
13.3 IPP may pursue CDM benefits from the project at its own risk and
responsibility. Sharing of the CDM benefits between IPP and JKSPDCL will be as
per CERC/SERC regulations.
13.4 Projects awarded under this policy shall be exempted from water usage
charges imposed under the “J&K Water Resource Regulation and Management
Act 2010” for the first 10 years of operation reckoned from Scheduled
Commercial Operation Date.
13.5 The projects up to 25 MW can avail incentives from MNRE as per the
National Policy.
14. ROLE OF STATE’s TRANSMISSION / DISTRIBUTION UTILITY
AND JKSPDCL
14.1 The State Transmission/Distribution Utility shall be responsible for executing
Power Purchase Agreement (PPA), Transmission/Distribution Service Agreements
(TSAs) as required, determination of evacuation requirements and overseeing
scheduling, dispatch, royalty and energy accounts. Model PPA is enclosed as
Annexure-III. Open access application, transmission/distribution agreements
shall be as per the formats prescribed by JKSERC Regulations, 2006.
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14.2 JKSPDCL will be responsible for preparation of pre-feasibility report, carrying
out the bidding process and monitoring of the development of allotted
projects/delivery as per timelines. In case JKSPDCL has the DPR, the same shall
be made available to IPPs against actual cost incurred on its preparation. A
period of six(6) months shall be allowed for review/revalidation of the DPR and
other milestones/timelines shall be adjusted accordingly.
14.3 JKSPDCL will not participate in the bidding process. However, after the
allotment, upon request from the IPP, the JKSPDCL may consider participating as
a minority partner (with less than 50% shareholding interest) or perform certain
tasks for the bidder on a consultancy basis including preparation of DPR. Such
participation would be independently negotiated between JKSPDCL with the IPP
and is not mandatory on the part of JKSPDCL.
14.4 JKSPDCL shall also be responsible for executing the Implementation
Agreement with the IPP. Model Implementation Agreement is enclosed as
Annexure-IV.
15. ROLE & RESPONSIBILITIES OF IPP
The roles & responsibilities of IPPs shall be including but not limited to
following:-
15.1 IPP will be responsible for doing all confirmatory survey and investigation
including site access, etc at its own cost leading to preparation of DPR.
15.2 The onus of obtaining all statutory and non-statutory clearances will lie on
the IPP. JKSPDCL shall facilitate the process. In respect of clearance from Indus
Water Treaty angle, JKSPDCL shall provide necessary support to the IPP.
15.3 The IPP shall be responsible for ensuring submission of documents
complete in all respects to concerned authorities. Failure to do so within the
stipulated time frame shall be treated as non-compliance of the policy and
implementation agreement.
15.4 IPP shall be responsible for all the R&R activities, including cost of
implementation plan, as approved by GoJK.
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15.5 While providing employment for construction as well as O&M activities, IPP
shall endeavour to give preference to locals, as per their availability and
suitability.
15.6 IPP shall discharge its Corporate Social Responsibility (CSR) as per
global/national standards towards the project affected area and the Project
affected families.
15.7 IPP shall refrain from causing pollution and damage to environment and
take all necessary steps for protection of environment.
15.8 IPP shall carry out due diligence in all matters related to project
development including bidding for the project and participate in the process in
the spirit of partnership towards the common objective of augmenting the power
availability in the State.
15.9 The IPP shall be responsible for executing the PPA, TSA/DSA and IA with
the State & JKSPDCL.
15.10 The IPPs shall give preference to locally manufactured
material/components for construction and maintenance of the project subject to
the availability and suitability of the same.
16. REGULATORY OVERSIGHT:
Aspects of this policy that require regulatory approvals from the concerned
Regulator/prescribed authority would be subject to such approvals being given
and would apply in the manner so approved.
17. DUE DILIGENCE:
The applicant /IPP shall be responsible for carrying out due diligence with regard
to his compliance responsibilities under various applicable Central/State/other
laws, rules and regulations and ensure compliance with the same.
18. POWER TO RESOLVE DIFFICULTIES:
In the event of a dispute, the interpretation of these guidelines by the JKSPDCL
shall be final. In all such matters to the extent practicable, an opportunity shall
be given to the affected stakeholders to be heard before a decision is taken.
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19. COURT JURISDICTION:-
In respect of all disputes arising out of the bidding process which may arise at
any time, the courts in Jammu & Kashmir shall have exclusive jurisdiction
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ANNEXURE-I
(Projects under Operation in the State)
S.No Name of Project Basin Capacity in MWs
Configuration (MW)
State Sector
1 LJHP Jehlum 105.00 3 x 35
2 USHP-II Kangan Jehlum 105.00 3x35
3 USHP-I Jehlum 22.60 2 x 11.3
4 Ganderbal Jehlum 15.00 2x3+2x4.5
5 Pahalgam Jehlum 3.00 2 X 1.5
6 Karnah Jehlum 2.00 2 x 1
7 Baglihar-I Chenab 450.00 3x150
8 Chenani-I Chenab 23.30 5 x 4.66
9 Chenani-II Chenab 2.00 2 x 1
10 Chenani-III Chenab 7.50 3 x 2.5
11 Bhaderwah Chenab 1.00 2 X 0.5
12 Iqbal Indus 3.75 3 x 1.25
13 Sumoor Indus 0.10 2 x 0.05
14 Hunder Indus 0.40 2 x 0.20
15 Bazgo Indus 0.30 2 x0.15
16 Igo- Marcelloung Indus 3.00 2x1.5
17 Marpachoo Indus 0.75 3x0.25
18 Haftal Indus 1.00 2x0.5
19 Satakna Indus 4.00 2 X 2
20 Sewa-III Ravi 9.00 3 x 3
Sub total 758.70
Central Sector
1 Salal Chenab 690.00 6x115
2 Dulhasti Chenab 390.00 3 x130
3 Uri-I Jehlum 480.00 4x120
4 Sewa-II Ravi 120.00 3x40
Sub total 1680.00
Private Sector
1 Athwatoo Jehlum 10.00 2x5
2 Brenwar Jehlum 7.50 3 X2.50
Sub total 17.50
Grand total 2456.20
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ANNEXURE-II
(Projects awarded through bidding to IPPs
in Phase-I under State Hydel Policy of 2003)
S.
No
Name of SHP with Source Capacity
MW
status
1 Athwathoo, Bandipora Distt
(erstwhile Baramulla district)
Madhumati Nallah
10 Commissioned
2 Brenwar SHP, District Budgam
Doodhganga Nallah
7.5 Commissioned
3 Tangmarg SHP, Distt Baramulla
Ferozpora Nallah
10 Work in Progress
4 Aharbal SHP District Pulwama
Vishow Nallah
22.5 Clearances yet to be
obtained by the IPP.
5 Hirpora SHP District Pulwama
Rambhir Nallah
12.00 IPP engaged in
obtaining clearances
and land acquisition.
6. Kahmil SHP District Kupwara
Kahmil Nallah
4 IPP engaged in
obtaining clearances
and land acquisition.
7. Boniyar SHP District Baramulla
Hapathkhai Nallah
12 IPP engaged in
obtaining clearances
and land acquisition.
8. Mandi SHP District Poonch
Mandi Nallah
12.5 IPP engaged in
obtaining clearances
and land acquisition.
9. Ranjala Dunadi SHP District Doda
Lower Kalnai Nallah
15 Work in progress.
10. Drung SHP District Kathua
Ujh Nallah
5 IPP engaged in
obtaining clearances
and land acquisition.
Total (10 Projects) 110.50
MWs