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Key Initiatives

 

Key Initiatives

Young in existence, having been formed in April 2010, APP however has a rich history of solid achievements in just a short period of time. Ever since its inception, the Association has effectively taken up with the concerned government agencies a range of issues relating to power sector such as: fuel - indigenous and imported; environment - impacting mines clearance and development; financing - taxes and levies that have a bearing on the sector and so forth. The Association provides crucial industry inputs to agencies concerned with the development of the power sector in India.

Some of the key issues which APP has brought up consistently in its representations to various Ministries and other government agencies are highlighted below: 

·         Domestic Coal Shortage (Linkage) and pricing impact of imported/blended coal

·         Delays in Captive Coal Production

·         Policy Framework for new Coal Block Allocation for Power Sector

·         Inadequate Supply of Gas to Power Sector

·         Infrastructure Augmentation for Coal Imports

·         Macroeconomic Risks arising out of adverse interest rate and exchange rate movements

·         Financing Issues

·         Deemed Export Benefits 

·         Land Acquisition

·         Stability of Policy and Sanctity of Government Decisions

·         Environment and Forest Clearances

·         Transmission Constraints

·         Incentives for Hydro Projects

·         Review of Standard Bidding Documents

·         Precarious Financial Condition of Distribution Utilities

 

Many of the issues highlighted above required extensive inter-Ministerial deliberations and as a result positive action was slow in forthcoming. Keeping in mind the criticality of the situation, especially the impact of the fuel shortage crisis on the power sector, APP decided to meet the Prime Minister, Shri Manmohan Singh to break the gridlock in the power sector. On 18th January 2012, a delegation of 18 members of APP comprising of the leading captains of the power industry led by Shri Ratan Tata met the Prime Minister and various other Ministers and senior Government officials to apprise them of the major difficulties facing the sector.

 

The Prime Minister promised the Association members of swift action in a time bound manner. During the meeting it was decided that a Committee of Secretaries, headed by Principal Secretary to the Prime Minister Pulok Chatterji, would be set up immediately to look into the problems highlighted. Soon after the meeting, the Committee met on 1st February 2012 and issued directions to Coal India to sign FSAs with power plants that have entered into long term PPAs. A review meeting with APP was held by PMO on 22nd February 2012 to identify other issues which required urgent intervention.

 

APP delegates met the newly appointed Union Minister of Power, Shri Veerappa Moily on 31st August 2012 to apprise him of the various issues affecting private investment in the power sector. The Power Minister agreed that the issues facing the power developers required immediate attention and he assured the delegation of expeditious resolution of the issues highlighted. 

A short while after Shri Jyotiraditya Madhavrao Scindia took charge as Minister of State (Independent Charge) for Power, APP delegates met him on 20th Dec 2012 to present an overview of the various challenges being faced by the power project developers. The discussions were centered around the major issue of fuel (coal and gas) shortage and associated issues. The Hon'ble Minister stressed on his commitment to resolve the problems of the sector and asked APP to submit a note on the major issues being faced.

Ministry of Power set up an Advisory Group under the Chairmanship of the Minister of State for Power (Independent Charge) to discuss and deliberate periodically issues pertaining to the power sector and suggest reforms in different areas. APP is honored to be a part of this body and is represented by its Chairman/Vice Chairman in the meetings of the Advisory Group. 

 

Other Recent Important Meetings, Presentations and Correspondences

06 August 2014: Letter to Secretary, Ministry of Petroleum & Natural Gas, GoI requesting for clarification in relation to Inter-State sales of Re-gasified Liquid Natural Gas through pipeline.

06 August, 2014: Letter to Secretary, Ministry of Power, GoI regarding applicability of Custom Duty when Electrical Energy is removed from Special Economic Zone (SEZ) into Domestic Tariff Area

05 August 2014: Letter to Secretary, Ministry of Environment and Forest, GoI regarding Uttarakhand Hydro Power Development- Constitution of Expert Body by MoEF, GoI in compliance to the directions issued by the Hon'ble SC.

4 August 2014: Letter to Secretary, Ministry of Power, GoI regarding distortion of competitive landscape through uneven application of rules related to linkage coal supply. (Annexure)

01 August 2014: Letter to Director (OM), Central Electricity Authority regarding meeting to formulate panel for "Third Party Samplers".

31 July 2014: Letter to Joint Secretary (TRU-1), Central Board of Excise & Customs, Department of Revenue, Ministry of Finance seeking clarification regarding difficulty faced by the Solar Power Developers in availing fiscal benefits. (Annexure 1) (Annexure 2)

31 July 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and NRE regarding recommendations for debottlenecking Power Transmission. 

31 July 2014: Letter to Hon. Minister of Finance, GoI regarding request to widen the scope of Investment for infrastructure Debt Funds- NBFCs

30 July 2014: Letter to Member Secretary, NRCE nominating a member from APP to the National Reliability Council for Electricity (NRCE)

28 July 2014: Letter to Secretary, Ministry of Power, GoI regarding arbitrary stipulations by CIL regarding supply of coal under FSA.

28 July 2014: Letter to Secretary, Ministry of Power, GoI regarding the need for funding Regulatory Assets/Untreated gap of discoms by Funding Institutions (FIs) like PFC/REC and issuance of tax free bonds against it. 

28 July 2014: Letter to Secretary, MNRE regarding Generation Based Incentive for Solar Power Projects.

27 July 2014: Comments submitted to RERC on the petition filed by RVPN. 

24 July 2014: Letter to Hon. Minister of Finance requesting for nil customs duty on thermal coal imports for power generation.

24 July 2014: Letter to Secretary, Ministry of Coal, GoI regarding impracticality of stipulation regarding minimum fuel stock under clause 21.5.2 and its linkage to recovery of fixed charges (clause 21.4.2) under the new bid documents.

24 July 2014: Letter to Secretary, Ministry of Coal and Secretary, Ministry of Power suggesting list of third party coal inspection agencies.

24 July 2014: Letter to Joint Secretary, Ministry of Power, GoI seeking clarifications regarding coal allocation/release framework under new SBD dispensation.

23 July 2014: Comments submitted to MNRE on the draft guidelines for selection of 1500 MW Grid Solar PV power projects under National Solar Mission, Phase-II Batch-II Scheme of Bundling with Thermal Power.

22 July 2014: Letter to Hon. Union Minister of Finance requesting for amendment to RBI guideline related to Flexible Structuring of Long Term Loans to Infrastructure and Core Industries.

22 July 2014: Letter to Secretary, Ministry of Power, GoI regarding request for putting all the Standard Bid Documents including PPAs on the website of Ministry of Power. 

22 July 2014: Letter to Secretary, Ministry of Power, GoI regarding impracticality of stipulation regarding Minimum Fuel Stock and its linkage to recovery of Fixed Charges under the new bid documents. 

18 July 2014: Letter to Joint Secretary (Thermal), Ministry of Power regarding IMC constituted to undertake a thorough review of legislations/regulations and underlying process of clearances governing generation & transmission projects.

18 July 2014: Letter to Secretary, Ministry of Coal regarding critical concerns in the UMPP bid documents.

18 July 2014: Letter to PS to PM, GoI regarding facts about domestic natural gas allocation, utilization and pricing decision. 

18 July 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and New & Renewable Energy regarding Stranded Gas Based Generating Assets 24,149 MW

17 July 2014: Letter to Secretary (in-Charge), Energy Department, GoAP regarding infirmities in the Model Power Supply Agreements (Standard bidding document for Case 1 projects) 

17 July 2014: Letter to Principal Secretary, CMO, GoAP regarding views exchanged and observations made during the meeting with Hon'ble Chief Minister of Andhra Pradesh on 7th July, 2014. 

July 11 2014: Letter to Secretary Energy, Government of Rajasthan suggesting amendment in the Rajasthan Solar Energy Policy (RSEP), 2011.

