Coal India Limited. Pre Bid Presentation

Transcription

1 Coal India Limited Auction of Coal Linkages in the Sub-sectors of CPP (Phase IV of Tranche II) and Others (Phase III of Tranche II) Pre Bid Presentation This presentation is for ease of understanding of the Scheme by the Bidders. In case of any discrepancies between this presentation and the Scheme Document, the provisions of the Scheme Document will prevail. March 20, 2017

2 AGENDA Background Key Auction Principles Auction Methodology Key Terms Eligibility Criteria Conditions to E-Auction E-Auction Process Payments Key FSA Terms & Modifications to existing FSA

3 BACKGROUND

4 Policy Guidelines for Auction Proportion of coal allocation between power and non-power sector at 75% and 25% respectively as per CCEA decision Sub-sectors could be Cement, Sponge Iron/Steel, Aluminium and Others [excl. Fertiliser (Urea)] including their CPPs etc. Existing FSAs of non-regulated sector No premature termination No renewal except FSAs of CPSEs and Fertiliser (Urea) In case CPSE s want additional linkages they will have to participate in the auction for such additional quantity. To start with, in the first Tranche, quantity shall be aggregate of FSAs of nonregulated sector maturing in FY2016 onwards & 25% of incremental CIL/SCCL production during FY2016 over FY2015. Separate quantities to be earmarked for sub-sectors CIL will allocate coal from area or mine within a subsidiary, as deemed fit FSA tenure may be as decided by MoC, subject to a maximum tenure of 15 years 3

5 4 Policy Guidelines for Auction...2 Bid parameter shall be Premium over Notified Price of coal Auction methodology shall be Non Discriminatory Ascending Clock Auction Auctioneer increments the Premium on electronic platform till demand supply equilibrium is established Premium shall remain constant over contract period; Notified price to be paid shall be suitably indexed on semi annual basis Bidders can bid up to normative annual coal requirement of the end use plant (EUP) Provision for third party sampling for coal supplied CIL/SCCL shall chalk out annual or 6-monthly auction calendar

6 Benefits to consumers over existing NCDP/ FSA provisions Earlier Linkage quantity was 75% of normative quantity Consumers did not have freedom to choose source of supply as per their requirement Transportation cost varied as per allocation of sources Third Party Sampling provision was available only to consumers with ACQ of 4 LT and above Now Linkage quantity will be 100% of normative quantity Consumers have freedom to choose source of supply as per their requirement Transportation cost can be controlled as sources will be known beforehand Third Party Sampling provision is available to all consumers 5

7 KEY AUCTION PRINCIPLES

8 7 Sub-sectors for Auction It has been decided to conduct the current auction of coal linkages under non-regulated sector (Tranche II) under the following sub-sectors: a) Sponge Iron (excluding its CPPs) b) Cement (excluding its CPPs) c) Others [excluding Fertilizer (urea) sector] d) All Captive Power Plants (CPPs) e) Coking Coal All EUPs that do not fall under (a), (b), (d), and (e) above are included in Others subsector Under Tranche II, auction for Sponge Iron and Cement sub-sector was conducted during Jan 17-25, 2017 ( Phase I ) and Feb 28 Mar 07, 2017 ( Phase II ) respectively

9 8 Sub-sectors for Auction 2 Now auctions to be conducted for o Others Sub-sector ( Phase III ). Quantity allocated to the Others sub-sector is ~1.53 MT o CPP Sub-sector ( Phase IV ). Quantity allocated to the CPP sub-sector to be intimated

10 9 Cut-off date of Auction For linkages which have expired / are due to expire by March 31, 2017, the following guidelines will apply: o For bidder who participated in the auction and won back part / full of such quantity, the quantity won back shall be supplied till the execution of new FSA o For bidder who has either not participated or not won back part / full of such quantity, the supply for quantity not won back shall be stopped after the last day of month in which the auction for the particular phase (i.e. sub sector) is concluded or after the expiry of such FSA whichever is later. Bidders will not be allowed to bid for any linkage quantity against which they have a valid FSA which is expiring post March 31, 2017 For linkages which are due to expire post March 31, 2017, the extant coal supply arrangements from such linkages may continue till the next linkage auction s Cut-off date (will be specified later) Bidders with tapering linkages are allowed to participate in the linkage auction

