Common use of Offtake constraints due to Backdown Clause in Contracts

Offtake constraints due to Backdown. The SPG and GRIDCO shall follow the forecasting and scheduling process as per the regulations in this regard by OERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding opening and maintaining of adequate Letter of Credit (LC) as payment security mechanism under the Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the SPG shall be eligible for a Minimum Generation Compensation, from GRIDOC, in the manner detailed below: Hours of Backdown during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) × (number of backdown hours during the month) × PPA Tariff] Where, Average Generation per hour during the month (kWh) = Total generation in the month (kWh) ÷ Total hours of generation in the month No back-down / curtailment to be ordered without giving formal/ written instruction for the same. The details of back-down / curtailment, including justifications for such curtailment, to be made public by the concerned Sate Load Dispatch Centre. The SPG shall not be eligible for any compensation in case the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions. The Generation Compensation shall be paid as part of the energy bill for the successive month as per JMR/EBC energy export statement.

Offtake constraints due to Backdown. The SPG Wind Power Generator and GRIDCO GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by OERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC)GERC. In case such eventuality the plant is available to supply power but the off take of Backdown arisespower is not done by the Procurer, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Electricity (Late Payment Surcharge and Related Matters) Rules, 2022 notified by the Ministry of Power regarding opening and maintaining of adequate Letter of Credit (LC) as payment security mechanism under the Power Purchase Agreements by Distribution Licenseesvide Gazette notification dated 3rd June 2022” and any clarifications or amendment thereto, considering the principle of „must run‟ status for RE Power as per the Clause 5.2(u) of India Elecricity Gird Code (IEGC). Accordingly, no Wind Power Plant, duly commissioned, should be directed to back down by a DISCOM / Load Dispatch Centre (LDC). In case such eventuality of Back down arises, except for the cases where the Backdown Back down is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the SPG Generator shall be eligible for payment from the Procurer, corresponding to the reduced off take, in terms of following manner Reduced off-take beyond 50 hours in a Minimum year, as defined in the PPA Generation Compensation, from GRIDOCCompensation = ((Tariff X RE power (MW) offered but not scheduled by Procurer)) X 1000 X No. of hours of Reduced Offtake However, in the manner detailed below: Hours case of Backdown during a monthly billing cycle. Minimum Generation Compensation = 100third-party sale or sale in the power exchange, as price taker, the 95% of [the amount realized, after deducting expenses, shall be adjusted against the Generation compensation payable, on monthly basis. The generation compensation as calculated above will be limited to the extent of shortfall in annual generation corresponding to the maximum CUF permitted as per clause no. 3.1 (Average Generation per hour during iv)(a) and the month) × (number of backdown hours during same will be settled on annual basis. For claiming compensation the month) × PPA Tariff] Where, Average Generation per hour during the month (kWh) = Total generation generator must sell their power in the month (kWh) ÷ Total hours power exchange as a price taker.Thus, the compensation would be limited to the difference of the actual generation in up to declared capacity subject to a maximum of up to the month No back-down / curtailment to be ordered without giving formal/ written instruction for contracted capacity and the same. The details quantum of back-down / curtailment, including justifications for such curtailment, to be made public power scheduled by the concerned Sate Load Dispatch Centre. The SPG shall not be eligible for any compensation in case the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions. The Generation Compensation shall be paid as part of the energy bill for the successive month as per JMR/EBC energy export statementprocurer.

Offtake constraints due to Backdown. The SPG Solar Power Developer and GRIDCO Buying Entity shall follow the forecasting and scheduling process as per the regulations in this regard by OERCthe Appropriate Commission. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such the eventuality of Backdown arisesbackdown, including backdown on account of non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding opening Opening and maintaining of adequate Letter of Credit (LC) as payment security mechanism Payment Security Mechanism under the Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, subject to the SPG submission of documentary evidences from the competent authority, the SPD shall be eligible for a Minimum Generation Compensationminimum generation compensation, from GRIDOCBuying Entity, in restricted to the manner detailed belowfollowing and there shall be no other claim, directly or indirectly against SECI: Hours of Backdown during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) × X (number of backdown hours during the month) × )] X PPA Tariff] tariff Where, Average Generation per hour during the month (kWh) = Total generation in the month (kWh) ÷ Total hours of generation in the month No back-down / curtailment The Generation Compensation as calculated above will be limited to the extent of shortfall in annual generation corresponding to the maximum CUF permitted as per Article 2.11.3 and the same will be ordered without giving formal/ written instruction for the samesettled on annual basis. The details of back-down / curtailment, including justifications for such curtailment, to be made public by the concerned Sate Load Dispatch Centre. The SPG SPD shall not be eligible for any compensation in case the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions. The Generation Compensation shall be paid as part of the energy bill for the successive month after receipt of Energy Accounts (REA)/SEA/JMR. No Trading Margin shall be applicable on the Generation Compensation as per JMR/EBC energy export statementprovided in Article 2.13.3 only.

Offtake constraints due to Backdown. The SPG Solar Power Developer and GRIDCO Buying Entity shall follow the forecasting and scheduling process as per the regulations in this regard by OERCthe Appropriate Commission. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such the eventuality of Backdown arisesbackdown, including backdown on account of non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding opening Opening and maintaining of adequate Letter of Credit (LC) as payment security mechanism Payment Security Mechanism under the Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, subject to the SPG submission of documentary evidences from the competent authority, the SPD shall be eligible for a Minimum Generation Compensationminimum generation compensation, from GRIDOCBuying Entity, in restricted to the manner detailed belowfollowing and there shall be no other claim, directly or indirectly against SECI: Hours of Backdown during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) × X (number of backdown hours during the month) × )] X PPA Tariff] tariff Where, Average Generation per hour during the month (kWh) = Total generation in the month (kWh) ÷ Total hours of generation in the month No back-down / curtailment The Generation Compensation as calculated above will be limited to the extent of shortfall in annual generation corresponding to the maximum CUF permitted as per Article 2.11.3 and the same will be ordered without giving formal/ written instruction for the samesettled on annual basis. The details of back-down / curtailment, including justifications for such curtailment, to be made public by the concerned Sate Load Dispatch Centre. The SPG SPD shall not be eligible for any compensation in case the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions. The Generation Compensation shall be paid as part of the energy bill ▇▇▇▇ for the successive month after receipt of Energy Accounts (REA)/SEA/JMR. No Trading Margin shall be applicable on the Generation Compensation as per JMR/EBC energy export statementprovided in Article 2.13.3 only.