9 July 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and New & Renewable Energy regarding critical concerns in the UMPP bidding documents. (Annexure 1) (Annexure 2) (CC: CERC, CEA and Ministry of Coal)

7 July 2014: Letter to Hon. Chief Minister of Andhra Pradesh, requesting GoAP to address viability challenges faced by gas based power projects in the state.

5 July 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and New & Renewable Energy- regarding domestic natural gas allocation to gas-based projects. 

30 June 2014: Letter to Hon. Minister of State for Commerce & Industry (IC)- Representation for changes in the existing Foreign Trade Policy

27 June 2014: Letter to Hon. Minister of State for Petroleum & Natural Gas (IC)- regarding Stranded Gas Based Generating Assets 24,149 MW

27 June 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and New & Renewable Energy- regarding Stranded Gas Based Generating Assets 24,149 MW

25 June 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and New & Renewable Energy regarding "Enhancing Ease of Doing Business"- proposed comprehensive review of legislations governing integrated electricity generation projects. (Appendix I) (Appendix II)

25 June 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and New & Renewable Energy regarding - Discussion Paper on Guidelines for considering requests of coal linkage for change of name due to amalgamations dated 16.01.2014.

24 June 2014: Letter to Chairperson, CERC regarding Study on 'Use of Gas Based Power Plants for Provision of Ancillary Services (CEA and POSOCO were also apprised about the Study through separate letters) 

23 June 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and New & Renewable Energy regarding MNRE Support for Interchange Flexibility in Solar RPO vs Non Solar RPO.

23 June 2014: Letter to Hon. Minister of State (I/C) for Power, Coal and New & Renewable Energy regarding review of SBDs for UMPPs.

19 June 2014: Letter to Hon. Chief Minister of Andhra Pradesh regarding suggestions to restore viability of gas based power projects in Andhra Pradesh.

14 Feb 2014: Reference to the guidelines issued under forest (conservation) Act 1980 and Compensatory Afforestation, APP wrote letter to Secretary, Ministry of Environment & Forests, requesting to amend guidelines in order to ensure expeditious growth of high voltage transmission systems.

14 Feb 2014: Reference to APP comments and suggestions on Draft CERC (Terms and Conditions of Tariff) Regulations, 2014, for the tariff period 1.4.2014 to 31.3.2019, APP submitted additional note on treatment of Heat Rate for existing units.

14 Feb 2014: APP letter to Additional Secretary (Policy Planning), Ministry of Power, highlighted the issues faced by the industry regarding Concessional Customs Duty benefit for Mega and Ultra Mega Power Projects, Concessional Customs Duty benefit by eligibility to clear the goods and limitation on the amount of Bank Guarantee to maximum of Rs. 1 Crore for projects registered under PIR-1986, and sought clarifications.

12 Feb 2014: APP wrote letter to Secretary (Finance), Department of Revenue, Ministry of Finance, requesting to extend the eligibility date for power plants to avail the section 80 IA benefits, in the interest of promoting investments in the power sector.

11 Feb 2014: Reference to RBI circular on Foreign Direct Investment - pricing guidelines for FDI instruments with optionality clauses, APP letter to Governor, Reserve Bank of India, sought clarifications in order to encourage FDI coming to India.

06 Feb 2014: APP submitted its comments and suggestions to Ministry of Coal on the Discussion Paper on the guidelines for considering requests from coal linkage/LoA holders for change of name of the company due to amalgamation, take over, change in ownership/ shareholding pattern, etc.

31 Jan 2014: APP submitted its comments and suggestions on Draft CERC (Terms and Conditions for Tariff determination from Renewable Energy Sources) Regulations, 2012 – Determination of Generic Levellised Generation Tariff for Renewable Energy Sources, applicable during FY: 2014-15.

28 Jan 2014: APP letter to Secretary, Ministry of Coal, requested for approval of the proposal for pooling of price of coal of existing mines (supplying coal at notified price) and cost-plus mines and implementing uniform notified price for all mines of Western Coalfields Ltd. (WCL) based on grade of coal, as approved by WCL board.

28 Jan 2014: APP letter to Hon’ble Minister for Environment and Forests, requested for grant of Environment Clearance for coal Mines for one time production capacity expansion to higher target levels from the existing planned capacities (for which EC has been received), without Public Hearing.

22 Jan 2014: With reference to constitution of Expert Body by MoEF in compliance of the directions issued by the Hon’ble Supreme Court related to the Uttarakhand flood tragedy, APP wrote letter to Hon’ble Minister for Environment and Forests, requesting for reconstitution of the Expert Body.

21 Jan 2014: APP submitted its comments and suggestions on Draft CERC (Terms and Conditions of Tariff) Regulations, 2014, for the tariff period 1.4.2014 to 31.3.2019.

09 Jan 2014: APP wrote letter to Hon’ble Minister for Environment and Forests, requesting to examine and resolve issues related to long pending environmental and forest clearances afflicting the power sector projects.

09 Jan 2014: APP wrote letter to Principal Secretary, Energy, Government of Rajasthan, requesting to issue clarification relating to Value Added Tax (VAT) exemption for Plant and Machinery including parts thereof, used in generation of Electricity from Solar Energy.

08 Jan 2014:  APP wrote letter to Secretary, Ministry of Coal, requesting for inclusion of APP as an industry representative in the recently formed coordination committee on coal issues.

07 Jan 2014: With reference to stakeholder meeting regarding the Draft Model Agreement for Procurement of Power (peaking power/medium term power), APP wrote letter to Joint Secretary, Ministry of Power, requesting for sharing the revised draft of the medium term and peaking power model PPAs.

07 Jan 2014: APP wrote letter to Hon’ble Union Minister, Ministry of New and Renewable Energy, requesting support for resolving issues in implementing interchangeability of Solar RPO with Non Solar RPO.

07 Jan 2014: APP wrote letter to the Joint Secretary (TRU), Central Board of Excise & Customs, Department of Revenue, highlighting issues being faced by the industry in availing zero Customs Duty benefit, under Notification No. 12/2012-Cus (earlier 21/2002-Cus), for Mega and Ultra Mega Power Projects specified in List 32A introduced vide Notification No. 49 / 2012 – Customs dated 10thSeptember, 2012 and requesting for necessary clarifications.

03 Jan 2014: APP submitted its comments/suggestions to Secretary, Rajasthan Electricity Regulatory Commission the Draft ‘Rajasthan Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff other than Renewable Energy Sources) Regulations, 2014’ along-with its Explanatory Memorandum, specifying terms and conditions for tariff determination of ‘Renewable Energy Sources for the control period FY 14-15 to FY 18-19.

03 Jan 2014: With reference to CCEA decision for extension in coal supply to the 4,350 MW tapering linkage capacity affected due to the ‘Go-No-Go’ Policy of MoEF, APP wrote letter to Secretary, Ministry of Coal, requesting to treat the entire 6,400 MW capacity of tapering linkages affected by delays/denials of clearances at par.

31 Dec 2013: With reference to imposition of the conditionality of signing long term PPAs for release of coal under FSA, APP wrote letter to the Hon’ble Minister of State (I/C) for Power, Government of India, highlighting the gap in policy framework leading to stranded assets.

31 Dec 2013: APP wrote letter to the Joint Secretary, Ministry of New and Renewable Energy, with suggestions on the Guidelines for the selection of 750 MW Grid connected solar Power Projects with Viability Gap Funding (VGF) under Batch-I of JNNSM.

30 Dec 2013: APP wrote letter to the Joint Secretary (TRU), Central Board of Excise & Customs, Department of Revenue,requesting for issuance of a circular, clarifying the earlier Circular No. 12/2011-Customs dated 01-Mar-2011 for limiting requirement of Bank Guarantee to maximum of Rs. 1 Crore - Customs Tariff Heading (CTH) 98.01 and Project Import Regulations, 1986.

27 Dec 2013: APP wrote letter to Secretary, Ministry of Power, requesting for expeditious resolution of transmission bottlenecks for power plants in Orissa & Chhattisgarh and asked for support from the Ministry to ensure timely completion of key 765kV transmission corridors for evacuation of power from the plants. 

