prior to the award. Reliance Power, which had bagged three UMPPs, had earlier in mid-2011 stopped work on its Krishnapatnam UMPP in Andhra Pradesh invoking the ‘force majeure’ clause.
Reliance Power, in its petition, has invoked Article 13.2 of the PPA (read with Section 79(1)(b) of the Electricity Act, 2003) seeking certain reliefs to “recoup/adjust” the project economics for certain “changes in law”, including an increase in water charges by the Water Resources Department of Madhya Pradesh (notification dated 21.4.2010), an increase in the rate of royalty on coal by the Union Coal Ministry (notification dated May 10, 2012), levy of ‘clean energy cess’ by the Union Government in the Finance Act, 2010 (Notification dated June 22, 2010 issued by the Ministry of Finance).
Reliance Power has also cited the imposition of excise duty on coal by the Centre in the Finance Act, 2012 (with effect from April 1,2012), change in Income Tax Rates introduced in the Finance Act, 2012 (from April 1, 2012) and an increase in Minimum Alternate Tax Rates (introduced in the Finance Act, 2012 with effect from April 1, 2012) as among the 10 key reasons under the “change of law” head.
The Madhya Pradesh Power Management Company Ltd and thirteen other distribution companies from UP, Rajasthan, Punjab, Delhi, Haryana and Uttarakhand were to get power from the project. Reliance Power was declared successful bidder for the project in Singrauli district in Madhya Pradesh and a letter of intent (LoI) was issued to it on August 1, 2007. On August 7, 2007, a Power Purchase Agreement (PPA) was executed between the Petitioner and the 14 procurers.