Trade in South Asia Region Workshop on Sustainable Development of - - PowerPoint PPT Presentation

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Trade in South Asia Region Workshop on Sustainable Development of - - PowerPoint PPT Presentation

Regional Regulatory Guidelines for promoting Cross Border Electricity Trade in South Asia Region Workshop on Sustainable Development of Power Sector and Enhancement of Electricity Trade in the South Asian Region: Policy, Regulatory


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RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

Regional Regulatory Guidelines for promoting Cross Border Electricity Trade in South Asia Region

Workshop on Sustainable Development of Power Sector and Enhancement of Electricity Trade in the South Asian Region: Policy, Regulatory Issues/Challenges and the way forward

15th January, 2016, Hotel Shangri-La’s – Eros (Connaught Place) New Delhi, India

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Overview of SARI/EI Program 1 Overall CBET Framework 4

Table of Content

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Key Challenges & Risks for CBET 3 Brief of Regional Regulatory Guidelines( RRGs) 5

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

Background and Approach--Regional Regulatory Guidelines 2

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South Asia Regional Initiative for Energy Integration (SARI/EI)

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  • 1. SARI/E is a long standing program of USAID started in the year 2000.
  • 2. Program has consistently strived to address

energy security in South Asia by focusing 1) Cross Border Energy Trade 2) Energy Market Formation and 3) Regional Clean Energy Development.

  • 3. SARI/EI–Phase IV (2012-2017): Key Outcomes.

Three Key Development Outcomes:

  • 1. Coordinate policy, legal and regulatory issues.
  • 2. Advance transmission interconnections.
  • 3. Establish South Asia Regional Electricity Markets.

First Three Year of the Program is Completed.

Demand Driven ‘Bottom Up’ Approach IRADe, a regional organization, is implementing partner

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

Maldives Sri Lanka India Nepal Bangladesh Bhutan Pakistan Afghanistan 8 SAARC COUNTRIES

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SARI/EI Framework

  • TF1: Coordination of Policy, Legal and

Regulatory issues

  • TF-2: Advancement of transmission

system interconnection

  • TF 3: South Asian Regional Electricity

Market

Project Steering Committee TF-1-Coordination of Policy, Legal and Regulatory Issues TF-2-Advancement of transmission system interconnection TF-3-South Asian Regional Electricity Market

Highly Consultative and Participative Approach

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

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  • Project Steering Committee (PSC) is

the apex body of the program and provides overall strategic directions.

  • PSC members consist of government

nominated Senior level officials from the country governments, SAARC, ADB, Independent Energy Experts/Diplomats.

  • Task Force Members are represented

by government nominated members from Regulatory Technical , market related institution of each SA countries.

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Background & Approach

  • f RRGs

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

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Background of the Regional Regulatory Guidelines

Review of Existing Studies/ Literature/ Reports Review & Analysis of EL&R&P in SAC and identification

  • f key

ingredients of CBET

Development

  • f Regional

Regulatory Guidelines for CBET

Steps for the Study

Review of International Power Pools and Identification

  • f Best

practices wr.t CBET

6 Recommend changes/ amendments in the EL&R&P of SAC to promote CBET

1 2

3

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Current status in member countries w.r.t identified ingredients Recommendations for SAC based on best practices identified & Risk Analysis

Background - Regional Regulatory Guidelines is one of the outcome of the

TF-1 study on Review of Electricity Laws, Policies and Regulatory framework of SAC to identify critical requirements of CBET and recommend changes/amendments therein for consideration of the SA countries

Roadmap for development

  • f a

harmonized framework for CBET

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RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

Europe, Nord Pool,SAAP, West Africa, GCC, Georgia-Turkey, SEIPAC,GMS, Central Asia- South Asia( CASA)

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Key Challenges

International Review : Key Challenges and risk for CBET

  • 1. Political Conesus : Regional Cooperation

and Recognition of CBET/Trade in the National Policy, Law

  • 2. Government Commitment & Policy

Coordination

  • 3. Financial Challenges, Investment , Financial

Viability

  • 4. Mechanism of Inter-connection
  • 5. Market form of Trade
  • 6. Regional Cooperation on Regulatory and

Contractual Aspects

  • 7. Open Access in Transmission
  • 8. Transmission Charges/Pricing
  • 9. Transmission Plan

10.Commercial Mechanisms to Settle Imbalances

  • 11. Dispute Resolution

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Motivation behind these challenge is to address the typical Risks in Cross- Border Projects. What are the Risk?