24 Dec 2013: APP wrote letter to Secretary, Department of Economic Affairs, Department of Revenue, requesting to extend the credit enhancement-facility supporting the Indian infrastructure companies through bond issues as it would be helpful in meeting the huge debt requirements of the infrastructure companies.

23 Dec 2013: APP wrote letter to Hon’ble Union Minister, Ministry of New and Renewable Energy, Government of India, requesting for time extension by 6 months for commissioning of Solar Thermal Power Projects awarded under JNNSM Phase 1 Batch 1 by Solar Power Developers in view of conditions beyond their reasonable control.

19 Dec 2013: APP letter to Minister of State (I/C) for Power, Government of India, highlighted the pending issues related to coal supplies to the power sector which merit consideration by both Ministry of Coal and Ministry of Power for early resolution.

19 Dec 2013: APP wrote letter to Chairman and Managing Director, India Infrastructure Finance Company Limited (IIFCL), proposing certain amendments to the SIFTI guidelines applicable for lending by IIFCL and IIFC (UK) in order to help in smooth flow of investments in the power sector and bringing back confidence in the Indian economy.

13 Dec 2013: Regarding coal supply to projects granted tapering linkage, APP letter to Secretary, Ministry of Coal, requested certain measures in order to ensure that no capacity is shut down for want of coal supplies.

13 Dec 2013: APP wrote letter to Commissioner Commercial Taxes, Govt. of Rajasthan, requesting to issue clarification relating to Value Added Tax (VAT) exemption for Plant and Machinery including parts thereof, used in generation of Electricity from Solar Energy.

10 Dec 2013: APP wrote letter to The Joint Secretary (TRU-1), Central Board of Excise & Customs, Department of Revenue, requesting to issue a suitable clarification to the Trade in a manner that exemptions covered by the Notification 15/2010-CE dated 27-2-2010 and 30/2010-Cus dated 27-02-2010 as amended from time to time cover all the goods used for initial setting up of a solar power generation project or facility.

06 Dec 2013: APP submitted its comments/views to Director, Ministry of Power on the proposed Amendments to Tariff Policy notified under Section 3 of the Electricity Act, 2003.

02 Dec 2013: APP submitted the suggestions to Ministry of Power in respect of both direct and indirect Taxes for the regular budget for 2014-15 for their consideration.

02 Dec 2013: APP submitted the details of stressed power assets of its members to Ministry of Power for their consideration.

29 Nov 2013: APP submitted its comments/views to Under Secretary to the Govt. of India, Ministry of Power on Draft Model Agreement for Procurement of Power (Version-II) prepared by the Ministry of Power for procurement of peaking power/medium term power.

27 Nov 2013: APP wrote letter to Chairperson, Central Board of Excise & Customs, Ministry of Finance, requesting to issue a suitable clarification to the Trade in a manner that exemptions covered by the Notification 15/2010-CE dated 27-2-2010 and 30/2010-Cus dated 27-02-2010 as amended from time to time cover all the goods used for initial setting up of a solar power generation project or facility.

25 Nov 2013: APP wrote letter to Secretary, Ministry of Coal and Chairman & Managing Director, Coal India Limited, requesting to advise CIL Subsidiaries to supply coal to the 4660 MW capacity power projects at CIL notified price in lines with the CCEA decision.

21 Nov 2013: APP wrote letter to Governor, Reserve Bank of India and Secretary Department of Financial Services Ministry of Finance, requesting to issue of suitable clarification/guidance pertaining to the Prudential Norms on Income Recognition,  Asset   Classification and Provisioning pertaining to Advances.

21 Nov 2013: With reference to limited supply of gas and the widespread distress affecting all gas based power plants APP wrote letter to Hon’ble Minister of Petroleum and Natural Gas, Government of India, requesting that all new gas supplies are allocated to the power sector in an equitable manner without any priority in favour of Ratnagiri Gas and Power Pvt. Ltd. (RGPPL) over the other projects.

20 Nov 2013: APP submitted its comments/views to Director, Ministry of Power, on the amendments proposed by Ministry of Power on Electricity Act, 2003.

18 Nov 2013: With reference to customs duty exemption on import of steam coal by Power Industry, as announced by Hon’ble Finance Minister in Budget for 2012-13, APP wrote letter to Hon’ble Finance Minister, Ministry of Finance, to issue clarification on the intention of the Government that the exemption is applicable for all types of coal imported for use in generation of power by the domestic power producers in 2012-13.

13 Nov 2013: APP wrote letter to Hon’ble Minister of State (I/C) for Power, Government of India, to issue an advisory to CERC to develop and implement a comprehensive framework towards resolution of hardships beyond the control of developers and to facilitate its adoption by SERCs through the Forum of Regulators.

13 Nov 2013: APP wrote letter to Secretary, Ministry of Coal, requesting that third party inspection of linkage coal may be extended to E-auction coal, in order to bring more transparency in the system.

08 Nov 2013: With reference to constitution of an “Expert Body” by MoEF to study the level of impact contributed by the Hydro power projects on the severe destruction in Uttarakhand due to flood and erosion in June, 2013, APP wrote letter to Hon’ble Prime Minister, Hon’ble Chief Minister, Government of Uttarakhand, Hon’ble Minister, Ministry of Environment and Forests and Hon’ble Minister, Ministry of Water Resources, requesting to re-constitute the expert body with inclusion of appropriate domain experts without a stated position on the matter in order to ensure a balanced and realistic outcome of the proposed study.

08 Nov 2013: With reference to CERC meeting of Validation Committee for implementation of CERC (Sharing of Transmission and Charges and Losses) Regulations, 2010, APP wrote letter to Jt. Chief (Engg.), Central Electricity Regulatory Commission, requesting that Independent Power Producers may also be invited to participate in the meeting.

31 Oct 2013: With reference to finalization of Case 1 Standard Bidding Documents leading to apprehension of a part of capacity remaining unutilized, APP wrote letter to Secretary, Ministry of Power requesting to change the documents in order to avoid a situation where bidders quote for higher tariffs.

24 Oct 2013: With reference to APP meeting held with Secretary, Ministry of Power on 13th September, APP wrote letter to the Secretary requesting for information on the current status of the issues highlighted during the meeting.

18 Oct 2013: APP wrote to the Secretary, Ministry of Power highlighting the Generation Projects facing issue of evacuation of power due to mismatch in timelines between Generation and Transmission Projects and also highlighting the congestion issues in the Transmission Network.

17 Oct 2013: In line with previous APP letter regarding the need to promote and incentivize Solar IPPs, APP letter to Secretary, Ministry of New and Renewable Energy, requested to introduce Generation Based Incentive (GBI) scheme for Solar in order to have a significant positive impact on the selection process of Batch-I of Jahawarlal Nehru National Solar Mission (JNNSM) Phase II.

10 Oct 2013: In line with previous APP letter regarding recommendation on draft guidelines for selection of 750 MW Grid Connected Solar Power Projects, APP wrote letter to Director, Ministry of New and Renewable Energy, requesting to consider additional recommendations while drafting final guidelines / bid documents.

9 Oct 2013: With reference to previous APP letter regarding operationalization of CCEA decision on imported fuel price pass through, APP wrote letter to Hon. Minister of State (I/C) for Power and Secretary, Ministry of Power, requesting to issue amendments to the Competitive Bidding Guidelines in line with the CERC’s advice.

8 Oct 2013: APP wrote letter to Secretary, Ministry of New and Renewable Energy regarding key recommendation on draft guidelines for selection of 750 MW Grid Connected Solar Power Projects with Viability Gap Funding (VGF) under Batch-I of Jahawarlal Nehru National Solar Mission (JNNSM) Phase II.

