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Legal Madhya Pradesh Ministry of Power Electricity Act, 2003

First Amendment to Madhya Pradesh Electricity Regulatory Commission (Power Purchase and Other Matters with respect to conventional fuel based Captive Power Plants) Regulations, 2009

07-Dec-2023 | MPERC/2023/2740

The Government of Madhya Pradesh has issued the First Amendment to the Madhya Pradesh Electricity Regulatory Commission (Power Purchase and Other Matters with respect to conventional fuel-based Captive Power Plants) Regulations, 2009, effective from 8th December 2023. The key highlights are:

Applicability: These Regulations apply exclusively to Captive Power Plants using conventional fuels.

Insertion in Regulation 1.4: The term Affiliate Company is defined as another company that controls, is controlled by, or is under common control with a particular company. Control is defined as the ownership, directly or indirectly, of more than 50% of the voting shares of the company or the right to appoint the majority of directors.

Substitution in Regulation 1.5: Regulation 1.5 of the Principal Regulation is substituted. A power plant will be identified as a Captive Power Plant only if it satisfies the conditions outlined in clause 3 (1) (a) and (b) of the Electricity Rules, 2005, and its amendments notified by the Ministry of Power, Government of India, from time to time. These conditions include:

a. Not less than 26% ownership is held by the captive user(s).
b. If the Captive Generating Plant is set up by an affiliate company, not less than 51% of the ownership is held by the captive user in that affiliate company.

For detailed information, please refer to the attached document.

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