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Case No. 38 of 2014
Final Order in the matter of Petition filed by Maharashtra State Electricity Distribution
Company Limited for approval of Truing up for FY 2011-12 and FY 2012-13, carrying
cost for delayed approvals, revision in cross subsidy surcharge and Additional Energy
Charge for recovery thereof
ORDER
Dated: 11 June, 2014
Maharashtra State Electricity Distribution Company Limited, a distribution licensee in
Maharashtra under the meaning of Section 14 of the Electricity Act, 2003, submitted a
Petition on 27 January, 2014, seeking final Truing up for the years FY 2011-12 and FY 201213, approval of carrying costs on delayed allowances, approval of Additional Energy Charges
for recovery of the Trued up amount along with the carrying costs and determination of cross
subsidy surcharge based on the Truing up. It further submitted a revised Petition on 6
February, 2014 amending its prayers to seek immediate admittance of the Petition and grant
of interim financial relief before final dispensation of its main Petition. This Petition was
registered as Case No. 38 of 2014.
The Petitioner stated that it submitted the Petition under the provisions of Maharashtra
Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2005. It
also stated that it sought the interim relief under the provisions of Section 94(2) of the
Electricity Act, 2003. Following prayers were made by the Petitioner in its Petition:
1. To immediately admit the Petition seeking Final True up of FY 2011-12 and Final
True Up of FY 2012-13 as per the provisions of MERC (Terms and Conditions of
Tariff) Regulations, 2005;
Order in Case No 38 of 2014
Page 1 of 148
Accordingly, the Commission, in exercise of the powers vested in it under Section 61 and
Section 62 of the Electricity Act, 2003 and all other powers enabling it in this behalf, and
after taking into consideration submissions made by MSEDCL, suggestions and objections of
the public, and responses of MSEDCL thereto, issues raised during the Public Hearing, and
all other relevant material, hereby conducts the final True Up for FY 2011-12 and FY 201213.
Page 2 of 148
Table of Contents
BACKGROUND ............................................................................................................................................ 11
ADMISSION OF THE PETITION AND REGULATORY PROCESS ................................................................................... 13
INTERIM RELIEF ........................................................................................................................................... 14
ORGANISATION OF THE ORDER ...................................................................................................................... 15
MAJOR OBJECTIONS ALREADY CONSIDERED IN THE INTERIM RELIEF ORDER DATED 3 MARCH, 2014 ............................ 16
OPTION TO EXERCISE CHOICE BETWEEN CONTINUOUS AND NON-CONTINUOUS TYPE OF SUPPLY BY CONSUMERS CONNECTED
ON EXPRESS FEEDERS ............................................................................................................................................. 16
2.3 RECONSIDERATION/ REVIEW OF THE CONCEPT OF EXPRESS FEEDER AND NON-EXPRESS FEEDER .................................. 17
2.4 FRAMING OF BASIC TARIFF STRUCTURE/ CATEGORY FOR EHV CONSUMERS ............................................................. 18
2.5 POWER PURCHASE COST ............................................................................................................................... 18
2.6 CARRYING COST .......................................................................................................................................... 20
2.7 GOMS DECISION REGARDING REDUCTION IN ELECTRICITY RATES ........................................................................... 21
2.8 INTEREST ON RLC AND REFUND OF ELECTRICITY DUTY ON ASC ............................................................................ 22
2.9 HIGH TARIFF RATE FOR INDUSTRIES ................................................................................................................. 23
2.10
HIGH O&M COSTS ................................................................................................................................. 24
2.11
BAD DEBT/ ARREARS .............................................................................................................................. 25
2.12
CAPITAL EXPENDITURE............................................................................................................................. 28
2.13
RETURN ON EQUITY CAPITAL .................................................................................................................... 29
2.14
INTEREST ON WORKING CAPITAL ............................................................................................................... 29
2.15
PGCIL CHARGES .................................................................................................................................... 30
2.16
POWER PURCHASE FROM RENEWABLE ENERGY SOURCES ............................................................................... 31
2.17
INDUSTRIAL SALES .................................................................................................................................. 31
2.18
ISSUE OF TARIFF IN MPECS AREA .............................................................................................................. 32
2.19
CHANGE IN CONSUMER CATEGORY ............................................................................................................ 33
2.20
LACK OF CLARITY ABOUT IMPACT OF RELIEF ON THE TARIFF.............................................................................. 34
2.21
CLASSIFICATION OF ALL EXPENSES AS UNCONTROLLABLE ................................................................................. 34
2.22
TARIFF APPLICABLE TO AGRICULTURE CATEGORY ........................................................................................... 35
2.23
MSEDCL AND MSPGCL ACCOUNTS NOT MATCHING ................................................................................... 36
2.24
TRANSMISSION CHARGES.......................................................................................................................... 36
2.25
NON CONSIDERATION OF RS. 2000 CRORE TOWARDS REVENUE FOR FY 2012-13 .............................................. 37
2.26
ENERGY BALANCE ................................................................................................................................... 38
2.27
CONSIDERATION OF REGULATORY ASSETS FOR FY 2012-13 AS REVENUE.......................................................... 40
2.28
CROSS SUBSIDY SURCHARGE ..................................................................................................................... 41
2.29
CROSS SUBSIDY SURCHARGE AND GOM DECISION: ....................................................................................... 42
2.30
ROAD MAP FOR CROSS SUBSIDY REDUCTION: ................................................................................................ 42
2.31
NON-FILING OF MYT PETITION: ................................................................................................................ 42
2.32
OPEN ACCESS ........................................................................................................................................ 43
2.33
TOD REBATE ......................................................................................................................................... 43
2.34
VOLTAGE SURCHARGE ............................................................................................................................. 44
2.35
LOAD FACTOR AND POWER FACTOR INCENTIVE ............................................................................................ 44
2.36
AGRICULTURAL CONSUMPTION ................................................................................................................. 44
2.37
LOAD SHEDDING..................................................................................................................................... 45
Page 3 of 148
BACKGROUND ............................................................................................................................................ 47
SALES FOR FY 2011-12 ............................................................................................................................... 47
ENERGY BALANCE AND DISTRIBUTION LOSS ....................................................................................................... 50
POWER PURCHASE COST ............................................................................................................................... 53
TRANSMISSION CHARGES AND SLDC CHARGES FOR FY 2011-12.......................................................................... 59
O&M EXPENSES FOR FY 2011-12 ................................................................................................................. 59
CAPITAL EXPENDITURE AND CAPITALISATION FOR FY 2011-12 ............................................................................. 67
DEPRECIATION FOR FY 2011-12 ................................................................................................................... 71
INTEREST EXPENSES...................................................................................................................................... 72
INTEREST ON WORKING CAPITAL AND CONSUMERS SECURITY DEPOSITS AND OTHER INTEREST AND FINANCE CHARGES
75
INCENTIVES AND DISCOUNTS..................................................................................................................... 77
OTHER EXPENSES .................................................................................................................................... 78
RLC REFUND ......................................................................................................................................... 79
ASC REFUND ......................................................................................................................................... 79
PROVISION FOR BAD DEBTS ...................................................................................................................... 80
CONTRIBUTION TO CONTINGENCY RESERVES ................................................................................................ 81
PRIOR PERIOD CHARGES .......................................................................................................................... 81
RETURN ON EQUITY (ROE) ....................................................................................................................... 83
INCOME TAX.......................................................................................................................................... 84
NON TARIFF INCOME .............................................................................................................................. 85
INCOME FROM WHEELING CHARGES ........................................................................................................... 85
REVENUE FROM SALE OF POWER ................................................................................................................ 86
SHARING OF EFFICIENCY GAINS & LOSSES FOR FY 2011-12 DUE TO CONTROLLABLE FACTORS .............................. 87
AGGREGATE REVENUE REQUIREMENT AND REVENUE GAP FOR FY 2011-12 AFTER TRUING UP ............................. 89
Page 4 of 148
4.21
4.22
4.23
4.24
4.25
5
INCOME FROM WHEELING CHARGES, CROSS-SUBSIDY SURCHARGE AND OPEN ACCESS ....................................... 122
REVENUE FROM SALE OF POWER FOR FY 2012-13..................................................................................... 123
SHARING OF EFFICIENCY GAINS AND LOSSES FOR FY 2012-13 ....................................................................... 124
OTHER CLAIMS AND ORDERS IMPACTING THE REVENUE GAP OF MSEDCL ....................................................... 126
AGGREGATE REVENUE REQUIREMENT AND REVENUE GAP FOR FY 2012-13 AFTER TRUING UP ........................... 127
CONSOLIDATED REVENUE GAP FOR AFTER TRUING UP OF FY 2011-12 AND FY 2012-13 ...................................... 129
REVENUE GAP RECOVERY MECHANISM ......................................................................................................... 129
CROSS SUBSIDY SURCHARGE........................................................................................................................ 130
COMPLIANCE WITH DIRECTIVES .................................................................................................................... 130
DIRECTIVES IN THIS ORDER .......................................................................................................................... 130
Page 5 of 148
List of Tables
Table 1: Consolidated revenue gap for MSEDCL approved in Case No. 19 of 2012 .................................... 12
Table 2: Summary of Revenue Gap for FY 2011-12 and FY 2012-13 submitted by MSEDCL ....................... 13
Table 3: Total amount claimed by MSEDCL for Truing up ........................................................................... 13
Table 4: Total Interim relief approved for MSEDCL in Case 38 of 2014 ....................................................... 14
Table 5: Variation in heads of expenditure as submitted by Urja Prabodhan Kendra (Rs. crore) ............... 24
Table 6: Variation in RoE as submitted by Urja Prabodhan Kendra (Rs. crore) ........................................... 29
Table 7: Variation in Interest on Working Capital as submitted by FIA (Rs. crore) ..................................... 29
Table 8: Details of estimated, approved and actual charges paid to PGCIL as submitted by MSEDCL ....... 31
Table 9: Growth of Industrial category as submitted by MSEDCL ............................................................... 32
Table 10: Year wise Tariff applicable to Agriculture category as submitted by MSEDCL ............................ 35
Table 11: Summary of workings provided by Tata Motors ......................................................................... 37
Table 12: Details provided by MSEDCL ........................................................................................................ 38
Table 13: Sales and Revenue for FY 2011-12 as submitted by MSEDCL ...................................................... 47
Table 14: Agriculture Category Consumer details as submitted by MSEDCL .............................................. 49
Table 15: Sales for FY 2011-12 (MU) ........................................................................................................... 50
Table 16: Source wise ZLS Power Purchase as submitted by MSEDCL ........................................................ 50
Table 17: Details of power purchase from traders for FY 2011-12 as submitted by MSEDCL ..................... 50
Table 18: Energy Balance Statement for FY 2011-12 as submitted by MSEDCL and as approved by the
Commission ................................................................................................................................................. 52
Table 19: Source wise break - up of power purchase cost for FY 2011-12 .................................................. 54
Table 20: Details of other adjustments as submitted by MSEDCL ............................................................... 56
Table 21: Details of RPO as submitted by MSEDCL ..................................................................................... 57
Table 22: Procurement from NCE sources for FY 2011-12 as per MSEDCL .................................................. 57
Table 23: Power purchase expenses for FY 2011-12 (Rs. crore) .................................................................. 59
Table 24: Transmission charges including SLDC charges for FY 2011-12
(Rs. crore) .............................. 59
Table 25: Analysis of employee expenses for FY 2011-12 ........................................................................... 60
Table 26: Bifurcation of amount of leave encashment for FY 2011-12 as provided by MSEDCL (Rs. crore) 62
Table 27: Details of amount of gratuity payment made to employees in FY 2011-12 as provided by
MSEDCL (Rs. crore) ...................................................................................................................................... 62
Table 28: Employee expenses for FY 2011-12 (Rs. crore) ............................................................................ 63
Table 29: Analysis of A&G expenses for FY 2011-12 ................................................................................... 64
Table 30: Details of A&G expenses having sizeable change over previous year to FY 2011-12 as provided
by MSEDCL (Rs. crore) ................................................................................................................................. 65
Table 31: Break up of expenses booked under head others as submitted by MSEDCL ............................... 66
Table 32: Approved A&G expenses for FY 2011-12
(Rs. crore)............................................................... 66
Table 33: Approved R&M expenses for FY 2011-12 .................................................................................... 67
Table 34: DPR schemes in FY 2011-12 (Rs. crore)........................................................................................ 67
Table 35: Non-DPR schemes in FY 2011-12 (Rs. crore) ................................................................................ 69
Table 36: Capitalisation for FY 2011-12
(Rs. crore) ................................................................................ 71
Table 37: Depreciation for FY 2011-12 (Rs. crore) .................................................................................. 72
Table 38: Details of GoM loans (RGGVY loans) as provided by MSEDCL (Rs. crore) ................................... 73
Table 39: Funding patter of capital expenditure as per audited accounts of MSEDCL (Rs. crore) .............. 73
Table 88: Funding Pattern submitted by MSEDCL and approved by the Commission for FY 2011-12 ........ 74
Table 42: Interest expense for FY 2011-12 (Rs. crore)............................................................................. 75
Table 43: Detailed break up of Finance Charges as submitted by MSEDCL ................................................ 75
Page 6 of 148
Table 44: Interest on working capital, other interest and finance charges including interest on consumers'
security deposit for FY 2011-12 (Rs. crore) .................................................................................................. 77
Table 45: Incentives/ Discounts for FY 2011-12 (Rs. crore) ..................................................................... 78
Table 46: Break up of other expenses incurred in FY 2011-12 (Rs. crore) ............................................... 78
Table 47: Other expenses for FY 2011-12
(Rs. crore) ............................................................................. 79
Table 48: RLC Refund for FY 2011-12
(Rs. crore) .................................................................................... 79
Table 49: ASC Refund for FY 2011-12
(Rs. crore) ................................................................................... 80
Table 50: Provision for bad debts for FY 2011-12
(Rs. crore) ................................................................. 81
Table 51: Contribution to contingency reserves for FY 2011-12.................................................................. 81
Table 52: Break up of prior period charges for FY 2011-12 as submitted by MSEDCL ................................ 82
Table 53: Prior Period Expenses for FY 2011-12 (Rs. crore) .................................................................... 83
Table 54: Return on equity for FY 2011-12 (Rs. crore) ................................................................................ 84
Table 55: Income Tax for FY 2011-12 (Rs. crore) .................................................................................... 85
Table 56: Non-Tariff Income for FY 2011-12 (Rs. crore) .......................................................................... 85
Table 57: Income from Wheeling Charges for FY 2011-12
(Rs. crore)................................................... 85
Table 58: Details of unbilled revenue for FY 2011-12 (Rs. crore) ............................................................ 86
Table 59: Revenue from sale of power for FY 2011-12 (Rs. crore) ............................................................. 87
Table 60: Efficiency gain/ (loss) due to O&M expenses for FY 2011-12 (Rs. crore) ..................................... 88
Table 61: Efficiency loss due to Interest on Working Capital for FY 2011-12 (Rs. crore) ............................. 88
Table 62: Efficiency gain due to lower distribution losses in FY 2011-12 .................................................... 89
Table 63: Summary of Efficiency Gain/ (loss) to be considered in ARR for FY 2011-12 (Rs. crore) .............. 89
Table 64: Aggregate Revenue Requirement for FY 2011-12 (Rs. crore) .................................................. 90
Table 65: Aggregate Revenue Requirement as submitted by MSEDCL for FY 2012-13 ............................... 91
Table 66: Sales and Revenue for FY 2012-13 as submitted by MSEDCL ...................................................... 93
Table 67: Statistics of Metered and Unmetered Agricultural consumers as on March 2014 ...................... 94
Table 68: Bifurcation of feeders having agricultural consumers ................................................................. 94
Table 69: MSEDCL Roadmap for metering unmetered agricultural consumers .......................................... 94
Table 70: Energy Sales for FY 2012-13 ........................................................................................................ 95
Table 71: Energy Balance Statement for FY 2012-13 as submitted by MSEDCL and approved by the
Commission ................................................................................................................................................. 97
Table 72: Source-wise break-up of power purchase cost for FY 2012-13 .................................................... 98
Table 73: Comparison of Power Purchase for FY 2012-13 .......................................................................... 99
Table 74: MSEDCL submission towards Renewable Purchase Obligation for FY 2012-13 (in MU) ........... 101
Table 75: Power Purchase Expense for FY 2012-13 ................................................................................... 102
Table 76: Transmission charges including SLDC charges for FY 2012-13 .................................................. 102
Table 77: Analysis of Employee Expenses ................................................................................................. 103
Table 78: Applicable rates of Dearness Allowance .................................................................................... 104
Table 79: Employee Expense for FY 2012-13 ............................................................................................. 105
Table 80: Analysis of Employee Expenses ................................................................................................. 106
Table 81: A&G Expense for FY 2012-13 ..................................................................................................... 107
Table 82: R&M Expense for FY 2012-13 .................................................................................................... 108
Table 83: Scheme-wise Capitalisation for FY 2012-13............................................................................... 109
Table 84: Capitalisation for FY 2012-13 (Rs. crore) .................................................................................. 111
Table 85: Capitalisation under no specific scheme and under schemes for FY 2012-13 ........................... 111
Table 86: Depreciation for FY 2012-13 ...................................................................................................... 112
Table 87: Interest Expense submitted by MSEDCL for FY 2012-13 ............................................................ 113
Table 88: Funding Pattern submitted by MSEDCL and approved by the Commission for FY 2012-13 ...... 114
Table 89: Interest on long-term debt for FY 2012-13 ................................................................................ 114
Table 90: Interest on Working Capital, Consumers Security Deposit and other interest and finance
Page 7 of 148
Page 8 of 148
List of Abbreviations
Abbreviation
AAD
A&G
ABR
AFC
AS
ASC
ATE
BEST
CAGR
CBA
CERC
CPI
CPP
Commission/ MERC
CSS
CWIP
DA
DPC
EHV
ESO
FAC
FY
GFA
GoMWRD
HT
IDC
InSTS
kVA
kW
kWh
LT
MCCIA
MEDA
MIDC
MPECS
MSEDCL
MSETCL
MSPGCL
MU
MYT
NCE
NPCIL
NTPC
Expansion
Advance Against Depreciation
Administration and General
Average Billing Rate
Annual Fixed Cost
Accounting Standard
Additional Supply Charge
Appellate Tribunal for Electricity
Brihanmumbai Electric Supply and Transport
Compounded Annual Growth Rate
Cost Benefit Analysis
Central Electricity Regulatory Commission
Consumer Price Index
Captive Power Plant
Maharashtra Electricity Regulatory Commission
Cross Subsidy Surcharge
Capital Work in Progress
Dearness Allowance
Delayed Payment Charges
Extra High Voltage
Energy Sent Out
Fuel Adjustment Cost
Financial Year
Gross Fixed Assets
Government of Maharashtra Water Resources Department
High Tension
Interest During Construction
Intra-State Transmission System
Kilo Volt Ampere
Kilo Watt
Kilo Watt Hour
Low Tension
Mahratta Chamber of Commerce, Industries and Agriculture
Maharashtra Energy Development Agency
Maharashtra Industrial Development Corporation
Mula Pravara Electric Co-operative Society
Maharashtra State Electricity Distribution Company Limited
Maharashtra State Electricity Transmission Company Limited
Maharashtra State Power Generation Company Limited
Million Units
Multi Year Tariff
Non Conventional Energy
Nuclear Power Corporation of India Limited
National Thermal Power Corporation Limited
Page 9 of 148
Abbreviation
O&M
PGCIL
PPA
POC
RBI
REL
RGGVY
RGPPL
RLC
RPO
RoE
SLDC
SoP
STU
TSSIA
TPC
TVS
UI
UMPP
VCCI
VIA
VRS
WPI
ZLS
Expansion
Operation and Maintenance
Power Grid Corporation of India Limited
Power Purchase Agreement
Point of Connection
Reserve Bank of India
Reliance Energy Limited
Rajiv Gandhi Gram Vidyutikaran Yojana
Ratnagiri Gas and Power Private Limited
Regulatory Liability Charge
Renewable Purchase Obligation
Return on Equity
State Load Despatch Centre
Standard of Performance
State Transmission Utility
Thane Small Scale Industries Limited
The Tata Power Company Limited
Technical Validation Session
Unscheduled Interchange
Ultra Mega Power Project
Vidarbha Chamber of Commerce and Industries
Vidarbha Industries Association
Voluntary Retirement Scheme
Wholesale Price Index
Zero Load Shedding
Page 10 of 148
1
1.1
1.1.1 The Petitioner, MSEDCL, is a Company formed under the Government Resolution
No. ELA-1003/P.K.8588/Bhag-2/Urja-5 dated 24 January, 2005, of the Government
of Maharashtra, with effect from 6 June, 2005 according to the provisions envisaged
in Part XIII of the Electricity Act, 2003. The provisional Transfer Scheme was
notified under Section 131(5)(g) of the EA 2003 on 6 June, 2005, which resulted in
the creation of the following four successor Companies and MSEB Residual
Company, from the erstwhile Maharashtra State Electricity Board (MSEB), namely,
a) MSEB Holding Company Limited;
b) Maharashtra State Power Generation Company Limited (MSPGCL);
c) Maharashtra State Electricity Transmission Company Limited (MSETCL); and
d) Maharashtra State Electricity Distribution Company Limited (MSEDCL).
1.1.2 Multi Year Tariff (MYT) Regulations, 2011: On 4 February, 2011, the Commission
notified the Maharashtra Electricity Regulatory Commission (Multi Year Tariff)
Regulations, 2011 (hereinafter referred to as the MYT Regulations, 2011). These
Regulations were to be applicable for determination of Tariff from 1 April, 2011 and
onwards up to FY 2015-16 for all existing and future Generating Companies,
Transmission Licensees and Distribution Licensees in the State of Maharashtra.
1.1.3 Exemption from MYT Regulations, 2011 (Case No. 24 of 2011): MSEDCL
submitted a Petition on 22 February, 2011 under Section 94 (2) of the EA 2003 and
Regulation 85 (a) of the MERC (Conduct of Business) Regulations, 2004, Regulation
4.1 and Regulations 99 and 100 of the MYT Regulations, 2011, seeking exemption
from the determination of Tariffs under MYT Regulations, 2011. On this Petition
filed by MSEDCL, an exemption was granted to MSEDCL, under Regulation 4.1 of
the MYT Regulations, 2011, vide the Commissions Order dated 23 August, 2011 in
Case No. 24 of 2011, for two years (till 31 March, 2013) from the determination of
Tariff under the MYT Regulations, 2011. Furthermore, an amendment to the MYT
Regulations, 2011 was notified on 21 October, 2011, in which the distribution
licensees who have been exempted for certain periods from the determination of
Tariff under the MYT Regulations, 2011, were permitted to continue to file ARR and
Tariff applications under the Tariff Regulations, 2005.
1.1.4 MSEDCL vide letter no. SE/TRC/MYT FY 13-16/2258 dated 22 January 2014 had
requested the Honble Commission for extension for submission of MYT Petition for
Second Control Period for one year considering the uncertainty in the electricity
market in India and the difficulty in correct prediction of power purchase, sales and
thereby annual revenue requirement. The Commission had rejected MSEDCLs
prayer and directed MSEDCL to submit its MYT Petition by 31 May, 2014 without
any further delay.
Order in Case No 38 of 2014
Page 11 of 148
1.1.5 However, based on the Commissions Order in Case No. 24 of 2011, and Regulation
102 of the MYT Regulations, 2011 on transitory provisions, the present Petition filed
by MSEDCL for the Truing up of FY 2011-12 and FY 2012-13 would be governed
under the Tariff Regulations, 2005.
1.1.6 Order in Case No. 19 of 2012 for Truing up for FY 2010-11, determination of ARR of
FY 2011-12 and FY 2012-13, determination of Tariff for FY 2012-13, and revision in
schedule of charges: The Commission issued the Order on the above on 16 August,
2012 and approved revised tariffs with effect from 1 August, 2012. The consolidated
gap and as approved by the Commission in Case No. 19 of 2012 is shown below.
Table 1: Consolidated revenue gap for MSEDCL approved in Case No. 19 of 2012
Rs. crore
S.No. Particulars
1
2
3
As submitted
by MSEDCL
Gap of FY 2010-11
Gap of FY 2011-12
Gap of FY 2012-13
Capitalisation disallowed by the
Commission for FY 2008-09
Gap approved to be uncovered for FY
2010-11 (as approved in Case 100 of
2011)
Honble ATE Judgment (124 of 2010)
610
230
4
5
9
10
11
Approved by the
Commission
(491)
2,853
3,351
(767)
1,429
5,932
237
228
405
405
427
427
Considered in
Sr. No. 2, 3
Considered in
Sr. No. 3
NA
750
NA
(1,483)
7,623
6,921
1.1.7 Order in Case No. 28 of 2013 and Case No. 44 of 2013: The Commission vide
Order dated 3 September, 2013 allowed MSPGCL to recover Rs. 735.34 crore
towards impact of Honble ATE Judgement on Case 107 of 2011 and 69 of 2011. The
Commission vide Order in Case No. 44 of 2013 approved the revised fixed cost and
energy charges for Khaperkheda Unit 5 for FY 2012-13. MSEDCL was also allowed
to recover these costs from consumers under the appropriate mechanism approved in
the respective Orders.
1.1.8 Suo-moto determination of supplemental charges of MSEDCL in Case No. 95 of
2013: The Commission vide Order dated 5 September, 2013 allowed MSEDCL to
recover additional costs arising on account of various Order issued by the
Commission post the Order in Case No. 19 of 2012. MSEDCL was allowed to recover
Order in Case No 38 of 2014
Page 12 of 148
Rs. 2,037.78 crore towards additional expenses accrued till August 2013.
1.1.9 Summary of the revenue gap for FY 2011-12 and FY 2012-13 as sought by MSEDCL
following Truing up, is tabulated below. Over and above the revenue gap of each of
these years, The background leading to the filing of the present Petition is discussed
in the following paragraphs.
Table 2: Summary of Revenue Gap for FY 2011-12 and FY 2012-13 submitted by MSEDCL
Rs. crore
FY 2011-12
FY 2012-13
Approved Actual
Particulars
Aggregate Revenue
Requirement from
Retail Tariff
Net Revenue
Revenue Gap
39,243
41,786
2,543
50,049
37,814
1,429
39,221
2,566
1,407
1,136
50,049*
-
Diff
50,089
(320)
44,280 (6,129)
5,809
5,809
*Revenue including Rs. 1,483 crore allowed to be recovered separately in Order in Case No. 43 of 2012.
1.1.10 MSEDCL also added certain carrying costs for Truing up in this Petition. Total final
amount claimed by MSEDCL for Truing up is summarised below.
Table 3: Total amount claimed by MSEDCL for Truing up
Particulars
Rs. crore
2,223
4,722
1,317
1,051
9,312
1.2.1 Admission and Notification: MSEDCLs Petition was admitted on 6 February, 2014
by the Commission. As per the requirement under Section 64 of the EA 2003,
MSEDCL published a notice on 7 February, 2014 in the prescribed abridged form and
manner inviting suggestions and objections on its Petition. The notices were published
in two widely circulated Marathi (Lokmat and Sakal) newspapers and two widely
circulated English (The Times of India and DNA) newspapers. Further, as directed by
the Commission, MSEDCL made available the copies of the Executive Summary of
its Petition (in both English and Marathi version) and the full Petition admitted by the
Commission for inspection/ purchase by members of the public at MSEDCL's offices.
It was also made available on MSEDCL's website (www.mahadiscom.in) in free
downloadable format. The Executive Summary and Public Notice were also made
available on the website of the Commission (www.merc.gov.in) in downloadable
format.
Order in Case No 38 of 2014
Page 13 of 148
1.2.2 Public Hearing: A Public Hearing in the matter of Truing up and Interim Relief was
held at Centrum Hall, 1st Floor, Centre 1, World Trade Centre, Cuffe Parade, Colaba,
Mumbai -400 005 on 28 February, 2014. This hearing was attended by several
authorised consumer representatives, other stakeholders and public in general. The
Commission received written objections expressing concerns on several issues,
including Tariff of MSEDCL, Tariff categorisation, procedural issues, distribution
losses, sales projections, power purchase, cross-subsidy, schedule of charges, etc. The
list of objectors, who participated in the Public Hearing or submitted written
objections, is provided in Appendix- I.
1.2.3 The Commission has ensured that the due process, contemplated under law, was
followed at every stage meticulously to ensure transparency and public participation.
Adequate opportunity was given to all the persons concerned to submit their response
in the matter. Various objections that were raised on MSEDCLs Petition after issuing
the Public Notice both in writing as well as during the Public Hearings, along with
MSEDCLs response and the Commissions rulings have been summarised in Section
2 of this Order.
1.3
Interim Relief
1.3.1 The Commission vide Order dated 3 March, 2014 approved an Interim Relief of Rs
5,022 crore to MSEDCL against Rs. 9,312 crore claimed by MSEDCL. While passing
the Interim Relief Order the Commission had considered the major objections
received from various objectors. The interim relief is recoverable as Interim Charge
for a period of twelve (12) months starting 1 March, 2014. The interim relief
approved by the Commission, subject to approval of final True up for FY 2011-12
and FY 2012-13 is summarised below:
Table 4: Total Interim relief approved for MSEDCL in Case 38 of 2014
Rs. crore
Particulars
2,223
4,722
4,000
1,317
1,051
1,022
Page 14 of 148
Particulars
Total
1.4
9,312
5,022
1.4.1 For the sake of convenience, a list of abbreviations with their expanded forms has
been included at the beginning of this Order. Thereafter, this Order is organised in the
following Sections:
Section 1 of the Order provides a brief background of the process undertaken by the
Commission;
Section 2 of the Order summarises the various objections raised by the objectors in
writing as well as during the Public Hearings before the Commission. Each of the
objections is followed by the response of MSEDCL and the ruling of the Commission
on each of the issues;
Section 3 of the Order details the Commissions analysis and decisions on the Final
Truing up sought by MSEDCL for FY 2011-12;
Section 4 of the Order details the Commissions analysis and decisions on the Final
Truing up sought by MSEDCL for FY 2012-13. The section also summarises the
consolidated revenue gap of MSEDCL for FY 2011-12 and FY 2012-13; and
Section 5 of the Order discusses about the final consolidated revenue gap, cross
subsidy surcharge and directives issued to MSEDCL in this Order.
