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Distribution List (WRLDC Letter No. WRLDC/MO/RPS/PG-EPMPL/2018)

1. Executive Director, POWER GRID WRTS-1

2. Executive Director, POWER GRID WRTS-2

3. Chief Operating Officer, CTU-Planning, POWERGRID, Gurgaon

4. Member Secretary, WRPC, Mumbai

5. Chief Engineer, SLDC, Madhya Pradesh, MPPTCL Jabalpur

6. Heads of ERLDC/NERLDC/SRLDC/NRLDC

7. GM(I/C), NLDC, POSOCO, New-Delhi

8. CMD, POSOCO, B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi-110016

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Implementation Plan for Regulation of Power Supply (RPS)

To: M/s. Essar Power MP Ltd.

By: Power Grid Corporation of India Ltd.

Message No.: WRLDC/MO/RPS/PG-EPMPL/2018 Date: 26.06.2018

Table 1: Summary of Implementation Plan

1. Regulating Entity: Power Grid Corporation of India Ltd. (Transmission Licensee)

2. Regulated Entity: M/s. ESSAR POWER MP LTD.(EPMPL), Madhya Pradesh

3. Regulation Notice: CC/Comml./ROP/Essar-MP/2018 dated 19.06.2018

4. Date & Time for Commencement of Regulation & STOA denial u.s. 25A

From 00:00 hours of 29.06.2018

5. Effected entities due to Regulation and STOA denial u/s. 25A

M/s. ESSAR POWER MP LTD. (EPMPL) and all entities availing or seeking to avail power from the generating station of EPMPL located in Madhya Pradesh

6. Quantum of Power Regulated

Any Quantum of power applied to be supplied by EPMPL, Madhya Pradesh under Short Term Open Access (STOA)

7. Source of Power Generating Station of ESSAR POWER MP LTD. (EPMPL) located in Madhya Pradesh

8. Period of Regulation Till Liquidation of dues outstanding for more than 60 days with ref. to the Regulation Notice issued by POWERGRID

9. Relevant Regulation(s)/ Order (s) of the Hon’ble CERC

1. Regulation 10 of CERC (Regulation of Power Supply) Regulations 2010 dated 28.09.2010 read with Corrigendum No. L-1/42/2010-CERC issued on 05.09.11

2. Hon’ble CERC Order dated 02.09.2015 in Petition No 142/MP/2012 on invocation of Regulation 25A of Open Access Regulation for wilful & consistent default in payment of transmission charges

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Scheme of Regulation:

1. Back ground : a. Power Grid Corporation of India Ltd (POWERGRID), vide its notice (email) dated 19.06.2018

proposed Power Supply Regulation from M/s. ESSAR POWER MP LTD. (EPMPL) a Regional Entity generator in Western Region located in Madhya Pradesh. Accordingly, this Regulation of Power Supply shall be effective from 00:00 hrs. of 29.06.2018.

b. This implementation plan has been prepared in line with the CERC order dated 02.09.2015 in petition no 142/MP/2015 which allows for concurrent imposition of Regulation of Power supply and Regulation 25A of Open Access Regulations in case of default in payment of transmission charges. Further, it has been clarified by the Hon’ble Commission (at Para-55 of the above order) that : “….where a transmission licensee resorts to regulation of power supply, denial of open access under Regulation 25A of Open Access Regulations shall be triggered from the date of commencement of regulation of power supply under RPS Regulations”

c. Accordingly Regulation 25A of the CERC (Open Access in inter-state transmission) Regulations-2008 (and subsequent amendments) will be invoked to deny short term open access (STOA) to the regulated entity i.e. M/s EPMPL, Madhya Pradesh with effect from 00:00 hours of 29.06.2018.

d. POWERGRID has submitted through an affidavit to indemnify, defend and save the SLDC, RLDCs harmless from any and all damages, losses, claims and actions, demands, suits, recoveries, cost and expenses, court costs, attorney fees, and all other obligations arising out of or resulting from the regulation of power in terms of the regulations to its procurers listed at 1(a) above. This indemnification is in line with section 5 of the CERC (Regulation of Power Supply) Regulations and paragraph 13.9 of the Statement of Reasons for these regulations.

2. Regulation: This regulation will be effected from 00:00 hrs. of the 29.06.2018. The regulation shall continue as stated at Table-1 above under the field “Period of Regulation” or up to an earlier date if default is rectified which would be communicated by the regulating entity to WRLDC in line with the CERC Regulations/order. The regulation will be implemented by reducing the power scheduled from EPMPL, Madhya Pradesh and drawal schedule of the corresponding buyer/STOA beneficiary as per Table-1. All entities presently availing and/or seeking to avail power from EPMPL, Madhya Pradesh under short term open access (STOA) shall have to take note of this Implementation Plan & act accordingly.

Procedure: i) As per the existing procedure WRLDC, has been facilitating the scheduling of power from

EPMPL Madhya Pradesh under Short Term Open Access(STOA).

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ii) In view of the Regulation of Power & Imposition of Regulation-25A of Open Access Regulations, the power scheduled from EPMPL Madhya Pradesh will be ZERO with effect from 00:00 hours of 29.06.2018

iii) Accordingly, no STOA Application with EPMPL as an injecting entity will be processed & approved by WRLDC.

iv) The corridor released due to Regulation of Power Supply shall be considered for STOA approvals on day ahead /contingency basis for entities other than EPMPL Madhya Pradesh as per the extant regulations of Hon’ble CERC.

3. Grid Security Aspect: WRLDC and all other RLDCs would closely monitor the system parameters during the period of power supply regulation / denial of STOA to EPMPL Madhya Pradesh and would take prompt action to maintain the grid parameters within safe limit. In case of overdrawal by the defaulting entities, prompt action would be taken to curtail the overdrawal for safe operation of the grid. All the entities including regulating and regulated would take prompt action in respect of grid security and on receipt of any instruction from RLDCs/SLDCs. WRLDC may defer this implementation plan for regulation of power supply in case of any grid security related issue in line with Regulation 11(2) of the CERC (Regulation of Power Supply), Regulation, 2010.

4. Power Supply to essential services: All RLDCs and SLDCs will ensure that power supply to sensitive/important installations like defense, mines, medical, water-supply, aviation, railways, installations of national importance etc. are not affected on account of this regulation and denial of STOA. Further RLDCs/SLDCs shall ensure that there is no impact, if any, on international agreements and other sovereign obligations due to this regulation and denial of STOA.

5. Deferment / Withdrawal of regulation: Regulating Entity proposing to withdraw / postpone the regulation, shall inform at least two days prior to the proposed day of withdrawal or postponement of such regulation as per the regulation 9 of CERC regulations.

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