11 10 Bidding Parameter The auction will commence at the Reserve Price (Floor Price) and the bidders shall bid for premium above the Reserve Price and for a particular Quantity. Reserve Price Reserve Price shall be the notified price published for a particular grade of coal

12 Timeline for Auction - CPP Event Date Publication of Notice Inviting Application Saturday, March 18, 2017 Upload of Scheme Document Saturday, March 18, 2017 Launch of Electronic Platform and Start of Saturday, March 18, 2017 Registration Process Period for submission of information, Saturday, March 18, 2017 to documents and payments pertaining to at least one business day Conditions to Auction prior (till 17:00 hrs IST) to the date of auction of the lot in which the bidder intends to participate Pre-Bid Conference Monday, March 20, 2017 Mock Auction To be notified by MSTC Scheduled Start of e-auction To be notified 11

13 Timeline for Auction - Others Event Date Publication of Notice Inviting Application Thursday, March 16, 2017 Upload of Scheme Document Thursday, March 16, 2017 Launch of Electronic Platform and Start of Thursday, March 16, 2017 Registration Process Period for submission of information, documents and payments pertaining to Conditions to Auction Thursday, March 16, 2017 to at least one business day prior (till 17:00 hrs IST) to the date of auction of the lot in which the bidder intends to participate Pre-Bid Conference Monday, March 20, 2017 Mock Auction To be notified by MSTC Scheduled Start of e-auction Friday, March 24,

14 CPP AUCTION METHODOLOGY: CPP Sub-sector

15 Auction Process CPP Method of Bidding Non-Discriminatory Ascending Clock Auction Process Online Electronic Auction Platform Registration on Auction Platform; No physical bids Conditions to Auction Non-Discriminatory Ascending Clock Auction Process Auction Platform to display Normative Coal Requirement across various grades. Increase in Premium till Demand Supply equilibrium is established

16 Auction Process 2 CPP Bidder should visit the website of MSTC website for registration Bidder registration on the Auction Platform is proposed to be linked to an End Use Plant (EUP) Any Bidder as defined in the Scheme Document having one or more CPP Units i.e. Captive Power Plant units (in a single location within the same boundary) located in India shall be allowed to participate. CPPs associated with any type of manufacturing units are eligible to participate in the auction of the CPP sub-sectors. Bidder will have to register each EUP on the MSTC system. Existing registered EUPs do not need to register again. Combination of units located within the same plant boundary is allowed to be registered as one EUP. However, once the units are combined and registered as single EUP, they cannot be split subsequently. It may be noted that bidders already registered for the coal linkage auctions under Previous tranches conducted by Coal India Limited or SCCL must necessarily use the same registration for the same End Use Plant. 15

17 Auction Process 3 CPP Bidder registering under the auction portal for the first time, shall provide the following as part of the registration process: Company Name Name of EUP (auction portal will generate a unique registration number for each EUP) Sub-sector in which each EUP is applying Self-attested copy of Income Tax PAN Card Self-attested copy of VAT/ CST Registration certificate 16

18 17 Auction Process...4 CPP Auction process shall consist of: Conditions to Auction and Non-Discriminatory Ascending Clock Auction Process As a part of Conditions to Auction, Bidders shall provide the following details: EUPs registering for the first time Technical data of EUP Details of any existing coal linkages (expiring post March 31, 2017) for the above EUP Details of any coal mine allocated under CMSP and/or MMDR Acts EUPs already registered on the auction platform Details of coal linkages that has expired or going to expire between the cut-off date for Tranche I and March 31, 2017

19 18 Auction Process...5 CPP Based on the information provided by the Bidder, the system will calculate the Normative Coal Requirement of the EUP: Following this the Bidder shall deposit the necessary Bid Security and the Process Fee Bidders shall also submit certain other documents (both hard copy and soft copy format) such as Notarized Power of Attorney and Affidavit, Board Resolution (if required) etc. Post submission of the requisite information/payments, e-auction process will commence wherein the bidders are required to bid for quantity against a certain price

20 Auction Process...6 CPP After completion of the auction of each Lot, Successful Bidder(s) for that lot will be announced. Such Successful Bidder(s) shall be issued a Letter of Intent ( LOI ) within 15 days of completion of the Phase IV Auction which will include the cumulative Allocated Quantity of such Bidder from the relevant CIL subsidiary, pursuant to the Phase III Auction. The Successful Bidder shall, within 45 (forty five) days of issuance of the LOI to it, submit the Performance Security to the relevant Subsidiary. The Agreement (FSA) shall be executed between the Successful Bidder and the relevant Subsidiary in respect of the Allocated Quantity within 30 (thirty) days of: receipt of the Performance Security; and submission of the documents specified in Scheme Document. Bidders will have to execute separate FSAs for each Lot where they emerge as Successful Bidders. 19