Page 15 of 148
2.1
2.1.1 As mentioned earlier in paragraph 1.3.1, the Commission had already considered the
major objections in the Interim Relief Order passed on 3 March, 2014. These
objections were related to holding of Public Hearing in only one place deviating from
the usual practice of holding the public hearings in six different places, distribution
loss reported by MSEDCL including that of metering and consumption of agricultural
consumers, increase in O&M costs, and Interim Charges applicable to the HT Ports
category.
2.1.2 Since the Commission has already considered the above objections in the Interim
Relief Order, these are not repeated again in this final Order. It may also be noted that
certain directions were issued by the Commission in the Interim Relief Order in
relation to some of the objections mentioned above.
2.2
2.2.1 Dicitex Furnishings Ltd., M/s. Mudra Lifestyle Ltd., Arti Drugs Ltd. and others
submitted that the Commission vide its Order in Case No. 44 of 2008 dated 12
September, 2008 had clarified that industrial consumer connected on express feeder
has the absolute right regarding the option to exercise the choice between continuous
and non-continuous type of supply once in a year, within the first month after issue of
the Tariff Order for the relevant tariff period. Further, MSEDCL has not been filing
Petition for revision of Tariff and the Commission has been extending the Tariff
determined as per the Tariff Order in Case No. 19 of 2012. These objectors and others
requested the Commission to direct MSEDCL to allow HT I (Continuous category)
consumers the exercise of choice between continuous and non-continuous type of
supply on an urgent basis. Approval granted by the Commission to MSEDCL for
recovery of revenue gap through AEC be treated as Tariff determined by the
Commission. Failure of MSEDCL to accord approval beyond 7 days from date of
submission of request from Dicitex Furnishings Pvt. Ltd., M/s Mudra Lifestyle Ltd.,
Arti Drugs Ltd. and others to exercise its option of type of supply be treated as
automatic entitlement of being granted such approval from 8th day onwards.
MSEDCLs reply
2.2.2 MSEDCL submitted that it has been allowing the consumers to switch from
continuous to non-continuous category after following the due process in accordance
with the relevant terms and conditions and guidelines of the Commission. In case
there are multiple consumers on a continuous feeder and only one continuous
Order in Case No 38 of 2014
Page 16 of 148
2.3.1 Bharat Forge and Garware Polyester Ltd. submitted that Express feeder consumers
pay 15% higher rates than that paid by Non-express feeder consumers. This is based
on the logic that Non-express feeder consumers are not required to face load
shedding, get supply of electricity 24X7 and do not observe staggered holiday. This
Tariff philosophy was adopted by MERC/ MSEDCL at the time when Tariffs were
revised w.e.f. 1 June, 2008. However, GoM and MSEDCL have already declared in
January 2013 that, all the Industrial feeders in the State as load shedding free. Hence
classification on ground of load shedding and type of feeders in case of EHV/ HT
Industrial consumers does not hold good. Further, all express feeder consumers are
supposed to incur the total cost of providing such facility with 1.3% supervision
charges. Thus, the cost of infrastructure up to point o supply is fully borne by express
feeder consumers and not by MSEDCL. Considering this the energy rates of express
feeder consumers should be lower than those fixed for non-express feeder consumers.
MSEDCLs reply
2.3.2 MSEDCL submitted that the present Petition is for Final True Up of FY 2011-12 and
FY 2012-13. MSEDCL in the present Petition has not proposed any change in the
tariff philosophy or any change in the present tariff categorization. MSEDCL
submitted that the Commission in its earlier Orders has already defined the basis of
bifurcating Industrial category in to Express Feeder continuous and non-continuous
supply. In the present Petition MSEDCL has not suggested any change in basis for
bifurcation. The issue raised by the consumer pertains to re-categorisation of
consumers which is dealt in Tariff Petition. MSEDCL further submitted that the issue
Order in Case No 38 of 2014
Page 17 of 148
can be raised during next Tariff Petition as the current Petition doesnt propose any
Tariff philosophy or change in Tariff category.
Commissions ruling
2.3.3 The Commission has taken note of the suggestions/ objections raised. The issue raised
is related to Tariff Philosophy which is not within the scope of present Petition.
Therefore, it will be appropriate if the objector makes a separate submission in the
matter of MSEDCLs MYT determination exercise.
2.4
2.4.1 Bharat Forge submitted that in the present Tariff structure there is no separate Tariff
for EHV consumers and these consumers are considered in HT category. In the last
Tariff revision the Commission as a first step towards a separate Tariff for EHV
consumers granted 3% EHV rebate on energy charges to EHV consumers for whom
HT I Tariff is applicable. Bharat Forge submitted that this is a proper time to frame
a basic Tariff structure/ category for EHV consumers instead of giving EHV supply
rebate on energy charge. Further, the 3% EHV supply rebate given to EHV consumers
is on energy charges and TOD charges. Fuel Adjustment Charges (FAC) though are a
part of the energy charges, are not considered while computing the rebate. Bharat
Forge requested the Commission to direct MSEDCL to give 3% EHV supply rebate
on energy charge as well as on TOD charge and FAC. Further, the EHV supply rebate
is offered only if the consumer has no arrears with MSEDCL. The consumer
requested to review the condition stipulated in 3% EHV supply rebate clause as rebate
and arrears are two separate issues.
MSEDCLs reply
2.4.2 MSEDCL submitted that as per its Tariff Order for FY 2012-13 (Case No. 19 of
2012) it has allowed a rebate of 3% on Energy Charges to all consumers taking supply
at EHV level, i.e. at voltages of 66 kV and above. The present Petition is for Final
True up of FY 2011-12 and FY 2012-13. MSEDCL has not proposed any change in
the Tariff philosophy, in the present tariff categorization or in the other tariff
conditions related to incentives/discounts in the Petition.
Commissions ruling
2.4.3 The Commission has taken note of the suggestions/ objections raised. The
Commission views that the issues raised are not covered under the scope of the
current True up Petition and hence the issues may be raised during the exercise of
MYT Tariff determination of MSEDCL.
2.5
2.5.1 Bharat Forge submitted that power purchase from MSPGCL is made at higher rates.
This is attributable to low Plant Load Factor of power stations of MSPGCL resulting
in high generation cost. These high costs are ultimately proposed to be recovered from
Order in Case No 38 of 2014
Page 18 of 148
Page 19 of 148
Carrying cost
2.6.1 Bharat Forge submitted that MSEDCL has proposed to recover Carrying costs of
deferred approvals from the consumers. The consumers are not responsible for
deferred approvals but, are made to pay for it. Bharat Forge suggested that while
approving True up, arrears not recovered by MSEDCL for FY 2011-12 and FY 201213 be considered and amount of True up be reduced to the extent of arrears during this
period.
2.6.2 VIA, Federation of Industries Association and Urja Prabodhan Kendra submitted that
MSEDCL has claimed carrying cost of Rs. 1051 crore on Orders of MERC and
APTEL from 20 October, 2006 to 30 December, 2011. While approving these Orders
neither MERC nor the Honble APTEL approved any carrying cost. Allowing any
amount of carrying cost will be against the interest of consumers. Further, MSEDCL
is claiming Rs. 1317 crore of carrying cost in True up for FY 2011-12 and FY 201213. MSEDCL is responsible for not submitting Petitions on time hence these carrying
costs should not be allowed.
2.6.3 Prayas Energy Group submitted that the Petition includes carrying cost on deferred
recovery of Rs. 1051 crore which has been calculated considering amounts pertaining
to Orders dating from 2008. However in the intervening period several Tariff
revisions have occurred. No explanation has been provided in the Petition as to why
such costs were not recovered in the intervening period. It also highlighted that the
Petition includes carrying cost of Rs. 1317 crore on True up of FY 2011-12 and FY
Order in Case No 38 of 2014
Page 20 of 148
2012-13. As per the Tariff Regulations MSEDCL should have filed the Petition in
November 2012. Thus, MSEDCL has delayed submission of Petition by 14 months.
The carrying cost of Rs. 1317 crore could have been easily avoided by MSEDCL and
consumers do not have any role in this delay. Hence, this carrying cost should not be
imposed as Tariff burden on the consumers.
MSEDCLs reply
2.6.4 MSEDCL submitted that usually for power distribution companies the concept of
carrying cost pertains to the cost related to the expenses disapproved during the Tariff
determination process, but subsequently allowed either by the Commission after
review process or by the Appellate Authority in case the utility has contested the
original decision of the Commission. As a consequence of such belated approvals, the
servicing (through tariff) of such legitimately incurred cost however also gets delayed,
which further results in MSEDCL paying higher cost by way of interest on working
capital. Later on when such legitimately incurred costs are allowed, MSEDCL needs
to be simultaneously compensated for the time value of money lost during the
dormant period, when MSEDCL was prevented from recovery of such legitimately
incurred cost.
2.6.5 It is pertinent to note that MSEDCL is always required to incur the cost in advance i.e.
much before such recovery is allowed by MERC. This adds further to the hardships of
MSEDCL since those payments are made by defaulting on legitimate generation
payments. This has a severe cascading effect which at times makes it difficult for
generation companies (especially MSPGCL) to effect advance payment for coal
supply. This has happened practically in every True-up Petition and hence MSEDCL
has requested to permanently address this issue by allowing the carrying cost.
Accordingly, MSEDCL has sought the cost of carrying disallowed costs over the
years until approved by the appropriate Authority. These are all legitimate expenses
duly audited but the recovery of the same is delayed. Therefore, MSEDCL has
calculated the carrying cost at a rate of 12% p.a.
Commissions ruling
2.6.6 The Commission has explained its rationale for allowing carrying cost on delayed
recoveries in the Interim relief Order in Case No. 38 of 2014 dated 3 March 2014. The
rationale is based on the settled principle as per the Judgment of the Honble ATE in
Appeal No. 153 of 2009 in the matter of North Delhi Power Limited vs. Delhi
Electricity Regulatory Commission. However, the Commission has not allowed
MSEDCLs claim of carrying cost of Rs. 1317 crore on Truing up amount of FY
2011-12 & FY 2012-13. This has been discussed in paragraph 4.24.2 and 4.24.3 of
this Order.
2.7
2.7.1 Bharat Forge submitted that MSEDCLs Petition does not mention anything regarding
Order in Case No 38 of 2014
Page 21 of 148
2.8.1 Bharat Forge submitted that the issue of paying interest charges on the recovery of
RLC amount be finalised immediately and MSEDCL be directed to make necessary
provision in their ARR proposal. Bharat Forge also submitted that the refund of
Electricity Duty on the eligible amount of ASC refund has not been considered and
MSEDCL has not worked out/ considered the refund of electricity duty so far. Bharat
Forge requested the Commission to direct MSEDCL to refund the appropriate portion
of Electricity Duty after getting necessary sanctions from GoM.
MSEDCLs reply
2.8.2 MSEDCL submitted that the present Petition is for Final True up of FY 2011-12 and
FY 2012-13. MSEDCL in the present Petition has not proposed any change in the
Tariff philosophy. However allowing interest on RLC or refund of electricity duty on
ASC comes under the purview of the Commission.
Commissions ruling
Order in Case No 38 of 2014
Page 22 of 148
2.8.3 The issue of interest payment on RLC is sub-judice before the Honble Supreme
Court in Civil Appeal No. 2286 of 2012. Therefore, the Commission is of the view
that it is not appropriate to take any view on the subject matter.
2.9
2.9.1 Thane Small Scale Industries Association (TISSIA), The Millowners Association
submitted that average power rate in other nearby states like Andhra Pradesh, Gujarat,
Madhya Pradesh is around Rs. 4 to 4.50 whereas it is Rs. 6.34 in case of MSEDCL.
Due to this MSMEs are not in a position to take any additional burden of steep hike.
2.9.2 Marathwada Industries Association submitted that the proposed Additional Energy
Charges would lead to a steep Tariff hike for the consumers and hence need not be
allowed. Vidarbha Chamber of Commerce & Industry submitted that the Commission
had fixed the power purchase rate of Rs. 3.39 per unit in August, 2012 while the
actual power purchase rate is Rs. 3.92 per unit as per the Petition. Vidarbha Chamber
of Commerce & Industry therefore requested the Commission to reject the request.
MSEDCLs reply
2.9.3 The Tariff rate of MSEDCL prima facie appears to be on higher side compared to
Tariff rates of other State utilities, however following issues need to be considered:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
2.9.4 Considering above parameters, it is not appropriate to compare stand alone Tariff of
MSEDCL with the Tariffs of other State distribution utilities. The electricity Tariff
applicable to HT-Industry consumer need not to be seen in isolation, since terms &
conditions of Tariff, incentives /rebates available also played an important role. As far
as MSEDCL is concerned, the existing tariff provides ToD rebate, LF/PF incentives
etc. which considered together provides 20-25% reduction in Tariff to HT industry,
which makes efficient use of electricity and optimum utilisation of demand.
2.9.5 As regards the objection against the steep tariff hike, MSEDCL submitted that there
has been no Tariff hike since the Order of the Commission on 16 August, 2012 till
Order in Case No 38 of 2014
Page 23 of 148
date. It has also submitted that the recent charges being recovered as per Order of the
Commission dated 3, 4 and 5 September, 2013 are temporary in nature and are
applicable for only six months. MSEDCL submitted in its Petition that AEC was
created in order to recover the gap computed based on audited accounts. MSEDCL
submitted that similar methodology was adopted by the Commission in earlier Orders.
2.9.6 MSEDCL submitted that it was under financial stress and its request for AEC was in
line with the National Tariff Policy and the Tariff Regulations, 2005 whereby the
variance between the approved cost / revenue with the actual audited cost /revenue is
claimed as gap. MSEDCL has also highlighted that the claim for the energy charges is
as per the actual cost incurred in the past.
Commissions ruling
2.9.7 The extant Regulations for Tariff determination is on the principles of cost-plus Tariff
determination, under which the Commission allows recovery of all approved costs
and expenses along with return on equity. Based on these principles the Commission
determines Tariff or allows any pass through of additional recovery. Based on
MSEDCLs Petition, the Commission has already approved recovery of additional
energy charges in the form of Interim Charge. The Commission views that increase in
tariff is inevitable when increase in admissible costs are passed to consumers.
However, it may also be noted that the Commission has not allowed any further
additional recovery following final Truing up in this Order.
2.10 High O&M costs
2.10.1 TSSIA, Avinash Prabhune and Garware Polyester Ltd. submitted that the
administrative costs of MSEDCL need to be reduced. VIA submitted that the
Commission has liberally approved increase in O&M expenses and MSEDCL has
submitted higher amount of O&M expenses for approval.
2.10.2 Urja Prabodhan Kendra and Federation of Industries Association submitted that there
is large variation on following heads of expenditure:
Table 5: Variation in heads of expenditure as submitted by Urja Prabodhan Kendra (Rs. crore)
Particulars
FY 2011-12 A&G Expenses
FY 2012-13 Employee Expenses
FY 2012-13 A&G Expenses
Approved
290
2438
314
Actual
444
3121
462
Deviation
50%
28%
47%
2.10.3 As per MSEDCL these expenses are uncontrollable. If the Commission allows this
expenditure then the licensees will be under no pressure of projecting/ controlling
these expenses within approved figures.
2.10.4 Neo Sanyas Foundation submitted that an independent audit needs to be conducted
into the accounts of MSEDCL along with an unbiased independent study into the
functioning and management of MSEDCL. Neo Sanyas Foundation submitted that
Order in Case No 38 of 2014
Page 24 of 148
such audits need to be carried out before granting any Tariff rise.
MSEDCLs reply
2.10.5 MSEDCL submitted that while approving, the A&G expenses for FY 2012-13, the
Commission considered the weighted average CAGR of Consumer Price Index for
Industrial Workers (40%) and Wholesale Price Index (60%) between March 2007 and
March 2012 i.e. 8.27%. The Commission escalated the approved net A&G expenses
for FY 2011-12 by 8.27% to arrive at the approved A&G expenses for FY 2012-13.
Further, there is always increase in the rent after expiry of lease period.
2.10.6 Moreover, Pandharpur & Akluj Division under Solapur O&M circle have paid
Grampanchayat Tax for the year FY 2008-09, FY 2009-10, FY 2010-11, 2011-12 and
FY 2012-13. Solapur Rural Division has paid NA Tax & Grampanchayat tax for the
period April 2006 to March 2013. Thane O&M circle has paid property tax for last 5
years in FY 2012-13.
2.10.7 There is normal increase in expenditure on insurance of vehicles. Further; during the
year new vehicles have also been acquired. There is increase in conveyance & travel
in FY 2012-13 due to increase in diesel, petrol rates and revision of rates of travelling
allowance. Due to reasons mentioned above, the A&G Expenses are on higher side
than those approved. These are legitimate expenses and accordingly have been
submitted for the Commissions approval.
Commissions ruling
2.10.8 The Commission has noted the objections in this regard and also MSEDCLs response
to these objections. The Commission has dealt with this issue in detail in the section
on A&G Expenses for FY 2011-12 and FY 2012-13 respectively.
2.11 Bad Debt/ Arrears
2.11.1 TISSIA and Kolhapur Zilha Shetkari Vinkari Sahakari Soot Girani Ltd. submitted that
the burden of bad debt should not be passed on to honest consumers.
2.11.2 Urja Sahyog submitted that details of arrears as on the date of submission of the
Petition have not been shown anywhere in the executive summary and proposal. It is
estimated that Agriculture category consumers contribute to nearly Rs. 8000 crore
arrears whereas total arrears considering all other category consumers is around Rs.
14000 crore to Rs. 15000 crore. These figures can be corrected to actual and if
recovered the burden on account of interest on long term loans, working capital and
part of short fall in revenue can be met with and not required to pass on to the
consumes.
2.11.3 Tata Motors submitted that considering improvement in financial performance of
MSEDCL in last 3 years, provision for bad debts should not be allowed to MSEDCL
for FY 2011-12 and FY 2012-13.
Order in Case No 38 of 2014
Page 25 of 148
2.11.4 Vidarbha Chamber of Commerce & Industry submitted that dues of about Rs. 23,000
crore were outstanding from various consumers and that no efforts were being taken
up to recover them.
MSEDCLs reply
2.11.5 MSEDCL submitted that the arrears to be recovered from the consumers of different
categories are no doubt mounting (in terms of absolute value) and needs effective &
concentrated efforts for recovery of the same. It shall however not be reasonable &
proper to look at this in isolation to the extent of increasing level of receivables. But
at the same time, one needs to look into the reasons for accumulation of arrears, the
permissible action which could be taken for recovery and the time consumed in this
process, the constraints & limitations of the MSEDCL to resort to coercive action, etc.
It cannot be presumed that all the consumers shall pay their dues in time and therefore
it is but natural that there will always be some arrears to be recovered from the
consumers. In the circumstances, the recovery of some portion from the past arrears
remains less than the actual arrears. It shall therefore be necessary to judge the
efficiency of the MSEDCL in respect of recovery of arrears by way of comparing the
assessment during a particular month and recovery of arrears during that particular
month. It is seen that, the MSEDCL has been able to recover the amount equivalent to
assessment during the respective months, except a few categories like agriculture,
rural public water works, etc. MSEDCL have taken the following steps to curb the
arrears:
a) Introduction of photo billing, due to which manual errors are reduced and
consumer have a check on his reading
b) Damini Squad is introduced to have check over the reading taken by private
agency
c) Reduction of average billing, locked status by taking meters out the rooms.
d) To reduce the arrears burden on Sarvajanik Nal Pani Yojana and to increase the
revenue of the MSEDCL, GoM vide order dated 15 June, 2009 had introduced the
Jeevan Sanjivani Yojana. The said scheme was applicable for rural Public
Water Works.
2.11.6 If a consumer of electricity either neglects or fails to pay the energy bills of the
MSEDCL, then the powers have been conferred upon the MSEDCL to disconnect his
power supply after giving him a notice of clear 15 day as per section 56 of Electricity
Act 2003. MSEDCL exercises this power for recovery of arrears. It would not be
appropriate to presume that, once the power supply is disconnected, the dues are
received from a defaulting consumer immediately. Moreover, in case of such
consumer where power supply plays an important role in maintaining its financial
viability (like industrial, agricultural. etc) disconnection of power supply may
drastically reduce his payment capacity and then it would be very difficult for
Order in Case No 38 of 2014
Page 26 of 148
MSEDCL to recover the dues in case his financial status deteriorates beyond a certain
limit. In such situations, the consumers undertaking shall become sick and may close
down, and then the only option left with the MSEDCL shall be to initiate legal
proceedings for recovery of dues. In the present system, the legal proceedings needs
considerable, time to conclude and even if MSEDCL succeeds, then also recovery is
difficult. General measures taken for recovery of arrears are as under:
a) To issue notices to pay the energy bills.
b) To disconnect the power supply.
c) To file a legal suit for recovery of arrears.
d) To encourage the consumers to pay the arrears by giving various facilities such as
payment by easy installments, waiver of minimum charges, waiver of DPC and
concessional interest, etc.
e) Whenever necessary to introduce the concession schemes so that it becomes easy
for consumers to clear their arrears. Wide publicity is given through available
media for such schemes.
f) The consumers are contacted personally by our local offices and educated to pay
the bills.
g) Disconnection drive is regularly arranged. In such a drive, Engineer along with
Janmitra and staff from Account section visit the premises and recovery on the
spot is done by giving receipts on the spot.
2.11.7 MSEDCL further submitted that it maintains its accounts on accrual basis i.e. income
and expenses are recorded as they occur, regardless of whether or not cash has
actually changed hands. The financial statements have been prepared based on accrual
method of accounting in accordance with the generally accepted accounting principles
and the provisions of the Companies Act, 1956 as adopted consistently by MSEDCL.
So arrears if any would automatically reflect in receivables in current assets and
recovery of arrears is adjusted against the same account. Revenue billed irrespective
of actual recovery of revenue is considered for ARR and therefore any accrual of
arrears or receipt of arrears will not affect the proposed gap. Further barring few
categories, collection efficiency has improved significantly. However, efforts are
being done to improve the collection efficiency in other categories as well.
2.11.8 As regard Tata Motors objection, MSEDCL replied that bad debts are inseparable
incident of every business including the business of electricity distribution. The
Commission has been following the principle that bad debts shall not exceed 1.5% of
revenue in any financial year and accordingly approving the provision for bad debt on
normative basis. Accordingly, MSEDCL has made the provision for bad debt as per
MERC principle, which needs to be considered as a legitimate item of expenditure.
Page 27 of 148
Commissions ruling
2.11.9 The Commission approves various components of ARR including provision for bad
debts based on provisions in MERC (Terms and conditions of Tariff) Regulations,
2005. Accordingly, the Commission has dealt with this issue in detail in sections on
Provision for bad and doubtful debts for FY 2011-12 and FY 2012-13 respectively.
2.12 Capital Expenditure
2.12.1 VIA submitted that depreciation, interest on long term loans and return on equity of
MSEDCL have been increasing steeply year on year due to high capital expenditure
but, the results of the capital expenditure are nil and consumers are burdened with
higher tariffs. Aam Aadmi Party requested the Commission to direct MSEDCL to
furnish benefits of capital expenditure.
2.12.2 Ichalkaranji Sahakari Pani Purawatha Sanstha Maryadit, Krantimata Lakshmibai
Nayakvadi Sahakari Panipurawatha Sanstha Maryadit, and others submitted that there
has been no return to the consumers for the capital expenditure undertaken by
MSEDCL, though MSEDCL has recovered this amount from the consumers. It is
necessary to undertake cost benefit analysis and decide the right amount for capital
expenditure.
MSEDCLs reply
2.12.3 MSEDCL submitted that the basic need/ objective of incurring the capital expenditure
are to upgrade the ageing and weak distribution network to desirable standards so as
to provide better network reliability and sustainable performance. It has been
therefore felt essential to take necessary measures, in order to meet the challenges
thrown by the Electricity Act 2003 and rules made there under like Standard of
Performance (SoP) Regulation framed by the Commission. The Capital Expenditure
also envisaged re-enforcement of the system to provide quality, security and
availability of power supply to the consumers, to undertake system development to
meet the load growth, achieving the targeted reduction in system losses, undertake
automation and other improvement works to enhance customer service and fulfill
social obligation such as electrification of un-served areas.
2.12.4 The Commission has given in-principle approval to all infrastructure schemes having
capital expenditure more than Rs. 10 crore. While giving approval the Commission
had already scrutinized these expenditures on each scheme. MSEDCL also submits
the cost benefit analysis (CBA) for all infrastructure schemes to the Commission. This
cost benefit analysis will also be examined and investigated by the Commission. The
reduced distribution loss, higher collection efficiency, no of new connections released
and time taken for release of new connections are some of the tangible benefits of
capital expenditure which MSEDCL has achieved.
Commissions ruling
Page 28 of 148
2.12.5 MSEDCL has submitted the cost-benefit analysis of various capital expenditure
schemes undertaken by it. The Commission has analysed the submissions of
MSEDCL and has addressed this in the section on Capital expenditure and
capitalisation for FY 2011-12 and FY 2012-13 respectively in this Order.
2.13 Return on Equity Capital
2.13.1 Urja Prabodhan Kendra submitted that there is large variation on following heads of
expenditure:
Table 6: Variation in RoE as submitted by Urja Prabodhan Kendra (Rs. crore)
Particulars
FY 2011-12 RoE
Approved
849
Actual
1009
Deviation
18%
FY 2012-13 RoE
989
1234
24.7%
2.13.2 As per MSEDCL these expenses are uncontrollable. If the Commission allows this
expenditure then the licensees will be under no pressure of projecting/ controlling
these expenses within approved figures.
MSEDCLs reply
2.13.3 MSEDCL submitted that the return on equity has been calculated based on the actual
equity position in audited Accounts and provisions of the MERC (Terms and
Conditions of Tariff) Regulations 2005.
Commissions ruling
2.13.4 The Commission has noted the objections in this regard and also MSEDCLs response
to these objections. The Commission has dealt with this issue in detail in the section
on Return on Equity for FY 2011-12 and FY 2012-13 respectively.
2.14 Interest on Working Capital
2.14.1 Urja Prabodhan Kendra and Federation of Industries Association submitted that there
is large variation on following heads of expenditure:
Table 7: Variation in Interest on Working Capital as submitted by FIA (Rs. crore)
Particulars
FY 2011-12 Interest on Working Capital
Approved
317
Actual
709
Deviation
123%
550
717
30%
2.14.2 As per MSEDCL these expenses are uncontrollable. If the Commission allows this
expenditure then the licensees will be under no pressure of projecting/ controlling
these expenses within approved figures.
2.14.3 Tata Motors submitted that MSEDCL has considered Rs. 709 crore and Rs. 717 crore
Order in Case No 38 of 2014
Page 29 of 148
as actual interest on working capital and on consumer security deposit for FY 2011-12
and FY 2012-13 respectively. As per the provisions of MERC (Terms and conditions
of Tariff) Regulations, 2005 MSEDCL should get nil interest on working capital.
MSEDCLs reply
2.14.4 MSEDCL submitted that the Commission has not allowed any interest on working
capital since the working capital requirement based on normative principle works out
to nil, the provision of reducing the working capital by the total amount of security
deposits is making the net working capital as negative. The amount of security deposit
as reflected in the books of accounts of MSEDCL is just a notional amount, such
amount though reflects on the balance sheet in the transfer scheme; MSEDCL has not
physically received such deposit in cash from erstwhile Maharashtra State Electricity
Board.
2.14.5 Further, the disallowance of certain cost in past and approved subsequently has
affected the cash flow position of MSEDCL whereby even the interest on working
capital claimed by MSEDCL in the Tariff Order has been disallowed by the
Commission. Such a situation has resulted in a dual adverse impact on the financial
position of MSEDCL, on one side the legitimately incurred cost is disapproved by the
Commission during the issue of tariff order and on the other side; the interest on
working capital used to meet such legitimate cost is also disallowed. Due to this, the
interest on working capital has seen a variation.
2.14.6 As regard Tata Motors objection MSEDCL replied that the calculation of the interest
on working capital is as per the provisions of the MERC (Terms and Conditions of
Tariff) Regulations 2005 and the same is correct as per the Audited Accounts.
Therefore, there is no need to review the same.
Commissions ruling
2.14.7 The Commission has noted the objections in this regard and also MSEDCLs response
to these objections. The Commission has dealt with this issue in detail in the section
on Interest on Working capital and on consumer security deposit for FY 2011-12 and
FY 2012-13 respectively.
2.15 PGCIL Charges
2.15.1 Urja Prabodhan Kendra submitted that the Power Grid and other charges for FY
2011-12 and FY 2012-13 are Rs. 741 crore and Rs. 1004 crore respectively. These
charges are very high. The corresponding power purchase in MU is not shown. From
the Petition it is not clear on what account these charges were shown and the original
estimate in ARR.
MSEDCLs reply
2.15.2 MSEDCL submitted that PGCIL charge is the charge paid to PGCIL, the Central
Transmission Utility, to facilitate transmission of power across the State from central
Order in Case No 38 of 2014
Page 30 of 148
Generating Stations such as NTPC, NPCIL etc. These charges are paid as per the
approved rates by CERC in accordance with the POC charges Regulation. Details of
estimated, approved and actual charges paid to PGCIL are given in following table.
