(1) Where the renewable energy generator and the licensee have mutually agreed, in the Power Purchase Agreement, for the determination of project specific levellised tariff, the renewable energy generator may file, on any date falling between ninety (90) days to one hundred and eighty (180) days before the expected date of commencement of operation of the project, the petition for determination of the project specific levellised tariff in accordance with the Conduct of Business Regulations which shall, apart from such fee as specified by the Commission, be accompanied by-
(a) a copy of the mutual agreement between the parties for project specific determination of tariff and the conditions, if any;
(b) the detailed breakup of capital expenditure incurred and to be incurred for completing the works covered in the original scope of works or for discharging the outstanding liabilities in respect of the completed works and tariff calculations etc. as per the formats as may be laid down by the Commission from time to time;
(c) the detailed project report outlining technical, operational data, capacity utilisation factor, site specific aspects, premise for capital cost and financing plan and in case of SHPs hydrological data for 75% dependable year;
(d) a statement of all applicable terms and conditions and annual expenses as per these Regulations;
(e) a statement containing full details of calculation of any subsidy, incentives and grant or budgetary support received, due or assumed to be due, from the Central Government and/or State Government. This statement shall also include the proposed tariff calculated with and without the benefit of accelerated depreciation in accordance with regulation 21 ; and
(f) electronic formats and soft copy of other details submitted;
(g) requirements of additional data relevant to the agreement in pursuance of which the project specific determination is sought;
(h) any other information as the Commission may require the petitioner(s) to submit.
(2) The Commission may, during the pendency of the petition filed under subregulation (1), allow, on such terms and conditions as it may consider necessary, a provisional tariff not exceeding the generic levellised tariff applicable to the relevant category.
19. Review of tariff- (1) Save as provided in sub-regulations (2) and (3), the generic levellised tariff or project specific levellised tariff, as the case may be, determined in 22 Compendium of HPERC Regulations, March 2021 accordance with the provisions of these Regulations shall be firm and shall not to subject to any review.
(2) Impact of any change(s) in the rate of free power under the general policy for allotment of sites, but only to the extent permitted under regulation 35 and further within the limit of 13% as per the National Tariff Policy and/or National Hydro Policy, shall be payable/adjustable as per the provisions of regulations 35.
(3) If, after the determination of the generic levellised tariff for the control period or the project specific levellised tariff for a project,-
(i) a water cess or tax on generation is levied which impacts all or any of the projects; and/or
(ii) the limit of 13% for the pass through of free power in the tariff, as per the National Hydro Policy/ Tariff Policy is revised; and/or
(iii) the mechanism or quantum of the capital subsidy or budgetary grant mentioned in regulation 21 is changed as a matter of policy; and/or
(iv) the State Government revises its instructions with regard to the minimum flow of water downstream of diversion structure of the SHPs and implements the same;
the Commission may, suo motu or on an application made to it, by generic or specific order, review the tariff for the residual tariff period or such other part as it may deem fit, for the projects or group of projects actually impacted, to account for the impact of such changes:
Provided that while revising the tariff, the Commission may incorporate such terms and conditions, including the period for which such revised tariff shall be applicable, as it may deem fit.
CHAPTER-IV FINANCIAL PRINCIPLES