21 Others AUCTION METHODOLOGY: Others Sub-sector

22 Auction Process Others Method of Bidding Non-Discriminatory Ascending Clock Auction Process Online Electronic Auction Platform Registration on Auction Platform; No physical bids Conditions to Auction Non-Discriminatory Ascending Clock Auction Process Bidder to submit his self assessed Coal Requirement. Auction Platform to display Normative Coal Requirement across various grades. Increase in Premium till Demand Supply equilibrium is established

23 Auction Process 2 Others Bidder should visit the website of MSTC website for registration Bidder registration on the Auction Platform is proposed to be linked to an End Use Plant (EUP) Participation Others sub-sector shall cover Specified End Use Plants that belong to sectors other than Cement, Sponge Iron, Fertilizers (urea) and Captive Power Plants. Cogeneration plants that have not participated / participating in Tranche I and Tranche II of the auction of coal-linkages in the captive power sub-sector shall however, be included within the term Others. Specified End Use Plant shall mean one or more industrial units belonging to the Others operating in the non-regulated sector and belonging to the same industry (in a single location within the same boundary) located in India and owned by the Bidder, the particulars of which are submitted in accordance with the provisions of the Scheme Document. 22

24 Auction Process 3 Others Bidder will have to register each EUP on the MSTC system. Existing registered EUPs do not need to register again. Combination of units located within the same plant boundary is allowed to be registered as one EUP. However, once the units are combined and registered as single EUP, they cannot be split subsequently. It may be noted that bidders already registered for the coal linkage auctions under Previous tranches conducted by Coal India Limited or SCCL must necessarily use the same registration for the same End Use Plant. Bidder registering under the auction portal for the first time, shall provide the following as part of the registration process: Company Name Name of EUP (auction portal will generate a unique registration number for each EUP) Sub-sector in which each EUP is applying Self-attested copy of Income Tax PAN Card Self-attested copy of VAT/ CST Registration certificate 23

25 24 Auction Process...4 Others Auction process shall consist of: Conditions to Auction and Non-Discriminatory Ascending Clock Auction Process As a part of Conditions to Auction, Bidders shall provide the following details: EUPs registering for the first time Coal Requirement (in TPA) of the EUP in G10 Grade at 85% capacity utilization, calculated either: On the basis of the norms specified in CIMFR Report titled Setting up of modalities for normative coal requirement of different industries dated May 2015 if applicable; (available on or On the basis of Bidder s own norms/ formula in case the consumption norms of the EUPs are not specified in the above mentioned CIMFR Report, provided that such calculation is reasonable, genuine, justified and logical.

26 25 Auction Process...5 Others Technical data of EUP Details of any existing coal linkages (expiring post March 31, 2017) for the above EUP Details of any coal mine allocated under CMSP and/or MMDR Acts EUPs already registered on the auction platform Details of coal linkages that have expired or going to expire between the cut-off date for Tranche I and March 31, 2017

27 26 Auction Process...6 Others Based on the information provided by the Bidder, the system will calculate the Normative Coal Requirement of the EUP: Following this the Bidder shall deposit the necessary Bid Security and the Process Fee Bidders shall submit documents evidencing the basis of computation of the Coal Requirement in pdf format, with size not exceeding 4 MB and not more than 10 pages. Bidders shall also submit certain other documents (both hard copy and soft copy format) such as Notarized Power of Attorney and Affidavit, Board Resolution (if required) etc. Post submission of the requisite information/payments, e-auction process will commence wherein the bidders are required to bid for quantity against a certain price