Table 8: Details of estimated, approved and actual charges paid to PGCIL as submitted by MSEDCL
Commissions ruling
2.15.3 The Commission has noted the objections in this regard and also MSEDCLs response
to these objections. The Commission has dealt with this issue in detail in the section
on Transmission charges and SLDC charges for FY 2011-12 and FY 2012-13
respectively.
2.16 Power Purchase from Renewable Energy Sources
2.16.1 Urja Prabodhan Kendra and Federation of Industries Association submitted that from
the Petition it is not clear how much wind energy and solar energy was purchased in
FY 2011-12 and FY 2012-13.
MSEDCLs reply
2.16.2 MSEDCL submitted that the following table shows the Wind Energy purchased
during FY 2011-12 and FY 2012-13.
Category
FY 2011-12 (MU)
FY 2012-13 (MU)
Wind Energy
2,625
3,407
2.16.3 MSEDCL submitted that the following table shows the Solar Energy purchased
during FY 2011-12 and FY 2012-13.
Category
Solar Energy
FY 2011-12 (MU)
11
FY 2012-13 (MU)
37
Commissions ruling
2.16.4 The Commission has noted the objections in this regard and also MSEDCLs response
to these objections. The Commission has dealt with this issue in detail in the section
on Renewable purchase obligation for FY 2011-12 and FY 2012-13 respectively.
2.17 Industrial Sales
2.17.1 Urja Prabodhan Kendra submitted that the executive summary shows drastic
reduction in HT and LT Industrial sales for year FY 2012-13. It is questioned whether
Industrial growth in Maharashtra has declined.
MSEDCLs reply
Order in Case No 38 of 2014
Page 31 of 148
2.17.2 MSEDCL submitted that the year on year growth of industrial category is around 1%
for MSEDCL. MSEDCL has projected the Industrial sales purely on the basis of past
sales growth, mitigation of load shedding, proposal of increasing ToD rate by Rs. 1.50
per unit, uninterrupted power supply and various other positive reasons. MSEDCL
states that though the sales of industrial category for MSEDCL as a whole has
decreased, the overall consumption of Industries in Maharashtra served by MSEDCL
has witnessed a growth of ~8% in FY 2012-13 considering the fact that many
industries has opted for open access resulting in shortfall in consumption of MSEDCL
power. The following table highlights the growth of Industrial category as follows:
Table 9: Growth of Industrial category as submitted by MSEDCL
Category of consumers
HT Industrial Consumption
Open Access
HT Industrial Consumption with Open
Access
LT Industrial
Total Industrial
MSEDCL
FY 2011- FY 2012Growth
12
13
MU
MU
%
26,470
26,683
0.81%
297
2,768 831.99%
26,766
29,451 10.03%
6,976
33,742
7,136
36,587
2.29%
8.43%
2.17.3 Further, MSEDCL submitted that Indias Index of Industrial Production (IIP) data for
March 2013 shows the slowest annual Industrial growth of 1% in last 20 years, and
the second lowest since 1982, but Maharashtra has witnessed a growth in Industrial
GDP at 9.10% which is a notable achievement. However, due to the impact of open
access, MSEDCL has witnessed a marginal growth in the sales as compared to
projection.
Commissions ruling
2.17.4 The issue has been dealt in detail in the Interim Order issued on 3 March, 2014.
2.18 Issue of Tariff in MPECS area
2.18.1 Shri. Sunil Sonawane and others submitted that on 27 January, 2011 the Commission
granted license to MSEDCL to supply electricity in the area of Mula Pravara Electric
Co-operative Society area. An Appeal (Appeal No. 39 of 2011) was filed before the
Honble ATE against the grant of license. The Honble ATE ruled against the grant of
license to MSEDCL and directed to follow the procedure for grant of license as per
the Electricity Act. Since last 2 years the Commission has started working on the
directions but, final decision is pending. In these circumstances application of
MSEDCLs increased Tariff rates to the consumers of Mula Pravara Co-operative
Society area without deciding the license issue is against law. The consumers
requested the Commission to hold independent hearing for the consumers in MPECS
area.
Order in Case No 38 of 2014
Page 32 of 148
MSEDCLs reply
2.18.2 MSEDCL submitted that on 31 January, 2011 the license of MPECS to supply
electricity in MPECS area expired. As per the Order issued by the Commission on 27
January, 2011 MSEDCL started supplying electricity in MPECS area. The Tariff
charged to the consumers in MPECS area is as determined by the Commission. As per
the Honble ATE Judgement in the Appeal No. 39 of 2011 the hearings in the matter
are underway. Also Honble ATE has specified that MSEDCL shall continue to
supply in the current conditions. The Honble ATEs Judgement has not been stayed
by any other higher court. Prior to 31 January, 2011 the consumers in MPECS were
expected to be charged as per the Tariff determined by the Commission. Currently as
MSEDCL has been supplying power to MPECS area the proposed increase in Tariff
is also applicable to the consumers in MPECS area which does not lead to any
illegality. If any consumer desires to express his views in this matter then the same
may be expressed at the time of Public Hearing arranged for this purpose.
Commissions ruling
2.18.3 This issue is being dealt with in the ongoing hearings before the Commission in Case
No. 85 of 2010 and Case No. 87 of 2010. The issue raised by the objector is not
related in the proceedings of the present case.
2.19 Change in Consumer Category
2.19.1 Maharashtra Industrial Development Corporation (MIDC) submitted that currently
HT II commercial Tariff is being charged to water works in some of the MIDC area.
The rate charged should be uniform and same as that applicable to other public water
works i.e. HT IV category. MIDC also requested that the bills charged by MSEDCL
as per the Interim Order of the Honble Mumbai High Court to charge as per HT II
(commercial) category be annulled.
2.19.2 The Association of the Managements of Un-aided Engineering Colleges, Maharashtra
submitted that the consumers need to be categorized as per the purpose for which the
supply is required and that such consumers are spared from the proposed increase in
Tariff.
MSEDCLs reply
2.19.3 MSEDCL submitted that the present proceedings are for the approval of Truing up of
ARR for FY 2011-12 and FY 2012-13. In the present Petition, MSEDCL has not
proposed any change in the present categorisation as well as Tariff philosophy. The
change in consumer category is out of purview of the present proceedings. As per EA
2003, and MERC (Terms and conditions for determination of Tariff) Regulations,
2005, the Commission has been assigned the right to form independent category for
any consumer/ group of consumers as well as to form category as per consumers
consumption and determination of electricity rate for consumers in various categories.
The Commission determines the Tariff for various consumer categories and
Order in Case No 38 of 2014
Page 33 of 148
Page 34 of 148
FY
2006-07
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
of
Page 35 of 148
Unmetered Agriculture consumers are charged Rs. 85 to Rs. 129 per HP per month
rate based on connected load and category. Considering this the Agriculture category
consumers have been charged very moderate Tariff.
Commissions ruling
2.22.4 The present Petition of MSEDCL is for approval of True up for FY 2011-12 and FY
2012-13 and doesnt deal with Tariff fixation. Therefore, the objections and
suggestions made are not relevant for this Petition. However, the objectors may come
up with their objections and suggestions during the proceedings of MYT Tariff
Petition of MSEDCL.
2.23 MSEDCL and MSPGCL Accounts not matching
2.23.1 Tata Motors submitted that the data of power purchase from MSPGCL for FY 201112 as furnished by MSEDCL does not match with account statements of MSPGCL.
Tata Motors further submitted that as per Audited Accounts of MSPGCL for FY
2011-12 MSPGCL has received Rs. 12744.38 crore. Further MSPGCLs Account
statement does not reflect any of demand/ shortfall/ loss towards payment of dues of
Rs.700 crore.
MSEDCLs reply
2.23.2 MSEDCL and MSPGCL are two separate corporate entities and their Accounts are
prepared separately. Due to adjustments and provisions made in income and
expenditures, the Accounts may or may not match. MSPGCL may not make the same
provisions as made by MSEDCL in their Accounts since making provisions is a
prerogative of each corporate entity.
Commissions ruling
2.23.3 The Commission scrutinizes the audited accounts of MSEDCL and MSPGCL
separately. Based on detailed scrutiny and due diligence carried out by the
Commission the Aggregate Revenue Requirement for MSEDCL and MSPGCL are
approved separately.
2.24 Transmission charges
2.24.1 Tata Motors submitted that at page 32 of the Petition MSEDCL submitted that Rs.
2200 crore are paid as transmission charges to MSETCL. However as per Truing-up
Order of MSETCL (Case No. 30 of 2013), MSETCL has received Rs 2264.25 crore
as revenue from Transmission Tariff and same is approved by the Commission. As
per Intra State Transmission Tariff Order MSEDCL is contributing around 80% of
cost of Total Transmission System Cost. Based on this Tata Motors has worked out
actual payment to MSETCL by MSEDCL for FY 2011-12 as shown below:
Page 36 of 148
Sr.
No.
1
2
3
Parameter Description
As computed by Remarks
Tata Motors
Actual Revenue earned by MSETCL Rs. 2264. 25 crore
Page No. 95, MERC
from Transmission charges in FY 2011Case No. 39 of 2013
12
% share of MSEDCL
80%
2.24.2
Actual payment by MSEDCL to Rs. 1811 crore
Whereas MSEDCL
MSETCL towards Transmission Charges
has considered Rs.
in FY 2009-10
2200 crore
MSEDCLs reply
2.24.3 MSEDCL submitted that it pays Transmission Charges to STU as per the Tariff
decided by the Commission. STU further distributes the amount amongst the
Transmission Licensees of the State including MSETCL.
Commissions ruling
2.24.4 The Commission has noted the objections in this regard and also MSEDCLs response
to these objections. The Commission has dealt with this issue in detail in the section
on Transmission charges for FY 2012-13.
2.25 Non consideration of Rs. 2000 crore towards revenue for FY 2012-13
2.25.1 Tata Motors submitted that MSEDCLs Account Statement for revenue of Rs. 44318
crore covers actual receipt up to March 2013. Rs. 2000 crore received under Case No.
28, 44 and 95 of 2013 is with effect from September 2013. Rs. 2000 crore revenue is
not getting considered in revenue table on page iii of Executive Summary under
actual of Rs. 44280 crore. Tata Motors requested the Commission to consider Rs.
2000 crore at revenue side while working out revenue gap for FY 2012-13. It further
stated that non consideration of Rs. 2000 crore towards revenue side would lead to
double recovery.
MSEDCLs reply
2.25.2 MSEDCL replied that the Commission vide Letter dated 20 September, 2012, has
allowed Rs. 424.53 crore to MSPGCL for provisional True up of FY 2011-12.
Further, as per the Order dated 8 February, 2013 in Case No. 77 of 2012, the
Commission has allowed Rs. 143 crore to MSPGCL as net impact on final True up of
FY 2010-11 and also approved the fixed charges for new stations Khaparkheda U5
and Bhusawal U4 i.e. a net impact of Rs.545 crore. Thereafter, the Commission issued
various Orders in respect of MSPGCL and MSETCL in September 2013. Some of the
expenses for MSPGCL were pertaining to previous years. As per the Accounting
Practice, a provision of Rs. 960 crore was made in FY 2012-13 accounts as per the
Order in Case No 38 of 2014
Page 37 of 148
following details.
Table 12: Details provided by MSEDCL
Particulars
Amount Rs. crore
Paras 4 and Parli 7 (Appeal No. 34 of 2012)
106
True Up of FY 09-10 and APR for FY 10-11 (Appeal No. 47 of
629
2012)
Difference in revenue due to Provisional and Final Energy Charges
178
for FY 2012-13
Fixed Charges for Khaparkheda 5 for FY 12-13
46
Total
960
2.25.3 Further, as specified in the Audited Report, MSEDCL has made provision of Rs
1821.03 crore as income which is getting reflected in revenue. However, the actual
cash will be realized in FY 2013-14. MSEDCL further submitted that the provisions
are made as per the Accounting Practice and are duly audited by the Statutory
Auditors. MSEDCL stated that there is no discrepancy in the data submitted by
MSEDCL.
Commissions ruling
2.25.4 The Commission has noted the objections in this regard and also MSEDCLs response
to these objections. The Commission has dealt with this issue in detail in the section
on Revenue for FY 2012-13.
2.26 Energy Balance
2.26.1 Tata Motors submitted that the information pertaining to the power purchase units,
energy sale, power purchase cost, revenue amount from sale of power for FY 2012-13
as provided by MSEDCL is not trustworthy and leads to incorrect ARR gap of Rs.
6945 crore. Considering present Tariff MSEDCL must be earning windfall profits.
Tata Motors requested the Commission to examine submission made by MSEDCL
through third party audit.
2.26.2 Avinash Prabhune and Urja Prabodhan Kendra submitted that figure for energy
available for sale in the executive summary is lower than the Energy Sales which is
not understood. George John also submitted that the figures for NPCIL energy
quantum and the figures for NPCIL Tarapur differ. He also submitted that more
information including breakup of various other figures need to be provided.
MSEDCLs reply
2.26.3 MSEDCL provided point wise reply as follows:
2.26.4 MSEDCL submitted that net energy payable calculated by MSEDCL is correct. The
Order in Case No 38 of 2014
Page 38 of 148
power at Distribution Periphery injected and drawn at 33kV is not the power for
which MSEDCL needs to pay. It is the portion of energy which is injected and drawn
at 33kV which is included in the Energy at distribution periphery on which no
interstate transmission losses would be applicable.
Discrepancy in Sales
2.26.5 MSEDCL submitted that in the Petition, MSEDCL has clearly stated that the sales in
MU shown in Tables for Category wise sales and revenue (both Table 1 and Table 33)
include the sales to Distribution Franchisees at the input level.
2.26.6 However while calculating energy balance of MSEDCL as a whole, the sale to the
consumers of the Distribution Franchisee area has been considered rather than the
sales at input level. Since the Distribution Franchisee is an Agent to MSEDCL as per
the Franchisee Agreement, MSEDCL has to consider the loss within the Franchisee
area for Energy Balance.
2.26.7 Accordingly, as per the energy balance indicated in the Petition the energy available
for sale represents the category wise sale in Distribution Franchisee areas and the total
energy shown in the table for sales represents the energy sold to Distribution
Franchisees at input point is indicated.
2.26.8 MSEDCL submitted that it pays the generators as per the Regional Energy
Accounting Statement issued by WRLDC. MSEDCL further submitted that it pays the
generators on the basis of scheduled energy. However, in case the energy injection is
less, the generators get penalised as per the UI mechanism.
2.26.9 As regard query raised by Avinash Vinayak Prabhune and Urja Prabodhan Kendra,
MSEDCL submitted that in the Petition, MSEDCL has stated that the sales in MU
shown in category wise sales and revenue include the sales to Distribution
Franchisees at the input level. However while calculating energy balance of MSEDCL
as a whole, the sale to the consumers of the Distribution Franchisee area has been
considered rather than the sales at input level. MSEDLC submitted that since the
Distribution Franchisee is an agent to MSEDCL as per the Franchisee Agreement,
MSEDCL has to consider the loss within the franchisee area for energy balance.
Accordingly, in energy balance, the energy available for sale includes the category
wise sale in distribution franchisee areas and in Sales, the total energy includes the
energy sold to Distribution Franchisees at input.
2.26.10As regards the figures of energy procured from NPCIL, MSEDCL submitted that it
procures power from NPCIL Tarapur as well as NPCIL Kakrapara. Hence figures for
NPCIL energy quantum include figures for NPCIL Tarapur and NPCIL Kakarapara.
Commissions ruling
Page 39 of 148
2.26.11The Commission has noted the objections in this regard and also MSEDCLs response
to these objections. The Commission has dealt with this issue in detail in section on
Energy Balance for FY 2012-13.
2.27 Consideration of Regulatory Assets for FY 2012-13 as Revenue
2.27.1 Tata Motors submitted that Regulatory Asset is mainly due to difference in Revenue
and Expenditure. If this difference is positive then it needs to be passed on to the
consumers as Revenue in ARR. Tata Motors further requested the Commission to
consider Rs. 1256 crore as revenue while working out Revenue Gap for FY 2012-13
MSEDCLs reply
2.27.2 MSEDCL replied that Rs. 1256 crore is the corresponding credit effect of recognition
of regulatory assets in the books of accounts. Further, as per the Guidance Note on
Accounting for Rate Regulated Activities issued by the Institute of Chartered
Accountants of India, a rate regulated entity is allowed to recognise in its financial
statements the right to recover cost incurred or the obligation to refund amount
received for which cost have been incurred through future tariff. Also, the Matching
Concept of Accounting requires the recognition of the income in the same financial
year in which expenditure for generating the income have been incurred.
2.27.3 MSEDCL is of the view that Recognition of Regulatory Assets / Liabilities will
reflect in true and fair view of Assets and Liabilities and will recognise Income /
expenses in the appropriate accounting period in the financial statements of the
Company. Accordingly MSEDCL, being a rate regulated entity, has decided to adopt
the accounting policy to recognise the Regulatory Assets / Liabilities in the financial
statements with effect from the financial year 2012-13. During FY 2012-13,
MSEDCL has recognised Regulatory Asset of Rs. 1,256 crore with corresponding
credit effect shown as Regulatory Income in the financial statements based on the
measurement criteria prescribed in the said Guidance Note after considering the actual
revenue expenditure incurred and revenue income accounted in the books of accounts.
MSEDCL further submitted that the corresponding debit effect for Regulatory income
has been given to Regulatory Assets in audited balance sheet.
2.27.4 At the time of Truing up of FY 2012-13, the Commission will determine the Trued up
gap for FY 2012-13 based on actual expenditure & income without considering the
income arising out of regulatory assets. MSEDCL also submitted that the consumers
will be billed accordingly. The Regulatory Income shall be realized as and when the
consumers pay the bills. In the Truing of FY 2012-13, the actual expenditure and
income will be considered and Regulatory income shall not be considered.
Accordingly, MSEDCL has not considered the Regulatory Income as a part of
Revenue from sale of power.
Commissions ruling
2.27.5 The Commission has noted the objections in this regard and also MSEDCLs response
Order in Case No 38 of 2014
Page 40 of 148
to these objections. The Commission has dealt with this issue in detail in the section
for Revenue of FY 2012-13 respectively.
2.28 Cross Subsidy Surcharge
2.28.1 Deepak Nitrite Limited, Marathwada Industries Association, Bharat Forge, Federation
of Industries Association and Jindal Poly Film Ltd submitted that the prevalent CSS
fixed by the Commission for EHV Consumers as per its Orders dated 9 September,
2011, 21 February, 2013 and 29 October 2013 are higher as compared to the other HT
Consumers at 33/22/11 kV even though all consumers were billed under the same
consumer category of HT-I Industrial. Bharat Forge expressed its objection to the
MSEDCLs proposal of further increase in the CSS applicable to the EHV
Consumers.
2.28.2 Bharat Forge also highlighted that formula for calculation of CSS adopted by the
Commission considers different Tariffs for consumers based on cost of supply for
different voltage levels. But in case of MSEDCL, EHV and HT consumers are billed
under the same category though the system losses are substantially lower in case of
EHV. Therefore, Bharat Forge suggested separate Tariff category for EHV consumers
based on various costs of supply at the corresponding voltage level.
2.28.3 Vidarbha Industries Association (VIA) submitted that abnormal CSS hike as proposed
in the Petition shall make open access unviable and shall make cost of availing open
access prohibitive.
MSEDCLs Reply
2.28.4 MSEDCL submitted that the CSS is recovered from the open access consumers to
compensate for the component of cross subsidy built into the distribution Tariff as
mandated by the Electricity Act, 2003 and the National Electricity Policy.
2.28.5 MSEDCL also submitted that the ABR of the consumers would increase owing to the
AEC as claimed. This would result in increase in the CSS. Therefore, MSEDCL
highlighted the need to re-determine the CSS. The increased CSS claimed in the
Petition by MSEDCL is based on the Commissions Orders in Case No. 107 of 2012,
Case No. 138 of 2012 and Case No. 107 of 2013.
Commissions Ruling
2.28.6 The Commission has noted the objections as well as the response of MSEDCL in this
respect. However, the Commission is of the opinion that cross subsidy surcharge shall
be determined after the Commission has determined the Tariff for consumers of
MSEDCL. The Commission has already determined the cross subsidy surcharge for
MSEDCL through its Order in Case No. 185 of 2013 dated 27 March, 2014.
MSEDCL may file its application for re-determination of cross subsidy surcharge
along with its MYT Petition.
Page 41 of 148
Page 42 of 148
2.31.2 MSEDCL submitted that the Commission directed MSEDCL to submit MYT Petition
within 60 days of the issuance of the Order in Case No. 134 of 2013. This Order was
issued on 26 August, 2013. MSEDCL submitted that it requested the Commission to
extend the time period for submission of the MYT petition. It further requested the
Commission for extension for submission of MYT Petition for Second Control Period
by one year in its letter dated 22 January, 2014.
Commissions Ruling
2.31.3 The Commission has directed MSEDCL in its Interim Order in Case No. 38 of 2014
to submit MYT Petition for the remaining part of the second control period starting
from FY 2013-14 to FY 2015-16 by 31 May, 2014.
2.32 Open Access
2.32.1 The Millowners Association and Jindal Poly Film Ltd submitted that eligibility
criteria mentioned in the MERC (Distribution Open Access) Regulation, 2005 states
that a consumer with contract demand greater than 5 MVA would be allowed open
access only after the publication of the Regulations in Official Gazette. They have
submitted that the existing threshold limit is set at a higher level therefore restricting
the open access only to very large consumers of power. They have highlighted that
the wheeling charges, overhead charges and applicable conditions should also be
consumer-friendly.
MSEDCL Reply
2.32.2 MSEDCL submitted that it has been providing the Open Access to all the eligible
consumers as per the provisions of the MERC (Open Access) Regulations, 2005.
Commissions Ruling
2.32.3 The Commission has taken note of the suggestions/ objections raised. The
Commission views that the issues raised are not relevant to the current True up
Petition and hence the issues may be raised during the appropriate proceedings.
2.33 TOD Rebate
2.33.1 The Millowners Association and Garware Polyester Ltd. submitted that the
applicability of ToD rebate as per the Order issued by the Commission on 7 October,
2013 was restricted until the issuance of the new Tariff Order. The Millowners
Association, Mumbai requested the Commission to extend the same for a further
period of two years.
MSEDCL Reply
2.33.2 MSEDCL welcomed the suggestion of the association further stating that no change
was proposed in that regard in the Petition.
Commissions Ruling
Order in Case No 38 of 2014
Page 43 of 148
2.33.3 The ToD rebate is applicable until the issue of next Tariff Order. Accordingly, during
the proceedings of next Tariff Petition the Commission will provide appropriate
decision on this issue.
2.34 Voltage Surcharge
2.34.1 The Millowners Association highlighted that the Commission approved levy of
voltage surcharge of 2% on additional units being billed for supply to the consumers
at voltage lower than that specified in SoP Regulations as per its Order dated 12
September, 2010 in Case No. 111 of 2009. In another Order in Case No. 31 of 2011,
the Commission clarified that the levy would not be applicable for consumers
connected on express feeders and amounts collected in that respect be refunded. The
Millowners Association, Mumbai requested the Commission to authorize the
grievance committees / superintending engineers at the circle offices to refund the
voltage surcharge as described in the earlier section instead of individual consumers
being required to appear before the Commission for the same. Garware Polyester Ltd
also submitted that the measurement of the energy may be done at output of
MSEDCL located near the express feeder so as to avoid the levy of 2% surcharge.
MSEDCL Reply
2.34.2 MSEDCL submitted that the matter of refund of voltage surcharge for express
consumers is not directly linked to the Petition and the issue can be raised at during its
MYT proceedings.
Commissions Ruling
2.34.3 The Commission has taken note of the suggestions/ objections raised. The
Commission views that the issues raised are not relevant to the current True up
Petition and hence the issues may be raised during the appropriate proceedings.
2.35 Load Factor and Power Factor Incentive
2.35.1 Garware Polyester Ltd. suggested that provision of Load Factor and Power Factor
incentives should be extended and the incentives should be increased.
MSEDCLs Reply:
2.35.2 MSEDCL submitted that MSEDCL has not proposed any change in the prevailing
incentives/ discounts in its petition.
Commissions Ruling
2.35.3 The Commission has taken note of the suggestions/ objections raised. The
Commission views that the issues raised are not relevant to the current True up
Petition and hence the issues may be raised during the appropriate proceedings.
2.36 Agricultural Consumption
2.36.1 Avinash Vinayak Prabhune and Urja Prabhodan Kendra submitted that the sale under
Order in Case No 38 of 2014
Page 44 of 148
Agriculture category seem doubtful and enquired whether the figures were based on
metered or estimated values. Avinash Vinayak Prabhune also highlighted that
MSEDCL should be directed to carryout independent energy audit for Agriculture
consumption.
MSEDCLs Reply
2.36.2 MSEDCL submitted that energy consumption of agricultural consumers is based on
the metered as well as unmetered sale. The unmetered sale is computed as per the
methodology approved by the Commission. MSEDCL also submitted that a rise in
normal status metered consumers is observed due to improvement in metering and
meter reading system of agriculture category in each year over the previous year,
thereby improving the estimated unmetered Ag sale.
2.36.3 As regards effective metering, MSEDCL submitted that the agricultural consumers
are geographically scattered in the State and the meter reading of such consumers is a
challenging task, wherein MSEDCL shall make a gradual improvement. With the
implication of different corrective approaches, viz. proper metering, proper meter
reading, photo meter reading, etc.
Commissions Ruling
2.36.4 The Commission in Interim Relief Order in Case No. 38 of 2014 dated 3 March 2014
directed MSEDCL to submit a roadmap for completion of metering of unmetered
agricultural consumers within sixty (60) days from the date of the Order. The
Commission has specified that the roadmap shall contain budget, and time bound
implementation plan with milestones for completion of metering. Accordingly,
MSEDCL has submitted a plan for the Commissions consideration. This has been
dealt with in detail in the para 4.2.8.
2.37 Load Shedding
2.37.1 VCCI submitted that 23% of total feeders were under load shedding for a period of
5.5 7.5 hours on a day to day basis owing to heavy distribution losses and low
revenue recovery from the corresponding consumers. VCCI highlighted that
MSEDCL has claimed reduction of losses to 12% and revenue recovered to the extent
of 98%. Under such circumstances, VCCI requested MSEDCL to end the load
shedding.
MSEDCL Reply
2.37.2 MSEDCL submitted that load shedding is carried out on feeders with heavy
distribution losses and low revenue recovery. MSEDCL highlighted that such an
arrangement encourages lower losses and higher revenue recovery. Due to such an
arrangement, MSEDCL is successful in making 84% feeders load shedding free. As
per the policy of the Government, MSEDCL submitted that 3 phase electricity supply
to the Agricultural consumers is being ensured in a cyclical manner.
Order in Case No 38 of 2014
Page 45 of 148
Commissions Ruling
2.37.3 The Commission had issued suo motu Order on 26 November, 2012 in Case No. 41 of
2012 in the matters related to load shedding protocol being implemented by
MSEDCL. In this Order, various issues related to load shedding have been already
dealt with.
Page 46 of 148
3
3.1
3.1.1 MSEDCL, in its Petition in Case No. 38 of 2014, sought approval for Final Truing up
of expenditure and revenue for FY 2011-12 based on the actual expenditure and
revenue for FY 2011-12 as per the Audited Accounts. In this Section, the Commission
has analysed all the elements of actual revenue and expenses for FY 2011-12, and has
undertaken the Truing up of expenses and revenue after due prudence check. Further,
for FY 2011-12, the Commission has approved the sharing of gains and losses
between MSEDCL and the consumers on account of controllable factors, in
accordance with Regulation 19 of the MERC (Terms and Conditions of Tariff)
Regulations, 2005.
3.2
3.2.1 MSEDCL submitted that during FY 2011-12 total sales in its licensed area of supply
was 80,132 MU including energy sold to consumers in Bhiwandi, Aurangabad,
Nagpur and Jalgaon franchisee area and for ZLS. It also submitted month-wise
category-wise break-up of sales for its entire licensed area. However, it submitted that
if sales to Bhiwandi, Aurangabad, Nagpur and Jalgaon franchisees are considered at
input level then the total sales would be 81,568 MU.
Table 13: Sales and Revenue for FY 2011-12 as submitted by MSEDCL
Category
Residential
Commercial (HT + LT)
HT-Industrial
LT-Industrial (Including
Powerloom)
PWW
Street Light
Agriculture
Railways
Group Hsg Soc
Others
Sales to DF at Input
Standby Charges
Total Sales for FY 2011-12
Approved in
Case No. 19 of 2012
Revenue
MU
(Rs. crore)
Actual
Revenue
(Rs. crore)
MU
13,103
5,089
25,545
5,003
5,696
4,364
15,643
3,216
13,099
5,067
25,074
4,957
5,800
4,594
16,122
3,093
1,658
831
22,036
1,344
272
66
6,371
681
351
4,431
952
136
88
2,181
396
38,135
1,706
934
21,643
1,325
271
62
6,936
495
81,568
695
385
4,641
1,009
127
249
2,430
397
39,542
81,318
Page 47 of 148
3.2.2 The Commission verified that MSEDCLs statutory auditors have also reported total
sales at 80,132 MU in the notes to MSEDCLs audited accounts.
3.2.3 In reply to a query raised by the Commission regarding credit sales MSEDCL
submitted that credit sales is equivalent to net units given to HT consumers as credit
in their bill against energy pumped by them in grid (mainly NCE sources like wind
energy generators). This is applicable to only those consumers, availing benefit of
third party sale where they get net bill (Actual energy consumed Credit energy on
account of third party sale). For the purpose of energy accounting MSEDCL considers
actual consumption recorded on meters and shows such credit sales separately.
