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Tariff-based Competitive Bidding in the
Power Sector




Is it working or not?
Contents

• Overview of Competitive Bidding in India


• Concerns in Bidding Framework in Recent Times


• Aspects to be Reviewed




2   Deloitte
Overview of Competitive
Bidding



3
Electricity Act 2003 de-licensed the generation sector

Private Power Policy of 1991              Electricity Act 2003
• Under this policy CEA became pivotal • CEA approval for TEC for generation
  with its project appraisal role          projects was done away with but for
                                           large hydro projects
• CEA’s function was to evaluate PPA’s
  entered into by SEB’s, approve tariffs • Under EA 2003, as per Sec 82, setting
  and issue techno economic                up of state regulatory commissions is
  clearances (TEC)                         made mandatory and under Sec 86
                                           (b), Commissions are given authority
• CEA approval was a huge bottle neck
                                           to regulate power purchases
  for most of the projects
                                         • Section 63 of EA has revolutionized
                                           power purchase procedures and
                                           erstwhile MoU route with state
                                           utilities is no longer valid as a means
                                           of procurement


4
Guided by Section 63 of Electricity Act 2003, National Tariff Policy
mandates the utilities to procure power through competitive bidding route
Before 06 Jan 2006                                  After 06 Jan 2006
• Approval of PPA governed through                  • National Tariff Policy mandates that the
  individual State Regulatory Acts, which             power procurement for future
  was on a cost plus basis and offered a              requirements should be through a
  regulated return of only 14%                        transparent competitive bidding
                                                      mechanism
• There was lack of clarity on the basis for
  approval of PPA and the scope for                 • Process to be followed as per the
  negotiations on almost every cost item              guidelines issued by the Central
  resulted in long drawn processes                    Government
Clause 5.1 of tariff policy “Even for the Public    • Competitive bidding mechanism allows
Sector projects, tariff of all new generation and     for the bidder to bid on a competitive
transmission projects should be decided on the        return basis and the process is
basis of competitive bidding after a period of        transparent and time bound
five years or when the Regulatory Commission is
satisfied that the situation is ripe to introduce   • From 6th January 2011, all new public
such competition.”                                    sector projects also required to supply
                                                      through competitive bidding

5
Developers now have option to invest in mega power projects, facilitated
by Government, through a tariff based competitive bidding process
Power procurement under Case 2                                     Winning Bids for Ultra Mega Power Projects
• Central Government/State Government                      Project              Fuel
                                                                                           Tariff
                                                                                                       Winner
  facilitates these projects and the                                                       (Rs./kWh)
  procurers are the state utilities                        Sasan                Captive    1.19        Reliance
                                                           Tilaiya              Captive    1.77        Reliance
• location, technology and fuel is
                                                           Mundra               Imported   2.26        Tata
  specified by the procurer
                                                           Krishnapatnam        Imported   2.33        Reliance
• tariff (capacity and energy charges) for
  25 years to be quoted in the bid                           Winning Bids for state sponsored Case 2 projects
                                                                                           Tariff
     ‒ selection is based on lowest                        Project         State
                                                                                           (Rs./kWh)
                                                                                                       Winner
       levelized tariff                                    Jhajjar         Haryana         2.996       CLP
                                                           Talwandi
                                                                           Punjab          2.864       Sterlite
                                                           sabo
•   Bidders have bid higher for levelized fixed cost for
    linkage projects (state specific risks/ transaction                                    0.81 (35%
                                                           Bhaiyathan      Chhattisgarh                Indiabulls
    costs being factored into higher FC)                                                   merchant)
•   Reliance, Lanco, Tata Power, Sterlite, CLP etc.        Karchana        UP              2.97        JaiPrakash
    have all quoted FC in a narrow range on all other
    Projects – Key differentiator is Fuel Strategy!!!      Bara            UP              3.02        JaiPrakash