28 27 Auction Process...7 Others After completion of the auction of each Lot, Successful Bidder(s) for that lot will be announced. The quantity allocated to Successful Bidders will be called Provisional Allocated Quantity. Successful Bidder(s) shall be issued a Letter of Intent ( Provisional LOI ) within 15 (fifteen) days of completion of the Phase III Auction. Within 60 days of completion of the Phase III Auction (Verification Period), Successful Bidders shall get their Coal Requirement verified from Verification Agencies. If the verified Coal Requirement is less than the Coal Requirement specified by the Successful Bidder, The Provisional Allocated Quantities will be decreased by the percentage (Deficit Percentage) wherein Deficit Percentage = Coal Requirement Verified Coal Requirement 100 Normative Coal Requirement before verification Such reduced quantities will be rounded down to the nearest integer multiple of the Transport Factor and will be declared as the Allocated Quantity. If the verified Coal Requirement is more than the Coal Requirement specified by the Successful Bidder, then the Provisional Allocated Quantity will be rounded down to the nearest integer multiple of the Transport Factor and will be declared as the Allocated Quantity. If the verified Coal Requirement comes out to be less than 4,200 TPA, such Successful Bidders will no more be considered to be Successful Bidders.

29 28 Example Allocated Quantity post Verification Others An example of determination of Allocated Quantity post verification of the Coal Requirement for a Successful Bidder is provided below: Lot Description Provisional Allocated Quantity (TPA) (B) Reduction based on Deficit Percentage (TPA) (C = B x A) Values before verification of Coal Requirement Entitled Quantity (TPA) (D = B C) Values after verification of Coal Requirement Coal Requirement of EUP 150, ,000 Existing Linkage Quantity (deemed to be of G10 Grade) 20,000 20,000 Quantity of Coal allocated Mine in G10 Grade Equivalent 30,000 30,000 Normative Coal Requirement (in TPA) 100,000 82,000 Deficit (difference between the Normative Coal Requirements before and after verification) (in TPA) Deficit Percentage (A = Deficit / Normative Coal Requirement before verification)*100 18, % Allocated Quantity (TPA) post Adjustment for Transport Factor 1 30,000 5,400 24,600 24, ,000 8,640 39,360 39, ,300 3,654 16,646 16,600

30 29 Auction Process...8 Others In case the Successful Bidders fails to get the coal requirement verified within Verification Period, the Provisional Allocated Quantity to which the relevant Bidder had become entitled to shall automatically be cancelled at the end of the Verification Period Successful Bidder(s) shall be issued a Letter of Intent ( LOI ) after completion of the Verification Period, which will include the cumulative Allocated Quantity of such Bidder from the relevant CIL subsidiary pursuant to Phase IV auction. The Successful Bidder shall, within 45 (forty five) days of issuance of the LOI to it, submit the Performance Security to the relevant Subsidiary. The Agreement (FSA) shall be executed between the Successful Bidder and the relevant Subsidiary in respect of the Allocated Quantity within 30 (thirty) days of: receipt of the Performance Security; and submission of the documents specified in Scheme Document. Bidders will have to execute separate FSAs for each Lot where they emerge as Successful Bidders.

31 30 Auction Process...9 Others CIL/ the relevant Subsidiary reserves the right to get the Coal Requirement of the Successful Bidder verified by Central Institute of Mining & Fuel Research ( CIMFR ) or any other agency that may be nominated by CIL ( Final Verification Agency ), within 180 (one hundred eighty) days of execution of the relevant Agreement. In case the Coal Requirement verified by the Final Verification Agency is lower than (i) Coal Requirement verified and certified by the Verification Agency and (ii) Coal Requirement specified by the Successful Bidder, then the Allocated Quantity will be subject to further downward adjustment based on principles similar to those followed during the verification conducted by the Verification Agency (i.e. If the verified Coal Requirement is less than the Coal Requirement specified by the Successful Bidder) subject to necessary changes. The excess supply already made, if any, due to aforesaid further downward revision shall be adjusted during the residual period of the initial 2 (two) years from the execution of the relevant Agreement. For the balance term of the Agreement, the revised Allocated Quantity will be supplied.

32 31 Auction Process...10 Others In case the Coal Requirement verified by the Final Verification Agency is more than: (A) the Coal Requirement specified by the Successful Bidder; or (B) the Coal Required verified by the Verification Agency, then the Allocated Quantity will not be subject to revision / adjustment. In the event the Normative Coal Requirement calculated based the Coal Requirement verified by the Final Verification Agency is less than 4,200 TPA, the Successful Bidder shall not be entitled to receive any coal pursuant to the Scheme and the Agreement(s) entered into by the Successful Bidders with the relevant Subsidiary(ies) shall stand terminated.