3.2.4 As regards sales to PD consumers MSEDCL submitted that the units shown under the
head Sales to PD Consumers represents the Credit/debit effect given to all
Permanently Disconnected (PD) Consumers during a financial year.
3.2.5 In reply to a query raised by the Commission regarding details of Agriculture
category consumers MSEDCL submitted quarter wise details of number of
consumers, connected load in HP and sales in MU since FY 2009-10 to FY 2013-14
for LT- Ag Metered, LT- Ag Unmetered and HT Ag consumers. The following
table summarise the quarter-wise number of consumers, connected load and sales
pertaining to Agriculture category consumers in the State of Maharashtra.
Page 48 of 148
Quarter
FY 09-10 Q1
FY200910
FY201011
FY201112
FY201213
FY201314
(Apr-13 to
Dec13)
LT-METERED AG
No. of
Conn
Sales
consumers Load (HP)
(MU)
1264324
5343075
1,259
LT-UNMETERED AG
No. of
Conn
Sales
consumers
Load (HP)
(MU)
1438573
6074090
1,747
No. of
consumers
973
HT-AG
Conn Load
(HP)
328626
Sales
(MU)
144
No. of
consumers
2703870
Total
Conn
Load (HP)
11745791
Sales
(MU)
3,150
FY 09-10 Q2
1302147
5507049
1,332
1428914
6033561
1,770
982
354380
52
2732043
11894990
3,153
FY 09-10 Q3
1344806
5691608
1,483
1416867
5982021
1,990
980
354264
69
2762653
12027893
3,541
FY 09-10 Q4
1393567
5885311
1,673
1407668
5940885
2,147
974
353862
125
2802209
12180058
3,945
FY 10-11 Q1
1449226
6125495
1,701
1402859
5924732
2,056
970
354614
141
2853055
12404841
3,897
FY 10-11 Q2
1493072
6419390
1,331
1398020
6126018
1,626
970
354765
39
2892062
12900173
2,997
FY 10-11 Q3
1566393
6818123
1,750
1452688
6441111
1,993
974
355577
68
3020055
13614811
3,811
FY 10-11 Q4
1621818
7650990
2,507
1535159
7252058
2,802
1004
362467
130
3157981
15265515
5,439
FY 11-12 Q1
1673869
8096215
2,316
1551880
7364728
2,669
1005
363862
164
3226754
15824805
5,149
FY 11-12 Q2
1685874
8245391
2,024
1523857
7276327
2,330
1009
365082
85
3210740
15886800
4,439
FY 11-12 Q3
1765765
8557718
2,772
1603206
7797000
3,159
1012
377966
169
3369983
16732683
6,100
FY 11-12 Q4
1818894
9250877
2,790
1616157
8705848
2,873
1018
385382
226
3436069
18342107
5,889
FY 12-13 Q1
1850811
9373740
2,513
1620434
8682439
2,537
1023
390992
203
3472268
18447171
5,253
FY 12-13 Q2
1890469
9589015
2,107
1623940
8686999
2,153
1031
402366
183
3515440
18678379
4,443
FY 12-13 Q3
1917225
9670210
2,743
1626026
8675596
2,615
1032
397190
148
3544283
18742996
5,507
FY 12-13 Q4
1937097
9746049
2,816
1624228
8648480
2,585
1031
409953
233
3562356
18804482
5,635
FY 13-14 Q1
1949275
9805044
2,374
1620647
8582335
2,165
1044
417234
248
3570966
18804614
4,787
FY 13-14 Q2
1963947
9838786
1,975
1612249
8560698
1,934
1046
416130
144
3577242
18815614
4,053
FY 13-14 Q3
2006801
10022753
2,951
1603138
8457832
2,749
1053
422758
132
3610992
18903342
Total
7,300
6,848
Page 49 of 148
523
5,832
14,671
3.2.6 The summary of actual sales reported by MSEDCL and sales approved by the
Commission for FY 2011-12 is given in the table below:
Table 15: Sales for FY 2011-12 (MU)
Order in Case
No. 19 of 2012
Particulars
Total MSEDCL sales
(including sales in DF area)
3.3
74,947
Actual
81,568
Approved after
final Truing up
81,568
3.3.1 MSEDCL submitted that its actual distribution loss for FY 2011-12 had been 16.03%
against 16.27% approved in Order in Case No. 19 of 2012.
3.3.2 MSEDCL submitted that during FY 2011-12, Zero Load Shedding (ZLS) Scheme was
implemented only during the first quarter i.e. up to June 2011. Major portion of the
power procured for implementation of ZLS as well as power procured from traders in
FY 2011-12 was coming from sources within State only. MSEDCL further submitted
the source wise power purchased for ZLS as follows:
Table 16: Source wise ZLS Power Purchase as submitted by MSEDCL
Sr. No.
Source
Quantum (MU)
1
2
3
4
TPTCL
NVVN
CPP
NETSL
49
206
124
97
Total
476
Amount
(Rs. crore)
21
95
59
43
Source Location
Within State
Outside State
Within State
Within State
218
3.3.3 MSEDCL submitted that around 57% of ZLS Power is procured from sources within
State and balance 43% from sources outside State. Accordingly, MSEDCL has
allocated the same % for calculation of energy balance.
3.3.4 Further, MSEDCL submitted the details of the power purchase from traders. The
same are as shown below:
Table 17: Details of power purchase from traders for FY 2011-12 as submitted by MSEDCL
TPTCL
NVVN
PTC
Indrajeet Power
Quantum (MU)
48
124
157
43
Amount
crore)
17
50
50
17
(Rs. Source
Location
Within State
Outside State
Outside State
Within State
Page 50 of 148
IEX
GEPL
PXIL
RIL
RETL
JSW PTCL
NETSL
Korba
Total
Quantum (MU)
483
38
4
83
64
1385
10
373
2812
3.3.5 MSEDCL submitted that around 55% of power is procured from traders within the
State and balance 45% power is procured from traders outside the State. Accordingly,
MSEDCL has allocated the same % for calculation of energy balance.
3.3.6 MSEDCL further submitted that the bifurcation of power received from traders
outside and within the State is given up to quarter ending September 2011, thereafter
from quarter ending December 2011; MSEDCL has made changes in the tender
documents whereby the delivery point is MSETCL periphery. Thus, the bills are
raised and paid for quantum received at MSETCL bus and as such now bifurcation is
not required.
3.3.7 MSEDCL submitted that Final Energy Balancing and Settlement Mechanism (FBSM)
under Intra State ABT has been implemented in the State w. e. f. 1 August, 2011 for
UI and IBSM. With the implementation of ABT, the regional UI which earlier was
allocated to MSEDCL is now allocated to State Pool Participants. Based on this and
under/ over drawl and injection in the State, the net pool imbalance charges are
calculated by Maharashtra State Power Committee (MSPC) considering the net
energy at MSETCL periphery. Hence MSEDCL has considered the entire UI energy
as within the State.
3.3.8 MSEDCL submitted that it has considered NPCIL Tarapur as source within
Maharashtra. Also, there is some portion of energy which is injected and drawn at
33kV which is included in the energy at distribution periphery on which no interstate
transmission losses are applicable.
3.3.9 For energy at distribution periphery injected from 33 kV and above, MSEDCL
submitted that it gets actual energy reading only at three points; (a) at the generation
bus bar; (b) at the T<>D interface (distribution periphery); and (c) at the retail sales
made to consumers. All others figures/ values are derived numbers. Further,
MSEDCL considers metered energy at distribution periphery and metered sales at
consumer end to calculate the distribution loss of MSEDCL. The losses submitted by
MSETCL are taken as Intra-State Loss and balance considered as inter-state loss.
Thus interstate loss is a derived figure.
Order in Case No 38 of 2014
Page 51 of 148
3.3.10 MSEDCL submitted that there is some portion of energy which is received by
MSEDCL, on 33/22/11 kV feeders from MSPGCL & other generators directly
connected to MSEDCL. This energy however gets included in the energy at
distribution periphery on which no intrastate transmission losses would be applicable.
Hence, MSEDCL has shown it separately, under the head Energy at distribution
periphery injected and drawn at 33 kV. Further, the term Other Power on MSEDCL
network relates to the power which has been wheeled over the State transmission
network and accounted for by SLDC as input to the State.
3.3.11 In reply to a query raised by the Commission MSEDCL submitted that due to certain
practical difficulties in laying distribution network, an arrangement is made between
Goa Electricity Department and MSEDCL. According to this arrangement MSEDCL
supplies power to some of the villages in Goa in the border area and MSEDCL also
receives power to some of the villages in Maharashtra in the border area. As such the
units supplied to Goa and units received from Goa are netted off. Such net off gets
reflected in Inter-State sales.
3.3.12 In Order in Case No. 19 of 2012 the Commission had not approved energy balance for
FY 2011-12. The Commission had directed MSEDCL to submit actual energy balance
by properly taking into account the injection and drawl of power wheeled for open
access. In the current Petition MSEDCL has complied with these directions.
3.3.13 The Commission observes that MSEDCL has considered intra-state transmission loss
in FY 2011-12 at 4.29%. However, the SLDCs report on State grid losses for FY
2011-12 shows the same at 4.25%. The Commission has considered the loss level for
intra-state transmission as per SLDCs report. Accordingly, the inter-state loss has
been worked out to 2.32% based on the energy balance for FY 2011-12.
3.3.14 The energy balance reported by MSEDCL and approved by the Commission for FY
2011-12 is presented in the table below.
Table 18: Energy Balance Statement for FY 2011-12 as submitted by MSEDCL and as approved by the
Commission
Sr.
No.
1
A
B
C
D
E
F
Units
FY 2011-12
Particulars
Actual
Purchase within Maharashtra
Purchase from MSPGCL
NPCIL Tarapur
Purchases from other sources & Medium
Term
ZLS
Traders
IBSM + FBSM
Approved
after final
Truing up
MU
MU
43,074.91
3,934.96
43,074.91
3,934.96
MU
21,377.57
21,377.57
MU
MU
MU
271.11
3,541.44
54.14
271.11
3,541.44
54.14
Page 52 of 148
Sr.
No.
F
H
d
2
a
b
c
3
d
e
f
B
4
a
b
c
d
e
f
C
3.4
Units
FY 2011-12
Particulars
MU
MU
MU
1,599.12
736.26
74,589.53
Approved
after final
Truing up
1,599.12
736.26
74,589.52
MU
22,569.71
22,569.71
MU
MU
MU
%
2,897.55
204.53
25,671.78
4.00%
2,897.55
204.53
25,671.79
2.31%
MU
24,620.04
25,079.41
MU
100,261.31
100,261.31
MU
99,209.57
99,668.93
4.29%
4.25%
MU
94,953.48
94,953.48
MU
479.52
479.52
MU
%
MU
MU
95,433.00
16.03%
15,297.91
80,132.47
95,433.00
16.03%
15,300.53
80,132.47
Actual
Other Power on MSEDCL Network
UI
Total Purchase within Maharashtra
Purchase outside Maharashtra
Central Generating Station + NPCIL +
UMPP + Case I + Sardar Sarovar + Pench +
Banking
Traders
Zero Load Shedding
Total Purchase outside Maharashtra
Inter-State Transmission Loss
Total Purchase at Maharashtra
Periphery
Total Power Purchase Payable
Total Power Available at Transmission
Periphery
Energy Available at Distribution
periphery
Intra-state Loss
Energy at Distribution Periphery injected
from 33 kV and above
Energy at Distribution Periphery injected
and drawn at 33 kv
Energy at Distribution Periphery
Distribution Losses
Distribution Losses
Energy Available for Sale
3.4.1 MSEDCL submitted that during FY 2011-12, it has purchased power from MSPGCL,
NTPC, NPCIL, Sardar Sarovar Project, RGPPL, JSW, CGPL Mundra UMPP,
Dodson, captive power projects, Non Conventional Energy sources and other sources.
MSEDCL has submitted that the total power purchase cost for FY 2011-12 was Rs.
32,920 crore, including ZLS Power and Rs. 32,702 crore excluding ZLS Power. The
source-wise break-up of power purchase and power purchase costs as submitted by
MSEDCL is given in the table given below.
Page 53 of 148
Table 19: Source wise break - up of power purchase cost for FY 2011-12
Sr. No.
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Particulars
MSPGCL
NTPC
KSTPS
KSTPS III
VSTP I
VSTP II
VSTP III
Kawas
Gandhar
FSTPP-EP
KhSTPS-I
KhSTPS-II
TSTPS
Sipat TPS 2
Sipat TPS 1
Total NTPC
NPCIL
KAPP
TAPP 1&2
TAPP 3&4
Total NPCIL
SSP
Pench
U.I. Charges/ FBSM
FBSM
Dodson I
Dodson II
RGPPL
Trading Company
Zero Load Shedding
Medium term
IPP - JSW
Powergrid
Reactive Energy Charges
CGPL Mundra UMPP
IBSM
Wheeling Charges
Total Power Purchase
Non Conv. Energy Excl CPP
CPP
Total PP including NCE
Total Cost
(Rs. crore)
13,177.63
3.06
4,553.35
885.27
3,469.20
2,741.31
2,487.32
1,002.23
1,036.99
741.61
2,541.39
622.97
20,081.65
644.70
206.75
998.60
648.40
676.58
490.74
495.51
2.69
7.27
295.04
2.52
649.15
153.72
5,271.66
1.42
2.34
2.88
2.37
2.72
4.90
4.78
3.98
2.55
2.47
2.63
1,192.21
1,257.37
2,677.59
5,127.17
1,148.13
140.76
736.26
60.03
65.28
11,223.58
6,438.99
475.64
2,614.22
1,880.24
6.96
54.14
93,127.96
4,424.81
1,109.42
98,662.19
303.38
122.28
771.04
1,196.70
235.37
28.86
275.78
12.83
16.40
4,963.79
2,626.01
217.83
1,087.05
600.53
750.77
(11.51)
0.50
55.81
1.81
30,507.84
1,938.29
473.97
32,920.09
2.54
0.97
2.88
2.33
2.05
2.05
3.75
2.14
2.51
4.42
4.08
4.58
4.16
3.19
0.72
10.31
3.28
4.38
4.27
3.34
3.4.2 In respect of payments to MSPGCL, MSEDCL submitted that Rs. 197 crore were
paid for Ghatghar O&M costs further, additional reconciliation bill of Paras Parli
amounting to Rs. 132 crore was also paid during FY 2011-12. Also, Rs. 216 crore
were paid as Truing up for the period FY 2004-05 to FY 2008-09. Other adjustments
to the tune of Rs. 130 crore were made during FY 2011-12. Due to shut down of
Chandrapur Plant, there was lower generation from MSPGCL by 900 MU during FY
2011-12.
3.4.3 MSEDCL submitted that Honble CERC has approved Tariff for various stations
Order in Case No 38 of 2014
Page 54 of 148
based on CERC Tariff Regulations 2009 this has resulted in upward trend in power
purchase from NTPC stations for FY 2011-12. Also, due to higher availability of
power from Korba U3 and Sipat I, there was increase in power purchase quantum and
cost from NTPC. Further, MSEDCL submitted that though MSEDCL has not
purchased energy from some eastern region sources of NTPC in the FY 2011-12 and
FY 2012-13, it has made payments towards revised bills raised by these sources
pertaining to earlier period in FY 2011-12 and FY 2012-13.
3.4.4 MSEDCL submitted that the variation in costs pertaining to power purchase from
RGPPL can be attributed to two reasons. Firstly, the Honble CERC has approved
tariff on 20 March 2012 in respect of Ratnagiri Gas and Power Private Ltd (RGPPL),
for the period from 1 September, 2007 to 31 March 2009, this has led to additional
impact of Rs 539.82 crore. Secondly, payment of Advance Income tax of Rs 155.30
crore for FY 2007 to FY 2009, has contributed to the variation in power purchase
costs pertaining to RGPPL. The Commission verified the bills raised and payment
challan pertaining to payment of Advance Income tax of Rs. 155.30 crore as
submitted by MSEDCL and found them to be correct.
3.4.5 MSEDCL submitted that in the Tariff Petition (Case No. 19 of 2012), MSEDCL had
estimated a quantum of 8098 MU from Traders at a rate of Rs. 3.70 per unit.
However, during FY 2011-12 due to higher availability from Korba U3 and Sipat I,
there was lower requirement of power from Traders than that approved by the
Commission.
3.4.6 MSEDCL submitted that for medium term power purchase the Commission had
approved the tariff of Rs. 4.10 per unit for FY 2011-12 the same has been compiled
by MSEDCL. However, in addition to this, MSEDCL has paid transmission charges
pertaining to the power purchase to MSETCL and has also paid the capacity charges
for deemed generation i.e. units not scheduled by MSEDCL.
3.4.7 In reply to a query raised by the Commission MSEDCL submitted that Ghatghar
Pumped Storage Hydro Power Station (250 MW) is operated and maintained by
MSPGCL and is owned by Government of Maharashtra Water Works Department
(GoMWRD). The power house complex of the scheme comprises of two caverns to
accommodate turbine generator units of 125 MW each. On 1 January, 2005,
GoMWRD (Secretary, CAD) and MSPGCL (erstwhile MSEB) had signed a MoU
wherein MSPGCL agreed to take over Ghatghar PSS for O&M on a lease basis for 35
years after the successful commissioning of the project. MSPGCL pays the approved
yearly lease rent to GoMWRD, quarterly on a pro-rata basis as per the Order dated 27
December 2012. As regard payment of Rs. 197 crore for Ghatghar O&M costs
MSEDCL submitted that the Lease Rent of Ghatghar was considered Rs 196.77 crore
on provisional basis for FY 2011-12. However, since the Commission has now
included the Lease rent in MSPGCLs fixed cost for hydro stations, the same is
withdrawn in FY 2013-14.
Page 55 of 148
3.4.8 Further, MSEDCL submitted that Pench Hydro Electric Project (2 x 80 MW)
(wherein Maharashtras share is 53 MW) is an interstate project between Madhya
Pradesh and Maharashtra. Cost and benefits of the Power Part of the project are
shared in the ratio of 2:1 between Madhya Pradesh and Maharashtra. O & M of the
power station is looked after by Madhya Pradesh Electricity Board and maintenance
of civil works of the project is looked after by Maharashtra Government. Narmada
Hydro Electric Project (Sardar Sarovar Project: 6 X 200 MW + 5 X 50 MW) is a
multipurpose inter-state project amongst Madhya Pradesh, Gujarat and Maharashtra.
The total installed capacity of the project is 1450 MW. Maharashtras share of power
from this project is 27% i.e. 391.5 MW. SSP and Pench both are GoM Undertaking
Hydro projects for which Rs. 3 per unit rate was fixed but as decided in Minutes of
Board Meeting (dated 12th January 2007); MSEDCL has been paying Rs 2.05 per
unit.
3.4.9 In reply to a query raised by the Commission regarding additional reconciliation bill
of Paras Parli amounting to Rs. 132 crore, MSEDCL submitted that the Commission,
vide Order dated 13 April 2011, in the matter of Truing up for FY 2007-08 and FY
2008-09 for Parli Unit 6 and Truing up of Paras Unit 3, Annual Performance Review
for FY 2009-10 and determination of Tariff for FY 2010-11 for Parli Unit 6 and Paras
Unit 3 had approved annual fixed cost for Parli Unit 6 and Paras Unit 3 for FY 201011 and accordingly the differential amount of Rs 132 crore is paid to MSPGCL. The
Commission verified the reconciliation bills of Paras Unit 3 and Parli Unit 6
amounting to Rs. 132 crore as submitted by MSEDCL.
3.4.10 In reply to a query raised by the Commission regarding payment of Rs. 216 crore
towards Truing up for the period FY 2004-05 to FY 2008-09, MSEDCL submitted
that the Commission had issued a review Order in Case No. 1 of 2011 on 31 May,
2011 pertaining to its Order dated September 12, 2010 in Case No. 102 of 2009
regarding approval of APR for the year FY 2009-10 and for determination of tariff
and approval of ARR for the year FY 2010-11 of MSPGCL, whereby the Commission
approved recovery of Rs 432.5 crore from MSEDCL in a phased manner (monthly
instalment of Rs 72.08 crore). Out of 6 instalments, 3 instalments were paid in FY
2010-11 and balance 3 instalments amounting to Rs. 216 crore were paid in FY 201112. The Commission verified a sample bill amounting to payment of Rs. 72.08 crore
for the month of May 2011 as submitted by MSEDCL.
3.4.11 In reply to a query raised by the Commission regarding other adjustments to the tune
of Rs. 130 crore made during FY 2011-12 MSEDCL submitted following details:
Table 20: Details of other adjustments as submitted by MSEDCL
Sr. No.
1
2
3
Description
Energy bills reconciliation for FY 2011-12
Energy bills reconciliation for Sept 2006 to Mar 2007
Energy bills reconciliation for FY 2010-11
Amount in Rs.
Crore
(8.84)
0.37
5.62
Page 56 of 148
Sr. No.
4
Amount in Rs.
Crore
178.37
Description
MERC Order in Case No 107 of 2011 dt 30.12.11
Khaparkheda Unit 5 fuel expenses before synchronization
disallowed
Bhusawal fuel expenses before synchronization disallowed
Total
5
6
(28.05)
(18.11)
129.37
3.4.12 The Commission verified proofs of payment as submitted by MSEDCL for the above
mentioned details of other adjustments and found them to be correct.
3.4.13 The Commission observes that the short term power (excluding ZLS) is 6.53% of the
total power purchased (excluding ZLS). The average rate of short term power
purchase was Rs. 4.08 per kWh. As per the Report on Short-term Power market in
India: 2011-12 published by the Honble CERC in FY 2011-12, the average rate of
bilaterally traded power was Rs. 4.18 per kWh and the average rate of power traded at
the power exchange was Rs. 3.57 per kWh. The Commission observes that the
average rate of short term power purchase is lower than the average rate of bilaterally
traded power for FY 2011-12, but higher than the average rate of power traded at
power exchange for FY 2011-12.
Renewable Purchase Obligation for FY 2011-12
3.4.14 As per the MERC (Renewable Purchase Obligation, its Compliance and
implementation of REC framework) Regulations, 2010 (RPO Regulations) notified on
June 7, 2010, each distribution licensee is required to meet 7% of its requirement
through renewable sources for FY 2011-12, including 0.25% through solar sources.
3.4.15 In reply to a query raised by the Commission regarding details of renewable purchase
obligation along with a detailed source wise break up of energy procured MSEDCL
submitted following information:
Table 21: Details of RPO as submitted by MSEDCL
Year of
RPO
FY 2010-11
FY 2011-12
Cogeneration
Biomass
(MU)
991.523
1328.99
Hydro
(MU)
Wind
(MU)
Total RE
(MU)
% RPO
Target
1306.19
1526.29
2401.8
3610.2
4928.1
6779.1
5.75%
6.75%
Gross
consumption
in MU
85357
94967
% RPO
achieved
5.77%
7.14%
3.4.16 MSEDCL submitted the following details of procurement through renewable energy
sources for FY 2011-12.
Table 22: Procurement from NCE sources for FY 2011-12 as per MSEDCL
Source
Bagasse
Biomass
Sale to MSEDCL in MU
As per Accounts (Rs. crore)
1396.30
642.85
248.66
122.85
Page 57 of 148
Source
Wind
Hydro
Solar
Total
Sale to MSEDCL in MU
As per Accounts (Rs. crore)
2624.64
1095.17
144.32
54.52
10.89
22.89
4424.80
1938.29
3.4.17 In reply to a query regarding payment made for power procurement from NCE
sources MSEDCL submitted that the audited monthly report regarding procurement of
NCE and payment made to the generator is received from circle offices and are
consolidated at Corporate Office. The payment is made to the generator as per
prevailing tariff decided by MERC from time to time.
3.4.18 In reply to a query raised by the Commission regarding variation in the actual power
procurement from NCE sources vis a vis approved procurement plan MSEDCL
submitted that, actual quantum of NCE procurement is always likely to vary from the
estimated quantum.
3.4.19 MSEDCL further submitted that in July 2010 the Commission determined Wind Zone
wise Tariff (Wind zone 1, 2, 3, 4) based on the wind power density and Capacity
Utilization Factor (CUF). Zone 1 Tariff was the highest with lowest CUF and Zone 4
Tariff was the lowest with highest CUF. The classification of wind zones was
entrusted to MEDA. MEDA took time to device the procedure for classification of
wind power projects into particular wind zone. Hence, initially wind power generators
were paid the lowest Tariff of wind Zone 4, which was subject to reconciliation after
wind zone classification. During FY 2011-12 the Commission during its Suo-moto
proceedings for RE tariff determination directed MSEDCL to make payments as per
Zone 2 tariff pending MEDA classification which was further subjected to
reconciliation. MEDA subsequently devised the procedure and initiated classification
of wind power projects into particular wind zones. Most of the wind power projects
were classified under wind zone 1 with highest Tariff and MSEDCL had to pay the
difference in tariff to the eligible wind generators. This led to increase in cost for wind
power procurement than the estimated cost.
3.4.20 The Commission has dealt with RPO targets of MSEDCL for FY 2011-12 in Order in
Case No. 180 of 2013 dated 12 March, 2014. As per the said Order MSEDCL is
required to fulfil its solar RPO target cumulatively by FY 2015-16 and Mini/ Micro
Hydro target cumulatively by FY 2015-16.
3.4.21 The Commission verified sample bills submitted by MSEDCL for NPCIL stations,
RGPPL and JSW - Ratnagiri for the months of June 2011, September 2011,
December 2011 and March 2012. The Commission also verified sample bills
submitted by MSEDCL for NTPC power stations for the months of April 2011 and
March 2012; for MSPGCL and Mundra UMPP for the month of March 2012. The
Commission has considered the power purchase cost from MSPGCL as per the
audited accounts. The Commission approves the net power purchase expenses
Order in Case No 38 of 2014
Page 58 of 148
Particulars
Power Purchase Expenses
3.5
Order in Case
Actual
No. 19 of 2012
31,116.00
32,702.09
Approved
after
final Truing up
32,702.09
3.5.1 MSEDCL submitted that it had paid actual intra-state transmission charges including
SLDC charges of Rs. 2,200 crore. Further, it has paid Rs. 750 crore as transmission
charges to PGCIL. The Commission verified this amount in Schedule-23 of the
audited accounts of MSEDCL and has found the amount claimed by MSEDCL to be
accurate. Therefore, the Commission approves the same for Truing up of FY 2011-12.
Table 24: Transmission charges including SLDC charges for FY 2011-12
Particulars
Transmission charges including
SLDC charges
3.6
(Rs. crore)
Order in
Case No. 19
of 2012
Actual
Approved after
final Truing up
2,200
2,200
2,200
3.6.1 Operation and maintenance (O&M) expenses comprise employee expenses, A&G
expenses and R&M expenses. MSEDCL, in its Petition, has submitted that the actual
net O&M expenses for FY 2011-12 were Rs. 3,295 crore, comprising employee
expenses of Rs. 2,299 crore, A&G expenses of Rs. 444 crore and R&M expenses of
Rs. 553 crore. MSEDCLs submission and Commissions ruling on each sub-head of
O&M expenses are given below.
Employee Expenses
3.6.2 MSEDCL submitted that the net employee expenses in FY 2011-12 were Rs. 2,299
crore as against Rs. 2,204 crore approved by the Commission in the Order dated 16
August, 2012 in Case No. 19 of 2012.
3.6.3 MSEDCL submitted that dearness allowance incurred during the year FY 2011-12
was Rs. 631 crore whereas the same was Rs. 429 crore for the FY 2010-11 which is
an increase of almost 50%. Also, the earned leave encashment and gratuity has
increased by 29% and 28% respectively over the previous year.
3.6.4 MSEDCL further submitted that during the FY 2011-12, the actual addition to Capital
Work in Progress (CWIP) is more as compared to estimated addition to CWIP at the
time of submission of the Tariff Petition for FY 2012-13. This has resulted in greater
capitalization of employee expenses as compared to the estimated capitalization
which has resulted in reduction in Net Employee cost.
Order in Case No 38 of 2014
Page 59 of 148
3.6.5 The Commission found the expenses under some sub-heads under the employee
expenses had increased substantially as compared to that incurred in FY 2010-11. The
analysis of the year on year increase between FY 2010-11 and FY 2011-12 is given in
the table given below. The Commission asked MSEDCL to justify such steep
increases in the sub-heads in which the increase was substantially high.
Table 25: Analysis of employee expenses for FY 2011-12
FY 2011-12 (Rs. crore)
Sr. No.
Particulars
As approved in
Order in Case No.
19 of 2012
As per Petition
Basic Salary
1,201.33
1,211.62
428.54
630.80
142.17
141.31
Conveyance Allowance
11.83
15.01
1.20
1.04
156.62
203.27
Other Allowances
84.48
83.32
Medical Reimbursement
21.33
21.86
Overtime Payment
23.30
26.00
10
35.41
41.01
13.94
17.09
0.07
0.43
14
Bonus/Ex-Gratia Payments
Interim Relief / Wage
Revision
Staff welfare expenses
VRS Expenses/
Retrenchment
Compensation
Commission to Directors
15
Training Expenses
16
1.45
1.03
17
2,121.67
2,393.79
18
198.39
207.97
20
Terminal Benefits
Provident Fund
Contribution
Provision for PF Fund
21
Pension Payments
0.54
0.65
22
Gratuity Payment
260.69
333.96
23
Others
27.37
7.61
24
2,608.66
2,943.98
25
561.79
645.46
26
2,046.87
2,298.53
11
12
13
19
3.6.6 In response to the directives issued by the Commission in the Interim Order dated 3
Order in Case No 38 of 2014
Page 60 of 148
March 2014 (Case No. 38 of 2014) MSEDCL submitted that the employee expenses
are entirely uncontrollable. The employee expenses incurred by the company are
purely on the basis of the guidelines issued by competent authorities/ service
regulations of the company. The major elements of employee expenses are basic pay,
dearness allowance and terminal benefits. The basic pay, annual increments and
increments on promotion are based as per already decided rules & regulations of the
company. Further, the dearness allowance is given as applicable to the State
Government and Central Government employees. The terminal benefits such as
gratuity and leave encashment are based on Gratuity Act/ companys Rules &
Regulations. Moreover, the valuation of Gratuity and leave encashment is done
through third party i.e. Actuary. Hence, the entire expenditure incurred by the
company is a legitimate expenditure and any variation is beyond its control.