3 Oct 2013: With reference to circular of Department of Revenue, Circular No. 12/2011-Customs, issued on March 1, 2011, pursuant to limiting requirement of Bank Guarantee to maximum of Rs. 1 Crore, APP wrote letter to the Joint Secretary (TRU-1), Central Board of Excise & Customs, requesting to issue clarification to all Field Offices in line with the intent of the amendment circular.

30 Sep 2013: With reference to constitution of committee to review the FCCBs and Ordinary Shares (through Depository Mechanism) Scheme, 1993, APP letter to Deputy Director, Ministry of Finance, proposed amendments to the FCCB policy so as to encourage FCCB issuances by Indian Corporate.

30 Sep 2013: APP submitted its comments/views on CERC Staff Paper on “Improvement of Market efficiency by information dissemination through display of Aggregate Demand and Supply Day Ahead curves by Power Exchanges on their websites”

27 Sep 2013: APP wrote letter to Chairman, CIL regarding suspension of 40% premium charged on the CIL notified price by coal companies on Tapering Coal Supplies and highlighting the views of MoP and MoC on the issue.

27 Sep 2013: APP's representation to Hon'ble Minister of State (I/C) for Power on issues of Custom/Excise Duty exemption and replacement of Custom/Excise Duty paid in cash with Bank Guarantee for Mega Power Projects.

27 Sep 2013: APP wrote letter to Secretary, MoC, requesting for amendment in the Model Tripartite Escrow Account Agreement, which will lead to better utilization of funds allocated in the Escrow Account towards Mine Closure Activities.

23 Sep 2013: APP letter to Governor, Reserve Bank of India, requested for a window/mechanism for hedging of External Commercial Borrowings (ECBs) for Project Companies implementing large power projects.

25 Sep 2013: APP letter to the Chief General Manager-In-Charge, Foreign Exchange Department, requested for relaxation in existing ECB / FCCB guidelines in order to have a major positive impact on the dollar inflows and enhancement of foreign currency reserves of our Country.

24 Sep 2013: APP wrote letter to Hon’ble Union Minister, Ministry of New and Renewable Energy, requesting for necessary compensatory tariff to restore the projects to the same economic condition prior to occurrence of the drop in Direct Normal Irradiance (DNI).

19 Sep 2013: With reference to depreciation in value of the Indian Rupee and consequent adverse impact on growth prospects of the Indian economy, APP wrote letter to Governor, Reserve Bank of India, requesting for modification of RBI guidelines related to extension of tenor of Trade Credit up to 5 years, in order to provide stability to India dollar reserves.

16 Sep 2013: To the revised version (Version-III) of the Case-1 MPSA (Standard Bidding Documents) being distributed amongst the members of the Advisory Group of Ministry of Power, APP submitted its comments and observations to Ministry of Power, besides requesting Ministry of Power to advise the States to proceed with the old documents after incorporating the latest CCEA decision on imported fuel price pass through.

10 Sep 2013: APP wrote letter to Secretary, Ministry of Power, requesting for amendments required in the Competitive Bidding Guidelines as per CERC Advisory/CCEA decision pertaining to pass through of imported fuel costs, so as to avoid any delay in grounding the decision taken by CCEA.

09 Sep 2013: In line with previous APP letter regarding change of guidelines for projects with Tapering Linkage which are not in a position to develop their allotted coal blocks due to denial of MoEF clearances, APP letter to Secretary, Ministry of Power, requested for change of guidelines for projects with tapering linkage whose normative date of production is delayed due to reasons beyond the control of allottees/developers.

06 Sep 2013: APP wrote letter to Secretary, Ministry of Environment and Forest, requesting to lift the moratorium for power projects in respect of the critically polluted areas in order to address the problem of pollution.

06 Sep 2013: APP wrote letter to Secretary, Ministry of New and Renewable Energy, suggesting for Generation Based Incentive (GBI) to the solar power projects on the lines of what has been extended for Wind Projects.

05 Sep 2013: APP wrote letter to Secretary, Ministry of Environment and Forest, requesting for frequent hearing of re-constituted Expert Appraisal Committee (EAC) so as to dispose off pending applications for Environment Clearance.

30 Aug 2013: APP submitted its comments on Draft CERC (Deviation Settlement Mechanism and related matters) Regulations, 2013.

30 Aug 2013: APP letter to Secretary, Ministry of Power, requested to take up with MoC to frame policy guidelines regarding coal requirement for blending with washery rejects for utilization in pithead reject based power plant.

30 Aug 2013: With reference to challenges in execution of long-term PPA to obtain coal under CIL FSA, APP wrote letter to Hon Minister of State (I/C) for Power, Government of India, requesting for holistic examination of the issue and providing solutions to developers faced with unavailability of long term PPA opportunities with projects ready for commissioning. 

27 Aug 2013: With reference to circular of Department of Revenue, Circular No. 12/2011-Customs, issued on March 1, 2011, pursuant to assessment under Project Import Regulations, 1986 - requirement of cash security in lieu of bank guarantee, APP wrote letter to Secretary, Department of Revenue, requesting to issue suitable clarifications so that the benefit granted by the said circular be extended to all the importers registered under the Project Imports scheme without any discrimination.

27 Aug 2013: APP wrote letter to Joint Secretary to Prime Minister, Prime Minister’s Office, requesting for an appointment to discuss the possible solutions for ensuring adequate gas supplies for power, in line with the CCEA decision on imported coal price pass through and the CCI decision regarding expeditious environment clearances.

26 Aug 2013: APP letter to Secretary, Ministry of Power and Secretary, Ministry of Coal, requested for change of guidelines for projects with tapering linkage which are not in a position to develop their allotted coal blocks due to denial of MoEF clearances.

22 Aug 2013: APP wrote letter to Joint Secretary, Ministry of Power, furnishing the collated information on projects of APP members which fulfill the conditions in order to be considered as eligible with regard to obtaining Mega Power benefits.

14 Aug 2013: APP wrote letter to Minister of Finance, Ministry of Finance, requesting for non-acceptance of the retrograde and anti-competitive proposal to impose mandatory domestic procurement for ultra mega power projects.

13 Aug 2013: With reference to CERC Approach Paper on Terms and Conditions of Tariff for the tariff period from 1.4.2014 to 31.03.2019, APP submitted its Final Comments to CERC.

12 Aug 2013: APP wrote letter to Hon. Minister of State (I/C) for Power, Government of India, requesting for resolution of urgent issues linked to Mega Project status and waiving of Import/ Custom/ Excise Duties on the power plant equipments procured from overseas.

12 Aug 2013: APP wrote letter to Hon’ble Minister of State (I/C) for Corporate Affairs, Ministry of Corporate Affairs suggesting to converge Indian Accounting Standards with IFRS for consolidated financial statements which would be in line with global practices, with reference to power sector.

06 Aug 2013: With reference to circular of Reserve Bank of India, circular no. DBOD.BP.BC.No. 99/21.04.132/2012-13 dated 30th May, 2013 regarding revised prudential guidelines on restructuring of advances by banks and financial institutions, APP wrote letter to Governor, RBI, requesting to issue necessary clarifications to the effect that the revision in guidelines are uniformly applicable to both Banks and FIs, without considering any discrimination.

05 Aug 2013: With reference to CERC Regulations for Grant of Connectivity, Long Term Access, Medium Term Open Access in Inter State Transmission & Related Matters, 2009, APP wrote letter to Secretary, CERC requesting to issue amendments in existing Regulations to ensure that generator should be allowed to identify the target region in which electricity is to be supplied.

05 Aug 2013: APP letter to Joint Secretary (I&I), Department of Economic Affairs, highlighted the key concerns of developers, major financial institutions, industry bodies and CERC on the proposed Case 2 Standard Bidding Documents (SBDs).

31 Jul 2013: APP letter to the Hon. Minister of State (I/C) for Power, Government of India expressed the Power Industry’s view on the proposed changes in the Standard Bidding Documents and requested to incorporate the experience of UMPPs & projects based on coal linkage in the existing documents instead of introducing a completely new framework which would reset the previous learning process entirely.