33 Auction Process...11 Others Illustration: Verification of Coal Requirement and adjustment of Provisional Allocated Quantity Description Formula Quantity (in TPA) Coal Requirement (as per Bidder s self-assessment) A 1,50,000 Existing Linkage Quantity (deemed as G10 Grade) B 20,000 Quantity of coal allocated from the Mine (computed as G10 Grade equivalent) C 30,000 Normative Coal Requirement (based on Bidder s self-assessed Coal Requirement) D = A - B C 100,000 Provisional Allocated Quantity Lot 1 (after adjustment for Transport Factor) E 25,000 Lot 2 (after adjustment for Transport Factor) F 22,000 Lot 3 (after adjustment for Transport Factor) G 18,000 Coal Requirement (as per the Verification Agency) H 1,32,000 Normative Coal Requirement (based on Coal Requirement as per the Verification Agency) I = H - B - C 82,000 Deficit (in case H is lower than A) J = A H 18,000 Deficit % K = J/D % Allocated Quantities post verification by Verification Agency Lot 1 (after adjustment for Transport Factor) L = E (1-K) 20,500 Lot 2 (after adjustment for Transport Factor) M = F (1-K) 18,000 Lot 3 (after adjustment for Transport Factor) N= G (1-K) 14,700 Coal Requirement (as per the Final Verification Agency) O 1,18,000 Normative Coal Requirement (based on Coal Requirement as per the Final Verification Agency) P = O - B C 68,000 Deficit (in case O is lower than both A and H) Q = A - O 32,000 Deficit % R = Q/D % Allocated Quantities post verification by Final Verification Agency Lot 1 (after adjustment for Transport Factor) S = E (1-R) 17,000 Lot 2 (after adjustment for Transport Factor) T = F (1-R) 14,900 Lot 3 (after adjustment for Transport Factor) U = G (1-R) 12,200 32

34 33 Auction Process...12 Others Illustration: Adjustment of Allocated Quantity post verification by the Final Verification Agency Description Formula Value Allocated Quantity for a particular Lot A 20,500 TPA Time taken by the Final Verification Agency to verify the Coal Requirement B 4 months Say, total quantity supplied prior to the verification by the Final Verification Agency C 8,500 Tonnes Allocated Quantity post verification by the Final Verification Agency D 17,065 TPA Allocated Quantity post verification by the Final Verification Agency (post adjustment for the Transport Factor) Excess supply before the verification by Final Verification Agency is available E F= C (E B/12) 17,000 TPA 2,833 Tonnes Residual Period G = 24 - B 20 months Required Monthly Adjustment H = F /G 142 Tonnes Quantity to be supplied monthly during the Residual Period I = (E/12) - H 1,275 Tonnes The figures have been rounded off for the purpose of this illustration.

35 KEY TERMS

36 35 Normative Coal Requirement As per Para 2(g) of the Policy, maximum bid quantity by a particular bidder shall not exceed the Normative Coal Requirement of the End Use Plant (EUP). Normative Coal Requirement for each EUP in the CPP sub-sector will be calculated by the auction platform based on the norms as worked out by CEA and communicated by Ministry of Power via its Office Memorandum No. FU-35/2014 IPC dated January 15, Normative Coal Requirement for each EUP in the Others Sub-Sector will be calculated by the auction platform based on the self assessed Coal Requirement and other inputs provided by the Bidders on the auction platform.

37 Normative Coal Requirement 2 CPP Normative Coal Requirement (MTPA) Normative Energy Requirement (kcal per annum) Normative Energy Requirement (kcal per annum) 10 9 Gross Calorific Value of a particular Grade of Coal Annual coal requirement of the Specified End Use Plant (calculated in kcal on the basis of the CIMFR Norms) minus Coal requirement of the Specified End Use Plant (in met through any other existing coal linkage(s) minus Coal requirement of the Specified End Use Plant (in kcal) met through any captive coal mine(s) minus Coal requirement of the Specified End Use Plant (in kcal) met through any allocation of coal linkage(s) pursuant to auction process of any lot conducted by CIL and/ or by SCCL * Coal requirement of the Specified End Use Plant (in kcal) met through any other existing coal linkage(s) shall be estimated on the basis of Annual Contracted Quantity under the existing linkage(s) wherein such Annual Contacted Quantity shall be deemed to be of G10 grade of coal. Any valid FSA held by the Bidder, which is expiring after March 31, 2017 will be considered as an existing linkage. 36