Funding Risk Financial Risk Exchange Rate Risk Financing Risk Legal & Regulatory Risk Security Risk Currency Transfer Restriction Risk Dispute Resolution Risk

Political and Regulatory Risk

Expropriation and Breach of Contract Planning & Construction Risk Commercial Risk Pricing and Payment Risk Supply Risk

Cross Border Electricity Trade

Regional Power System/ at Initial Stages Regional Power System at in Transition and Mature Stages

Country Risks

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Overall CBET Framework

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

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CBET facilitation through

Harmonization

  • f Grid Codes

Standard Contracts (Bankable PPAs/TSAs) Regional Regulatory Guidelines

Coordinated Transmission Planning eventually regional Master Plan

Transmission Pricing rules & methodology

Inter-Governmental Framework Agreement (IGFA)

Overall Framework for development of CBET in South Asia

Changes in EL&R&P Framework Undertaken as part of the TF-1 study

Institutional Mechanism

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Investment Framework and Investment Policy Guidelines

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Regional Regulatory Guidelines

  • Preamble
  • Context
  • Purpose of Guidelines
  • Summary of Guidelines
  • G1: Licensing for cross border trading
  • G2: Open access to transmission network
  • G3: Transmission pricing regime
  • G4: Transmission planning
  • G5: Imbalance settlement mechanism
  • G6: Harmonization of Codes
  • G7: Dispute Resolution
  • G8: Duties and tax regimes
  • Implementation of Guidelines

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P Preamble to the Guidelines

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Preamble to the Guidelines

 These regulatory guidelines apply to CBET among the South Asian countries.  These guidelines are non-binding in nature and are aimed to provide national regulators of SAC with a consistent set of guidelines applicable to CBET  The guidelines deal only with limited areas where need for such common guidelines has been felt by the SAC and are not meant to be comprehensively dealing with all matters related to CBET. For all other purpose, respective national regulations, rules and guidelines shall apply.  Appropriate Institutional Mechanism is required for facilitating and working towards enabling the guidelines and facilitating the required changes to be made in the national regulatory framework. Such entity shall work in close coordination with the National Energy/Electricity Regulators and SAARC for the

  • same. Study has proposed a Forum i.e South Asia Forum of Electricity SAFER for

the Coordination, and facilitate the implementation of the RRGs.  In countries where regulators do not exist, the responsibilities shall rest with relevant ministry and/or empowered entity .

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Context and Purpose of the Guidelines

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Regional Regulatory Guidelines

Context of the guidelines

  • CBET in the region is largely on

bilateral basis and is limited

  • This is set to change with several

new transmission interconnections being proposed that will enable greater integration of power systems in member countries

  • Harmonization/coordination of

EL&R&P framework is a critical requirement

  • The agreements/guidelines needs to

recognize the diversity in countries

  • Be

compatible with respective country’s EL&P&R framework It is important to provide actionability to the Articles by defining them into operating rules and common guidelines w.r.t CBET transactions

The SAARC Inter-Governmental Framework Agreement (IGFA) for Energy Cooperation, signed by Foreign Ministers of the eight member states provides a strong basis for ensuring consistency in certain identified areas of trade as follows

  • Article 4 (Duties & Taxes)
  • Article11 (System Operation and Settlement

Mechanism)

  • Article 12 (Transmission Access)
  • Article 15 (Regulatory Mechanisms)

The guidelines are based on the review of the existing CBET transactions and the existing laws, policies and regulations and review of international experience of various power pools

Existence of political will and consensus is evident from the IGFA

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Purpose of the Guidelines

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Establish clear regulatory environment for cross-border trading

Regional Regulatory Guidelines

Provide roadmap for action and decision making in respective country

Regional Regulatory Guidelines

Purpose of the guidelines

The flexible nature of the guidelines and focus

  • n specific aspects of CBET, would permit

both the guidelines and the national regulatory framework to co-exist for a reasonable period

  • f time.
  • 1. Licensing for cross border

trading

  • 2. Open access to Tx network
  • 3. Transmission pricing regime
  • 4. Transmission planning

5. Imbalance settlement mechanism

  • 6. Harmonization of Codes
  • 7. Dispute Resolution
  • 8. Duties and tax regimes

Specific aspects requiring consensus through common operating principles

Provides consistency in CBET transactions and certainty to stakeholders

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

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Brief Summary of Guidelines

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RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