26 Jul 2013: APP letter to the Secretary, Department of Financial Services, Ministry of Finance requested the Ministry to initiate necessary steps for modifying existing norms of Sub-debt scheme of IIFCL in the larger interest of Power Sector involving huge investment

26 Jul 2013: With reference to Draft RBI Guidelines on Capital and Provisioning requirements for exposures to corporates having unhedged foreign currency exposure, APP wrote letter to the Chief General Manager, Foreign Exchange Department, Reserve Bank of India pointing out the serious repercussions of the guidelines on Infrastructure Projects and suggested the favorable amendments to the guidelines.

25 Jul 2013: APP wrote letter to Secretary, Ministry of Coal and Chairperson, Central Electricity Authority highlighting certain issues with existing internal guidelines of CEA regarding supply of coal from CIL for pre-commissioning, carpeting, trail-run, etc.

19 Jul 2013: APP wrote letter to Hon. Finance Minister, Government of India and Governor, Reserve Bank of India requesting for modification of RBI guidelines related to extension of tenor of Trade Credit up to 5 years in order to reduce foreign exchange outflows in the short term.

16 Jul 2013: APP wrote letter to Secretary, Ministry of Coal requesting for speedy operationalization of CCEA decision regarding the pass through of higher cost of imported coal.

11 Jul 2013: APP letter to Secretary, Ministry of Power requested for relaxation in Accounting Standards AS10 and AS16 in view of the adverse conditions beyond the control of developers being presently experienced by the power sector developers.

10 Jul 2013: APP letter to Secretary, Ministry of Power pointed out that the solution suggested by MoPNG in the EGOM note, regarding equitable treatment to all gas based power capacity in allotment of gas, is suboptimal as the proposal leaves more than 30% of the capacity as stranded, which would continue to pose systemic risk to banking sector.

10 Jul 2013: APP letter to Hon’ble Minister of Law & Justice, Government of India and Hon’ble Minister of State (Independent Charge) in the Ministry of Power, Government of India pointed out the systemic risk posed to banking sector as the EGOM on NELP natural gas does not address gas requirements of new plants and requested for equitable treatment to all gas based power capacity in allotment of gas and further to equal priority between power and fertilizer sectors.

09 Jul 2013: In the wake of problems faced by CIL to meet the commitments of coal in the existing FSAs/LOAs, APP provided a concept note on “coal banking” to the Secretary, Ministry of Coal.

08 Jul 2013: Reference to Reserve Bank of India Circular No. RBI / 2012-13/552 (A.P. (DIR Series) Circular No. 119) dated June 26, 2013, APP letter to Governor, Reserve Bank of India requested to allow Trade Credit for Import of services, technical know-how and payment of license fees into India, akin to Trade Credit guidelines currently in vogue for import of capital goods.

08 Jul 2013: APP letter addressed to Hon’ble Minister of Communications and Information Technology, and Minister of Law and Justice Secretary and Secretary Ministry of Power, requested for equitable treatment to all gas based power capacity in allotment of gas and further to equal priority between power and fertilizer sectors.

05 Jul 2013: APP wrote letter to Secretary, Ministry of Power requesting for the resolution of critical issues linked to Mega Project status so as to enable the deserving projects to avail the benefits of the Mega Power Policy.

28 Jun 2013: APP wrote to Secretary, Ministry of Environment and Forest requesting for representation to UNFCCC for adoption of India specific Baseline efficiency of subcritical plant in the present version of methodology.

24 Jun 2013: APP letter addressed to Joint Secretary to Prime Minister indicated factual inaccuracies in Ministry of Power’s CCI proposal on gas price pooling.

17 Jun 2013: APP letter to Cabinet Secretary, Government of India highlighted the issue of differential treatment in coal-loading of Railway Rakes being accorded to the Independent Power Producers (IPPs) in comparison with the Public Sector generation plants.

07 Jun 2013: APP letter to Secretary, Ministry of Coal requested to formulate a policy for lifting pit head stock pile coal which would alleviate the coal shortage scenario and enable better utilization of power plants which have been operating at sub-optimal levels.

06 Jun 2013: APP wrote letter to Secretary, Ministry of Petroleum & Natural Gas requesting to instruct the gas transportation companies to abide by the PNGRB (Development of Model GTA) Guidelines and desist from asking for ship-or-pay charges being levied by gas transportation companies.

03 Jun 2013: APP letter addressed to Joint Secretary to Prime Minister indicated factual inaccuracies in Ministry of Power’s CCI proposal on gas price pooling.

31 May 2013: With reference to Ministry of Finance’s letter letter no. 332/8/2013-TRU marked to APP on the issue of modification in the notification granting exemption from basic customs duty to LNG/NG imported for supply to power generating companies, APP wrote letter to Member (Budget), CBEC, Government of India addressing the concerns related to the notification and providing proposed amendment and the process which can be followed.

30 May 2013: APP wrote to Secretary to Govt. of India, Ministry of Power requesting to take up the matter regarding approval of deviations from the Railways Logistics Planwith Ministry of Railways in order to ensure effective and cost efficient procurement of coal such that additional and avoidable transportation costs are not incurred.

30 May 2013: With reference to procurement of coal through E-auction as offered by Coal India Ltd., APP wrote letter to Secretary, Ministry of Coal, outlining the issues faced by the developers regarding effective and cost efficient procurement of coal.

30 May 2013: With reference to the guidelines issued by Railway Board on logistics plan for evacuation of imported coal for power plants located at various parts of the country, APP wrote letter to the Chairman, Railway Board requesting for deviation in the issued Logistic Plans in order to deliver a cost-effective solution for coal imports by the power plant developers.

29 May 2013: APP provided its suggestions to Secretary, Ministry of Environment & Forests pertaining to changes in the National Ambient Air Quality (NAAQ) standards and Zone specific Emissions limits for Thermal Power Projects, while highlighting adoption of steps ensuring eco-friendly siting of plants and usage of advanced technologies.

28 May 2013: In the wake of problems faced by CIL to meet the commitments of coal in the existing FSAs/LOAs, APP wrote to the Hon’ble Minister for Coal, proposing a solution of “coal banking”.

27 May 2013: In line with the APP letter addressed to Minister of State (I/C) for Power, Ministry of Power, APP wrote letter to Shri P Uma Shankar, Secretary to Govt. of India, Ministry of Power, pointing out the project specific clearances and procedural issues related to Ministry of Coal and Ministry of Environment and Forests.

24 May 2013: APP letter to Minister of State (I/C) for Power, Ministry of Power pointed out the project specific procedural issues related to Ministry of Coal and Ministry of Environment and Forests, respectively.

24 May 2013: APP wrote to Dr. Manmohan Singh, Hon’ble Prime Minister, Government of India, highlighting the issues relating to priority in gas utilization, allocation and pricing to ensure viability of the entire gas based power generation capacity in the country.

23 May 2013: APP letter addressed to Secretary, Ministry of Power and Under Secretary to the Govt. of India, Ministry of Power highlighted various issues related to the proposed Model Case 1 SBDs important from the view of financing and development of the project.

21 May 2013: APP letter addressed to Secretary, Department of Financial Services, Ministry of Finance - Government of India requested for amendment in the exposure cap requirement of India Infrastructure Finance Company Limited (IIFCL)  to facilitate smooth and expeditious financing and thereby implementation of Power Projects.

17 May 2013: APP letter addressed to the Additional Secretary, Ministry of Power pointed out the issues faced by the Hydro Project developers in Arunachal Pradesh in light of road infrastructure constraints.

15 May 2013: APP wrote to the Secretary to Govt. of India, Department of Revenue, Ministry of Finance, suggesting the benefit of custom duty exemption on import of LNG be extended to all importers of LNG which is directly or indirectly supplied to power generation companies. 

14 May 2013: APP wrote to the Director General, DGH & Member Secretary – “Dr Vijay Kelkar Committee on Energy Security”, requesting to make presentation to Kelkar Committee on requirements of gas based power in purview of formulation of policy on energy security. 