3.6.7 As regard increase in Dearness Allowance (DA) MSEDCL submitted that the DA to
the employees of MSEDCL is given at the same rate as that to the employees of the
State Government. Further, the State Government follows the rate of DA given to the
Employees of Central Government. Whenever the Central Government announces
increase in DA, the same is followed by the State Government. However, payment of
the same to MSEDCL employees is generally deferred for three to four months after
increase in DA to the Central Government employees, since the State Government has
to announce the applicability of the same for State Government Employees. MSEDCL
extends benefit of increased DA to its employees in the same month in which the
State Government adopts the increased DA. Further, during FY 2011-12, there is an
increase of in Rs. 202.26 crore in DA, i.e. around 47% as compared to the DA paid in
FY 2010-11. During the FY 2011-12 the rate of DA has been increased by 14% (i.e.
in July 2011 by 7% and further in January 2012 by 7%). Further, the increase in DA
of 6% which was due in the FY 2010-11, was deferred by 3 months and the same has
actually been given in the FY 2011-12. Thus the impact of the overall increase in DA
in FY 2011-12 in actual terms stands at 47%. Further, there will also be impact on
increase in DA due to increase in the amount of basic salary. Considering this, there
was increase in DA by 46.7% in the FY2011-12 over FY 2010-11.
3.6.8 As regard increase in earned leave encashment MSEDCL submitted that there are two
types of earned leave encashment benefits given to the employees:
3.6.9 Earned leave encashment during service period: Wherein an employee can encash
maximum of 30 days leave at a time out of his accumulated leave balance within a
block period of two years. Amount paid for leave encashment is on the basis of salary
drawn (i.e. Basic Salary, Dearness Allowance, Compensatory Leave Allowance) for
the month for which leave is encashed.
3.6.10 Leave Encashment on Retirement: Wherein on retirement, an employee is entitled for
leave encashment for accumulated leave balance not exceeding 300 days on the basis
of last salary drawn.
Page 61 of 148
3.6.11 MSEDCL further provided the bifurcation of leave encashment into two types as
follows:
Table 26: Bifurcation of amount of leave encashment for FY 2011-12 as provided by MSEDCL (Rs.
crore)
Sr.
No.
1
2
Particulars
Earned leave encashment during
service period
Leave encashment on retirement
Payment to retired employees
during the year
Provision for employees to be
retired in future
Total
FY
2010-11
FY
2011-12
Increase/
(decrease) over
previous period
49.96
19.47
(30.49)
99.02
110.18
11.16
7.64
73.59
65.95
156.62
203.24
46.62
3.6.12 MSEDCL submitted that in case of earned leave encashment during service period,
every year 30 earned leaves are added and the employees encash the leaves for which
the cumulative earned leaves are expected to exceed 300 days. An employee can
encash leave once in a block period of two years. Generally in the beginning of the
block year there is higher encashment. In case of leave encashment on retirement to
the employees during the year, the payment depends on the number of employees
retired during the year. In the FY 2011-12 the number of employees retired was 3711.
In case of leave encashment provision for employees to be retired in future, the
provision is made on the basis of actuarial valuation from experts as per AS-15. The
actuary considers various parameters & assumptions such as discount rate, salary
escalation rate etc. and decide the amount of liability towards leave encashment of the
employees to be retired in future as on year end accordingly issues certificate. Thus
the same is based on actuarial valuation.
3.6.13 MSEDCL submitted breakup of comparison of gratuity payments made to employees
in FY 2010-11 and FY 2011-12 as follows:
Table 27: Details of amount of gratuity payment made to employees in FY 2011-12 as provided by
MSEDCL (Rs. crore)
Sr.
No.
1
2
Particulars
Payment of Gratuity to Retired
Employees during the year
Provision of Gratuity for
Employees to be retired in
future
Total
FY
2010-11
FY
2011-12
Increase over
previous period
173.70
227.45
53.75
86.99
106.51
19.52
260.69
333.96
73.27
Page 62 of 148
3.6.14 MSEDCL submitted that payment of gratuity to retired employees during the year
depends on the number of employees retired during the year. In FY 2011-12 number
of employees retired was 3711. As regard provision of gratuity for employees to be
retired in future the provision is made on the basis of actuarial valuation from expert
as per AS -15. The actuary considers various parameters & assumptions such as
discount rate, salary escalation rate etc. and decide the amount of liability towards
gratuity of the employees to be retired in future as on year end accordingly issues
certificate. Thus the same is based on actuarial valuation.
3.6.15 MSEDCL submitted that it has capitalised employee expenses to the extent of Rs.
645.46 crore in FY 2011-12. The Commission approves the capitalised employee
expenses of Rs. 645.46 crore as submitted by MSEDCL, which is as per audited
accounts.
3.6.16 The Commission verified all heads of the employee expenses as claimed by MSEDCL
in the Schedule-24 of the audited accounts of MSEDCL and has found the amounts
claimed by MSEDCL to be accurate. Also, the explanation submitted by MSEDCL
for increase in employee expenses compared to the approval is found to be
satisfactory. Therefore, the Commission approves the net employee expenses of Rs.
2298.53 crore for FY 2011-12, as submitted by MSEDCL.
3.6.17 The Commission while approving the Employee expenses in Order in Case No. 19 of
2012 considered the increase in point to point inflation between March 2011 and
March 2012 in the Consumer Price Index (CPI) for Industrial Workers. The
Commission had escalated the Trued-up employee expenses for FY 2010-11 by the
point to point inflation to arrive at the approved gross employee expenses for FY
2011-12. The Commission, after considering the above submissions by MSEDCL,
approves the gross actual Employee expenses for FY 2011-12 as submitted.
Table 28: Employee expenses for FY 2011-12 (Rs. crore)
Sr.
No.
1
2
3
Particulars
Gross Employee expenses
Less Employee expenses
capitalised
Net Employee expenses
As per Order in
Case No. 19 of
Actual
2012
2,608.66 2,943.98
561.79
Approved
after final
Truing up
2,943.98
645.46
645.46
2,046.87 2,298.53
2,298.53
A&G Expenses
3.6.18 MSEDCL submitted that the net A&G expenses in FY 2011-12 were Rs. 444 crore as
against Rs. 290 crore approved by the Commission in the Order dated 16 August,
2012 in Case No. 19 of 2012.
3.6.19 The Commission found that the expenses under some sub-heads under the A&G
expenses had increased substantially as compared to that incurred in FY 2010-11. The
Order in Case No 38 of 2014
Page 63 of 148
Sr.
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Particulars
Rent Rates & Taxes
Insurance
Telephone & Postage, etc.
Legal charges & Audit fee
Professional, Consultancy, Technical
fee
Conveyance & Travel
Electricity charges
Water charges
Security arrangements
Fees & subscription
Books & periodicals
Computer Stationery
Printing & Stationery
Advertisements
Purchase Related Advertisement
Expenses
Contribution/Donations
License Fee and other related fee
Vehicle Running Expenses Truck /
Delivery Van
Vehicle Hiring Expenses Truck /
Delivery Van
Cost of services procured
Outsourcing of metering and billing
system
Freight On Capital Equipments
V-sat, Internet and related charges
Training
Bank Charges
Miscellaneous Expenses
Office Expenses
Others
Gross A&G Expenses
Less: Expenses Capitalised
Net A&G Expenses
FY 2010-11
(Rs. crore)*
FY 2011-12
(Rs. crore)
45.69
0.33
17.86
11.97
40.97
0.42
21.75
13.75
10.14
14.33
17.73
15.73
4.02
38.09
19.36
0.11
52.65
15.63
9.30
17.39
106.27
3.89
44.31
37.19
0.20
58.29
12.46
6.09
0.34
0.44
8.85
9.31
23.00
27.11
65.83
66.01
1.38
47.75
0.66
9.95
23.38
439.75
207.78
231.97
0.43
49.17
1.15
10.86
25.18
566.97
122.94
444.03
Page 64 of 148
Sr.
No.
1
2
3
4
Particulars
Electricity charges
Fees & subscription
Computer stationery
Others
Total
FY 2010-11
FY 2011-12
15.73
19.36
52.65
352.01
439.75
106.27
37.19
58.29
365.22
566.97
Increase/
(decrease) over
previous period
90.54
17.83
5.64
13.21
127.22
3.6.24 As regard fees & subscription MSEDCL submitted that expenditure on Account of
distribution license fee for the FY 2012-13 amounting to Rs. 24.36 crore has been
wrongly expensed out in the FY 2011-12 instead of showing it as prepaid expenses in
that year. Hence there is an increase in expenses pertaining to fees & subscription in
FY 2011-12 and reduction in FY 2012-13. As regard increase in expense pertaining to
computer stationery MSEDCL submitted that the increase in expenses is due to
increase in number of consumers. Further the increase in the prices of stationery and
overall inflation has contributed to the overall increase. Considering the present trend
of inflation, there is increase over previous year in most of the expense heads such as
conveyance and travel, freight on capital equipment, vehicle running and vehicle hire
expenses etc. Further increase has also resulted due to increase in fuel prices, increase
in no. of consumers, special recovery drive, theft detection drive, public awareness etc
3.6.25 In reply to a query raised by the Commission regarding Rs. 25 crore booked by
Order in Case No 38 of 2014
Page 65 of 148
MSEDCL under the head others MSEDCL submitted a breakup of the A&G
expenses booked under the head others.
Table 31: Break up of expenses booked under head others as submitted by MSEDCL
Sr. No.
1
2
3.6.26 MSEDCL submitted that it has capitalised A&G expenses to the extent of Rs. 123
crore in FY 2011-12. The Commission approves the capitalised A&G expenses of Rs.
123 crore as submitted by MSEDCL.
3.6.27 The Commission while approving the A&G expenses in Order in Case No. 19 of 2012
considered the weighted average increase in point to point inflation between March
2011 and March 2012 in the Consumer Price Index (CPI) for Industrial Workers
(weightage 40%) and Wholesale Price Index (WPI) (weightage 60%). Based on the
this weighted average increase the Commission escalated the approved net A&G
expenses for FY 2010-11 to arrive at the approved A&G expenses for FY 2011-12.
Hence, for computation of gains and losses, the Commission has considered the actual
expenses of Rs. 444.03 crore for comparison with the approved A&G expenses of Rs.
290 crore approved by the Commission in the Order in Case No. 19 of 2012 as well as
in this Order. The Commission has carried out the computation of gains and losses in
Section 3.23 of this Order.
Table 32: Approved A&G expenses for FY 2011-12
Sr.
No.
1.
Particulars
Net A&G expenses
(Rs. crore)
As per Order in
Case No. 19 of
2012
Actual
Approved
after final
Truing up
290
444.03
290
R&M expenses
3.6.28 MSEDCL submitted that the R&M expenses in FY 2011-12 were Rs. 553 crore as
against Rs. 569 crore approved by the Commission in the Order dated 16 August,
2012 in Case No. 19 of 2012.
3.6.29 The Commission while approving the R&M expenses in Order in Case No. 19 of
2012 considered the increase in point to point inflation between March 2011 and
March 2012 in the Wholesale Price Index (WPI). The Commission had escalated the
Trued-up employee expenses for FY 2010-11 by the point to point inflation to arrive
at the approved Net R&M expenses for FY 2011-12.
Page 66 of 148
3.6.30 The Commission verified the amount claimed by MSEDCL for Net R&M expenses
with that in the Schedule-25 of the audited accounts of MSEDCL and has found the
amount claimed by MSEDCL to be accurate. However, after Truing up, the
Commission approves the normative expense of Rs. 569 crore as was approved in the
Order in Case No. 19 of 2012 based on inflation indices. For computation of gains
and losses, the Commission has considered the Trued-up expenses of Rs. 569 crore
for comparison with the actual net R&M expenses of Rs. 553 crore. The Commission
has carried out the computation of gains and losses in Section 3.23 of this Order.
Table 33: Approved R&M expenses for FY 2011-12
Sr.
No.
Particulars
2
3
3.7
As per Order in
Case No. 19 of
2012
569
553
Approved
after final
Truing up
569
569
553
569
Actual
3.7.1 MSEDCL submitted the capitalisation for FY 2011-12 as Rs. 6,659 crore, of which
Rs. 6,053 crore was on account of capitalisation of DPR schemes. This was against
Rs. 5,987 crore approved in the Order dated 16 August, 2012 in Case No. 19 of 2012.
The project details, capital expenditure and capitalisation submitted by MSEDCL are
shown below:
8382.98
3970.01
6742.97
GFSS - I
894.71
29.33
1032.93
50.62
968.00
73.29
GFSS - II
1299.91
79.85
1055.85
459.69
994.40
209.48
91.73
226.21
112.24
205.95
GFSS - III
Fixed Capacitor
Scheme
56.50
39.40
41.30
0.62
2.52
AMR
47.52
14.79
10.53
APDRP
Overrun of capital
expenditure
Project Title
Sr. No.
Excess Capitalisation
3426.89
Cumulative capitalisation
Cumulative Capital
Expenditure
9013.96
Page 67 of 148
778.77
103.65
496.77
Phase-II
237.53
37.72
331.71
170.02
R-APDRP A
300.59
62.00
69.47
21.81
21.81
R-APDRP B
3406.05
0.10
Internal Reform
a
b
DTC Metering
Phase-II ( Part I &
II )
92.49
20.70
141.85
23.18
141.49
49.00
Phase-III
149.59
47.06
127.66
40.88
90.76
SPA:PE
2462.01
765.69
2201.94
831.64
2051.44
10
P:SI
276.73
147.01
482.84
38.54
309.46
11
P:IE
187.84
63.40
317.66
70.53
310.97
12
DRUM
147.38
0.06
187.47
1.60
187.01
39.63
13
924.73
235.86
797.62
271.75
627.02
14
RGGVY
Elimination of 66
KV line
147.70
0.04
0.04
15
INFRA PH II
6323.34
16
721.21
302.00
302.00
130.93
18
GFSS IV
LT Capacitor
Scheme I& II
Single Phasing Left out villages
267.71
35.98
35.98
33.79
33.79
19
GFSS (Shrirampur)
87.43
20
Scada Part A
161.88
0.29
0.29
28.21
36.40
7.06
0.75
21
22
23
24
25
26
New Schemes
Smart Grid Project
Pilot at Baramati
Deogad Wind
Power Project
Establishment of
meter testing
NABL Labs at
Napur & Pune
Ag DSM-Pilot
project in
Mangalwedha
solapur
Star rated celing
fan Phase-I
Star rated celing
fan Phase-II
Overrun of capital
expenditure
Project Title
Sr. No.
17
Excess Capitalisation
Cumulative capitalisation
1136.56
Cumulative Capital
Expenditure
Phase-I
Page 68 of 148
Additional GFSS
Left Out
28
Solar Ag Pump
Total
Excess Capitalisation
Cumulative capitalisation
Overrun of capital
expenditure
Cumulative Capital
Expenditure
Project Title
Sr. No.
27
427.30
2.07
29385.56
5407.62
16552.11
6053.20
13387.60
161.92
3.7.2 The information as submitted by MSEDCL for FY 2011-12 for Non-DPR schemes is
as below:
Table 35: Non-DPR schemes in FY 2011-12 (Rs. crore)
Sr.
No.
Particulars
1
2
3
4
a
b
c
d
e
5
a
b
c
d
6
7
8
9
10
FMS
MIS
Load Management
Distribution Scheme
P.F.C. Urban Distribution
Scheme
MIDC Interest free Loan
Scheme
Evacuation
Evacuation Wind Generation
Agriculture Metering
R E Dist
I- R E / N D
DPDC / Non-Tribal
DPDC / SCP
DPDC / TSP + OTSP
Rural Electrification ( Grant )
JBIC
New consumers
Back log
AG AMR
Single Phasing
Capital
Capitalisation
Expenditure during during FY 2011FY 2011-12
12
2.02
0.96
8.77
15.59
43.50
41.32
88.83
25.27
26.32
8.00
48.98
87.60
737.79
-
48.06
40.65
81.78
34.91
44.08
8.90
15.07
87.60
202.60
25.14
Page 69 of 148
Sr.
No.
11
Particulars
ERP
Total
Capital
Capitalisation
Expenditure during during FY 2011FY 2011-12
12
1,118.40
605.34
3.7.3 The Commission observed some deviations from the in-principle approval and
directed MSEDCL to submit the actual year-wise phasing of capital expenditure and
capitalisation for each of the schemes, the reasons for excess capitalisation, if any, and
the benefits accrued in each of the capital expenditure schemes. The Commission
noticed that there have been incidences of cost over-run in few of the DPR schemes.
The Commission also noticed that the total over-run in costs against the approved
capitalisation was Rs. 161.92 crore. However, MSEDCL provided the reasons for
such cost over-run and the Commission has found the reasoning provided to be
satisfactory.
3.7.4 MSEDCL submitted that the capitalisation for Non-DPR schemes was Rs. 605 crore
in FY 2011-12, which works out to 10 % of DPR schemes. The Non-DPR
capitalisation is less than 20% of capitalisation of DPR schemes for FY 2011-12
which is well within the norm followed by the Commission.
3.7.5 MSEDCL submitted that as per the Schedule 12 of the audited accounts the Addition
to Gross Block is Rs. 6,770 crore. In Form 4, MSEDCL has shown only Scheme
Related Capitalisation whereas total capitalisation includes land and land rights,
buildings etc. i.e. additional amount of Rs. 112 crore as other adjustments by
Corporate Office.
3.7.6 In reply to a query raised by the Commission regarding other adjustments by
Corporate office MSEDCL submitted that there are certain items of General Assets
such as land & land rights, buildings, vehicles, furniture & fixtures, office equipments
& other civil works etc. which are not covered in any infrastructure schemes, but
these assets are necessary to run day to day business activities. Hence these items
have been shown as other adjustments. The Commission has adopted the approach for
dealing with assets capitalised but not forming part of any specific scheme as per
Order in Case No. 19 of 2012 which was based on the submission made by MSEDCL.
Accordingly, the Commission has considered the impact of Rs. 112 crore
capitalisation only on depreciation and not on interest and return on equity
computation.
3.7.7 The Commission approves capitalisation as submitted by MSEDCL for FY 2011-12.
The capitalisation approved for FY 2011-12 is as follows:
Page 70 of 148
Particulars
DPR Schemes
Non-DPR Schemes
Other Adjustments by
Corp Office
Total Capitalization
3.8
(Rs. crore)
Actual
Approved after
final Truing up
5095.00
6053.20
6053.20
892.00
-
605.34
112.00
605.34
112.00
5987.00
6770.54
6770.54
3.8.1 The depreciation for FY 2011-12 was approved at Rs. 815.25 crore in the Order in
Case No. 19 of 2012. In the present Petition, MSEDCL has claimed depreciation of
Rs. 871 crore for FY 2011-12. The Advance Against Depreciation (AAD) for FY
2011-12 was approved at Rs. 198.84 crore in the Order in Case No. 19 of 2012. In the
present Petition, MSEDCL has claimed AAD of Rs. 22 crore for FY 2011-12.
3.8.2 MSEDCL submitted that depreciation has been calculated taking into consideration
the opening balance of assets in the beginning of the year and the capitalization for
the year. The depreciation rates are taken as per the MERC (Terms and Conditions of
Tariff) Regulations, 2005
3.8.3 The Commission checked for the maximum allowable limit for accumulated
depreciation for various assets, and found that the assets have been depreciated up to
the maximum allowable limit of 90% of the original cost of the assets as per the
Regulation 34.4.1 of MERC (Terms and conditions of Tariff) Regulations, 2005.
3.8.4 The opening balance of GFA for FY 2011-12 has been considered the same as the
closing balance of GFA for FY 2010-11. The Commission has considered the average
depreciation rate as submitted by MSEDCL for computation of depreciation.
3.8.5 In addition to the depreciation, MSEDCL has claimed an amount of Rs. 198.84 crore
as Advance Against Depreciation (AAD) for FY 2011-12. However, the Commission
noticed that MSEDCL had not submitted the required information as required in Form
4 of the Tariff filing formats. The Commission had directed MSEDCL to submit the
information during the proceedings of Truing up for FY 2011-12 and FY 2012-13. In
this regard MSEDCL submitted that the cumulative figures of assets, depreciation,
loan or AAD is not available for the assets created at the time of erstwhile MSEB and
therefore there is a practical difficulty in providing the information on AAD as per
Form 4.
3.8.6 Hence, the Commission directs MSEDCL to furnish the information on AAD as
required in Form 4 of the Tariff filing formats during the submission of MYT Petition
for Tariff determination. MSEDCL is required to furnish details of the cumulative
Order in Case No 38 of 2014
Page 71 of 148
loans taken and repayment, accumulated depreciation, AAD and all information
required in Form 4 of the formats for each of the following three cases, (i) for all the
on-going schemes, (ii) all schemes from FY 2005-06 as per actual, and (iii) estimates
from the MSEB period, based on certain capital expenditure funding assumptions, if
information is not available with MSEDCL.
3.8.7 The Commission has approved AAD in accordance with Regulation 34.4.2 of MERC
(Terms and conditions of Tariff) Regulations, 2005. Accordingly, the Commission
approves depreciation, including AAD for FY 2011-12 as shown below.
Table 37: Depreciation for FY 2011-12
Particulars
Opening GFA
Addition to GFA during the year
Retirement of assets during the year
Closing GFA
Depreciation
Depreciation (as % of Average GFA)
Repayment
AAD
Depreciation + AAD
3.9
(Rs. crore)
Order in
Approved
Case No.
Actual
after final
19 of 2012
Truing up
19316.57 20,499.64
19,316.57
5987.33
6,658.54
6,658.54
0.47
0.47
25303.9 27,157.71
25,974.64
815.25
871.20
827.94
3.65%
3.66%
3.66%
1014.09
892.76
892.76
198.84
21.56
64.81
1014.09
892.76
892.76
Interest expenses
3.9.1 The Commission, in its Order dated 16 August, 2012, had approved interest expenses
of Rs. 802.65 crore after considering the interest on debt corresponding to capitalised
assets only. MSEDCL submitted that the actual net interest expense on long-term
loans in FY 2011-12 was Rs. 845 crore. The actual loan addition during FY 2011-12
reported by MSEDCL was Rs. 4150 crore.
3.9.2 In reply to a query raised by the Commission regarding interest rate applicable to loan
from Ratnagiri DCC Bank and Sindhudurg Bank MSEDCL submitted that on 29
March 2010 it availed a loan of Rs.100 crore from Ratanagiri DCC Bank at a fixed
interest rate of 9% for 7 years and subsequently another tranche of loan of Rs. 50
crore on 24 March, 2011 with a fixed rate of interest of 10% for 5 years. Also Rs.75
crore loan was availed on 30 July, 2010, from Sindhudurg Bank with fixed rate of
9.25% for 7 years. Debt servicing is done and interest expenses are booked as per the
terms and conditions of the loan agreements executed with above bankers at a fixed
rate of interest of 9%, 10% and 9.25%.
3.9.3 In reply to a query raised by the Commission regarding EMI Swapping of loan/
debt restructuring premium MSEDCL submitted that in the FY 2002-03, the
Order in Case No 38 of 2014
Page 72 of 148
erstwhile MSEB approached REC and requested to swap old high interest rate bearing
loan (with interest rates of 14% to 15%) with loans (with prevailing lower interest rate
of 10.05%) for 378 schemes having outstanding balance of Rs. 188.72 crore.
Considering, the request, REC restructured the high interest rate bearing loan with
lower interest rate bearing loan. After unbundling of erstwhile MSEB the same
reflected in the books of accounts of MSEDCL. The loans have outstanding amount
as on 31 March, 2013 as Rs. 2.94 crore, further MSEDCL has paid Rs. 0.79 crore
towards EMI - Swapping of Loan/Debt Restructuring Premium for FY 2011-12.
3.9.4 In reply to a query raised by the Commission regarding GoM loan MSEDCL provided
following details.
Table 38: Details of GoM loans (RGGVY loans) as provided by MSEDCL (Rs. crore)
Sr. No.
1
2
3
4
Particulars
Loan for Harijan Basti
Loan for regional imbalance
Plan loan
APDRP loan
Total
FY 2011-12
145.94
142.63
102.39
17.09
408.05
3.9.5 In its Petition, MSEDCL did not submit the amount of consumer contribution and
grants received to fund the capital expenditure of FY 2011-12. The Commission
raised this query and MSEDCL provided details of the funding pattern of capital
expenditure for FY 2011-12. The Commission also reconciled the funding pattern
from the audited accounts of MSEDCL and found it to be accurate.
Table 39: Funding patter of capital expenditure as per audited accounts of MSEDCL (Rs. crore)
Sr. No.
1
2
3
4
Particulars
Consumer Contribution
Grants received during the year
Equity
Debt
Total Capital Expenditure
Amount
248
2128
4150
6526
%
0.00%
3.80%
33.90%
66.10%
3.9.6 The Commission has considered the funding pattern for capitalisation for FY 2011-12
in the same ratio as that of the capital expenditure. As per MSEDCLs submission for
Return on Equity Rs. 1,818 crore is funded via equity out of the total capital
expenditure excluding grants of Rs. 6,278 crore during FY 2011-12. Also,
correspondingly Rs. 1,854.79 crore pertains to equity portion of capitalisation for FY
2011-12. However as per the forms for capital expenditure submitted by MSEDCL,
Rs. 2,128 crore of equity funding was reported for capital expenditure in FY 2011-12.
As this means a contribution of 33.90% of equity, it was above the limit of
permissible 30%. Due to lack of reconciliation the Commission has considered the
equity at Rs. 1,854.79 crore for funding of capitalisation, as submitted by MSEDCL
in the form for computation of Return on Equity. This is also within the limit of 30%
Order in Case No 38 of 2014
Page 73 of 148
Particulars
ARR Order
(Case No. 19
of 2012)
Actual
As per
ROE
submission
Allowed after
Truing up
As per Capital
Expenditure
form
6,526
6,526
6,526
248
248
2,128
1,818
4,150
4,460
6,658.54
6,658.54
1,818
Debt
Funding pattern for capitalization during FY 2012-13
Total Capitalisation
Grants received
during the year
5,987.33
6,658.54
196.10
Equity
1,039.09
Debt
4,503.28
253.04
1,854.79
1,854.79
4,550.71
3.9.7 The interest rate for the long-term loans has been considered as per the actual
effective interest rate of MSEDCL for FY 2011-12, arrived by dividing the gross
interest expense by the average balance of opening and closing loans. This interest
expense has been computed as 10.92%. Moreover, the repayment has been considered
equal to the depreciation allowed for FY 2011-12. In this regard, it may be noted that
the Tariff Regulations of the Commission requires repayment to be considered as
equal to depreciation allowed. The relevant portion of the Tariff Regulations, 2005 are
quoted below.
The loan capital calculated using the normative debt:equity ratio under Regulation
61 above shall be assumed to be repaid each year based on a normative repayment
schedule:
Provided that the amount of such normative repayment for a year shall be equal to
the amount of depreciation on the fixed asset to which such loan relates:
Provided further that where the outstanding normative loan balance is less than the
Order in Case No 38 of 2014
Page 74 of 148
(Rs. crore)
Opening Balance
5,795.45
8,170.81
Additions
4,503.28
4150.42
Approved
after final
Truing up
5,795.45
4,550.71
Repayments
Closing Balance
Gross interest expense
Less: IDC
Net Interest expense
Average interest rate (%)
1,014.09
9,284.64
802.65
802.65
10.60%
892.76
11,428.47
1,070.16
225.01
845.15
10.92%
827.94
9,518.22
836.16
836.16
10.92%
Particulars
Order in Case
No. 19 of 2012
Actual
3.10 Interest on working capital and consumers Security Deposits and Other Interest
and Finance Charges
3.10.1 MSEDCL submitted that the Commission has not allowed any interest on working
capital since the provision of reducing the working capital by the total amount of
security deposits leads to negative net working capital which results in the zero
working capital requirement based on normative principle. Further, the amount of
security deposits as reflected in the books of accounts of MSEDCL is just a notional
amount. MSEDCL has not physically received such deposit in cash from erstwhile
MSEB as a part of the Transfer Scheme. MSEDCL requested the Commission to
allow this expense.
3.10.2 MSEDCL submitted that other interest and finance charges include interest on
security deposits at 6% p.a., guarantee charges, finance charges, stamp duty and
service fee for availing loans. Further, MSEDCL submitted detailed break up of
Finance Charges for FY 2011-12 as shown below.
Table 42: Detailed break up of Finance Charges as submitted by MSEDCL
Sr. No.
1
2
3
4
5
Particulars
Bank charges for Remittances
Other Bank Charges
Commitment Charges
Amount payable to Mahagenco on account
of late payment of power supply bills
Other interest payments
Total
100.02
3.10.3 MSEDCL further submitted a detailed breakup of Rs. 121.38 crore as deposits
collected from consumers in FY 2011-12 for service connections, deposits against
burnt meters, advance payment against energy bills, miscellaneous deposits etc.