6
Independent Power Plants can tie up their capacities under long term
PPAs through a transparent tariff based competitive bidding process
Power procurement under Case 1                               Players participating in Case 1 bids
• State utilities are now mandated to             Developer                                                                                        Capacity bid*
                                                  Adani Power                                                                                              8500
  procure power through competitive               CLP                                                                                                      1150
  bidding process                                 Essar                                                                                                    4050
                                                  Indiabulls                                                                                               1200
    ‒ quantum is to be approved by the            JSW Energy                                                                                               1500
      Commission and bid process must be          Lanco                                                                                                    1500
      as per standard guidelines                  PTC + Players                                                                                            2200
                                                  Reliance Power                                                                                           5400
    ‒ tariff discovered to be adopted by          Tata                                                                                                       800
      regulator, subject to overall            4.50                            * Same plant may have been offered in different bids
                                               4.00
      reasonableness                           3.50
                                               3.00
• power can be sourced from any                2.50
                                               2.00
  developer                                    1.50
                                               1.00
    ‒ location, technology or fuel is          0.50
                                                 -




                                                                                                                                                              UP
                                                                                                                                       Karnataka




                                                                                                                                                                   AP
                                                                                                                                                    R-infra
                                                                                                                           Rajasthan
                                                       Gujarat




                                                                                                                 Gujarat
                                                                 Maharashtra




                                                                                           Maharashtra
                                                                                 Haryana




                                                                                                         Bihar
      specified by the procurer
• IPPs have an option to tie-up only part of
  their capacity                                      2007 2008 2008 2009 2010 2010 2010 2010 2011 2011 2011
7
More Peaking Case 1 bids are expected in future

• Traditional Case 1 bids were long term     State           Type      Capacity
  bids for base load for 25 years            Maharashtra     LT Base   4000
                                             Gujarat         LT Base   6000
• Gujarat and Haryana have called for fuel   Haryana         LT Base   2000
  based bids or restricting bids on non-     Bihar           LT Base   1500
  escalable basis
                                             Rajasthan       LT Base   1000
                                             Karnataka       LT Base   2000
• There have been many short term bids
  and some medium term bids.                 Torrent Power   MT Base   150
                                             R-infra         LT Base   1500

• Recently, some utilities have called for   R-infra         MT Base   450
  peaking medium term bids, but have not     R-infra         MT Peak   450
  got any participation.                     UP              LT Base   5000
                                             AP              LT Base   2500
• There is a gradual shift to tie up for     AP              MT Base   700
  peaking loads as base loads are expected   Tata Power      MT Base   200
  to be met by UMPP and state and central
                                             Tata Power      MT Peak   150
  additions.
8
Solar Generation - CERC Tariff Vs Bid Tariff


                                  CERC Tariff      Avg. Bid Tariff
                 20
                      17.91
                                            15.39                    15.39
                 16

                              12.16
                                                                             11.48
  Rs. Per Unit




                 12
                                                     8.77
                  8
                        32 %                       43%                 25 %
                      reduction                 reduction            reduction
                  4


                  0
                      SPV Batch-I           SPV Batch-II                 ST
Concerns with Bidding Process
Case 2 Bidding

Domestic Coal Based Projects – Captive Mine-based
• Coal reserve estimations were inadequate in all cases bid out
• As a result, infeasible / substantially larger coal mines allocated than
  required for Power Project, leading to allegations of misuse and profiteering

Linkage Based Projects
• Coal supply has varied significantly from assumptions at the stage of bidding
• Often ACQ is only at 50-60% of capacity, balance having to be procured from
  other sources

Imported Coal Based Projects
• Major regulatory changes in countries of import not recognised



 11
Case 1 Bidding

Linkage based Projects
• Earlier formulation did not permit blending – not aligned to current realities!
• Current formulation permits blending only as a fixed proportion
  ‒ this is a risk inappropriate for Sellers to bear
• Wide post-bid variations in fuel supply conditions for a Power Project makes
  a firm energy price bid impractical in current times




  In all cases, including UMPPs, the Central Government distances itself after
  projects are bid out.

  • Are State Utilities capable of effective post-award monitoring?
  • Weak monitoring will lead to private sector resorting to “managing” the
    environment post project awards.
 12
Reverse Bidding in Solar


• Are underlying factors driving price reductions (from Batch 1 to Batch 2)
  sustainable?
     ‒ Global oversupply in PV modules (particularly in thin-films), was a
      major contributor
     ‒ Solar Projects still unable to get non-recourse finance


• Is competitive bidding the right strategy for emerging technologies?
     ‒ Is it a wise strategy for solar thermal ?
     ‒ What happened to the demonstration projects under JNNSM?
     ‒ Does excessive focus on tariffs hold the danger of early failures, which
      could result in stakeholders confidence being set back by a few years ?