10 May 2013: APP wrote to the Hon’ble Union Minister of State for Power (Independent Charge) requesting once again for reconsideration on the major issues with the Case 2 Model Power Purchase Agreement.

07 May 2013: APP wrote to the Chairman and Managing Director, Coal India Ltd highlighting certain problems being faced by its members with regards to procurement of coal from E-auction which have made it difficult for them to plan their procurement in an effective and cost efficient manner.

06 May 2013: APP letter to the Secretary, Ministry of Petroleum and Natural Gas highlighted that the process adopted by GSPC to sell gas from the KG Basin is against the PSC and Gas Utilization Policy of the Government and therefore no approval should be granted till Government finalizes a policy with respect to pricing of domestic gas.

06 May 2013: APP letter to the Hon’ble Minister of State for Corporate Affairs (Independent Charge) requested for providing clarification on capitalization of project as a whole for competitively bid power projects considering the difficulties experienced in unit wise capitalization. 

25 Apr 2013: APP letter addressed to the Hon’ble Finance Minister requested for an appointment to discuss the retrospective implementation of Foreign Trade Policy and denial of duty drawback benefits, resulting in substantial losses to the power sector. 

25 Apr 2013: APP wrote to the Secretary, Department of Economic Affairs requesting for a window/mechanism for hedging of External Commercial Borrowings to be created with commercial banks/RBI as raising ECBs has become a necessity due to constraints faced by domestic banks and lending institutions in financing the power sectors’ requirements.

22 Apr 2013: APP letter pointed out major structural issues with the Draft Model Power Supply Agreement for Case 1 to the Joint Secretary, Ministry of Power

15 Apr 2013:  APP wrote to the Secretary, Department of Economic Affairs requesting for relaxation of existing guidelines for External Commercial Borrowing (ECBs) for Infrastructure/Power sector. 

11 Apr 2013: APP letter addressed to the Hon’ble Finance Minister outlined the coal supply issues being faced by projects having coal linkage and requested for price pooling to be implemented for all plants and pass-through mechanism be provided for extra cost of additional coal procured through e-auction/imports to tide over the domestic coal shortage.

10 Apr 2013: APP wrote to the Hon’ble Finance Minister regarding the urgent need to set up an integrated upstream energy regulatory body for Coal and Gas sectors in order to ensure more co-ordinated development of the energy sectors.

02 Apr 2013: APP requested the Hon’ble Prime Minister for a meeting with the Heads of the leading private power producers to discuss the fuel shortage related concerns and the way forward to deal with the critical situation.

26 Mar 2013: APP provided to PMO, Planning Commission and Ministry of Petroleum and Natural Gas an economic analysis of prioritizing Power Sector over Fertilizer Sector in allocating domestic natural gas which indicated that the multiplier effect of supplying gas to power sector far exceeded the subsidy implication arising out of increased gas input price for urea or import of urea.

25 Mar 2013: APP wrote to the Secretary, Minister of Finance requesting for issuance of suitable guidance to the Reserve Bank of India pertaining to the alteration in trade credit guidelines for import into India.

25 Mar 2013: APP letter to Hon’ble Minister of Finance outlined a request for duty drawback clarification in view of the retrospective policy implementation of denial of duty drawback benefits in light of substantial financial losses to the power sector.

22 Mar 2013: APP wrote to the Secretary, Ministry of Petroleum and Natural Gas regarding GSPC’s sale of natural gas from its KG field through bidding process and highlighted that the proposed sale is neither in accordance with the decisions of the EGOM nor is it in accordance with the provisions of the Rangarajan committee recommendations. 

20 Mar 2013: The Heads of the leading private power producers met the Minister of Petroleum and Natural Gas, Shri Veerappa Moily and Deputy Chairman, Planning Commission today to apprise them of the impact of gas shortages on the power sector. The senior delegation comprised of Shri Anil Ambani, Chairman, Reliance Power; Shri GM Rao, Chairman, GMR Energy; Shri Bhaskara Rao, Vice Chairman Lanco Group; and Shri Ashok Khurana, Director General, Association of Power Producers. The delegation was also joined by Shri Girish Agarwal, Chairman, Diliigent Power and Shri Ratul Puri, Chairman, Moser Baer Projects who met with the Minister of Corporate Affairs and the Minister of Commerce & Industry on sectoral issues affecting the power sector.

18 Mar 2013: APP provided its written representation on the Agenda Note for Discussions for the 17th Meeting of Central Advisory Committee (of CERC) to be held on 20th March 2013.

12 Mar 2013: APP letter to Hon’ble Minister of Commerce and Industry requested for non-applicability of the Policy Interpretation Committee (PIC) Minutes dated 15th March 2011 and DGFT Policy Circular No. 50/2009-2014 dated 28th Dec 2011 on a retrospective basis

07 Mar 2013: APP wrote to the Hon’ble Minister of State (I/C) for Power highlighting the fact that the Railways routinely refuse allotment and placement of coal rakes on equitable basis for IPPs and instead give priority to Government companies.  

07 Mar 2013: With reference to reports about additional availability of 6 mmscmd non-APM gas from gas fields in Western and Eastern region, APP wrote to Hon’ble Minister of State (I/C) for Power and Hon’ble Minister for Petroleum and Natural gas, requesting for reserving these new supplies for power sector to alleviate the severe gas shortages being faced at present. 

07 Mar 2013: APP wrote to Joint Secretary (TRU), Dept of Revenue, requesting for requisite clarification to be issued under Customs for grant of benefit of exemption from whole of Customs Duty for facilities outside the power plant’s designated boundary

28 Feb 2013: Further to the final draft of Standard Bidding Documents being distributed amongst the members of the Advisory Group of Ministry of Power, APP submitted its detailed comments and observations on the latest version of the SBDs to Ministry of Power on 28th Feb 2013.

20 Feb 2013: In light of the Customs Authorities asking the power producers to pay higher customs duty as applicable on Bituminous Coal instead of concessional rate of 1% duty as applicable on import of steam coal, APP reiterated its earlier request for clarification on applicability of customs duty exemption on import of steam coal by Power Industry, as announced in Budget for 2012-13

08 Feb 2013: APP letter requested the Hon’ble Union Minister of State for Power (Independent Charge) to ensure that issues pertaining to stranded investments (specifically gas based power projects) are taken up on first priority by the Cabinet Committee on Investment, to avoid collateral impact on the banking sector and the economy.

04 Feb 2013: In light of the Customs Authorities asking the power producers to pay higher customs duty as applicable on Bituminous Coal instead of concessional rate of 1% duty as applicable on import of steam coal, APP requested the Hon’ble Finance Minister and the Hon’ble Union Minister of State for Power (Independent Charge) for clarification on applicability of customs duty exemption on import of steam coal by Power Industry, as announced in Budget for 2012-13

04 Feb 2013: With reference to Customs Circular No. 12/2011-Customs dated 01-Mar-2011 for limiting requirement of Bank Guarantee to maximum of Rs. 1 Crore, APP wrote to the Secretary, Department of Revenue requesting for necessary clarification to be to all Field Offices to permit return of the Bank Guarantee received earlier for more than Rs. 1 Crore, and replacement with a fresh Bank Guarantee to the extent of Rs. 1 Crore.

30 Jan 2013: APP wrote to the Chairman, Empowered Committee of State Finance Ministers, and   requested for inclusion of Power Sector in GST regime so that input tax credits can be availed and the cost of power is not significantly impacted with the introduction of the GST regime.

30 Jan 2013: APP wrote to the Secretary, Ministry of Power highlighting the failure of the payment security mechanisms in the case of the Mundra UMPP project and requested that appropriate precautions be taken to avoid a repeat occurrence, including sensitizing the system operators to the PPA provisions under such scenarios and ensuring the new SBDs are more robust in this regard.