MSEDCL submitted that these deposits are not security deposits and hence it has not
considered these as part of the computation for interest on consumer security deposit.
3.10.4 MSEDCL submitted that it has filed an Appeal before the Honble ATE contesting
disallowance of interest on working capital in Tariff Order dated 16 August, 2012.
The present Petition has been submitted without prejudice to any of its rights and
contentions taken by MSEDCL in the said Appeal. MSEDCL reserves its right to
again approach the Commission depending on the final decision on the Appeal.
3.10.5 Further, the Judgement in the said Appeal (Appeal no. 227 of 2012 & IA no. 20 of
2014) has been passed by the Honble ATE on 30 May, 2014. In the said Judgement
the Honble ATE has upheld the decision of the Commission, observing, Interest on
working capital: The contention of the Appellant regarding deduction of consumer
security deposit from the working capital requirement is rejected as it is inconsistent
with the Tariff Regulations and the consumers cannot be burdened on this account
especially as they had deposited the security with the erstwhile Electricity Board
which is reflected in the books of accounts of the Appellant.
3.10.6 The Tariff Regulations, 2005 clearly stipulate that working capital interest has to be
considered on normative basis. In MSEDCLs case, because of the significant amount
of consumers security deposit lying with MSEDCL (as per its books of accounts),
and the credit period of one-month considered on power purchase expenses, the
normative working capital requirement works out to be negative for FY 2011-12.
Hence, the Commission has considered the interest on working capital as nil for FY
2011-12.
3.10.7 MSEDCL submitted interest on consumer security deposit for FY 2011-12 as Rs.
252.28 crore. The Commission verified this amount as per the audited accounts and
found it to be correct. Hence, the Commission has considered Rs. 252.28 crore
towards interest on consumer security deposit for FY 2011-12
3.10.8 As regards amount payable to Mahagenco on account of late payment of power
supply bills, the Commission enquired the reason for incurrence of this expense. In
reply to this query MSEDCL submitted that for FY 2011-12, MSEDCL did not
receive any Tariff hike and the Commission vide Order in Case No. 115 of 2009 dated
31 March 2010 ruled that the existing Tariff would continue to be in force till such
time as revised Tariff is determined by the Commission. Hence, MSEDCL continued
with the same Tariff approved by the Commission for FY 2010-11 in FY 2011-12.
MSEDCL further submitted that its cash flow situation aggravated due to power
purchase at high rate of Rs. 4.05 per unit from Traders and non passage of FAC to the
Order in Case No 38 of 2014
Page 76 of 148
Particulars
Interest on working capital
Interest on security deposit
Guarantee charges
Finance charges
Stamp duty
Total interest on working
capital, other interest and
finance charges
Order in Case
No. 19 of 2012
Actual
Approved
after final
Truing up
259.37
14.33
31.67
11.86
339.37
252.28
11.65
100.02
5.48
252.28
11.65
18.45
5.48
317.23
708.80
287.86
Page 77 of 148
where incentives/ discounts are shown as Rs. 221 crore. However, the amount
claimed by MSEDCL also includes an amount of Rs. 0.17 crore paid as incentive to
distribution franchisee. MSEDCL has also not provided any details as to what this
amount pertains to. Since, this expense does not form a part of the regulatory
accounts; the Commission has not accepted the claim of MSEDCL in this regard. The
Commission therefore approves Rs. 220.83 crore as Incentives and Discounts for FY
2011-12, as shown in the table below:
Table 44: Incentives/ Discounts for FY 2011-12
(Rs. crore)
Particulars
As per Order in
Case No. 19 of 2012
Actual
Approved after
Truing up
Incentives/ Discounts
150
221
220.78
Sr. No.
1
2
3
4
5
(Rs. crore)
Particulars
Compensation for injuries, death and damages to staff
Compensation for injuries, death and damages to outsiders
Intangible Assets written off
Interest on staff welfare Fund
Non-moving items written off
Total
Amount
7
10
7
3
1
28
3.12.3 In reply to a query raised by the Commission MSEDCL submitted that intangible
assets written off pertain to the cost of oracle software, license procured for data
centre for Rs. 22.19 crore, which is written off over the period of 3 years. Nonmoving items written off pertain to the material lying for more than 3 years, which is
written off
3.12.4 The Commission observes that Intangible assets written off, non moving items written
off, write off of deferred revenue expenditure and small and low value write off/
scraped do not form part of the regulated accounts. Hence the Commission has
disallowed the expenses under the abovementioned heads.
Order in Case No 38 of 2014
Page 78 of 148
3.12.5 The Commission verified expenses booked under compensation for injuries, death
and damages to staff, compensation for injuries, death and damages to outsiders and
interest on staff welfare fund as per Schedule-27 of audited accounts. The same were
found correct. Accordingly, the Commission has approved other expenses as
summarised below.
Table 46: Other expenses for FY 2011-12
Particulars
Interest to suppliers / contractors
Compensation for injuries, death
and damages to staff
Compensation for injuries, death
and damages to outsiders
Interest on Staff Welfare Fund
Bad debts w/off dues from
consumers
Intangible asset written off
Non moving items written off
Write off of deferred revenue
expenditure
Small and low value write off /
scraped
Other expenses (Total)
(Rs. crore)
Order in
Case No. 19
of 2012
9.00
Approved
after final
Truing up
-
6.68
6.68
9.97
9.97
2.73
2.73
7
1
0.29
0.17
28.07
19.38
Actual
As per Order in
Case No. 19 of 2012
443
(Rs. crore)
Actual
419
Approved after
Truing up
419
Page 79 of 148
had not considered any amount towards ASC refund in FY 2011-12. However
MSEDCL submitted that it has actually paid Rs. 4 crore as ASC refund for FY 201112.
3.14.2 In Schedule-27 of its audited accounts, the expenditure due to refund of RLC is
shown as Rs. 4 crore. Accordingly the Commission has approved ASC refund for FY
2011-12 as summarised below:
Table 48: ASC Refund for FY 2011-12
(Rs. crore)
Particulars
As per Order in
Case No. 19 of 2012
Actual
Approved after
Truing up
ASC Refund
Page 80 of 148
(Rs. crore)
As per Order in
Case No. 19 of
2012
Actual
Approved
after Truing
up
37,814
39,555
39,233
Bad debts
567.21
593.33
588.50
1.5%
1.5%
1.5%
Particulars
Particulars
As per Order in
Case No. 19 of 2012
Actual
Approved after
Truing up
Contribution to
contingency reserves
48
Page 81 of 148
Sr. No.
Particulars
A
1
2
3
4
5
6
B
7
8
9
10
11
12
13
14
96.07
0.24
22.33
5.35
15.96
171.96
311.93
13.61
1.61
0.81
20.30
12,91
2.81
5.30
327.23
384.61
72.68
3.17.4 In reply to a query raised by the Commission regarding various expenses booked
under prior period credit/ charges, MSEDCL submitted that prior period expenses
against depreciation are due to short depreciation accounted for in previous years due
to error/ omission in depreciation calculation, delayed capitalisation of assets etc.
prior period expenses against interest cost are due to short provision of interest such
as interest on consumers / cash collection agencys security deposits, borrowings etc.
Prior period expenses against O&M costs are also due to errors & omissions in the
accounting of various items of O&M expenses in previous years.
3.17.5 The Commission has not received the details of capitalisation adjusted for prior
periods. Also, capitalisation is approved by the Commission for every year based on
prudence check. The Commission has not been able to consider the claim of
MSEDCL for any excess/ short provision of depreciation and excess/ short provision
for interest. Adjustments for depreciation and capitalisation cannot be allowed in
regulatory accounting as the Commission approves capitalisation and corresponding
depreciation for every year based on prudence check and provisions of Regulations.
The Commission has also not accepted the claim for prior period operating, R&M and
administrative expenses as they are controllable factors, and are approved as per the
Order in Case No 38 of 2014
Page 82 of 148
principles set out in all the previous Tariff Orders in the first control period.
3.17.6 As regard short provision for power purchase for FY 2011-12 MSEDCL submitted
that this includes short provision of Rs. 11.82 crore towards power purchase from
MSPGCL. After reconciliation of energy units for the period September 2006 to
March 2007, April 2009 to March 2010 & April 2010 to March 2011, short provision
against power purchase has been accounted for.
3.17.7 Given below is the summary of prior period charges approved by the Commission for
FY 2011-12.
Table 52: Prior Period Expenses for FY 2011-12
Particulars
Receipts from Consumers
Interest Income
Excess provision for Depreciation
Excess provision for Interest and
Finance Charges
Other Excess Provision
Other Income
Sub-total of Income
Short provision for Power Purchase
Operating expenses
Employees Costs
Depreciation under provided
Interest & Other Charges
Administration Expenses
Material Related Expenses
Adjustment to Past billing
Sub-total of expenses
Net Prior Period credits/ (charges)
(Rs. crore)
Order in
Approved
Case No. Actual
after
final
19 of 2012
Truing up
96.07
96.07
0.24
0.24
22.33
-
No
prior
period
income/
expenses
approved
5.35
15.96
171.96
311.91
13.61
1.61
0.81
20.3
12.91
2.81
5.3
327.23
384.58
72.67
15.96
171.96
284.23
13.61
327.23
340.84
56.61
Page 83 of 148
Particulars
Regulatory equity at the
beginning of the year
Equity portion of capitalisation
(excluding grants and consumer
contribution)
Equity portion of assets retired
during the year
Regulatory equity at the end of
the year
Return on regulatory equity at
beginning of the year (@16%)
Return on equity portion of
capital expenditure capitalised
(@8%)
Total return on regulated
equity
Order in Case
No. 19 of 2012
Approved
after final
Truing up
Actual
4787
5,376.67
4,786.51
1039
1,854.79
1,854.79
0.13
5826
7,231.46
6,641.17
765.92
860.27
765.84
83.12
148.38
148.37
849.04
1008.65
914.21
Page 84 of 148
payments and Tax Challan, MSEDCL did not submit any information regarding
payment of Income Tax and the Tax Challan. The Commission, in the absence of such
information, has not approved any income tax for FY 2011-12. MSEDCL is directed
to provide a detailed breakup of the tax paid including interest / penalty, if any, paid
on delayed payment of tax along with the tax challan or the income tax return for
Commissions analysis along with the MYT Petition.
3.19.3 The approval of Income Tax expenditure for FY 2011-12 would be based on the
submissions made by MSEDCL during MYT submissions. Accordingly, Income Tax
approved for FY 2011-12 is given as shown in table below.
Table 54: Income Tax for FY 2011-12
Order in Case
No. 19 of 2012
-
Particulars
Income Tax
(Rs. crore)
Actual
12
Approved after
final Truing up
-
(Rs. crore)
Particulars
As per Order in
Case No. 19 of
2012
Actual
Approved after
Truing up
Non-Tariff Income
1,314
1,247
1,247
Particulars
Income from Wheeling
Charges
Order in Case No 38 of 2014
(Rs. crore)
As per Order in
Case No. 19 of
2012
Actual
Approved after
Truing up
16.78
13
13
Page 85 of 148
Sr. No.
1
2
3
3.1
3.2
4
5
6
7
(Rs. crore)
Particulars
FY 2011-12
FY 2010-11
FAC for Last 3 Months (Jan to March for
2241
691
corresponding year
Energy Charges Recoverable (MERC Order
750
dated 15 June, 2012 Case No 21 of 2012)
Sundry Debtors accrued but due including
980
Additional Energy Charges (MERC Orders
764
dated 26 th July 2012)
Additional FAC
MERC Order 31 March, 2011 Case No 1 of
216
2011)
FAC Provision made for Mula Pravara
6
Unbilled Revenue Provision made by Field
1337
1186
Offices
Total Unbilled Revenue
4335
2857
Net Impact of Unbilled Revenue
1478
1628
3.22.3 MSEDCL submitted that the unbilled revenue is estimated on the basis of past trend
of revenue. Net impact of unbilled revenue is the difference between the total unbilled
revenue provided for at the year end and the total unbilled revenue of the previous
year reversed at the beginning of the year.
3.22.4 In reply to a query raised by the Commission regarding standby charges of Rs. 397
crore MSEDCL submitted that these charges pertain to the standby charges payable to
MSEDCL from the distribution licensees in the State, viz., TPC-Distribution, RELDistribution and BEST. These standby charges are on the basis of their noncoincident peak demand in accordance with ruling of the Commission in Order in
Order in Case No 38 of 2014
Page 86 of 148
Case No. 54 of 2005. Further, MSEDCL charges the Mumbai Licensees as per the
System Marginal Price and the same is applicable on the net supply between utilities
for the thirty-minute time block.
3.22.5 As per the audited accounts submitted by MSEDCL, the revenue is Rs. 39,555 crore,
which includes the revenue from ZLS sales and wheeling charges. Out of this
revenue, an amount of Rs. 321 crore was on account of revenue from sale of ZLS
power. The Commission, has therefore considered the net revenue, after deducting the
ZLS revenue and wheeling charges from the total revenue, to arrive at 39,221 crore.
The approved revenue from sale of power in FY 2011-12 is given below:
Table 58: Revenue from sale of power for FY 2011-12 (Rs. crore)
As per Order in
Approved after
Particulars
Case No. 19 of
Actual
Truing up
2012
Revenue from sale of
power
37,814
39,221
39,221
3.23 Sharing of Efficiency Gains & Losses for FY 2011-12 due to Controllable Factors
3.23.1 MSEDCL categorised all the expenditure as uncontrollable and hence, did not
compute the gains and losses for the controllable heads of expenditure. Further,
MSEDCL submitted that considering the inflationary increase in expenses and
ignoring practical and unforeseen expenses and terming the same under controllable
expenses and allowing only partial expenditure will have direct bearing on cash
flows of MSEDCL.
3.23.2 The Commission is of the view that all expenditure and revenue heads cannot be
considered as uncontrollable, which would mean that the licensee has no control over
any of its activities, particularly when this is a regulated business, and the actual
allowable costs have to be passed through to the consumers. The Commission has
considered certain controllable expenses and revenue for computing the sharing of
gains/ losses in accordance with the provisions of MERC (Terms and conditions of
Tariff) Regulations, 2005, as elaborated in the following paragraphs.
3.23.3 O&M Expenditure: The actual A&G expenditure has been greater than that
approved by the Commission in Order in Case No. 19 of 2012. The actual R&M
expenditure has been lower than that approved by the Commission in Order in Case
No. 19 of 2012. Not all of these expenses are uncontrollable and hence, there is
efficiency loss in case of A&G expenditure and efficiency gain in case of R&M
expenditure. These efficiency loss and gain are shared with the consumers in
accordance with the Tariff Regulations 2005. One third of the efficiency loss and gain
have been passed on to the consumers through Trued up ARR of FY 2011-12. The
Order in Case No 38 of 2014
Page 87 of 148
Actual
Case No.
19 Order
Allowed as
per this
Order
Efficiency
Gains/
(losses)
Efficiency
Gains/
(losses)
shared with
consumers
A&G
expenses
444.03
290.00
290.00
(154.03)
(51.34)
R&M
expenses
552.88
569.00
569.00
16.12
5.37
Sharing of
efficiency
gains/
(losses)
3.23.4 Interest on working capital: The actual interest on working capital incurred by
MSEDCL during FY 2011-12 is Rs. 339.37 crore, as against 'Nil' normative interest
on working capital approved by the Commission. As stated earlier, the Commission
has considered the difference between the actual interest on working capital and
normative interest, amounting to Rs. 339.37 crore, as an efficiency loss and shared the
same between MSEDCL and the consumers in accordance with the Tariff
Regulations, 2005. Thus, Rs. 113.12 crore (1/3rd of Rs. 339.37 crore) has been passed
on to the consumers through increase in ARR. The balance amount of the efficiency
loss has to be absorbed by MSEDCL.
Table 60: Efficiency loss due to Interest on Working Capital for FY 2011-12 (Rs. crore)
Sharing of
efficiency
gains/
(losses)
Interest on
working
capital
Actual
Case No.
19 Order
Allowed
as per this
Order
Efficiency
Gains/
(losses)
Efficiency Gains/
(losses) shared
with consumers
339.37
(339.37)
(113.12)
3.23.5 Distribution loss achievement: MSEDCL reported the actual distribution loss in FY
2011-12 as 16.03 % against a target of 16.27 % as set by the Commission in Case No.
19 of 2012. The Commission has approved distribution loss for MSEDCL during FY
2011-12 at 16.03 %. Considering the target distribution loss of 16.27 %, there is an
over-achievement of 0.24%. Therefore, this efficiency gain has to be shared between
MSEDCL and the consumers in accordance with the MERC (Terms and conditions of
Tariff) Regulations, 2005.
3.23.6 In this Order, the Commission has computed the efficiency gain due to over
Order in Case No 38 of 2014
Page 88 of 148
achievement of distribution loss reduction based on the actual average billing rate of
MSEDCL in FY 2011-12, as shown in the table below:
Particulars
Normative distribution losses
Actual distribution losses
Actual energy input
Normative sales
Actual sales
Approved sales
Additional/ (lower) sales due to lower distribution loss
Average billing rate*
Additional/ (lower) sales due to lower distribution loss
Efficiency gains to be retained with MSEDCL
Efficiency gains passed on to consumers
Unit
%
%
MU
MU
MU
MU
MU
Rs/ kWh
Rs. crore
Rs. crore
Rs. crore
Amount
16.27%
16.03%
95,433.00
79906.05
80,132.47
80,132.47
226.42
4.87
110.17
73.45
36.72
*Based on Revenue from sale of power as per Schedule 21 of Audited Accounts of MSEDCL
excluding standby charges, Miscellaneous charges from consumers, wheeling charges and theft
recovery income.
3.23.7 In accordance with the above analysis, the sharing of efficiency gains/ (losses) in
relation to A&G expenses, R&M expenses, Interest on Working Capital and Revenue
will be allowed to pass through to the consumers. The summary of efficiency gains/
losses is as below:
Table 62: Summary of Efficiency Gain/ (loss) to be considered in ARR for FY 2011-12 (Rs. crore)
Sharing of
efficiency gains/
(losses)
Case No.
19 Order
Actual
Allowed as
per this
Order
Efficiency
Gains/
(losses)
Efficiency Gains/
(losses) shared
with consumers
A&G expenses
444.03
290
290.00
(154.03)
(51.34)
R&M expenses
552.88
569
569.00
16.12
5.37
339.37
(339.37)
(113.12)
16.03%
16.27%
16.03%
110.17
36.72
(367.11)
(122.37)
Interest on working
capital
Distribution loss
achievement
Total addition to
ARR
3.24 Aggregate Revenue Requirement and Revenue Gap for FY 2011-12 after Truing
up
3.24.1 The Aggregate Revenue Requirement for FY 2011-12 after final Truing up is
Order in Case No 38 of 2014
Page 89 of 148
Sr.
No.
1
2
2.1
2.2
2.3
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
Particulars
Power Purchase Expenses
O&M Expenses
Employee Expenses
Administration & General Expenses
Repair & Maintenance Expenses
Depreciation including Advance against
Depreciation
Interest on long term loan capital
Interest on working capital and on
consumer security deposit
Provision for bad debts
Other expenses
Income tax
Transmission charges paid to transmission
licensees
Contribution to contingency reserves
Incentives/ discounts paid to consumers
Total Revenue Expenditure
Return on equity
Aggregate Revenue Requirement
Less: Non Tariff Income
Less: Income from wheeling charges
Less: Income from CSS
Add: RLC Refund
Add: ASC refund
Add: Prior period credit/ charges
Add: Sharing of efficiency loss
Aggregate Revenue Requirement from
Retail Tariff
Revenue from Sale of Power at Existing
Tariff with ZLS
Less: Revenue from ZLS power
Net Revenue
Revenue Gap/ (surplus)
(Rs. crore)
Order in
Case No.
19 of 2012
31,116.00
3,063.00
2,204.00
290.00
569.00
32,702.09
3,295.43
2,298.53
444.03
552.88
Approved
after final
Truing up
32,702.09
3,157.53
2,298.53
290.00
569.00
1,014.09
892.76
892.76
802.65
845.15
836.16
317.23
708.80
287.86
567.21
9.00
-
593.33
28.11
12.00
588.50
19.38
-
2,200.00
2,200.10
2,200.10
48.00
150.00
39,287.18
849.04
40,136.22
1,314.00
16.78
4.00
443.00
-
48.00
220.95
41,546.71
1,008.65
42,555.36
1,246.88
12.95
5.00
419.22
3.80
72.69
-
220.78
40,905.15
914.21
41,819.36
1,246.88
12.95
5.00
419.22
3.80
56.61
122.37
39,244.44
41,786.24
41,156.54
38,135.00
39,541.56
39,541.56
321.00
37,814.00
1,430.44
321.00
39,220.56
2,565.68
321.00
39,220.56
1,935.98
Actual
3.24.2 Therefore, the Commission approves Rs. 1,935.98 crore as revenue gap after Final
Truing up for FY 2011-12.
Order in Case No 38 of 2014
Page 90 of 148
4.1
4.1.1 MSEDCL has submitted Rs. 5,809 crore as the Revenue Gap for FY 2012-13. The
Commission noted that MSEDCL has included Rs. 1,483 crore approved by the
Commission in Order in Case No. 43 of 2012 as a part of the approved ARR for FY
2012-13. The Commission had excluded this amount of Rs. 1,483 crore while
approving the revenue of Rs. 48,926 crore and consolidated gap of Rs. 6,921 crore in
the ARR Order in Case No. 19 of 2012 for FY 2012-13 since it was allowed to be
recovered separately in six equal instalments. The Commission raised a query to
MSEDCL to explain if the actual revenue of Rs. 44,280 crore for FY 2012-13
includes the revenue of Rs. 1,483 crore. MSEDCL in its reply submitted that since the
approved amount of Rs. 1,483 crore was pertaining to FY 2011-12, the said amount is
considered in revenue of FY 2011-12 and the ARR for FY 2012-13 has not been
reduced. Accordingly, the ARR for FY 2012-13 stands at Rs. 50,409 crore.
Table 64: Aggregate Revenue Requirement as submitted by MSEDCL for FY 2012-13
(Rs. crore)
S.No. Particulars
1
2
2.1
2.2
2.3
3
4
5
6
7
8
ARR Order
(Case No.
19 of 2012)
Actual
Deviation
37,238
35,730
(1,508)
3,363
2,438
314
611
4,193
3,121
462
611
830
683
148
0
1,309
1,235
(74)
1,127
1,266
139
559
717
158
756
9
0
684
19
65
(72)
10
65
Page 91 of 148
S.No. Particulars
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
4.2
ARR Order
(Case No.
19 of 2012)
Actual
Deviation
3,105
3,128
23
63
157
47,686
989
48,675
(1,379)
(18)
230
47,268
1,234
48,502
(1,430)
(39)
(63)
73
(418)
245
(173)
(51)
(21)
(9)
(10)
(1)
133
133
500
462
(38)
166
0
228
0
(2)
228
(166)
(2)
-
427
427
405
405
750
750
(767)
1,430
(767)
1,430
50,409
50,089
(320)
50,409
-
44,280
5,809
(6,129)
5,809
4.2.1 MSEDCL submitted that during FY 2012-13 total sales in its licensed area of supply
were 83,488 MU including energy sold to consumers in franchisee area. It also
submitted month-wise and category-wise break-up of sales for its entire licensed area.
However, it submitted that if sales to franchisees are considered at input level then the
total sales would be 85,218 MU.
Page 92 of 148
Category
Residential
Commercial (HT + LT)
HT-Industrial
LT-Industrial (Including
Powerloom)
PWW
Street Light
Agriculture
Railways
Group Hsg Soc
Public Service (HT + LT)
Others
Sales to DF at Input
Standby Charges
Additional FAC (as per Case
No. 43 of 2012)
Total Sales for FY 2012-13
Approved in ARR
Revenue
MU
(Rs.
crore)
15,149
7,408
4,004
4,158
28,435
20,138*
Actual
14,439
5,625
25,253
Revenue
(Rs.
crore)
7,230
5,257
15,611
MU
5,347
3,842
5,002
3,538
1,727
831
22,054
1,460
328
2,094
75
8,052
817
388
5,327
1,141
178
1,576
115
3,441
396
1,821
1,159
20,891
1,477
251
409
1,287
7,604
795
555
5,366
1,150
156
367
222
3,613
419
85,218
44,280
1,483
89,556
50,409
Page 93 of 148
4.2.4 The Commission in the Interim Order in Case No. 38 of 2014 dated March 3, 2014
directed MSEDCL to submit a roadmap for completion of metering of unmetered
agricultural consumers within sixty (60) days from the date of the Order. MSEDCL
submitted the roadmap containing time bound implementation plan with milestones
for completion of metering on May 16, 2014. In the letter MSEDCL submitted that it
is releasing new agricultural connections on metered basis only. MSEDCL also
provided the following status of metering:
Table 66: Statistics of Metered and Unmetered Agricultural consumers as on March 2014
Particulars
Nos
3,602,262
2,003,174
1,599,088
56%
Particulars
Nos
6,980
1,431
2,448
2,997
104
4.2.6 In the initial phase MSEDCL has proposed to cover 100 Ag separated feeders in high
agricultural potential circles at a per-unit cost of Rs. 4,330 per consumer. Thereafter
additional 100 Ag separated feeders would be selected as shown below.
Table 68: MSEDCL Roadmap for metering unmetered agricultural consumers
Phase
1st Phase
2nd Phase
No. of Ag
Separated feeders
100
100
300
4.2.7 Metering of remaining unmetered agricultural consumers will be planned based on the
performance of the energy meters in terms of meter reading, billing, etc.
4.2.8 The Commission has noted MSEDCLs submission in this regard. The Commission
observes that in a period of two years MSEDCL has proposed to cover only 500
Order in Case No 38 of 2014
Page 94 of 148
separated Ag feeders out of total 6980 feeders. Under this plan it will take MSEDCL a
very long time to complete the metering. MSEDCL needs to significantly increase its
efforts for metering all the unmetered agricultural consumers. Therefore, the
Commission directs MSEDCL to re-organise its plan for implementation in a shorter
time and accordingly submit the metering plan along with MYT Petition.
4.2.9 For the purpose of Truing up of sales for FY 2012-13 the Commission is accepting
MSEDCLs submission for the time being. However, after receipt of the report on
correct specific consumption for unmetered agricultural consumers, the Commission
may revisit the unmetered agricultural sales of MSEDCL for FY 2012-13.
Accordingly, the Commission may re-determine the sales of MSEDCL for FY 201213, if necessary at a later stage. In case of such re-determination, distribution loss
computation of MSEDCL may also undergo change and accordingly the computation
of sharing of losses and gains may change for FY 2012-13. However, the impact of
such change will not carry any carrying cost either on MSEDCL or on consumers, as
the case may be.
4.3
4.3.1 In the earlier paragraphs the Commission has approved total retail sales of 85,218 MU
in FY 2012-13 which includes sales to Distribution franchisees at input level.
However while calculating energy balance of MSEDCL as a whole, the sale to the
consumers of the Distribution Franchisee area have been considered rather than sales
at input level. The following table shows the computation of energy available for sale:
Table 69: Energy Sales for FY 2012-13
Particulars
Energy Sales by MSEDCL for FY 2012-13
Less: Energy sales to Distribution franchisee at Input point
Add: Energy sales of Distribution franchisee (category wise)
Total energy available for sale
MU
85,218
7,604
5,874
83,488
4.3.2 MSEDCL submitted that its actual distribution loss for FY 2012-13 had been 14.67%
against 15.77% approved in its ARR Order in Case No. 19 of 2012.
4.3.3 MSEDCL made the following submissions with respect to computation of energy
balance for FY 2012-13:
Classification of power purchase within and outside Maharashtra: MSEDCL
submitted that during the FY 2012-13 power purchases outside Maharashtra includes
the central generation stations of NTPC, NPCIL KAPP, Sardar Sarovar Project, Pench
and Coastal Gujarat UMPP. MSEDCL submitted that from FY 2012-13 it has been
buying the power from Traders at Maharashtra Transmission Periphery only. With
regards Other Power on MSEDCL network MSEDCL clarified that it relates to the
power which has been wheeled over the State transmission network and accounted for
Order in Case No 38 of 2014
Page 95 of 148
by SLDC as input to the State. In Case No. 19 of 2012, while approving the ARR of
MSEDCL the Commission had observed that although MSEDCL included the impact
of injection of Open Access power in the energy balance, it did not account for the
drawal of the same. MSEDCL submitted that this is the energy accounted for by the
SLDC as input energy to the State of Maharashtra which has been wheeled over the
T&D network of MSEDCL for Open Access consumers. The Commission raised a
query under the current petition and asked MSEDCL to submit the details of drawal
of energy by the open access consumers. MSEDCL in its reply dated 3 May, 2014
submitted that the reply to this query would be submitted subsequently. However, the
Commission did not receive any reply of MSEDCL in this regard.
4.3.4 Inter-state transmission losses: MSEDCL reiterated that it gets actual energy reading
only at three points; (a) at the generation bus bar; (b) at the T<>D interface
(distribution periphery); and (c) at the metered sales made to consumers. All others
are derived numbers. MSEDCL submitted that it procures power from Central
Generating Stations located in Western, Eastern and Northern Region and it would be
difficult to differentiate power at Transmission periphery. Additionally the respective
RLDCs give the Pooled transmission losses for every week for a particular regional
grid and the average of Pooled transmission losses for 52 weeks of a particular
regional grid would give incorrect losses due to wide variation in weekly losses.
MSEDCL also submitted it considers metered energy at Distribution periphery and
metered sales at consumer end and calculates the Distribution Loss of MSEDCL. The
losses submitted by MSETCL are taken as Intra State Loss and balance considered as
inter-state loss. Thus, interstate loss is a derived figure.
