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GROWTHIFYE ONE-PAGER·MPERC · Madhya Pradesh·tariff order·Case 11/2025·Order dated 2025-07-18

MPERC approves and permits execution of PPA between Jindal Power Ltd and MPPMCL for 72.73 MW medium-term thermal power at Rs.5.22/kWh, with agreed amendments to draft PPA

Petition under Section 63 and 86 of the Electricity Act, 2003 read with Regulation 4.24 of MPERC (Power Purchase and Procurement Process) Regulations, 2023 seeking directions upon the Respondent/ MPPMCL to execute the power purchase agreement (PPA) with the Petitioner for 72.73 MW at the bid tariff of Rs. 5.22/kWh, in terms of the draft PPA already approved by this Hon\'ble Commission in the order dated 05.04.2024 passed in Petition No. 09 of 2024. (Petitioner: 1) Jindal Power Ltd. (JPL))

Background · what was sought

JPL was selected via PFCCL-run competitive bidding (SHAKTI Policy Para B(v), MoP Guidelines dated 20.10.2022) for medium-term (5-year) FOO-basis coal power supply; CERC adopted its tariff of Rs.5.22/kWh for 72.73 MW. MPPMCL sought waiver of Escrow/Hypothecation clauses (13.1.1/13.1.2) from bidders; JPL initially did not agree, so MPERC's 05.04.2024 order allowed only consenting generators to sign, excluding JPL. JPL's review petition was dismissed (13.08.2024) but Commission allowed parties to approach it if mutually agreed. Despite JPL's subsequent willingness, MPPMCL delayed responding for over a year, prompting JPL to file this petition under Sections 63/86 and Regulation 4.24 seeking a direction to execute the PPA.

What the Commission decided
  • Approved execution of PPA (with Addendum) between JPL and MPPMCL for 72.73 MW at Rs.5.22/kWh
  • Approved waiver/omission of draft PPA clauses 13.1.1 (Default Escrow Account) and 13.1.2 (Deed of Hypothecation), consistent with 05.04.2024 order
  • Approved additional MPPMCL-proposed changes: deletion of clauses 13.1.3 and 13.1.4; addition to clause 11.9.2 on billing basis (Regional Energy Account); modification of last proviso to clause 11.11 on rebate-day computation
  • Approved substitution of clauses 19.3.1 and 19.3.2 fixing termination payment liability at 5% of Contract Period (equivalent to Normative Availability Fixed Charge for 3 months) for both Supplier and Utility defaults
  • Directed JPL to file a copy of the executed PPA with the Commission post-signing
  • Disposed of Petition No. 11 of 2025 with the above directions; annexed approved draft PPA as Annexure-I
Way forward agreed by the Commission
  1. JPL and MPPMCL to formally execute the PPA along with the approved Addendum incorporating all agreed clause changes
  2. JPL to file the executed PPA copy with MPERC upon signing
  3. PPA to come into effect from the date of execution by both parties
  4. MPPMCL to operationalize billing per amended clause 11.9.2 based on Regional Energy Account data
  5. Both parties to adhere to revised termination payment framework (5% of Contract Period) under amended clauses 19.3.1/19.3.2
What it means for C&I buyers, OA users & developers
  • • Confirms that MPERC will enforce execution of Section 63 competitively-bid PPAs even after procedural delays exceeding a year, offering certainty to generators awarded capacity under MoP/SHAKTI nodal-agency bidding
  • • Establishes precedent that waiver of Escrow/Hypothecation security clauses is permissible if mutually agreed, potentially easing collateral/security burdens in future medium-term PPAs relevant to bundled or group-state procurement
  • • Clarifies termination liability quantum (5% of contract period) as a negotiable/standardized commercial term that C&I-adjacent procurement structures (via DISCOMs) may reference
  • • Reinforces that generators facing DISCOM inaction on awarded capacity can seek Commission directions under Sections 63/86, relevant for developers relying on nodal-agency bidding routes for long-term supply commitments
Growthifye take

This order is a procedural win for generators stuck in DISCOM inertia post-award: MPERC firmly directed execution once mutual agreement was demonstrated, and codified a reasonable security-waiver plus 5%-of-tenure termination payment framework. For C&I stakeholders, the key takeaway isn't tariff discovery (unrelated to open access/RE) but the Commission's willingness to enforce timely PPA execution under Section 63 bidding and its comfort with waiving escrow/hypothecation security when bidder-DISCOM consensus exists — a template developers can cite in future medium/long-term procurement disputes.

Growthifye does not take responsibility for the accuracy of this information. Values are compiled from tariff orders published on the websites of State Electricity Regulatory Commissions and distribution licensees (plus CEA / MoP / Grid-India), parsed automatically and shown with their source. Always verify against the signed order before any commercial decision. This one-pager is a Vidura-assisted summary of the official order; the signed order prevails.

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