13
Aspects to be Reviewed
Way forward

1. Nothing wrong with basic framework of Competitive Bidding u/s 63.
     ‒ Only modifications required to make implications of fuel side
      contractual defaults by a Govt. Supplier (viz, CIL) to be passed-thru
2. Competitive Bidding in the Power Sector should not be confused with
   Licensing.
     ‒ The role of the Public Sector is crucial in both Case-2 and Case-1
      projects.
     ‒ Inadequately prepared projects will invariably create information
      asymmetries & competitive distortion.
3. Technologies which are not fully commercial require public sector to
   take a lead in on-field demonstration
     ‒ Uncertainties are too many to create true competition
     ‒ Need for high Technical Qual Req while selecting the Private Partner
     ‒ Focus on successful on-field demonstration first before expecting
      competitive tariffs.

15
Thank You




16

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Tariff-based Competitive Bidding in the Power Sector

  • 1. Tariff-based Competitive Bidding in the Power Sector Is it working or not?
  • 2. Contents • Overview of Competitive Bidding in India • Concerns in Bidding Framework in Recent Times • Aspects to be Reviewed 2 Deloitte
  • 4. Electricity Act 2003 de-licensed the generation sector Private Power Policy of 1991 Electricity Act 2003 • Under this policy CEA became pivotal • CEA approval for TEC for generation with its project appraisal role projects was done away with but for large hydro projects • CEA’s function was to evaluate PPA’s entered into by SEB’s, approve tariffs • Under EA 2003, as per Sec 82, setting and issue techno economic up of state regulatory commissions is clearances (TEC) made mandatory and under Sec 86 (b), Commissions are given authority • CEA approval was a huge bottle neck to regulate power purchases for most of the projects • Section 63 of EA has revolutionized power purchase procedures and erstwhile MoU route with state utilities is no longer valid as a means of procurement 4
  • 5. Guided by Section 63 of Electricity Act 2003, National Tariff Policy mandates the utilities to procure power through competitive bidding route Before 06 Jan 2006 After 06 Jan 2006 • Approval of PPA governed through • National Tariff Policy mandates that the individual State Regulatory Acts, which power procurement for future was on a cost plus basis and offered a requirements should be through a regulated return of only 14% transparent competitive bidding mechanism • There was lack of clarity on the basis for approval of PPA and the scope for • Process to be followed as per the negotiations on almost every cost item guidelines issued by the Central resulted in long drawn processes Government Clause 5.1 of tariff policy “Even for the Public • Competitive bidding mechanism allows Sector projects, tariff of all new generation and for the bidder to bid on a competitive transmission projects should be decided on the return basis and the process is basis of competitive bidding after a period of transparent and time bound five years or when the Regulatory Commission is satisfied that the situation is ripe to introduce • From 6th January 2011, all new public such competition.” sector projects also required to supply through competitive bidding 5
  • 6. Developers now have option to invest in mega power projects, facilitated by Government, through a tariff based competitive bidding process Power procurement under Case 2 Winning Bids for Ultra Mega Power Projects • Central Government/State Government Project Fuel Tariff Winner facilitates these projects and the (Rs./kWh) procurers are the state utilities Sasan Captive 1.19 Reliance Tilaiya Captive 1.77 Reliance • location, technology and fuel is Mundra Imported 2.26 Tata specified by the procurer Krishnapatnam Imported 2.33 Reliance • tariff (capacity and energy charges) for 25 years to be quoted in the bid Winning Bids for state sponsored Case 2 projects Tariff ‒ selection is based on lowest Project State (Rs./kWh) Winner levelized tariff Jhajjar Haryana 2.996 CLP Talwandi Punjab 2.864 Sterlite sabo • Bidders have bid higher for levelized fixed cost for linkage projects (state specific risks/ transaction 0.81 (35% Bhaiyathan Chhattisgarh Indiabulls costs being factored into higher FC) merchant) • Reliance, Lanco, Tata Power, Sterlite, CLP etc. Karchana UP 2.97 JaiPrakash have all quoted FC in a narrow range on all other Projects – Key differentiator is Fuel Strategy!!! Bara UP 3.02 JaiPrakash 6