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Regional Regulatory Guidelines

Licensing for CBET: (Important Regulatory Tool for Trading)

  • Recognition of Trading as a separate licensed business activity
  • Grant of license for CBET through a well defined process
  • License requirements and the underlying rules/limitations

1

Open access to transmission system: (Competitive Market)

  • Setting of fair rules and procedures for non-discriminatory open access
  • Modification/amendment of applicable regulations and gradually legally

binding provisions

  • Defining application process, eligibility criteria, priority order and nodal

agency for OA

2

Transmission Pricing: (cost reflective & efficient)

  • Transmission pricing mechanism based on a country’s requirement and

acceptability

  • Setting

up principles and mechanism for determination

  • f

economically efficient transmission pricing regime and gradually adopting methods based on the concept of location specific pricing

  • Adoption of tariff framework in respective country power system

through enabling regulations

3

Imbalance Settlement: (transparent common procedure)

  • Member Countries to develop a common set of procedures for

Imbalance Settlement for CBET transactions

  • This

will include preparation

  • f

scheduling, dispatch, energy accounting and settlement procedures for both AC-AC & AC-DC interconnections in the region

4 Regional Regulatory Guidelines

Brief Summary of guidelines

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

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19 Harmonization of codes: (safe and reliable regional integrated system operation)

  • Harmonization through formulation of guidelines on technical standards for

interconnection of power systems on aspects related to voltage standards, frequency tolerance, thermal limits etc.

  • Sharing of technical characteristics and system specific data among the

member countries

  • Rules
  • n

metering standards, communication technologies, Protection Schemes etc.

6

Taxes & Duties: (for fostering investment and removing trade barriers)

  • Countries to gradually move towards a zero tax regime

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Regional Regulatory Guidelines

Transmission Planning: (coordinated Regional Planning)

  • Development of a regional coordination forum of National Transmission Utilities to

coordinate between Member Countries on transmission planning aspects

  • Development of a database of information that enables coordination and cooperation

towards transmission planning

  • National Transmission Plans to also include details of cross border transmission lines

(specifically for CBET) & associated infrastructure

  • Sharing of the national transmission plan at the regional level and progress towards

developing a regional level master plan

5

Dispute Resolution: (transparent and fair legal framework)

  • Dispute Resolution process should primarily be in accordance with the agreements or

through amicable settlement

  • Referring the disputes to the SAARC Arbitration Council in case the member

countries are unable to resolve disputes through amicable settlement

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Brief Summary of guidelines

Regional Regulatory Guidelines

Regional Regulatory Guidelines

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Implementation of Regional Regulatory Guidelines

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International best practices

RERA in Southern Africa ( SAAP) Responsible for Cooperation on regulatory & contractual aspects through common set

  • f

regulatory guidelines ACER in European Union Issues non-binding

  • pinions and

recommendations to national energy regulators, transmission system

  • perators

Ensure the regulation of interstate electricity exchanges and to give appropriate support to national regulatory bodies or entities of the Member States. RPTCC in Greater Mekong Subregion High level body responsible for coordinating and guiding the market development

RPTCC

(Regional Power Trade Coordination Committee)

ECOWAS Regional Electricity Regulatory Authority (ERERA) in West Africa.

  • Fosters cooperation

among European energy regulators,

  • Ensures market

integration and harmonisation of regulatory frameworks.

  • Formulates

Framework Guidelines related to regulation on System operation, connection and capacity allocation etc. leads to network codes.

  • Harmonization of

Transmission tariff Structures

  • Specifying

basic rules and guidelines for power trading among Parties

  • Providing

recommendation for the

  • verall

policy and day-to-day management

  • f

regional power trade;

  • Framework for cross

Border Electricity trade.

  • Regulatory

coordination and harmonization

  • f

regulations.

  • Various

regulation and guidelines related to the system

  • peration,

transmission tariff etc.

  • Regional

Guidelines for regulating cross- border power trading.

  • Making

Compatible regulatory decisions

  • Approving

cross- border agreements in transit countries

  • Promoting

transparency in the regulation

  • f

cross- border trading

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Conclusion

  • Harmonization/Coordination of regulatory aspect of CBET is the key for long

term success in South Asia.

  • A clear, transparent regulatory regime will help in promoting investment and

building competitive power market in south Asia.

  • Both International experience and IGFA suggest the need to have institutional

mechanism for coordinating the regulation with respect to CBET.

