The Government also has a clause of capping the electricity rates charged by Power producing units,so that they cannot fleece the common man to get back the money they spent in buying that block.
Clause 3.1 of the draft bid documents for coal blocks auction prohibits change in composition of a joint venture bagging a coal block while clause 3.6.6 (b) discourages companies from withdrawing from auction once they qualify in the first stage. Coal block allottees cannot transfer mining lease as per clause 3.10 of the bid documents.
A top official in the coal ministry said prohibition of change in joint venture composition or mining lease was necessary to prevent misuse of coal and profiteering by companies, but experts said the clause does not provide for mergers or acquisition.
===================================================================================
Coal block auction: Government likely to cap costs of power plants
Coal block auction: Government likely to cap costs of power plants - The Economic Times
NEW DELHI:
The government plans to cap costs of power plants that can be passed on to electricity consumers, to prevent rise in tariffs as all power firms have agreed to forego mining costs for winning the blocks.
The move will hit power firms as they will have to absorb the mining costs throughout the life of the block and will not be able to pass on the high coal costs under different heads.
Companies said the move was unfair and the government should have indicated such plans before coal block auctions. The government had earlier said it will revise existing power contracts between generating and distribution companies to lower electricity tariffs from plants that will run on coal from auctioned captive blocks.
It now plans capping the fixed costs of the plants to prevent tariff increase in new contracts as most companies that have won the mines with aggressive price bids do not have power purchase agreements (PPAs).
Through the move, the government is ensuring that companies do not pass on the burden of high coal cost in new PPAs. "We are pretty clear that the companies will not be able to smuggle the costs to tariffs," a senior government official said requesting anonymity. The power ministry may issue advisories to the state power distribution companies to check the tariff pass through when they call for the bids. As per the norms, the companies which won the blocks will have to sign PPAs with distribution utilities to be able to mine the coal.
The government has already made it clear that the existing PPAs will be re-opened to bring down the tariff, the official said. The power ministry is soon expected to issue advisories to the state and central electricity regulatory commissions to revise the existing PPAs. The government is also amending the National Tariff Policy to enable the electricity regulatory commissions to open the legally binding PPAs to revise the fuel cost
Section 63 of the Electricity Act, which relates to tariff-based competitive bidding, limits the role of electricity regulators to adopting the tariff and notvetting. "The government is exploring ways to pass on benefits of low coal cost to consumers. The government can revise the tariffs downwards under the change of law provision in the PPAs," another government official said.
That argument that customers will have to pay a heavy amount has not been found to be true after the telecom auctions. There has been no outrageous increase in prices. Nor have they been seen in reverse auctions of coal for power plants. In any case why should the people of India subsidise the end user of any product especially since it remains very non-transparent. Let the users pay if it does come to that or buy coal from abroad as many did. The fact that they find coal mines attractive here suggests differently from your argument.
Btw, the argument on electricity tariffs is a bogus one. When giving to private producers, there is no guarantee that the entire benefits will be transferred & the auctions have actually forced tariffs downwards. Production hasn't been made costly, probably more efficient. In any case, there was nothing the government could do except to formulate the auction rules. the rest was decided by an order of the Supreme Court.
See here the Government is fixing the price the PPP power producing units can charge,
The government plans to cap costs of power plants that can be passed on to electricity consumers, to prevent rise in tariffs as all power firms have agreed to forego mining costs for winning the blocks.
Coal block auction: Government likely to cap costs of power plants - The Economic Times