  • 7. Independent Power Plants can tie up their capacities under long term PPAs through a transparent tariff based competitive bidding process Power procurement under Case 1 Players participating in Case 1 bids • State utilities are now mandated to Developer Capacity bid* Adani Power 8500 procure power through competitive CLP 1150 bidding process Essar 4050 Indiabulls 1200 ‒ quantum is to be approved by the JSW Energy 1500 Commission and bid process must be Lanco 1500 as per standard guidelines PTC + Players 2200 Reliance Power 5400 ‒ tariff discovered to be adopted by Tata 800 regulator, subject to overall 4.50 * Same plant may have been offered in different bids 4.00 reasonableness 3.50 3.00 • power can be sourced from any 2.50 2.00 developer 1.50 1.00 ‒ location, technology or fuel is 0.50 - UP Karnataka AP R-infra Rajasthan Gujarat Gujarat Maharashtra Maharashtra Haryana Bihar specified by the procurer • IPPs have an option to tie-up only part of their capacity 2007 2008 2008 2009 2010 2010 2010 2010 2011 2011 2011 7
  • 8. More Peaking Case 1 bids are expected in future • Traditional Case 1 bids were long term State Type Capacity bids for base load for 25 years Maharashtra LT Base 4000 Gujarat LT Base 6000 • Gujarat and Haryana have called for fuel Haryana LT Base 2000 based bids or restricting bids on non- Bihar LT Base 1500 escalable basis Rajasthan LT Base 1000 Karnataka LT Base 2000 • There have been many short term bids and some medium term bids. Torrent Power MT Base 150 R-infra LT Base 1500 • Recently, some utilities have called for R-infra MT Base 450 peaking medium term bids, but have not R-infra MT Peak 450 got any participation. UP LT Base 5000 AP LT Base 2500 • There is a gradual shift to tie up for AP MT Base 700 peaking loads as base loads are expected Tata Power MT Base 200 to be met by UMPP and state and central Tata Power MT Peak 150 additions. 8
  • 9. Solar Generation - CERC Tariff Vs Bid Tariff CERC Tariff Avg. Bid Tariff 20 17.91 15.39 15.39 16 12.16 11.48 Rs. Per Unit 12 8.77 8 32 % 43% 25 % reduction reduction reduction 4 0 SPV Batch-I SPV Batch-II ST
  • 11. Case 2 Bidding Domestic Coal Based Projects – Captive Mine-based • Coal reserve estimations were inadequate in all cases bid out • As a result, infeasible / substantially larger coal mines allocated than required for Power Project, leading to allegations of misuse and profiteering Linkage Based Projects • Coal supply has varied significantly from assumptions at the stage of bidding • Often ACQ is only at 50-60% of capacity, balance having to be procured from other sources Imported Coal Based Projects • Major regulatory changes in countries of import not recognised 11
  • 12. Case 1 Bidding Linkage based Projects • Earlier formulation did not permit blending – not aligned to current realities! • Current formulation permits blending only as a fixed proportion ‒ this is a risk inappropriate for Sellers to bear • Wide post-bid variations in fuel supply conditions for a Power Project makes a firm energy price bid impractical in current times In all cases, including UMPPs, the Central Government distances itself after projects are bid out. • Are State Utilities capable of effective post-award monitoring? • Weak monitoring will lead to private sector resorting to “managing” the environment post project awards. 12
  • 13. Reverse Bidding in Solar • Are underlying factors driving price reductions (from Batch 1 to Batch 2) sustainable? ‒ Global oversupply in PV modules (particularly in thin-films), was a major contributor ‒ Solar Projects still unable to get non-recourse finance • Is competitive bidding the right strategy for emerging technologies? ‒ Is it a wise strategy for solar thermal ? ‒ What happened to the demonstration projects under JNNSM? ‒ Does excessive focus on tariffs hold the danger of early failures, which could result in stakeholders confidence being set back by a few years ? 13
  • 14. Aspects to be Reviewed
  • 15. Way forward 1. Nothing wrong with basic framework of Competitive Bidding u/s 63. ‒ Only modifications required to make implications of fuel side contractual defaults by a Govt. Supplier (viz, CIL) to be passed-thru 2. Competitive Bidding in the Power Sector should not be confused with Licensing. ‒ The role of the Public Sector is crucial in both Case-2 and Case-1 projects. ‒ Inadequately prepared projects will invariably create information asymmetries & competitive distortion. 3. Technologies which are not fully commercial require public sector to take a lead in on-field demonstration ‒ Uncertainties are too many to create true competition ‒ Need for high Technical Qual Req while selecting the Private Partner ‒ Focus on successful on-field demonstration first before expecting competitive tariffs. 15