38 Example Normative Coal Requirement Calculation CPP Particulars Unit Annual Capacity of Specified End Use Plant MW (A) 200 Unit Heat Rate kcal/kwh (B) 2500 Capacity Utilisation (C) 85% Existing Linkage Quantity TPA (D) 4,200 Deemed Grade of Coal Allocated through Linkage G10 Quantity of Coal allocated for the Specified End Use Plant from the Mine TPA (E) 66,667 Grade of Coal from Mine G10 GCV of G10 grade of coal kcal/kg (F) 4,300 Consumption Norm based on G10 grade Tonne/MW per annum (G) 4,329 Annual Coal Requirement of the Specified End Use Plant (based on G10 grade) Annual energy requirement of the Specified End Use Plant Annual energy requirement of the Specified End Use Plant met through existing coal linkage Annual energy requirement of the Specified End Use Plant met through captive coal mine TPA (H = A*G) 8,65,800 Kcal (I = H*F*1000) x 10^12 Kcal (J = D*F*1000) x 10^10 Kcal (K = E*F*1000) x 10^11 Normative Energy Requirement Kcal (L = I-J-K) x 10^12 GCV of G8 grade of coal kcal/kg (M) 4,900 Normative Coal Requirement (based on G8 grade) TPA (N=L/(M*1000)) 6,97,594 37

39 Example Normative Coal Requirement Calculation (contd) CPP Further in addition to the foregoing illustration, if the bidder is successful in the Lot of G8 grade of coal for a quantity of 20,000 TPA (or 0.02 MTPA), the Normative Coal Requirement for say Lot with G9 grade coal would be as under:: Particulars Unit Normative Coal Requirement (based on G8 grade) TPA (A) 6,97,594 Allocated Quantity in Lot with G8 grade TPA (B) 20,000 Available Normative Coal Requirement (based on G8 grade) TPA (C=A-B) 6,77,594 GCV of G8 grade of coal (D) 4,900 GCV of G9 grade of coal (E) 4,600 Normative Coal Requirement (based on G9 grade) TPA (F=C*D/E) 7,21,785 38

40 39 Normative Coal Requirement 3 Others Coal Requirement (in TPA) Normative Coal Requirement (TPA) minus Annual coal requirement of the EUP met through any existing coal linkage(s) under NCDP, which shall be calculated on the basis of the annual contracted quantity wherein such annual contracted quantity shall be deemed to be of G10 grade of coal, irrespective of actual contracted grade minus Annual coal requirement of the EUP met through any captive coal mine(s), which shall be computed on the basis of G10 grade of coal minus Annual coal requirement of the EUP met through any allocation of coal linkage(s) pursuant to auction process of any lot conducted by CIL or SCCL, which shall be computed on the basis of G10 grade of coal.

41 Example Normative Coal Requirement Calculation Others The Coal Requirement submitted by the Bidder on the Electronic Platform is 42,697 of G10 equivalent grade of coal with an existing linkage of 2,000 TPA. Also, a mine X with peak rated capacity of 48,000 TPA of G9 grade of coal has been allocated for captive consumption to the Unit A and Unit B whose annual coal requirement is in the ratio of 1:5. For the purpose of assessment of Normative Coal Requirement of Unit A, it would be considered that the requirement of Unit A and Unit B has been met to the extent of 8,000 TPA and 40,000 TPA respectively i.e. 48,000 TPA allocated in the ratio of 1:5. The Normative Coal Requirement of the Specified End Use Plant for G8 grade of coal shall be assessed as follows: 40

42 Example Normative Coal Requirement Calculation (contd) Others Particulars Unit Coal Requirement of Specified End Use Plant TPA (A) 42,697 Existing Linkage Quantity TPA (B) 2,000 Deemed Grade of Coal Allocated through Linkage G10 Quantity of Coal allocated for the Specified End Use Plant from the Mine TPA (C) 8,000 Grade of Coal from Mine G9 Average GCV of G9 grade of coal kcal/kg (D) 4,750 Average GCV of G10 grade of coal kcal/kg (E) 4,450 Quantity of Coal allocated for the Specified End Use Plant from the Mine in G10 grade of coal Normative Coal Requirement of Specified End Use Plant not being met pursuant to an existing linkage or mine or allocation of coal linkage pursuant to an auction process under this Scheme and/ or by SCCL TPA (F = C x D/E) 8,539 TPA (G = A B F) 32,158 Average GCV of G8 grade of coal kcal/kg (H) 5,050 Normative Coal Requirement (based on G8 grade) TPA (I = G x E/ H) 28,337 41