4.3.5 Intra-state transmission losses: The Commission observes that MSEDCL has
considered intra-state transmission loss in FY 2012-13 at 4.24% as approved in InSTS
Order dated 21 May, 2012 in Case No. 51 of 2012.
4.3.6 The energy balance reported by MSEDCL and approved by the Commission for FY
2012-13 is presented in the table below. For the purpose of Truing up for FY 2012-13
the Commission is accepting MSEDCLs energy balance submission for the time
being. However, after receipt of MSEDCLs reply the Commission may revisit the
energy balance of MSEDCL for FY 2012-13. MSEDCL is directed to submit the
replies raised by the Commission in relation to energy accounting and energy balance,
along with its MYT Petition. Accordingly, the Commission may re-determine the
distribution loss of MSEDCL for FY 2012-13, if necessary at a later stage. In case of
such re-determination the computation of sharing of losses and gains will change for
FY 2012-13. However, the impact of such change will not carry any carrying cost
either on MSEDCL or on consumers, as the case may be.
4.3.7 MSEDCL has achieved a distribution loss of 14.67% as compared to the target loss of
15.77%. The efficiency gain computation for distribution loss has been presented in
the Section 4.23.
Page 96 of 148
4.3.8 The Commission observes that MSEDCL has considered intra-state transmission loss
in FY 2012-13 at 4.24%. However, the SLDCs report on State grid losses for FY
2012-13 shows the same at 4.12%. The Commission has considered the loss level for
intra-state transmission as per SLDCs report. Accordingly, the inter-state loss has
been worked out to 4.70% based on the energy balance for FY 2012-13.
4.3.9 The energy balance reported by MSEDCL and approved by the Commission for FY
2012-13 is presented in the table below.
Table 70: Energy Balance Statement for FY 2012-13 as submitted by MSEDCL and approved by the
Commission
Sr.
No.
1
a
b
c
d
e
f
g
h
2
a
b
c
3
4
5
a
b
c
Particulars
Within Maharashtra
Purchase from MSPGCL
NPCIL Tarapur
Purchases from other sources &
Medium Term
ZLS
Traders
IBSM + FBSM
Other Power on MSEDCL Network
UI
Total Purchase within Maharashtra
Outside Maharashtra
Central Generating Station + NPCIL +
UMPP + Case I + Sardar Sarovar +
Pench + Banking
Traders
Zero Load Shedding
Total Purchase outside Maharashtra
Inter-State Transmission Loss
Total Purchase at Maharashtra
Periphery
Total Power Purchase Payable
Total Power Available at
Transmission Periphery
Energy Available at Distribution
periphery
Intra-state Loss
Energy at Distribution Periphery
injected from 33 kV and above
Energy at Distribution Periphery
injected and drawn at 33 kv
Units
2012-13
Approved
Actual
after Final
Truing up
MU
MU
43,280
3,840
43,280
3,840
MU
17,528
17,528
MU
MU
MU
MU
MU
MU
6,312
26
3,804
74,790
6,312
26
3,804
74,790
MU
28,082
28,082
MU
MU
MU
%
28,082
4.25%
28,082
4.70%
MU
26,888
26,761
MU
102,872
99,068
MU
101,678
101,551
4.24%
4.12%
MU
97,367
97,367
MU
479
479
Page 97 of 148
Sr.
No.
d
e
f
6
4.4
Particulars
Units
2012-13
Approved
Actual
after Final
Truing up
MU
%
MU
MU
97,846
14.67%
14,358
83,488
97,846
14.67%
14,358
83,488
4.4.1 MSEDCL submitted that the total power purchase cost for FY 2012-13 was Rs.
35,730 crore. The source-wise break-up of power purchase and power purchase costs
as submitted by MSEDCL is given in the table given below.
Table 71: Source-wise break-up of power purchase cost for FY 2012-13
Particulars
MSPGCL
NTPC
KSTPS
KSTPS III
VSTP I
VSTP II
VSTP III
VSTP IV
Kawas
Gandhar
FSTPP-EP
KhSTPS-I
KhSTPS-II
TSTPS
Sipat TPS 2
Sipat TPS 1
Mauda
Total NTPC
NPCIL
KAPP
TAPP 1&2
TAPP 3&4
Total NPCIL
SSP
Pench
Order in Case No 38 of 2014
Total cost
(Rs. crore)
17,006
5,150
1,092
3,499
2,780
2,463
28
1,040
1,218
859
3,307
2,033
1
23,471
907
275
766
608
621
8
399
471
3
2
286
2
917
532
2
5,799
1.76
2.52
2.19
2.19
2.52
2.77
3.83
3.87
2.77
2.62
14.02
2.47
1,084
728
3,113
4,924
974
108
261
73
904
1,238
200
22
2.41
1.00
2.90
2.51
2.05
2.05
3.33
Page 98 of 148
Particulars
FBSM
Dodson I
Dodson II
RGPPL
Trading Company
Medium Term Power
IPP JSW
CGPL Mundra
Adani Power
Power Grid
Reactive Energy Charge
Total PP
Non Conv. Energy Excl
CPP
CPP
Total PP including NCE
91,787
Total cost
(Rs. crore)
94
9
17
2,133
2,404
1,266
680
589
21
991
12
32,479
5,483
2,390
4.36
1,798
99,068
862
35,730
4.79
3.61
3.54
4.4.2 MSEDCL submitted a comparison with the approved power purchase cost for the FY
2012-13 as per Order in Case No. 19 of 2012. The Commission noted that the
quantum of power purchase is lesser by 9.8% as compared to reduction in sales by
4.8%. Additionally the power purchase cost has reduced by 4% as compared to the
approved cost.
Table 72: Comparison of Power Purchase for FY 2012-13
Approved
Actual
Sources
Quantum
(MU)
MSPGCL
NTPC
NPCIL
SSP
Pench
RGPPL
Dodson
Traders
NCE
CPP
Medium
Term
(JSW and
Adani)
47,663
23,127
5,333
990
72
5,256
131
10,675
7,744
900
14,986
5,349
1,308
203
15
3,053
24
4,804
3,496
383
43,280
23,471
4,924
974
108
4,904
84
6,312
5,483
1,798
Cost
(in Rs.
crore)
17,006
5,799
1,238
200
22
2,133
26
2,404
2,390
862
3,141
1,288
3,064
1,266
Cost
(in Rs. crore)
Quantum
(MU)
%
change
in MU
%
change
in Cost
-9.2%
1.5%
-7.7%
-1.6%
50.0%
-6.7%
-35.9%
-40.9%
-29.2%
99.8%
13.5%
8.4%
-5.4%
-1.5%
46.7%
-30.1%
8.3%
-50.0%
-31.6%
125.1%
-2.5%
-1.7%
Page 99 of 148
Approved
Sources
IPPs
(JSW,
CGPL and
Adani)
Powergrid
and Other
Charges
UI and
FBSM
Total
Power
Purchase
Quantum
(MU)
Actual
Cost
(in Rs. crore)
4,815
Quantum
(MU)
1,370
4,641
960
%
change
in MU
Cost
(in Rs.
crore)
1,289
-3.6%
1,004
26
94
109,847
37,238
99,068
35,730
%
change
in Cost
-5.9%
4.6%
-9.8%
-4.0%
4.4.3 MSEDCL submitted the following reasons for the major variation in source wise
power purchase cost:
4.4.4 MSPGCL: MSEDCL submitted that it has made provisioning towards the impact of
the Orders in Case No. 28, 44 and 95 of 2013 for the costs pertaining to FY 2012-13.
Additionally Rs. 120 crore towards Ghatghar O&M costs has been included. Further
MSEDCL submitted that during FY 2012-13, due to shut down of Parli Plant there
was lower generation from MSPGCL. Further, due to delay in commissioning of
Bhusawal Unit 4 and 5, lower energy was received from MSPGCL resulting into
deviation in power purchase quantum.
4.4.5 NTPC: MSEDCL submitted that due to higher availability of power from Korba U3
and Sipat I, there was increase in power purchase quantum from NTPC thereby
resulting in deviation in the power purchase quantum as well as cost of NTPC power.
Further, due to additional supplementary bills and other charges, the cost of power
from NTPC has increased.
4.4.6 RGPPL: MSEDCL submitted that Annual Fixed Charges (AFC) are paid to RGPPL
on a pro-rata basis considering the actual availability vis--vis target availability. Due
to this, there has been reduction of Capacity Charges. However, RGPPL has
approached CERC for revision in normative annual plant availability factor for full
fixed cost recovery till the supply of KG-D6 gas is fully restored to the
allocated/contracted quantity which is still pending with CERC.
4.4.7 Captive Power Plants: MSEDCL submitted that increase in Open Access transactions
and purchase of over injection of power by MSEDCL has led to an increase in
quantum by about 900 MU and cost by around Rs. 480 crore.
4.4.8
season has resulted in lesser co-generation as majority of biomass plants were non
operative. Also water shortage resulted in lower generation from small hydro power
plants.
4.4.9 The Commission verified sample power purchase bills of RGPPL for June 2012,
September 2012 and December 2012, all NTPC stations for March 2013, bills of June
2012, September 2012, October 2012 and January 2013 for JSW, bills of June 2012,
September 2012, December 2012 and March 2013 for CGPL, NPCIL bills for June
2012. MSEDCL also submitted the supplementary IT bills of FY 2012-13 for NPCIL
stations for the Commissions verification.
4.4.10 The Commission in the ARR Order for FY 2012-13 in Case No. 19 of 2012 had
determined the average rate of short term power purchase as Rs. 4.5 per kWh.
MSEDCL submitted that due to higher availability from Korba U3 and Sipat I, there
was lower requirement of power from Traders than approved power by MERC. Also
the average rate of short term power procured by MSEDCL is Rs.3.81 per kWh. The
average rate of bilaterally traded power was Rs. 4.33 per kWh and the average rate of
power traded at the power exchange was Rs. 3.67 per kWh as per the Report on
Short-term Power market in India: 2012-13 published by the Honble CERC. The
Commission observes that this rate is lower than the average rate of bilaterally traded
power for FY 2012-13. Therefore, the Commission finds that the cost of short term
power procured by MSEDCL were within acceptable limits.
4.5
4.5.1 As per the MERC (Renewable Purchase Obligation, its Compliance and
implementation of REC framework) Regulations, 2010 (RPO Regulations) notified on
June 7, 2010, each distribution licensee is required to meet 8% of its requirement
through renewable sources for FY 2012-13, including 0.25% through solar sources.
4.5.2 The Commission noted that MSEDCL had not submitted any details of RPO in its
Petition and a data gap was raised for the same. MSEDCL in its reply dated May 5,
2014 submitted the following details with regards to its renewable purchase obligation
for FY 2012-13:
Table 73: MSEDCL submission towards Renewable Purchase Obligation for FY 2012-13 (in MU)
Year
Cogen,
Biomass
Hydro
Wind
Total RE
%
RPO
Target
Gross
Cons
%RPO
achieved
2010-11
991.523
1306.19
2401.8
4928.1
5.75
85357
5.77
2011-12
1328.99
1526.29
3610.2
6779.1
6.75
94967
7.14
2012-13
1542.45
1363.8
3636
6542.3
7.75
93265
7.02
4.5.3 MSEDCL also submitted that vide Commissions Order dated March 12, 2014 in
Order in Case No 38 of 2014
Case No. 180 of 2013 it was permitted to carry forward the surplus NCE procurement
in 2010-11 (18.37 MU) and FY 2011-12 (368.15 MU) for meeting the RPO target of
2012-13. Therefore the effective RPO target achieved for FY 2012-13 is 7.43%.
4.5.4 The Commission has dealt with RPO targets of MSEDCL for FY 2012-13 in Order in
Case No. 180 of 2013 dated 12 March, 2014. As per the said Order MSEDCL is
required to fulfil its solar RPO target cumulatively by FY 2015-16, Mini/ Micro
Hydro target cumulatively by FY 2015-16 and meet its Non-Solar RPO shortfall for
FY 2012-13 in FY 2013-14 on cumulative basis.
4.5.5 The Commission has considered the power purchase cost as per the Audited Accounts
of MSEDCL. The Commission approves the net power purchase expenses of Rs.
35,730 crore as submitted by MSEDCL.
Table 74: Power Purchase Expense for FY 2012-13
(Rs. crore)
Particulars
Power Purchase Cost
4.6
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
37,238
35,730
35,730
4.6.1 MSDECL submitted that it has paid Rs. 3,128 crore as Transmission Charges to
MSETCL as against Rs. 3,105 crore approved in the ARR Order. The Commission
verified this amount in Schedule-23 of the Audited Accounts of MSEDCL and noted
Rs. 4,120 crore as transmission charges. Out of this MSEDCL has claimed Rs. 991
crore as PGCIL charges under power purchase expenses. The net amount of Rs. 3,128
crore is approved by the Commission for Truing up of FY 2012-13.
Table 75: Transmission charges including SLDC charges for FY 2012-13
(Rs. crore)
Particulars
Transmission Charges
4.7
ARR Order
(Case No. 19
of 2012)
3,105
Actual
3,128
Allowed after
Truing up
3,128
4.7.1 Operation and maintenance (O&M) expenses comprise employee expenses, A&G
expenses and R&M expenses. MSEDCL, in its Petition, has submitted that the actual
net O&M expenses for FY 2012-13 were Rs. 4,193 crore (net of capitalisation),
comprising employee expenses of Rs. 3,121 crore, A&G expenses of Rs. 462 crore
and R&M expenses of Rs. 611 crore.
4.7.2 The Commission while approving the O&M expenses of Rs. 3,363 crore for FY 201213 had applied the principle of approving O&M expenditure based on inflation
indices for FY 2011-12 and FY 2012-13. It may be reiterated here that while Truing
Order in Case No 38 of 2014
up the O&M expenses for the past years the Commission has always considered the
submissions of MSEDCL and approved reasonable and justifiable expenses as per
Tariff Regulations, 2005. MSEDCLs submission and Commissions ruling on each
sub-head of O&M expenses are given below.
Employee Expenses
4.7.3 MSEDCL submitted that the net employee expenses in FY 2012-13 were Rs. 3,121
crore as against Rs. 2,438 crore approved by the Commission in the Order dated 16
August, 2012 in Case No. 19 of 2012.
4.7.4 The Commission verified the employee expenses from Schedule 24 of the Audited
accounts for FY 2012-13 and found them to be accurate.
4.7.5 The Commission noted that gross employee expenses have increased by 25% over
actual expenses of FY 2011-12. Substantial increase in leave encashment, gratuity in
addition to dearness allowance, conveyance allowance has led to a sharp increase in
employee expenses. The Commission asked MSEDCL to justify such steep increases
in the sub-heads in which the increase was substantially high.
Table 76: Analysis of Employee Expenses
200910
201011
201112
201213
201011
201112
201213
1,054
1,201
1,212
1,195
14%
1%
-1%
391
429
631
777
10%
47%
23%
103
142
141
136
38%
0%
-4%
Conveyance allowance
12
15
20
100%
25%
30%
0%
4%
38%
38
157
203
579
313%
29%
185%
Other allowances
75
84
83
84
12%
-1%
0%
Medical reimbursement
21
21
22
24
0%
4%
8%
Overtime payment
19
23
26
26
21%
13%
2%
Bonus/Ex-Gratia payments
30
35
41
48
17%
17%
17%
10
14
17
18
40%
22%
3%
18
-100%
NA
996%
-75%
3%
-16%
178
198
208
225
11%
5%
8%
0%
-35%
-17%
Particulars
Basic Salary
VRS / Retrenchment
expenses
Payment under Workmen's
Compensation Act
Provident fund contribution
Pension payments
200910
201011
201112
201213
201011
201112
201213
120
261
334
529
118%
28%
58%
27
238%
-72%
12%
2,077
2,607
2,944
3,676
26%
13%
25%
238
562
645
555
136%
15%
-14%
1,839
2,045
2,299
3,121
11%
12%
36%
Particulars
Gratuity payment
Others
4.7.6 MSEDCL in its letter dated 15 March, 2014 submitted detailed explanation for the
increase in operation and maintenance expenses. With regards the increase of 23% in
dearness allowance MSEDCL claimed that this was on account of change in the rates
of Dearness Allowance from 58% in FY 2011-12 to 80%. The Commission noted the
increase of 15% in the applicable rate of dearness allowance and 23% increase in
absolute terms in dearness allowance during FY 2011-12 and FY 2012-13 as shown
below.
Table 77: Applicable rates of Dearness Allowance
Particulars
FY 2011-12
FY 2012-13
51%
65%
58%
72%
65%
80%
Average DA rate
58%
72.3%
4.7.7 For the increase in leave encashment MSEDCL submitted that benefit to employees is
provided via leave encashment during service period and leave encashment on
retirement. During FY 2012-13 MSEDCL incurred Rs. 579 crore as leave encashment
which includes:
a) Rs. 67.26 crore payment against earned leave encashment during service period.
MSEDCL stated that the block year for leave encashment is 2012-14 and
employees can encash leave only once in two years and generally in the
beginning of the block year there is increased encashment.
b) Rs. 154.67 crore payment towards retired employees during FY 2012-13.
MSEDCL submitted that during In the FY 2011-12 the number of employees
retired was 3711 whereas it was 4687 in FY 2012-13. Hence, there is increase in
FY 2012-13.
c) Rs. 357.32 crore against provision for leave encashment based on actuarial
valuation.
Order in Case No 38 of 2014
4.7.8 MSEDCL in its additional submission provided the breakup between gratuity
payment made to retired employees and provision for gratuity. Of the total gratuity
expense of Rs. 529 crore, Rs. 292.92 was incurred toward payment to retired
employees during the year and Rs. 235.69 crore was created as provision based on
actuarial valuation. MSEDCL further submitted that in the FY 2011-12 the number of
employees retired was 3,711 whereas it was 4,687 in FY 2012-13. Hence, there is
increase in FY 2012-13.
4.7.9 MSEDCL also claimed that increase in dearness allowance affects the computation of
provision for gratuity and leave encashment leading to increase in these components.
4.7.10 The Commission accepts MSEDCLs submissions with respect to increase in the
various sub-heads of employee expenses. Accordingly the Commission approves the
gross employee expenses for FY 2012-13 amounting to Rs. 3,676 crore as submitted
by MSEDCL.
4.7.11 MSEDCL submitted that it has capitalised employee expenses to the extent of Rs. 555
crore in FY 2012-13. MSEDCL submitted that capitalisation of employee expenses is
directly related with capital expenditure incurred during the year. Any increase in
employee expenses will result into higher capitalisation. Capital expenditure incurred
during the FY 2012-13 is less as compared to that of FY 2011-12, therefore less
expenses were capitalised in FY 2012-13. The Commission approves the capitalised
employee expenses of Rs. 555 crore as submitted by MSEDCL.
4.7.12 The Commission thus approves the net employee expenses of Rs. 3,121 crore for FY
2012-13, as submitted by MSEDCL.
Table 78: Employee Expense for FY 2012-13
(Rs. crore)
Particulars
Gross Employee expenses
Less: Employee expense capitalised
Net Employee expenses
ARR Order
(Case No. 19
of 2012)
Allowed after
Truing up
Actual
3,107
3,676
3,676
669
555
555
2,438
3,121
3,121
Particulars
200910
201011
201112
201213
201011
201112
201213
36
46
41
50
28%
-11%
22%
Insurance
NA
NA
17%
19
18
22
21
-5%
21%
-2%
19
12
14
15
-37%
15%
8%
Professional,
technical fee
12
10
14
11
-17%
43%
-25%
19
18
17
22
-5%
-3%
24%
Electricity charges
13
16
106
55
23%
564%
-48%
Water charges
33%
-3%
10%
Security arrangements
30
38
44
51
27%
17%
16%
18
19
37
6%
96%
-88%
NA
NA
41%
Computer stationery
44
53
58
81
20%
10%
38%
17
16
12
12
-6%
-22%
-4%
Advertisements
125%
-32%
-12%
NA
NA
9%
11
13%
3%
14%
21
23
27
29
10%
18%
8%
57
66
66
91
16%
0%
38%
Freight
0%
-57%
26%
47
48
49
56
2%
2%
15%
Miscellaneous expenses
0%
15%
-51%
Office expenses
10
11
11
25%
9%
3%
Others
13
23
25
20
77%
9%
-21%
consultancy,
Particulars
200910
201011
201112
201213
201011
201112
201213
390
440
567
552
13%
29%
-3%
88
208
123
90
136%
-41%
-26%
302
232
444
462
-23%
91%
4%
4.7.15 MSEDCL submitted that the Commission had approved net A&G expenses by
escalating the FY 2011-12 expenses by 8.27% which was not reflective of the actual
increase in costs. Additionally Pandharpur & Akluj Division under Solapur O&M
circle paid Gram-panchayat Tax for FY 2008-09 to FY 2011-12 in FY 2012-13.
Solapur Rural Division paid NA Tax & Gram-panchayat tax for the period April 2006
to March 2013 and Thane O&M circle had paid Property Tax for last 3-5 years in
FY2012-13. This led to increase in rent, rates and taxes during FY 2012-13.
4.7.16 MSEDCL provided that the increase in Conveyance & travel in FY 2012-13 is due to
increase in diesel, petrol rates and revision of rates of travelling allowance. For
increase in computer stationery and outsourcing of metering and billing expenses
MSEDCL submitted that this is on account of increase in number of consumers,
issuance of computerised receipts and overall increase in inflation.
4.7.17 MSEDCL submitted that it has capitalised employee expenses to the extent of Rs. 90
crore in FY 2012-13. MSEDCL submitted that capitalisation of employee expenses is
directly related with capital expenditure incurred during the year. Capital expenditure
incurred during the FY 2012-13 is less as compared to that of FY 2011-12, therefore
less expenses were capitalised in FY 2012-13.
4.7.18 The Commission, after considering the above submissions by MSEDCL, approves the
gross actual A&G expenses for FY 2012-13 as per ARR approved in Case No. 19 of
2012. The following table represents the A&G expenses as per MSEDCLs
submission and Commissions approval. The variation in actual and approved
expenses has been passed on as efficiency gain / loss. For computation of gains and
losses, the Commission has considered the Trued up expenses of Rs. 462 crore for
comparison with the target A&G expenses of Rs. 314 crore approved by the
Commission in the ARR Order. The Commission has carried out the computation of
gains and losses in Section 4.23 of this Order.
Table 80: A&G Expense for FY 2012-13
(Rs. crore)
Particulars
Gross A&G expenses
Less: A&G expense capitalised
ARR Order
(Case No. 19
of 2012)
314
Allowed after
Truing up
Actual
552
314
90
ARR Order
(Case No. 19
of 2012)
Particulars
Allowed after
Truing up
Actual
462
Particulars
ARR Order
(Case No. 19
of 2012)
9.36
Civil Works
34.28
466.9
Vehicles
1.45
0.50
Office Equipment
7.16
Allowed after
Truing up
90.92
Buildings
4.8
Actual
611
611
611
4.8.1 MSEDCL submitted that it has undertaken capitalisation of Rs. 5,927 crore in FY
2012-13 against approved capitalisation of Rs. 6,436 crore. The capitalisation was
verified from Schedule-12 of the Annual Accounts. Capitalisation as per annual
accounts was noted as Rs. 6,005 crore. The additional Rs. 77 crore represents
capitalisation under no specific scheme.
4.8.2 The scheme wise details of capitalisation in FY 2012-13 of Rs. 5,927 crore are shown
in the table below.
1.1
2
2.1
2.2
2.3
2.4
3
INFRA PLAN
MSEDCL/FY08/75
(total 120 DPR)
MSEDCL FY/07/01
PHASE I
MSEDCL FY/07/02
PHASE II
MSEDCL FY/10/19
PHASE III
Phase IV - Demand
Side Mgt
Fixed Capacitor
Scheme
AMR
4.1
MSEDCL/FY-05/01
AMR
APDRP
5.1
PHASE I
MERC/CAP/DPR/12/
08/1549 dt
30.07.2008
5-1
6-1
9014
11361
2458
3184
10841
9927
1827
913
895
1050
17
68
1050
1036
155
141
1300
1443
262
305
1318
1299
18
209
297
40
52
266
257
57
49
721
485
136
302
136
57
43
41
48
48
15
11
1137
779
91
779
588
238
482
151
482
174
244
301
327
93
60
162
82
3406
2949
65
16
65
16
92
149
149
148
57
56
150
168
41
46
168
137
18
2462
3711
785
832
2919
2686
457
224
Excess
Capitalisation
Cumulative
Captialisation
Excess Expenditure
Cumulative Capital
Expenditure
Revised Estimate
2
PHASE II
MERC/CAP/DPR/12/
09/1006 dt
26.05.2009
5.3
GFSS
5.2
Captialisation
during the year
Particulars
MERC Approved
Cost
S.N
o
Capital Expenditure
during the year
R-APDRP A
MERC/CAP/DPR/12/
10/2573 dt
11.11.2009
5.4
R-APDRP B
Internal Reforms
6.1
6.2
Phase - III
SPA: PE
P:SI
477
790
57
54
540
364
63
P:IE
188
519
102
87
419
227
231
39
10
DRUM
147
187
187
187
40
40
11
RGGVY
924.73
1109
92
140
889
767
148
133
268
151
67
59
103
93
12
13
MSEDCL FY/10/38
66 kV Elimination
Single Phasing (Left
out villages)
5-1
6-1
87
87
Excess
Capitalisation
Cumulative
Captialisation
Excess Expenditure
Captialisation
during the year
Cumulative Capital
Expenditure
Capital Expenditure
during the year
Revised Estimate
Particulars
MERC Approved
Cost
S.N
o
14
GFSS (Shrirampur)
15
Scada Part A
162
104
26
26
27
26
16
LT Capacitor Scheme
I& II
131
130
22560
26504
4261
5168
20723
18165
3168
1461
Total DPR
FMS
MIS
Load Management
10
17
4
5
P.F.C.Urban
Distribution Scheme
MIDC Interest free
Loan Scheme
Evacuation
Evacuation Wind
Generation **
Agriculture Metering
46
37
DPDC / Non-Tribal
104
113
10
DPDC / SCP
30
29
11
48
61
12
Rural Electrification (
Grant )
22
16
13
JBIC
15
33
14
New consumers
103
89
15
Back log
190
350
16
Single Phasing
17
14
10
587
759
4848
5927
22560
1461
4.8.3 Capitalisation under DPR schemes: MSEDCL submitted the required information
in reply to the queries raised by the Commission. The Commission noticed that there
have been incidences of cost over-run in few of the DPR schemes. The Commission
also noticed that the total over-run in costs against the approved capitalisation was
Rs.1,461 crore and asked MSEDCL to provide reasons for this difference. MSEDCL
in its reply dated May 5, 2014 submitted that the increase is on account of change in
scope of work, rise in costs of material and services and change in taxation. The
Commission has analysed the cost overrun and found the reasoning provided to be
satisfactory. Therefore, the Commission approves capitalisation as submitted by
Order in Case No 38 of 2014
Particulars
DPR Schemes
Non-DPR Schemes
Total
Actual
5,178
749
5,927
Approved after
Truing up
5,178
749
5,927
4.8.6 Capitalisation under no specific scheme: In addition to the above, assets capitalised
but not forming part of any specific scheme, amounting to Rs. 77 crore as claimed by
MSEDCL, have been allowed by the Commission. However, as MSEDCL has
considered the impact of these assets only on depreciation and not on interest and
return on equity computation, the Commission has also considered the impact of these
assets on depreciation only.
Table 84: Capitalisation under no specific scheme and under schemes for FY 2012-13
(Rs. crore)
Particulars
Amount
23.97
Buildings
13.32
Vehicles
2.97
2.63
Office Equipments
19.26
14.84
Total
76.99
Particulars
4.9
Amount
5,927
6,005
4.9.1 The depreciation for FY 2012-13 was approved at Rs. 1,309 crore in the previous
ARR Order in Case No. 19 of 2012. In its present Petition, MSEDCL has claimed
depreciation of Rs. 1,235 crore for FY 2012-13. In the previous ARR Order, the
Commission approved an average depreciation rate of 3.65% as against 3.66%
submitted by MSEDCL in the current petition
4.9.2 For the purpose of Truing up of FY 2012-13, the Commission has considered the
average depreciation rate as submitted by MSEDCL. However, since the opening
GFA as considered by MSEDCL is different from the opening GFA as approved by
the Commission, the approved depreciation is accordingly computed. The opening
balance of GFA for FY 2012-13 has been considered the same as the approved
closing balance of GFA for FY 2011-12.
4.9.3 For the purpose of depreciation MSEDCL has included Rs. 77 crore as additions apart
from the scheme wise capitalisation and Rs. 5 crore as retirement of assets during the
FY 2012-13 as provided in the Annual Accounts.
4.9.4 Additionally MSEDCL has claimed Rs. 127 crore under AAD for FY 2012-13.
MSEDCL has computed the AAD based on the depreciation for the year and
repayment for the year. The Commission noted that MSEDCL has not provided the
required information on cumulative loans as required under the Tariff Regulations,
2005 which state that Provided that the advance against depreciation shall be
restricted to 1/10th of the principal amount of loans that are to be repaid in such
financial year minus the amount of allowable depreciation.
4.9.5 In the absence of information on cumulative repayment of loan, cumulative loans
taken and excess of cumulative loans over cumulative depreciation, which is required
for estimating the AAD, the Commission has determined the AAD on the basis of
maximum of approved depreciation and repayment for FY 2012-13.