29 Jan 2013: APP letter addressed to the Secretary, Ministry of Power requested for sharing of the updated Model PPA before placement for consideration of the EGoM on Ultra Mega Power Projects.

28 Jan 2013: APP wrote to the Secretary, Department of Revenue, Ministry of Finance to suggest a mechanism for power plants to avail the benefit of Customs Duty exemption on LNG while ensuring that the LNG is actually spent on power generation.

24 Jan 2013: A small delegation of APP members met the Secretary, Department of Revenue, Ministry of Finance to discuss APP’s suggestions  for Union Budget 2013-14 in detail.

23 Jan 2013: It was brought to the notice of APP that CIL subsidiaries were refusing to consider the Ministry of Power advisory regarding delivered capacity to be grossed up by 10% to account for auxiliary consumption and transmission losses for the purpose of coal supplies under the FSA. Accordingly APP wrote to the Secretary, Ministry of Coal to take up the matter urgently with CIL.

22 Jan 2013: Considering the reported availability of 6 mmscmd of non-APM domestic gas from ONGC fields in the Western and Eastern regions of India, APP wrote to the Hon’ble Minister of Petroleum and Natural Gas and the PMO requesting for allocation of such additional supplies to the stranded power capacity of 8,700 MW to enable operations at the earliest.

18 Jan 2013:  APP wrote to the Hon’ble Union Minister of New and Renewable Energy and requested for time extension by 12 months for commissioning of Solar Thermal Projects awarded under JNNSM Phase 1 Batch 1 in view of conditions beyond the reasonable control of the developers.

18 Jan 2013: In light of a year having passed by since a delegation of heads of the APP member companies met the Hon’ble Prime Minister, APP wrote to the Hon’ble Prime Minister to apprise him of the present fuel availability scenario for the power sector and requested for another meeting to assist in taking stock of the situation.

11 Jan 2013: APP letter addressed to Secretary, Ministry of Power outlined infirmities in the treatment of pricing of imported coal from captive mines outside India, treatment of pricing of coal from domestic captive mines and treatment of fixed charge escalation in the proposed Model PPA and gave alternate suggestions on the same.

09 Jan 2013: Referring to the Hon’ble Finance Minister’s 2011-12 Union Budget speech where he had announced that Ash Disposal System, Water Intake Facilities and Coal Transportation Facilities for Mega and Ultra Mega Power Projects would be exempt from both Customs and Excise Duties, APP requested the Finance Ministry that necessary clarification under Customs Act giving effect retrospectively (w.e.f 01st March 2011) be issued.

02 Jan 2013: APP wrote to Secretary, Department of Revenue, Ministry of Finance and requested for extension of Section 80IA benefits for power sector till the end of the 12th Plan period.

26 Dec 2012: In light of the MoEF Memorandum dated 19th Dec which provided for a one time increase in mine production capacity, APP requested the Ministry of Coal for issuing guidelines for granting capacity flexibility of end use plant on account of expansion of coal mining project and expeditious formulation of a comprehensive surplus coal policy.

26 Dec 2012: APP provided the Hon’ble Minister of State (I/C) for Power with brief notes on Termination provisions and concerns in the proposed Model PPA along with alternate formulations of the concerned clauses.  APP also highlighted certain concerns with the technical provisions in the PPA, which were not in conformity with CEA guidelines, CERC norms and grid code.

26 Dec 2012: APP wrote to the Hon’ble Minister for Petroleum & Natural Gas to offer its views on the positive takeaways, constructive suggestions and implementation roadmap on the Rangarajan Committee report.

20 Dec 2012: APP wrote to Hon.Union Minister of State for Power (IC) and repeated its earlier request for exception to upcoming gas based power plants in accounting treatment on Capitalization of Borrowing and other fixed costs incurred during suspension of work due to reasons beyond the control of Power Project developers.

17 Dec 2012: APP wrote to the Hon'ble Minister of Finance with key suggestions on the Draft Coal Regulatory Authority Bill on pricing principles and other areas for the meeting of the GOM scheduled for 18th Dec 2012.

14 Dec 2012: APP letter to Secretary, Ministry of Power, reiterated the previous request made regarding omissions from the list of 60,000 MW for coal supplies under FSA and the need to review the list accordingly so that all projects scheduled for commissioning by 2015 can be included in the list.

13 Dec 2012: APP provided suggested modifications in the Case 1 standard PPA to the Ministry of Power in light of the ongoing exercise of new standard bidding documents being framed by the Ministry of Power.

11 Dec 2012: In the wake of recent reluctance exhibited by CIL to provide coal under tapering linkages to certain plants who have Letter of Assurance (LoAs) issued for such tapering supplies, APP requested the Ministry of Coal to issue necessary clarifications to Coal India to ensure such plants do not remain stranded for want of tapering supplies.

06 Dec 2012: APP provided its suggestions to the Finance Ministry on key issues likely to impact the power sector for suitable consideration in Budget 2013-14.

06 Dec 2012: APP letter to Hon'ble Finance Minster requested for a review of the Retrospective Amendment in Section 115JB of the Income Tax Act, 1961 in the Finance Bill 2012-13 in order to avoid retrospective applicability of MAT to Electricity Companies.

04 Dec 2012: APP provided further additional clarifications to Competition Commission of India to assist in ongoing investigation into the alleged abuse of dominant position by CIL while supplying coal to consumers under the provisions of the Competition Act, 2002

04 Dec 2012: In the matter of release of FDRs submitted by Developers for exemption of customs duty payable under provisional mega power project certification and substitution of the FDRs with Bank Guarantees, APP provided the Secretary, Department of Revenue, Ministry of Finance with details of the FDRs/Cash Deposits deposited by various member companies of APP.

04 Dec 2012: APP letter addressed to Secretary, Ministry of Power, requested the Government to devise a suitable mechanism for 'rationalization' of linkages in order to bring about greater efficiency in the supply of coal to power plants which are due for commissioning soon but will not be able to generate power for lack of linkages.

04 Dec 2012: APP wrote to the Hon'ble Union Finance Minister requesting for extension of tax holiday under Section 80 IA for Power Projects developed during 12th Five Year Plan to revive the recent slowdown in power sector investments.

29 Nov 2012: APP letter addressed to Deputy Chairman, Planning Commission and Member (Energy),Planning Commission outlined the critical concerns of the industry on the proposed Model PPA along with suggestions to tackle the concerns.26 Nov 2012: APP wrote to Additional Secretary, Ministry of Power with recommendations regarding treatment of fuel costs for captive block linked and imported coal projects for Case 2 bidding under the proposed Model PPA

23 Nov 2012: APP provided key suggestions to CERC regarding the suo-moto order issued by CERC on benchmark capital cost for solar PV and solar thermal projects for FY 2013-14 and CERC (Terms and Conditions for tariff determination from renewable energy sources) Regulations 2012

20 Nov 2012: APP letter to Secretary, Ministry of New and Renewable Energy requested for the Ministry's clarification on APP's earlier representation for allowing the Solar Thermal Plants awarded under JNNSM Batch I to meet their auxiliary power requirements from other renewable energy sources (including Solar Photovoltaic based power).

19 Nov 2012: Shri Ashok Khurana, Director General, APP met Shri Uma Shankar, Secretary, Ministry of Power in order to apprise him of APP's major concerns which still remained unaddressed in the Model PPA (version II) circulated by the Ministry of Power

19 Nov 2012: APP letter addressed to Hon.Prime Minister, Principal Secretary to Prime Minister, Deputy Chairman, Planning Commission and Secretary, Banking, Dept of Financial Services, identified certain immediate measures required to encourage investment in the Infrastructure Sector.

16 Nov 2012: APP wrote to Hon.Union Minister of State for Power (IC) and repeated its earlier request for exception to upcoming gas based power plants in accounting treatment on Capitalization of Borrowing and other fixed costs incurred during suspension of work due to reasons beyond the control of Power Project developers.

