Amendment to the Guidelines for Tariff Based Competitive Bidding Process for Procurement of Firm and Dispatchable Power from Grid Connected Renewable Energy Power Projects with Energy Storage Systems

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-15022025-260980 EXTRAORDINARY PART I-Section 1 PUBLISHED BY AUTHORITY No. 46] NEW DELHI, WEDNESDAY, FEBRUARY 12, 2025/MAGHA 23, 1946 MINISTRY OF POWER RESOLUTION New Delhi, the 12th February, 2025 Amendment to the Guidelines for Tariff Based Competitive Bidding Process for Procurement of Firm and Dispatchable Power from Grid Connected Renewable Energy Power Projects with Energy Storage Systems No. 48-19/2/2024-NRE.—The Guidelines for Tariff Based Competitive Bidding Process for Procurement of Firm and Dispatchable Power from Grid Connected Renewable Energy Power Projects with Energy Storage Systems have been notified vide Resolution No. 23/03/2023-R&R published in the Gazette of India (Extraordinary) (Part1 Section 1) on 9th June 2023. Subsequently, the said Guidelines were further amended vide resolution No. 48- 19/2/2023-NRE dated 17th November, 2023 and resolution No. 48-19/2/2024-NRE dated 2nd February, 2024 respectively. 2. The Central Government hereby notifies the following amendment in the said guidelines dated 9th June 2023 amended on 17th November, 2023 and 2nd February, 2024:- i. Clause 3.1.1(b) of the existing Guidelines has been modified as under: "(b). Seek approval of the Appropriate Commission for deviations, if any, in the draft RfS, draft PPA, draft PSA (ifapplicable) from these Guidelines and/ or SBDs, in accordance with the process described in Clause 17 of these Guidelines. Provided that if, for a bid, the deviations are already approved by the Government prior to notification of these amendments, fresh approval by the Appropriate Commission shall not be required for that bid.” However, for purpose of clarity, if the Procurer while preparing the draft RfS, draft PPA, draft PSA and other Project agreements provides detailed provisions that are consistent with the Guidelines, such detailing will not be considered as deviations from these Guidelines even though such details are not provided in the Guidelines." ii. A new Clause 3.3 has been added after Clause 3.2 of the existing guidelines: "3.3 In case of location specific bids, the procurer may specify the sub-station(s)in Inter-State Transmission System (ISTS)/Intra-State Transmission System(InSTS), where the developers will connect the RE Power Project." iii. Section 7.6 (b) of the Guidelines has been modified as under: "In the event the Generator fails to maintain energy supply corresponding to the minimum CUF as declared in the PPA for 2 (two) consecutive years excluding the first Contract year ending on 31st March immediately after Project CoD, the Generator shall be in default. The Generator's yearly minimum CUF obligation shall get reduced to the average of actual CUF for the 2 default years and the Generator shall be obligated to pay to the Procurer lump-sum damages equivalent to 24 (twenty-four) months or balance PPA period whichever is less, of the tariff, for the reduction in yearly minimum CUF obligation. Provided that in case the Generator fails to pay the lump sum damages then, such failure of the Generator may be treated as an event of default and the PPA may be terminated. In the event of termination of PPA, the Generator shall be liable to pay to the Procurer, damages, equivalent to 24 (twenty-four) months, or balance PPA period whichever is less, of tariff for its contracted capacity with the stipulated minimum CUF." iv. Clause 7.7 of the existing guidelines has been modified as under: "CHANGE IN LAW/REGULATION: The provisions for Change in law shall be in accordance with the Electricity (Timely Recovery of Costs due to Change in Law) Rules, 2021 and amendments thereof issued from time to time. Further, the term Change in Law (“CIL”) shall refer to the occurrence of any event related to the project from seven (7) days prior to the last date of Bid Submission" ν. Clause 9.2.1 of the existing guidelines has been modified as under: "9.2.1. Technical Criteria: i. The Government would like to encourage competition by way increased participation. However, in order to ensure proper implementation of the Projects, the Procurer may choose to specify Technical Criteria. Such criteria should be set after an assessment of the number of project developers that are expected to meet the criteria so that an adequate level of competition is achieved. ii. The developer shall install and maintain GPS enabled Automatic Weather Station (AWS) as per the technical specifications and standards specified by relevant Central Government agency. Availability of the data from such AWS shall be ensured as specified by the appropriate Load Dispatch Centre and other Central Government agencies in accordance with the provisions of Indian Electricity Grid Code and instructions from the appropriate Load Dispatch Centre from time to time. iii. The technical criteria shall include provisions to ensure that the developer complies with applicable cyber security regulations, directives, and guidelines issued by the Central Government Authorities dealing with cyber security." vi. New clause 10.3 has been inserted after clause 10.2 and associated note has been amended as under: "10.3 In normal circumstances, the signing of the PPA and PSA (if applicable) should be completed within 30 (thirty) days from the issuance of the LoA. This period may be extended up to 12 months from the LoA date, beyond which the LoA will be cancelled. Note: It is clarified that if the Procurer gives extended time, subject to adherence to 10.3, for any of the events in the bidding process, on account of delay in achieving the activities required to be completed before the event, or any other reason, such extension of time shall not in any way be construed as deviation from these Guidelines." vii. Clause 11.4 of the Guidelines has been modified as under: “Subject to provisions of the Act, the distribution licensee or the Intermediary Procurer, as the case may be, shall approach the Appropriate Commission for adoption of tariffs discovered, in terms of Section 63 of the Act, within 30(Thirty) days ofthe discovery of the tariffs through e-reverse auction or otherwise, afterthe transparent competitive bidding process conducted in accordance with these Guidelines." viii. New instrument for establishment of Earnest Money deposit has been added after clause 12.1(a): “12.1(al) Insurance Surety Bonds which would be paid unconditionally similar to a Bank Guarantee OR Any other instrument approved in General Financial Rules as amended from time to time by Central Government OR" ix. New instrument for establishment of Performance Bank Guarantee has been added after clause 12.2(a): "12.2(al) Insurance Surety Bonds which would be paid unconditionally similar to a Bank Guarantee OR Any other instrument approved in General financial Rules as amended from time to time by Central Government" OR" Χ. Clause12.3 of the Guidelines has been modified as under: "In addition to the other remedies, this PBG (or alternatives provided thereto as per these Guidelines) can be encashed to recover any damages/dues of the generator in terms of the PPA. It is hereby clarified that the damages/dues recovered by the Intermediary Procurer by encashing the PBG, upon the default of the generator under the PPA, shall be credited to the Payment Security Fund to be maintained by the Intermediary Procurer under Clause 7.3 of these Guidelines. PBG (or alternatives provided thereto as per these Guidelines) shall be returned to the generator within 45 days of the actual commencement of supply date of the project. In case of part commencement of supply of power, PBG corresponding to such part capacity, should be released within 45 days of the actual commencement of supply date." HEMANT KUMAR PANDEY, Chief Engineer(R&R) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA Date: 2025.02.15 10:28:46+05'30'