(1) The renewable energy projects, other than SHPs, may include the following:-
(i) Wind power project;
Compendium of HPERC Regulations, March 2021 19
(ii) Biomass power project based on Rankine cycle technology;
(iii) Non-fossil fuel based co-generation project;
(iv) Biomass gasifier based power project;
1 [(v) The Municipal Solid Waste (MSW) based power projects and Refuse Derived Fuel (RDF) based power projects;]
(vi) Solar PV and solar thermal power projects,
(vii) Hybrid projects other than Hybrid solar thermal power plants including renewable–renewable or renewable– conventional sources, for which renewable technology is approved by the MNRE;
(viii) Biomass project other than that based on Rankine cycle technology application with water cooled condenser;
(ix) any other renewable energy technology which may be approved by the NRE.
(2) Where the technological specific parameters and other terms and conditions, including the tariff period and useful life of the project have not been specified, the Commission may, by an order, at any time and at such intervals as it considers appropriate to do so, fix the same.
Provided that in case of renewable technologies other than SHPs such parameters and terms conditions may also include other suitable provisions as the Commission may feel necessary to address the situations covered under regulations 15 and 16.
[ 2
Provided further that the Commission may, by order, categories the renewable energy projects, other than SHPs, under the respective renewable energy technologies specified in sub –regulation (1), based on the capacity of projects, the available subsidy schemes and such other factors as may be considered appropriate by it] 3 [Provided further that the Commission may, in order to promote such technologies for smaller capacities, follow, mutatis mutandis, upto the limits as it may consider necessary separately for each such technology but not exceeding 5 MW for any such technology, the technological specific parameters, including capital cost, and other terms and conditions, as notified, or may be notified, by the Central Commission under its Renewable Energy Tariff 1 Sub. vide Not. No. HPERC/428 dated 11 th April, 2016, published in the R.H.P. dated 13 th April, 2016 at p. 235-237. Before substitution clause read as under:
“Municipal Solid waste projects;” 2 Sub. vide Not. No. HPERC-428- Vol-VIII dated 11.02.2015, published in R H.P. dated 19.02.2015 at p. 6291-
6293. Before substitution, 2nd proviso read as under;- “Provided further that the Commission shall follow the technology specific parameters, as notified, or as may be notified, from time to time by the Central Commission for the relevant technology as ceiling parameters and may make such deviations (leading to overall reduction in tariff) as may be considered appropriate by it:” 3 Sub. vide Not. No. HPERC-428- dated 31.03.2017, published in R H.P. dated 06.04.2017 at p.
83-85. Before substitution, 3 rd proviso read as under;- “Provided further that the Commission may, in order to promote such technologies for smaller capacities, follow, mutatis mutandis, upto the limits as it may consider necessary separately for each such technology but not exceeding 5 MW for any such technology, the technological specific parameters, including capital cost, and other terms and conditions, as notified, or may be notified, by the Central Commission under the Central Electricity Regulatory Commission (Terms and Conditions for Tariff Determination for Renewable Energy Sources) Regulations, 2012, in respect of the relevant financial years of the control period ending on 31st March, 2017, for the relevant renewable energy technology, as may be considered appropriate by it:” 20 Compendium of HPERC Regulations, March 2021 Regulations in respect of the relevant financial year(s), for the relevant renewable energy technology, as may be considered appropriate by it; and]
Provided further that the financial norms, except for capital cost, as specified under Chapter-IV of these Regulations shall also be considered as ceiling norms.
(3) The Commission may, after having fixed the norms/ parameters and other related terms and condition as per sub-regulation (2), determine, by order generic levellised tariff(s) for any or all categories of such renewable energy technology(ies).
1 [Provided that the Commission may, by order, fix, on annual basis, the ceiling rates and associated terms and conditions to be used by the licensee for reverse bidding for procurement of power from the projects based on such technologies.]
2[Provided that the Commission may, by suo-moto order, adopt, in respect of any period, the generic levellised tariff determined by the Central Commission for the corresponding period in relation to any or all categories of such renewable energy technologies other than SHPs.]
3 [(3A) Notwithstanding anything contained in sub-regulations (2) and (3) of this regulation, the Commission may, in case of Municipal Solid Waste (MSW) based power projects and Refuse Derived Fuel (RDF) based power projects, adopt the various norms/principles including Useful Life, tariff period, technology specific norms, financial norms/principles, applicability of tariff as well as generic levellised tariffs (with and without accelerated depreciation), adjustments on account of grant–in-aid, subsidy and CDM benefits, if any, and other associated terms and conditions as laid down by Central Commission, from time to time, for such projects.]
(4) The renewable energy generator and the distribution licensee intending to sell/purchase power from the projects based on the renewable energy sources (other than the SHPs) for the entire useful life of the project, may, at the time of filing joint petition for the approval of the power purchase agreement, mutually agree to be governed by the generic levellised tariff, if determined by the Commission for that technology, or for determination of project specific tariff by the Commission.
(5) In order to facilitate execution of the Power Purchase Agreements by the distribution licensee with the renewable energy generator, the Commission may, subject to mutual agreement between the parties, allow, or otherwise direct, the parties to incorporate in the Power Purchase Agreement-
(i) a provisional tariff based on the generic levellised tariff, if any, notified by the Central Commission for that technology(ies), for the relevant timeframe, or any other rate as may be considered appropriate by the Commission;
(ii) other related terms and conditions including the maximum permissible variations in the provisional tariff;
1 Proviso added vide Not. No. HPERC-428- Vol-VIII dated 11.02.2015, published in R H.P. dated
19.02.2015 at p. 6291-6293.
2 Proviso added vide Not. No. HPERC-428- dated 31.03.2017 published in R H.P. dated
06.04.2017 at p. 83-85.
3 Add. sub-regulation (3A) Vide Not. No. HPERC/428 dated 11 th April, 2016 published in the R.H.P. dated 13 th April, 2016 at p. 235-237.
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(iii) any deviations from financial norms as may be mutually agreed by the parties under regulations 31 and 41; and [
(iv) any other conditions as may be considered appropriate by the Commission.