  • Creating of a institutional mechanism such as South Asia Forum of Electricity

Regulators or any other appropriate institution is critical for electricity regulatory Coordination and facilitating the implementation of the Regional Regulatory Guidelines (RRGs).

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Thanks

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

For more Information Mr.V.K.Kharband (vkkharbanda@irade.org) Mr.Rajiv Ratna Panda (rajivpanda@irade.org)

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Brief Description of Regional Regulatory Guidelines

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop

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Guideline 1: Licensing Cross-border Electricity Trade Activities, Imports And Exports

Rationale Since countries have different licensing rules and procedures, a harmonized licensing framework ensures that licensing does not restrict entry. It provides regulatory tools that helps regulators to keep an oversight of the market National regulators to define the process of obtaining and issuing licenses for CBET subject to their national Legal & Policy requirements 1 Member countries shall aim to recognize CBET as a distinct licensing activity through amendments in existing laws or regulations or through enactment of enabling regulations 2 3 Provisions to include

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Guideline 1: Licensing Cross-border Electricity Trade Activities, Imports And Exports

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The license shall impose conditions to comply with prescribed planning and technical standards and may also require the licensee to provide specific information as deemed necessary by the regulator/designated entity 4 In the absence of the regulator, grant of license shall rest with relevant Ministry/ Government body. Summary to be made public 5

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Guideline 2: Provision of Non-discriminatory Open Access to Transmission Network

The enactment of various provisions/regulations inter alia shall include

Nominating nodal agency for grant open access- Responsible for undertaking scheduling and dispatch operation as well as processing of applications filed by the applicants

Procedure for filing applications, application fee- Customers shall have to apply to seek access on a format to be prescribed by nodal agency giving necessary details such as capacity required, point of injection, point of drawal, duration, type of service required, average load, peak load etc.

Explicitly defined through amendment of regulations or enactment of separate regulations/orders and eventually, in the long-term legislative enablement of

  • pen access

1 Member countries shall coordinate setting of fair rules and procedures for non- discriminatory open access. Notification of enabling regulations in respective SAC, by working along with the national regulators and/or other empowered entities 2 3 Rationale Open Access makes it possible to sell or buy electricity, irrespective of location of buyer/seller in the grid; subject to transparently formulated system-security constraints without discrimination and against payment of adequate fees for accessing the system.

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Enabling provisions for the system operators in respective countries to coordinate scheduling and dispatching of cross border flows 4

Guideline 2: Provision of Non-discriminatory Open Access to Transmission Network

Eventually, in the long-term legislative enablement of open access may be considered through inclusion of non-discriminatory open access provisions in the relevant laws. 5 The enactment of various provisions/regulations inter alia shall include

Processing of applications, priority order and criteria for grant of access- The request for transmission access shall be processed by the nodal agency in a time bound manner taking into account line loading, voltage profile, system stability etc. and ensuring that the existing loads continued to be serviced with reasonable reliability. Subject to Available Transmission Capacity (ATC), the long-term customers shall have priority over short-term customers

Principles with regard to non-discriminatory and transparent charges for network use- The objective in the design of the open access charges should be to recover the sunk cost of the transmission system. Further, open access customers to compensate the nodal agency for scheduling, system control and dispatch services rendered by them.

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Guideline 3: Transmission Pricing

Rationale For CBET, it is essential to have a pricing mechanism that separates pricing of “carriage” and “content”. Pricing must be cost-reflective, efficient, and transparent.

Note: The preference and feasibility of a transmission pricing mechanism is entirely a country’s prerogative and depends on whether the power system in that particular country has reached the stage wherein it is ready to adopt a particular pricing mechanism. In most of the above cases, the PoC charges prevalent in India currently can either be directly used and/or further adapted to arrive at approach for transmission pricing

1 SAFER shall work along with national regulator/ empowered entities to formulate principles and mechanisms for transmission pricing that are economically efficient and transparent The tariff framework shall be sensitive to distance, direction, and related to quantum of power flow. 2

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Guideline 3: Transmission Pricing

Gradually, the member countries shall move towards a pricing framework based

  • n

the principle that transmission system users must share the total transmission cost in proportion to their respective utilization

  • f

the transmission system, while at the same time covering the revenues of the transmission licensee. The Regulators (or other empowered entities) in SAC shall gradually adopt such tariff framework in their respective system through enabling regulations. 3 4 Single point charges in the form of injection charges and withdrawal charges shall be determined for each cross border interconnector/national boundary. 5 A typical multilateral trade scenario between Nepal-India- Bhutan

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Guideline 4: Transmission Planning

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  • The national transmission plans shall include and ensure the following:
  • Adequate coverage of transmission system for feasible CBET scenarios
  • Details of planned transmission lines, interconnecting points in the regions,

timelines for commissioning, sources of funding etc.

