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Annexure I
Advice of the MERC to the State Government on the restructuring of MSEB
- Response on Specific issues


(Accompaniment to Commission's letter No. MERC/Legal/120/927 dated May 14, 2004 to Secretary (Energy), Government of Maharashtra)
   
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1.       The State Government, through its letter dated April 13, 2004 has referred several issues pertaining to the restructuring of the Maharashtra State Electricity Board (MSEB) for advice of the Commission.   Advice of the Commission has also been sought on other matters that may be relevant for the restructuring of MSEB.  In response to this reference from the State Government, the Commission is advising the State Government in accordance with the provisions of Section 86 (2) (iii) on the important issues and considerations. The Commission is keen that the statutory deadline of June 9, 2004 for restructuring of the sector is met, and hence is basing its views on the information presently available to it.

2.       Distribution company formation: The State Government has outlined three options on distribution company formation, as stated below:

(i)        Option 1: Extension of existing structure through a single distribution company being vested with the distribution business of MSEB

(ii)     Option II: A traditional or balanced distribution company structure featuring three distribution companies having comparable urban and rural consumer mix

(iii)    Option III: Urban-rural structure featuring two urban and four rural distribution companies

The State Government has requested the Commission to indicate its preference among the above options.  It appears from the State Government’s letter and the presentation made to the Commission on April 7, 2004 that the State Government is inclined in favour of Option III for restructuring of the distribution business of MSEB.  The Commission appreciates the need to focus better on efficiency improvements and also for permitting competitive response through price reductions to prevent flight to captive generation or alternate supplies under open access, as envisaged in Option III.  However, the Commission desires to specify certain criteria that need to be fulfilled while restructuring MSEB.

(i)                   The distribution companies formed should be manageable in size, in terms of the system demand, number of consumers served and the geographical spread of the utility. 

(ii)                 While some dissimilarities in size, consumer mix (revenue potential) and other attributes is possible, the State Government should ensure that the dissimilarities do not result in a situation that makes the operations of any particular company unviable. 

(iii)                The principles for allocation of PPAs should be determined upfront.  While an optimal cost allocation based on the “capacity to pay” of each distribution business may be necessary, certain risk factors would need consideration (e.g. reliance on specific stations, hydrology risks, risks arising out of consumer mix changes, etc).

(iv)                In view of the potential differences in operating parameters and consumer mix across distribution companies, preventing divergence of tariffs would be a difficult task.  The State Government should formulate specific mechanisms as a part of the restructuring process to ensure that objectives of end use tariff uniformity across the State for particular tariff categories (if any) are not vitiated.  

(v)                  The State Government should consider innovative arrangements on rural distribution management through franchising arrangements to reduce the high level of losses in the rural areas.  The Commission notes with concern that certain rural circles have Aggregate Technical and Commercial Losses (AT&C) losses in excess of 80%.

In view of the complexities involved the restructuring can be undertaken in a phased manner, with the basic requirements for compliance with the Electricity Act, 2003 provisions being adhered to initially.  

 

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Annexure II

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