Table 85: Depreciation for FY 2012-13
(Rs. crore)
Particulars
Opening GFA
Addition to GFA during the year
Retirement of assets during the year
ARR Order
(Case No. 19
of 2012)
25,304
Allowed after
Truing up
Actual
27,268
25,975
6,436
6,005
6,005
Closing GFA
ARR Order
(Case No. 19
of 2012)
31,740
Depreciation
Particulars
33,268
31,974
1,042
1,108
1,061
3.65%
3.66%
3.66%
1,309
1,235
1,235
267
127
174
1,309
1,235
1,235
AAD
Depreciation + AAD
Allowed after
Truing up
Actual
Source of Loan
PFC - Total
REC - Project
EMI - Swapping
of Loan/Debt
Restructuring
Premium
Raigad DCC
Bank
Ratanagiri DCC
Bank
Sindhudurg DCC
Bank
GoM (incl.
RGGVY Loan)
Gross Total
0.57
11.39
9.00
105
26
79
8.29
9.0010.00
119
22
97
10
9.42
9.25
57
11
46
9.33
10.5011.50
408
43
74
378
38
9.74
11,428
3,556
1,235
13,749
1,446
11.49
4.10.3 Commission has considered the funding pattern for capitalisation for FY 2012-13 in
the same ratio as that of the capital expenditure. As per MSEDCLs submission for
Order in Case No 38 of 2014
Return on Equity Rs. 790 crore is funded via equity out of the total capital
expenditure of Rs. 4,848 crore during FY 2012-13. Also, Rs. 966 crore pertains to
equity portion of capitalisation. However as per the forms for capital expenditure
submitted by MSEDCL, Rs. 1,095 crore of equity funding of capital expenditure was
reported. Due to lack of reconciliation the Commission has considered the equity at
Rs. 966 crore for funding of capitalisation, as submitted by MSEDCL, in the form for
computation of Return on Equity. This is also within the limit of 30% equity
contribution in capitalisation. The figure of loans has been accordingly derived by the
Commission.
Table 87: Funding Pattern submitted by MSEDCL and approved by the Commission for FY 2012-13
(Rs. crore)
Actual
ARR Order
(Case No. 19
of 2012)
Particulars
As per
ROE
submission
705.82
Debt
Allowed after
Truing up
As per Capital
Expenditure
form
4,848
4,848
4,848
198
198
1,095
790
3,555
3,860
5,927
5,927
790
5278.47
6,436
5,927
Grants received
during the year
242
Equity
966
966
Debt
4,719
4.10.4 The summary of the interest expenses for long-term debt approved for FY 2012-13 is
as follows:
Table 88: Interest on long-term debt for FY 2012-13
(Rs. crore)
Particulars
Opening loan balance
Addition
Repayments
Closing Balance
Order in Case No 38 of 2014
ARR Order
(Case No. 19
of 2012)
9,285
5,278
(1,309)
13,254
Actual
Allowed after
Truing up
11,428
3,556
1,235
13,749
9,518
4,720
1,061
13,117
Page 114 of 148
Particulars
Gross Interest Expense
Less: IDC
Net Interest Expense
Average Interest Rate (%)
ARR Order
(Case No. 19
of 2012)
1,127
1,127
10.0%
Actual
Allowed after
Truing up
1,466
181
1,266
11.49%
1,304
1,304
11.49%
4.11 Interest on working capital and consumers Security Deposits and Other Interest
and Finance Charges
4.11.1 MSEDCL submitted that the actual working capital interest incurred was Rs. 301
crore, as compared to Rs. 49.89 crore interest on working capital approved by the
Commission in its previous ARR Order.
4.11.2 MSEDCL submitted that the regulatory provision of reducing working capital by the
total amount of security deposits is leading to a negative working capital which is not
MSEDCLs true situation. MSEDCL further claimed that the amount of security
deposits as reflecting in the books of accounts of MSEDCL is just a notional amount,
since such amount though reflects in the Balance Sheet in the Transfer Scheme;
MSEDCL has not physically received such deposit in cash from erstwhile
Maharashtra State Electricity Board.
4.11.3 Further, the Judgement in the said Appeal (Appeal no. 227 of 2012 & IA no. 20 of
2014) has been passed by the Honble ATE on 30 May, 2014. In the said Judgement
the Honble ATE has upheld the decision of the Commission, observing, Interest on
working capital: The contention of the Appellant regarding deduction of consumer
security deposit from the working capital requirement is rejected as it is inconsistent
with the Tariff Regulations and the consumers cannot be burdened on this account
especially as they had deposited the security with the erstwhile Electricity Board
which is reflected in the books of accounts of the Appellant.
4.11.4 The Tariff Regulations, 2005 clearly stipulate that working capital interest has to be
considered on normative basis. In MSEDCLs case, because of the significant amount
of consumers security deposit lying with MSEDCL (as per the books of accounts),
and the credit period of one-month considered on power purchase expenses, the
normative working capital requirement works out to be negative. Hence, the
Commission has considered the interest on working capital as nil for FY 2012-13.
However, the difference between normative and actual interest on working capital has
been considered as a controllable loss and shared between MSEDCL and the
consumers in accordance with Regulation 19 of the Tariff Regulations, 2005, as
explained later in this Section.
4.11.5 Other interest and finance charges include interest on security deposits, guarantee
charges, finance charges and stamp duty. MSEDCL submitted that the actual
expenditure on security deposit of consumers and other finance charges amounted to
Order in Case No 38 of 2014
Rs. 416 crore against Rs. 512 crore approved by the Commission in Case No. 19 of
2012.
4.11.6 Rs. 378 crore is on account of interest on consumer deposits which the Commission
has verified from the Audited Accounts of MSDECL.
4.11.7 The actual expenditure of Rs. 37 crore on other interest and finance charges has been
accepted by the Commission as per the Audited Accounts. Thus, the interest on
working capital, other interest and finance charges including interest on consumers
security deposit, approved by the Commission for FY 2012-13 works out to Rs. 416
crore.
Table 89: Interest on Working Capital, Consumers Security Deposit and other interest and finance
charges for FY 2012-13
(Rs. crore)
Particulars
Interest on working capital
Interest on Security Deposit
Guarantee Charges
Finance Charges
Stamp Duty
Order
in Case No.
19 of 2012
50
452
14
32
12
Total
559
Actual
Allowed after
Truing up
301
378
9
21
7
378
9
21
7
717
416
Particulars
FY 2012-13
Opening Balance
560.82
Add: Provision
683.62
702.50
541.94
4.12.2 The Commission is of the view that since the regulatory income of Rs. 1,256 crore is
not billed to consumers during FY 2012-13, provision for bad debts against this
Order in Case No 38 of 2014
regulatory income does not arise. The Commission has however included wheeling
charges for the computation of bad debts for FY 2012-13.
Table 91: Provision for Bad debts for FY 2012-13
(Rs. crore)
Particulars
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
50,409
45,575
44,319
756
684
665
1.5%
1.5%
1.5%
Particulars
Compensation for injuries, death and
damages to staff
Compensation for injuries, death and
damages to outsiders
ARR Order
(Case No. Actual
19 of 2012)
Allowed after
Truing up
3.97
3.97
6.30
6.30
7.40
1.45
0.16
0.08
ARR Order
(Case No. Actual
19 of 2012)
Particulars
Other Expenses (Total)
19.37
Allowed after
Truing up
10.28
Particulars
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
157
230.05
229.88
4.15.2 The RLC and ASC refund amount was verified with Schedule-27 of the Audited
Accounts of MSEDCL. The Commission has accepted the claim of MSEDCL on
RLC and ASC refund to consumers in its distribution area for FY 2012-13.
Table 94: RLC and ASC refund for FY 2012-13
(Rs. crore)
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
RLC Refund
666
462
462
ASC Refund
(2)
(2)
Particulars
Actual
A.
Interest Income
14.57
48.80
Other Income
Sub-total
106.93
0.021
4.48
5.64
180.44
B.
Operating expenses
5.12
Employees Costs
1.80
9.76
Administration Expenses
2.54
2.80
(208.66)
36.43
Actual
463.30
313.09
Sub-total
C
132.66
4.16.2 The Commission asked MSEDCL to provide details on Rs. (208.66) crore shown as
short provision for power purchase. MSEDCL in its reply dated May 5, 2014
submitted that this is on account of withdrawal of provision of expenses of Rs.200
crore for Ghatghar station. The Commission is allowing the amount of Rs. (208.66)
under prior period expenses for FY 2012-13. However the Commission cannot
consider the claim of MSEDCL towards operating expenses, employee costs,
depreciation, interest and finance charges and administrative expenses as they are
controllable factors, and approved to MSEDCL as per the principles set out in all the
previous Tariff Orders. Given below is the summary of prior period charges approved
by the Commission for FY 2012-13.
Table 96: Approved Prior Period Charges FY 2012-13
(Rs. crore)
Particulars
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
(180.44)
(161.39)
313.09
254.64
132.66
93.25
4.17.4 Accordingly the Commission has not approved contribution to contingency reserves
for FY 2012-13 in accordance with the Tariff Regulations, 2005.
Table 97: Contribution to Contingency Reserves for FY 2012-13
(Rs. crore)
Particulars
Contribution to Contingency
reserves
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
63
ARR Order
(Case No. 19
of 2012)
-
Particulars
Income Tax
Actual
Allowed after
Truing up
65
Particulars
ARR Order
(Case No.
19 of 2012)
Actual
Allowed after
Truing up
5,826
7,231
6,641
Page 121 of 148
ARR Order
(Case No.
19 of 2012)
Actual
Allowed after
Truing up
706
965
966
0.8
6,531
8,197
7,606
989
1,234
1,140
Particulars
Particulars
Non Tariff Income
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
1,379
1,430
1,430
4.21 Income from Wheeling charges, Cross-subsidy surcharge and Open Access
4.21.1 MSEDCL submitted that the income from wheeling charges was Rs. 39 crore against
Rs. 18 crore approved in the ARR Order. The same was verified from Schedule-21 of
the Audited Accounts of MSEDCL and found to be accurate. Accordingly, the
Commission approves the same.
4.21.2 MSEDCL also submitted that the income from cross subsidy surcharge and open
access was Rs. 10 crore against Rs. 9 crore approved in the ARR Order. The same
was verified from Schedule-22 of the Audited Accounts of MSEDCL and found to be
accurate. Accordingly, the Commission approves the same.
Table 101: Income from Wheeling charges, Cross-subsidy surcharge and Open Access
(Rs. crore)
Particulars
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
Particulars
Income from Wheeling Charges
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
18
39
39
10
10
statements with effect from the financial year 2012-13. During FY 2012-13,
MSEDCL has recognised Regulatory Asset of Rs. 1,256 crore with corresponding
credit effect shown as Regulatory Income in the financial statements based on the
measurement criteria prescribed in the said Guidance Note after considering the actual
revenue expenditure incurred and revenue income accounted in the books of accounts.
MSEDCL further submitted that at the time of Truing up of FY 2012-13, the
Commission will determine the Trued up gap for FY 2012-13 based on actual
expenditure & income without considering the income arising out of regulatory assets.
The Regulatory Income would be realised as & when the consumers pay the bills and
will be reflected in revenue from sale of power in FY 2013-14. Accordingly,
MSEDCL has not considered the Regulatory Income as a part of Revenue from sale
of power for the purpose of Truing up of FY 2012-13.
4.22.5 The Commission asked MSEDCL to quantify and provide for Commissions analysis,
the impact of various reasons for lower revenue in FY 2012-13 including impact of
lower sales, revenue at revised tariffs only for part of the year and additional TOD
rebate. However, no reply was received from MSEDCL.
Table 102: Revenue from Sale of Power for FY 2012-13
(Rs. crore)
Particulars
Revenue from Sale of Power
Additional FAC
Total Revenue
ARR Order
(Case No. 19
of 2012)
Actual
Allowed after
Truing up
44,280
44,280
44,280
44,280
48,926
1,483
50,409
by the Commission in Order in Case No. 19 of 2012. Not all of these expenses are
uncontrollable and hence, there is efficiency loss in case of A&G expenditure. This
efficiency loss is shared with the consumers in accordance with the MERC Tariff
Regulations 2005. One third of the efficiency loss has been passed on to the
consumers through. The summary of sharing of efficiency gains/ loss on account of
O&M expense is shown in the table below.
Table 103: Efficiency gain/ (loss) due to O&M expenses for FY 2012-13
Allowed as
per this
Order
Efficiency
Gains/ (losses)
Efficiency
Gains/ (losses)
shared with
consumers
Sharing of
efficiency
gains/ (losses)
Actual
Case No.
19 Order
A&G expenses
461.71
313.60
313.60
(148.11)
(49.37)
R&M
expenses
610.63
610.55
610.55
(0.08)
(0.03)
4.23.4 Interest on working capital: The actual interest on working capital incurred by
MSEDCL during FY 2012-13 is Rs. 301 crore, as against 'Nil' normative interest on
working capital approved by the Commission. As stated earlier, the Commission has
considered the difference between the actual interest on working capital and
normative interest, amounting to Rs. 301 crore, as an efficiency loss and shared the
same between MSEDCL and the consumers in accordance with the Tariff
Regulations, 2005. The balance amount of the efficiency loss has to be absorbed by
MSEDCL.
Table 104: Efficiency loss due to Interest on Working Capital for FY 2012-13 (Rs. crore)
Sharing of
efficiency
gains/ (losses)
Interest on
working
capital
Actual
300.93
Case No.
19 Order
Allowed as
per this
Order
49.89
Efficiency
Gains/
(losses)
(300.93)
Efficiency Gains/
(losses) shared
with consumers
(100.31)
4.23.5 Distribution loss achievement: MSEDCL reported the actual distribution loss in FY
2011-12 as 14.67 % against a target of 15.77 % as set by the Commission in Case No.
19 of 2012. The Commission has approved distribution loss for MSEDCL during FY
2011-12 at 14.67 %. Considering the target distribution loss of 15.77 %, there is an
over-achievement of 1.10%. Therefore, this efficiency gain has to be shared between
MSEDCL and the consumers in accordance with the MERC (Terms and conditions of
Tariff) Regulations, 2005.
4.23.6 In this Order, the Commission has computed the efficiency gain due to over
Order in Case No 38 of 2014
achievement of distribution loss reduction based on the actual average billing rate of
MSEDCL in FY 2012-13, as shown in the table below:
Table 105: Efficiency gain due to lower distribution losses in FY 2012-13
Particulars
Normative distribution losses
Actual distribution losses
Actual energy input
Normative sales
Actual sales
Approved sales
Additional/ (lower) sales due to lower distribution loss
Average billing rate*
Additional/ (lower) sales due to lower distribution loss
Efficiency gains to be retained by MSEDCL
Efficiency gains passed on to consumers
Unit
%
%
MU
MU
MU
MU
MU
Rs/ kWh
Rs. crore
Rs. crore
Rs. crore
Amount
15.77%
14.67%
97,846.39
82416.01
83,488.05
83,488.05
1,072.04
5.24
561.38
374.25
187.13
*Based on Revenue from sale of power as per Schedule 21 of Audited Accounts of MSEDCL
excluding standby charges, Miscellaneous charges from consumers, wheeling charges and theft
recovery income.
4.23.7 In accordance with the above analysis, the sharing of efficiency gains/ (losses) in
relation to A&G expenses, Interest on Working Capital and Revenue will be allowed
to pass through to the consumers. The summary of efficiency gains/ losses is as
below:
Table 106: Summary of Efficiency Gain/ (loss) to be considered in ARR for FY 2011-12 (Rs. crore)
Sharing of
efficiency
gains/
(losses)
A&G
expenses
R&M
expenses
Interest
on
working
capital
Distribution
loss
achievement
Actual
Case No.
19 Order
Allowed as
per this
Order
Efficiency Gains/
(losses)
Efficiency Gains/
(losses) shared
with consumers
461.71
314.00
314.00
(148.11)
(49.24)
610.63
610.55
610.55
(0.08)
(0.03)
300.93
49.89
(300.93)
(100.31)
561.38
187.13
112.26
37.42
Total
4.24 Other Claims and Orders impacting the revenue gap of MSEDCL
4.24.1 The Commission while approving the consolidated revenue gap for FY 2012-13 in
Case No. 19 of 2012 had approved MSEDCLs claims against following Orders.
Accordingly while approving the final Truing up for FY 2012-13 these claims have
Order in Case No 38 of 2014
Sr.
No.
Particulars
As submitted by
MSEDCL
Approved by
the Commission
237
228
405
405
1
2
3
427
427
NA
750
4.24.2 Additional carrying cost on APTEL Orders: MSEDCL in its application of interim
relief had claimed carrying cost on various deferred recoveries computed up to the
date of recovery of the same. The Commission in the Interim relief Order has
approved Rs. 1,022 crore as carrying cost on delayed recovery against Rs. 1,051 crore
claimed by MSEDCL.
4.24.3 Carrying cost on True up of FY 2011-12 and FY 2012-13: MSEDCL in its petition
has claimed Rs. 1,317 crore as carrying cost towards True up of FY 2011-12 and FY
2012-13 calculated at a rate of 12% per annum. MSEDCL submitted that it is entitled
to carrying cost on claims of legitimate expenses which are already incurred but the
recovery is deferred. MSEDCL further submitted that the Trued up amount of FY
2011-12 and FY 2012-13 is as per the audited accounts statements duly audited by
statutory auditors. These are all legitimate expenses duly audited but the recovery of
which is delayed. The Commission is of the view that the delay was on account of
MSEDCLs delay in filing Truing-up Petition for FY 2011-12 and FY 2012-13. Even,
MSEDCL had earlier withdrawn its Petition for Truing up of FY 2011-12 after
submission and TVS. Therefore, the Commission finds no merit in the submission
made by MSEDCL for providing carrying cost due to delay in True up.
4.25 Aggregate Revenue Requirement and Revenue Gap for FY 2012-13 after Truing
up
Based on the above analysis, the summary of ARR as claimed by MSEDCL and approved by
the Commission after Truing up is presented in the table below.
Table 108: Aggregate Revenue Requirement for FY 2012-13
(Rs. crore)
Sr.
No.
Particulars
Order in
Case No. 19
of 2012
37,238.26
3,362.13
Actual
35,730.11
4,193.22
Approved
after final
Truing up
35,730.11
4,045.11
Page 127 of 148
Sr.
No.
Particulars
Order in
Case No. 19
of 2012
2,437.98
313.60
610.55
1,309.05
3,120.88
461.71
610.63
1,234.84
Approved
after final
Truing up
3,120.88
313.60
610.63
1,234.84
1,126.89
559.48
1,265.84
717.10
1,303.71
416.18
756.14
9.40
3,105.31
683.62
19.37
65.03
3,128.40
664.78
10.28
3,128.40
63.26
157.24
230.05
229.88
47,687.14
988.56
48,675.70
1,378.76
17.62
8.92
500.00
166.39
228.45
427.00
47,267.58
1,234.26
48,501.85
1,430.49
39.14
9.66
462.11
(2.34)
132.66
228.45
427.00
46,763.29
1,139.75
47,903.04
1,430.49
39.14
9.66
462.11
(2.34)
93.25
(37.42)
228.45
427.00
405.00
405.00
405.00
750.00
750.00
750.00
(767.06)
1,429.05
50,409.00
(767.00)
2,565.71
51,223.91
(767.06)
1,935.98
49,918.48
50,409.00
44,279.68
44,279.68
6,944.23
5,638.80
Actual
5
5.1
5.1.1 Based on the analysis and item wise Truing up the summary of the revenue gap of FY
2011-12 and FY 2012-13 as proposed by MSEDCL and as approved by the
Commission is provided in the table below:
Table 109: Consolidated Revenue Gap claimed by MSEDCL and approved by the Commission
(Rs. crore)
Particulars
Revenue Gap for FY 2011-12
Revenue Gap for FY 2012-13
Carrying cost on deferred recovery
Carrying cost on True Up of FY 2011-12 and FY 2012-13
Total Revenue Gap
Interim Relief provided
Balance Revenue Gap
5.2
As per
MSEDCL
Petition
2,565.68
4,378.72
1,051.00
1,317.00
9,312.40
Approved
1,935.98
3,702.82
1,022.10
6,660.90
5,022.10
1,638.80
5.2.1 Based on the final proposed True up for FY 2011-12 and FY 2012-13, amounting to
Rs. 9312 crore, MSEDCL proposed to recover the same in the form of Additional
Energy Charges in proportion to the Average Billing Rate for the respective
categories. It further stated that since the revised Average Billing Rate for the FY
2013-14 was not available, MSEDCL used the approved figures for Average Billing
Rate for FY 2012-13 in the Order dated 16 August, 2012 (Case No. 19 of 2012) for
calculation of Additional Energy Charge.
5.2.2 MSEDCL further stated that over and above this, Rs. 285 crore per month have
already been approved for MSPGCL/ MSETCL by the Commission vide its Orders in
September 2013, which will be continued to be recovered through another stream of
Additional Energy Charges.
5.2.3 The Commission observed that MSEDCL had prayed for an immediate interim relief
of at least 75% of the proposed revenue gap. However, it did not propose any
mechanism of adjusting the proposed interim relief from the proposed revenue gap for
final recovery. It proposed a recovery mechanism for the full and final proposed
revenue gap. This is not commensurate with the prayer of interim relief. Therefore,
MSEDCLs proposal for recovery of Additional Energy Charges is flawed on its own
merit.
5.2.4 However, the Commission has already approved recovery of Rs. 5022.10 crore
through the Interim Relief Order of 3 March, 2014. At this stage the Commission is
also aware that MSEDCL needs to comply with the Commissions direction of filing
its MYT petition. Granting MSEDCL to recover the balance approved revenue gap of
Rs. 1628.88 crore through another stream of additional energy charges will result into
revising the Tariff of MSEDCL within three months of changing the Tariff. Also,
when the determination of MYT for MSEDCL is imminent, it is appropriate that the
balance approved revenue gap be considered together with the ARR in MSEDCLs
MYT Petition. This will help the Commission to take a comprehensive view of all the
revenue gap and various additional energy charges and Interim Charges, which
MSEDCL has been allowed to recover and determine a single Tariff schedule for
MSEDCL. Therefore, the Commission is not approving any new recovery mechanism
for MSEDCL, apart from the existing Tariff and already approved additional recovery
mechanisms.
5.3
5.3.1 MSEDCL made a specific prayer for allowing it to revise the cross subsidy charges
and proposed to revised schedule of cross subsidy surcharge applicable for FY 201415 based on the proposed True up of FY 2011-12 and FY 2012-13 and
correspondingly proposed additional energy charges.
5.3.2 The Commission has already determined the cross subsidy surcharge for MSEDCL
through its Order in Case No. 185 of 2013 dated 27 March, 2014. As directed by the
Commission, MSEDCL is required to file its MYT Petition for FY 2013-14 to FY
2015-16. After the filing of MYT Petition, the Commission will determine the tariff
for FY 2014-15 to FY 2015-16. Therefore, the Commission is of the opinion that it
will be appropriate for MSEDCL to file its application for re-determination of cross
subsidy surcharge for FY 2014-15 along with its MYT Petition.
5.4
5.4.1 MSEDCL submitted the status of compliance with directives along with the Petition
in Case No. 38 of 2014. However, the Commission has not evaluated the status of
compliance of the directives in this Order, as majority of the directions are to be
complied with or status has to be furnished with its MYT Petition by MSEDCL. The
Commission directs MSEDCL to submit complete status of compliance along with its
MYT Petition.
5.5
5.5.1 The Commission directs MSEDCL to henceforth provide in its Petitions impact
on Tariff due to resolution of any pending litigation in its favour.
5.5.2 MSEDCL has proposed a plan to cover only 500 separated Ag feeders for
metering out of total 6980 feeders in two years (up to December 2015). Under
this plan it will take MSEDCL a very long time to complete the metering. The
Order in Case No 38 of 2014
sd/Vijay L. Sonavane
Member
sd/Chandra Iyengar
Chairperson
Sr. No.
1.
2.
3.
4.
5.
6.
Shri.Vinay.V.Kore
Member of Legislative Assembly, Maharashtra
Varnanagar,
Tal. Pahnala, Dist. Kolhapur 416 113
Shri George John,
Mumbai
Shreenath Chemicals Tarapur,
Boisar - 401 506
Kaygaon Paper Mills Limited,
Aurangabad - 431 005
Shri Satish S. Shah, Nasik - 422 001
Janata Dal (S) Maharashtra
Ichalkarnji,- 416 115
Dist-Kolhapur
M. E. Energy Pvt. Ltd. Markal,
Tal. - Khed, Dist. - Pune - 412 105
Shri Dilip Sukhdev Batwal, Chakan, Tal. - Khed, Dist. - Pune
Smt Urmila Dilip Batwal, Chakan, Tal. Khed, Dist. Pune
Pune Municipal Corporation
Pune - 411 005
Sahyadri Sahakari Sakhar Karkhana Ltd.
Yeshwant Nagar,
Tal.- Karad,
Dist. - Satara - 415 115
Minda Stoneridge Instrument Ltd.,
S.N.287, At Nanekarwadi,
Tal. Khed, Pune
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
Bahiratwadi,
Pune - 411 016
Advance Plastics,
Kharabwadi, Chakan,
Tal. Khed, Pune - 410 501
Raymond Zambaiti Limited,
Sangaon, Tal. - Kagal, Dist.- Kohpaur 416 216
Shri Ramdas K Pingale,
Sambhajinagar, Pune - 411 019
Shri Jethanand A. Nathpotani, Pimpri,
Pune - 411 018.
Shri Kiran Jadhav, Chikhali, Pradhikaran,
Pune - 411 039.
Shri Sayaji Subhash Navadkar
At Post Bahe Tal. - Valava, Dist - Sangali
Kolhapur Zilla Sahakari Pani Purvatha Sansthacha Sahakari Sangh Maryadit,
, Kolhapur
Karveer Taluka Sahakari Dharan & Pani Purvatha Sansthacha Sahakari Sangh
Maryadit, Kolhapur
Sangam Sahakari Pani Purvatha Sanstha Maryadit, Munde Tal. - Karad, DistSatara
Krushnai Sahakari Pani Purvatha Sanstha Maryadit, Peral, Indoli, Bhuyachwadi,
Tal. - Karad, Dist.- Satara
Shree Umeshwar Sahakari Pani Purvatha Maryadit, Umbraj,Tal. - Karad, Dist.
Satara
Shree Koteshwar Sahakari Pani Purvatha Maryadit, Korti,Tal.- Karad, Dist.Satara
Shree Bhagyalaxmi Sahakari Pani PurvathaMaryadit,
Aarewadi, Gamewadi, Delewadi
Tal. Karad, Dist. - Satara
Sangli Miraj M.I.D.C Manufacturing Association,
Miraj - 416 410
Autoline Industries Ltd,
Gat No. 613/2,Mahalunge,
Tal. - Khed, Dist.- Pune
Maharashtra Rajya erigation Federation, Kolhapur
M/s. Sun Diapet,
Vasai (East), Thane - 401 208
Alpha Pneumatics Pvt. Ltd.,
Vasai (East), Thane - 401 208
Teryair Equipment Pvt. Ltd.,
Vasai (East),
Thane - 401 208
Khushubu Engineers,
Shiroli,Kolhapur 416 112
NTB International Pvt. Ltd.,
622/2 Kuruli,
Tal. - Khed, Dist. Pune -410 501
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Shree Varna Shetkari Sahakari Pani Puravtha Seva Sanstha Maryadit, Kini,
Tal: Hatkanangale, Dist: Kolhapur
191.
Shri Mahadev Warana Sahakari Pani Puravatha Seva Sanstha Maryadit, Vathar,
Udgaon, Tal. Hatkangale, Dist, Kolhapur
Vilasrao Kore Warana Upsa Jalsichan Sahakari Sanstha Maryadit, Chikurde,
Tal. Walwa, Dist- Sangli
M/s. Map Alloys, Chakan, Pune-410 501.
Shri Shivaji Seva Sahakari Jalsinchan Yojana Maryadit, Dudhordi No.1,
Tal. Palus, Dist. Sangli
Jyotirling Warna Sahakari Panipuravatha Sanstha Maryadit, Bhadole, Tal.
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Shri Hanuman Sah Pani Puravatha Sanstha Marya. Kogil Bu, Tal-Karvir, DistKolhapur
Malati Enterprises, Hatkanangale, Dist-Kolhapur
Signet International Pvt Ltd, Hatkanangale, Dist-Kolhapur
Flowhite Chemicals Pvt Ltd, Hatkanangale, Dist-Kolhapur
Shreyash Industries , Hatkanangale, Dist-Kolhapur
Madhu Industries, Hatkanangale, Dist-Kolhapur
Mahalaxmi Co-op Processors Ltd
Plot No. 27-35, Shri Laxmi Co-op Ind Estate, Hatkanangale, Dist-Kolhapur
M/s Unique Concrete Industries,Hatkanangale, Dist-Kolhapur
M/s Padmavati Plastics, Hatkanangale, Dist-Kolhapur
Shri Venkteshwara Co-op Foods Grains Processing Siciety Ltd.
Ich.Hatkanangale, Dist-Kolhapur
Shri Hanuman Sah Pani Purvatha Sanstha Marya, Kerle, Tal-Karvir, DistKolhapur
Peeth Girni Malak Mahasangh , Maharashtra State, 2 Manasi Complex, Near
Devrukh S T Stand, Tal-Sangmeshwar, Dist-Ratnagiri
Shri Basweshwar Sah. Pani Puravatha Sanstha Marya. Ispurli, Tal-Karvir, DistKolhapur
Siddha Engineering , Hatkanangale, Dist-Kolhapur
Smt. Maske Reshma Ashok
Subhashwadi, Belapur Shrirampur
Shri Jagtap Mangal Babasaheb At Post. Khanapur Tal. Shrirampur, Dist A.Nagar
Smt Rathod Priyanka Dipak,
Shrirampur
Shri Bavke Balasaheb Bhimaji Tal. Shrirampur, Dist A.Nagar
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