Forum shall facilitate coordination between member countries to develop common guidelines for development and augmentation of the national transmission plans to support existing bilateral CBET 2 3 Rationale It is important for member countries to have their individual and comprehensive national transmission plans with identified cross border interconnections. Further, development

  • f a regional transmission plan for the region will facilitate coordinated development

1 SAFER shall facilitate the development of a regional coordination forum of National Transmission Utilities for purpose of transmission planning

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Guideline 4: Transmission Planning

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Member countries shall develop database

  • f

regional transmission projects. Transmission plans shall be shared with the regional coordination forum to facilitate coordinated development 4 Countries shall work towards evolving a coordinated regional level master plan based on pre-specified guidelines, utilizing information from databases shared at the regional level 5

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Guideline 5: Provision Of Imbalance Settlement

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The Imbalance Settlement mechanism shall be explicitly defined by member countries through modification/amendment

  • f

applicable regulations

  • r

through enactment of separate regulations applicable to CBET Common set of procedures shall be evolved by empowered entities (designated system

  • perators
  • r

central transmission agencies), comprising scheduling, dispatch, energy accounting and settlement procedures for both AC-AC and AC-DC interconnections in the region 1 Member Countries shall develop a common set of procedures for Imbalance Settlement of CBET transactions 2 3 Rationale Imbalance Settlement refers to financial settlement for deviations in schedules of injection/withdrawal of electricity. It addresses the issue of mismatch between scheduled and actual delivery of power in the grid through penalty mechanism in case of default.

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Guideline 5: Provision Of Imbalance Settlement

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All participants involved in CBET shall submit their schedules to their respective designated system operators who in turn will coordinate with their counterparts in other countries basis the common set of procedures 4 The enactment of various provisions/regulations inter alia shall include (i) Charges for deviation (ii) Limits on deviation volume and consequences of violating limits (iii) Accounting of Charges for Deviation (iv) Schedule of Payment of Charges for Deviation 5

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Guideline 6: Harmonization Of Codes

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  • Harmonization to be achieved on following aspects
  • Voltage standards and System voltage regulation
  • Frequency tolerance limits and Thermal limit constraint

SAFER shall facilitate harmonization through formulation of guidelines on technical standards

  • f

interconnection. The guidelines shall be framed in consultation with empowered technical bodies in member countries. 1 SAFER shall coordinate and facilitate sharing/exchange

  • f

technical characteristics and system specific data among the owners/operators of power systems in member countries

  • Guidelines to additionally include rules on
  • Metering standards, communication technologies and monitoring
  • Protection Schemes for congestion management and system islanding

2 3 4 Rationale The scale of harmonization of codes across countries varies depending upon the type of interconnection and the scale of transactions undertaken. In case of high volumes being transferred through AC interconnection the risks of deviation and grid security is significant and necessitate harmonization of standards and codes.

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Guideline 7: Dispute Resolution

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If unresolved, the Member Countries may choose to refer the dispute to the SAARC Arbitration Council. The SAARC Arbitration Rules shall govern the arbitration procedure Any dispute arising

  • ut
  • f

interpretation and /or implementation

  • f

the Agreements/contracts entered into shall be resolved amicably among the Member States. 1 Transparent, fair, commonly accepted legal framework and clearly defined dispute resolution procedures are an absolute necessity since they govern and effect the existing and future trade relations between two countries. 2 3 Rationale Dispute Resolution procedures provide for settlement of disputes through conciliation and

  • arbitration. It creates conditions favorable for fostering greater investment by investors of
  • ne Member State in the territory of another Member State.

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Guideline 8: Taxes & Duties

National Governments to facilitate implementation of a zero tax regime through modification/amendment of extant notifications/Regulations 1 Member Countries to move towards exempting export/import duty/levies/fees/taxes, etc. for CBET. . 2 Rationale Taxes and Duties have commercial implications on end consumers and uncertain tax regimes deter investor confidence. To promote CBET in the SA region, countries should adopt a zero tax regime

RRGs and RRIM /SARI/EI/RAJIV/IRADe/15th January,2016/Delhi/SAFIR Workshop