14 Nov 2012: APP letter to Joint Secretary to PM welcomed the recent initiatives at the PMO level to resolve some of the long outstanding issues related to the signing of FSAs and related concerns. The JS to PM was apprised of the major pending issues affecting the power sector viability, notably fuel adequacy related issues.

08 Nov 2012: APP wrote to the Principal Secretary to PM highlighting that there are many projects with existing LoAs which are due for commissioning by 2015 and the remaining 12th Plan period but do not feature in the list of 60,000 MW projects identified by CEA/MoP for signing of FSAs.  APP requested that such plants be included in the list for execution of FSAs.

08 Nov 2012: APP letter addressed to Secretay, Ministry of Power, requested the Government to devise a suitable mechanism for 'rationalization' of linkages in order to bring about greater efficiency in the supply of coal to power plants which are due for commissioning soon but will not be able to generate power for lack of linkages.

07 Nov 2012: Further to the representation to Secretary, Ministry of Power on 01st Nov 2012 regarding the concerns over differential treatment to IPPs and PSUs through different FSAs, APP furnished details of clause-wise variation in the FSAs between IPPs and PSUs.

06 Nov 2012: APP wrote to the Secretary, Department of Revenue, Ministry of Finance to remind him that while the Department of Revenue notifications bearing number 43/2012- Customs and 28/2012- Central Excise were issued to allow either Fixed Deposit Receipts or Bank Guarantee as security against exemption of custom duty payable under provisional mega power project certification, in many cases developers have not been able to secure the release of the FDRs submitted by them before the date of issue of the notifications in order to substitute the same with Bank Guarantees. 

06 Nov 2012: APP letter to Secretary, Ministry of New and Renewable Energy, outlined some suggestions for process simplification for issuance of Concessional Customs Duty Certificate to enable over 10,000 MW of upcoming and planned solar PV and CSP projects to be commissioned as per the stringent timelines of the National Solar Mission and various State utilities.

05 Nov 2012: APP supplied responses to the additional clarifications requested by Competition Commission of India regarding CCI's ongoing investigation against Coal India Ltd, Mahanadi Coalfields Ltd and Western Coalfields Ltd into the alleged abuse of their dominant position while supplying coal to consumers under the provisions of the Competition Act, 2002.

01 Nov 2012: APP wrote to Secretary, Ministry of Power, highlighting some of the major concerns with the model FSA as uploaded on CIL website. APP pointed out that the concept of differential FSAs for IPPs and PSUs was against the principles of natural justice  - equality of treatment.

01 Nov 2012: APP letter addressed to Additional Secretary, Ministry of Coal and Chairman, IMG, Smt Zohra Chatterji while welcoming the constitution of the IMG for undertaking periodic review of the allocated coal blocks, also highlighted the difficulties being faced by the developers in managing the process of statutory approvals within given timelines. The letter also outlined some suggestions on reducing delays in order to facilitate timely commencement of production from allocated captive coal blocks.

30 Oct 2012: APP wrote to Shri Veerappa Moily welcoming him on his new assignment as Hon. Union Minister for Petroleum & Natural Gas and laid out some suggestions on ways to ensure gas adequacy to the power sector. APP requested the Hon. Minister to provide support in proposing the suggested solutions to the Empowered Group of Ministers on Natural Gas to enable informed decision making.

30 Oct 2012: APP letter to Shri Sachin Pilot welcomed him on his new assignment as  Hon. Union Minister of State (Independent Charge) for Corporate Affairs. APP reiterated its earlier request for alteration in Accounting Standard 10 and Accounting Standard 16 in view of the unprecedented fuel and regulatory challenges faced by the power sector.

30 Oct 2012: APP wrote to Shri Jyotiraditya Madhavrao Scindia welcoming him on his new assignment as Hon.Union Minister of Power and apprised him of the pressing concerns related to fuel availability and pricing and the issues associated with the proposed model PPA circulated by the Ministry of Power.  

26 Oct 2012: APP letter addressed to Hon. Union Minister of Power reiterated APP's request for inclusion of PPAs executed by MoU route with host State Governments/their designated agencies, for availing 'Mega Status Benefits'.

25 Oct 2012: APP letter to Secretary, Dept of Financial Services, Ministry of Finance, reiterated APP's earlier requests in June 2012 for resolving various banking difficulties being faced by the power sector and for allowing refinancing of Bridge Finance by ECBs under Automatic Route. 

23 Oct 2012: APP requested the Chief Secretary, Govt of Rajasthan, for constitution of an institutional mechanism to address implementation/infrastructural issues being faced in execution of solar power projects in Rajasthan.

18 Oct 2012: Delegation from APP met the Director PMO, Shri Sanjay Lohia to put forth their concerns on the model PPA circulated by the Ministry of Power.

17 Oct 2012: Delegation from APP met CEA Chairman, Shri A.K. Bakshi to apprise him of their concerns on the model PPA circulated by the Ministry of Power. The delegation met the CERC Chairperson, Dr. Pramod Deo later in the day on the same subject.

11 Oct 2012: Shri Ashok Khurana participated in a panel discussion on "Indian Coal Story - Current Challenges and Future Outlook" organized by the Associated Chambers of Commerce and Industry of India jointly with Financial Journalists Club, Kolkata at the Hotel Oberoi Grand at Kolkata

09 Oct 2012: APP letter to Secretary, Ministry of Power and Additional Secretary, Ministry of Power made a request for conceptual deliberations on the model PPA to finalize the macro structural issues before moving into the drafting stage.

08 Oct 2012: APP letter to Secretary, Department of Economic Affairs, Ministry of Finance, requested for flexibility in financing of promoter's equity for domestic acquisition with regards to the RBI Master Circular on Loans and Advances

04 Oct 2012: Clarification was requested from Secretary, Ministry of Corporate Affairs, regarding the definition of 'power companies' in the MCA's Circular No. 16/2012 dated July 06, 2012 with regards to filing of accounts in XBRL taxonomy.

28 Sep 2012: APP letter addressed to Principal Secretary to Prime Minister requested for a meeting with the Hon'ble Prime Minister at his convenience to discuss the status of the major issues facing the power sector and suggestions on resolution.

28 Sep 2012: APP letter addressed to Principal Secretary to Prime Minister requested for a joint meeting with Ministry of Power and Ministry of Petroleum and Natural Gas to discuss possible solutions for allotment of domestic natural gas to the power sector, to ensure that 24,000 MW of stranded gas based generation capacity becomes operational at the earliest.

28 Sep 2012: APP letter to Hon. Minister of Power reiterated a request for alteration in Accounting Standards (AS 10 and AS 16) in view of the unprecedented fuel and regulatory challenges faced by the power sector.

21 Sep 2012: APP letter addressed to Secretary, Department of Economic Affairs, Ministry of Finance, made a request for modification of extant guidelines for External Commercial Borrowings(ECBs) for trade credit for infrastructure sector.

18 Sep 2012: APP wrote to Hon'ble Minister of Petroleum and Natural Gas, Hon'ble Minister of Power, Hon'ble Finance Minister, Chairman, Empowered Group of Ministers on Utilization and Pricing of Natural Gas and Deputy Chairman, Planning Commission requesting for convening a meeting of the Empowered Group of Ministers at the earliest to provide a way forward to ensure gas availability to the power sector.

18 Sep 2012: APP letter addressed to Hon'ble Minister of Power outlined the various fuel related issues impeding the progress of the power sector and provided suggestions for consideration of the Ministry to be taken up in order to provide momentum to the sector.

18 Sep 2012: In response to a letter received from Ministry of Power, APP provided inputs in the matter of "Balance Sheet and Profit & Loss Accounts" in eXtensible Business Reporting Language (XBRL) for forward transmission to the Ministry of Corporate Affairs.

31 Aug 2012: APP Delegation comprising of Promoters, CEOs and MDs met the Energy Minister, Shri Veerappa Moily, to apprise him regarding the various issues being faced by the private power developers.

 

(This section is under development)

 

 

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