Studying Time: 4 minutes
In a current improvement within the energy procurement sector, M/s Scoobee Day Clothes India Restricted, hereinafter known as the petitioner, has submitted a petition to the Fee. They intention to safe approval for a revised capability of 4 MW/4.2 MW for his or her wind energy venture situated in Palakkad, Kerala. This petition emerges in opposition to the backdrop of a major tender issued by the Kerala State Electrical energy Board Restricted (KSEBL) on December 8, 2021.
This tender was designed to facilitate the procurement of 100 MW of grid-connected wind energy initiatives in Kerala by means of a tariff-based aggressive bidding course of, following the Construct, Personal, and Function (BOO) mannequin with a 25-year tenure. The rules for this tender adhered to these printed by the Ministry of Energy, Authorities of India.
Nevertheless, because of distinctive challenges in Kerala, reminiscent of a scarcity of accessible land and the intricate terrain, KSEBL needed to make sure diversifications. One key change included the discount of the minimal bid capability to five MW, and the minimal venture measurement at a single website was adjusted to 2 MW. Moreover, a ceiling tariff of ₹4.10 per unit was stipulated within the bid paperwork.
The bidding course of took an sudden flip when the L1 bidder supplied solely 10 MW, considerably lower than the 100 MW bid quantum. In response to this improvement, KSEBL requested different bidders to decrease their quoted tariffs to match the L1 charges. However, two bidders, M/s Inkel Restricted and M/s Pioneer Wincon Vitality Techniques Non-public Restricted, have been unwilling to regulate their charges. In distinction, M/s Scoobee Day Clothes Restricted displayed flexibility by decreasing their tariff from ₹4.10 per kWh to ₹4.09 per kWh, aligning with the L2 price.
Subsequently, the Fee issued a Widespread Order on October 19, 2022, which endorsed deviations from the Ministry of Energy’s pointers and adopted the L1 tariff derived from the tender. It is very important notice that the Fee rejected KSEBL’s proposal to difficulty Letters of Intent (LoI) to bidders aside from L1 at tariffs greater than the L1 price. As a substitute, KSEBL was granted permission to have interaction in additional negotiations with bidders who had quoted tariffs exceeding the L1 price, with the choice to enter into agreements with them for energy procurement on the L1 price.
M/s Scoobee Day Clothes, in a proactive transfer, expressed their willingness to scale back their tariff to the L1 price of ₹3.96 per unit in a letter dated June 22, 2023. Nevertheless, additionally they diminished their supplied capability from 6.3 MW to 4.2 MW and sought KSEBL’s acceptance of the revised capability.
KSEBL responded by reminding the M/s Scoobee Day Clothes that the minimal bid capability, as per the tender accredited by the Kerala State Electrical energy Regulatory Fee (KSERC), was set at 5 MW. Consequently, KSEBL urged the petitioner to supply at the very least the minimal bid capability of 5 MW.
Consequently, M/s Scoobee Day Clothes filed a petition, with the Fee. Their request was two-fold: they sought a overview of the minimal bid capability and sought approval for the set up of a 4 MW/4.2 MW capability venture on the L1 price of ₹3.96 per unit.
A listening to on the petition was convened on October 4, 2023, with representatives from each events current. Through the listening to, M/s Scoobee Day Clothes reiterated their preliminary participation within the KSEBL bid for procuring 100 MW of wind energy by means of aggressive bidding. Their preliminary bid supplied 6.30 MW of wind energy at ₹4.10 per unit, sourced from their land in Palakkad.
The respondent, KSEBL, underscored the shortage of accessible land and the difficult terrain in Kerala, which necessitated the discount of the minimal bid capability and venture measurement. KSEBL additionally highlighted that M/s Scoobee Day Clothes’ supplied quantum fell under the minimal bid capability, ensuing of their exclusion from the aggressive bidding course of for the 100 MW wind energy procurement.
The Fee emphasised the necessity for readability relating to whether or not KSEBL would think about the acquisition of wind energy from M/s Scoobee Day Clothes on the L1 price of ₹3.96 per unit for his or her diminished capability of 4.2 MW.
The M/s Scoobee Day Clothes was directed to offer complete details about their land, together with its present utilization, unutilized land, and the influence of the EHT line traversing their property. They have been additionally required to submit the wind potential examine report for his or her venture website.
KSEBL was instructed to file a counter affidavit, and the M/s Scoobee Day Clothes was allowed to submit a rejoinder, if obligatory. Each events have been anticipated to stick to specified timelines, and the Fee deliberate to schedule the subsequent listening to individually.
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