43 Example Normative Coal Requirement Calculation (contd) Others Further in addition to the illustration provided above, if the above Bidder is successful in the Lot of G8 grade of coal for a quantity of 12,000 TPA, the Normative Coal Requirement for a subsequent Lot with G9 grade coal would be assessed as under: Particulars Unit Normative Coal Requirement (based on G8 grade) TPA (A) 28,337 Allocated Quantity in Lot with G8 grade TPA (B) 12,000 Available Normative Coal Requirement (based on G8 TPA (C=A-B) 16,337 grade) Average GCV of G8 grade of coal kcal/kg (D) 5,050 Average GCV of G9 grade of coal kcal/kg (E) 4,750 Normative Coal Requirement (based on G9 grade) TPA (F=C D/E) 17,369 42

44 Lots Lot shall mean a specified quantity of coal belonging to a particular grade which is to be offered for sale and which may be dispatched by road or by rail. Each Lot will contain only one Grade. Each Lot will also have a pre-identified Secondary Source. Each Lot will have a specified mode of dispatch i.e. road or rail. Bidders will have to off-take coal from Lots via the specified mode of dispatch only. In case of a force majeure event or other operational constraints, CIL may supply coal from other mine(s) (Road Sale Points)/ railway siding i.e. Secondary Source and make necessary steps to revert to the primary source as soon as it is operationally possible. S. No. Subsidiary Name Mine/ Siding Mode Grade/Size Quantity Notified Price Details of Lots have been provided in the Scheme Document Secondary Source 43

45 44 Specified End Use Plant for CPP Sub-Sector Specified End Use Plant shall mean a CPP Unit (or a combination of CPP units within a single plant boundary) located in India and owned by the Bidder Company A has an manufacturing Plant and a CPP unit Only the CPP unit will participate for auction of Lots under the CPP sub-sector Accordingly, Bidder to mention the plant capacity of CPP units strictly Manufacturing Plant CPP Unit Bidders having multiple CPPs within the same plant boundary can combine such CPPs and register as one EUP. CPP 1 CPP 2 CPP 3 EUP 1

46 45 Specified End Use Plant for Others Sub-Sector Specified End Use Plant shall an industrial unit (or a combination thereof belonging to the same industry, within a single plant boundary) located in India and owned by the Bidder Company A has a manufacturing unit (under Others), a CPP Unit and a Cogeneration unit Only the Manufacturing unit, or the Cogeneration unit (if not participating or previously participated under CPP) will participate for auction of Lots under the Others sub-sector Accordingly, Bidder to mention the Coal Requirement and related details of the manufacturing unit and Cogen unit only Manufacturing unit CPP Unit Cogen Unit Bidders having multiple units within the same plant boundary and belonging to the same industry can combine such units and register as one EUP. Manufacturing units and Cogen units cannot be combined into a single EUP. Unit 1 Unit 2 Unit 3 EUP 1 Unit 1 Unit 2 Unit 3 EUP 2

47 Auction Sequence Auction will be conducted sequentially and the sequence of Lots will be provided upfront to the Bidders. 3 (Three) Lots will be put up for auction each day as under Lot No. Time of Day 1 11:00 hrs 2 14:00 hrs 3 17:00 hrs First round of auction will be of 15 mins followed by subsequent round(s) of 8 mins each. The process will continue till the Demand Supply Ratio is less than or equal to 100% for a particular round This process will be repeated each day for auction of subsequent lots i.e. Lot 4 will be put up for auction on Day 2 at 11:00 hrs, Lot 5 at 14:00 hrs and so on In case the auction of any Lot spills over to the time of the next Lot(s), then the auction of next Lot(s) will be deferred and will be conducted at the end of auction of the last Lot as per the auction sequence. For Example: There are 15 Lots (numbered L1 to L15) for a sub-sector with a proposed auction sequence of 3 Lots per day at 11:00 HRS, 14:00 HRS and 17:00 HRS respectively. In case the auction of Lot L1 continues till 17:01 HRS on Day 1, auction of Lot L2 and Lot L3 will be deferred and will be conducted after the auction of Lot L15. 46

48 ELIGIBILITY CRITERIA

49 48 Eligibility Criteria Composition of the Bidder Any resident Indian Person including a Proprietorship/partnership firm registered in India Companies incorporated in India Ownership of End Use Plant (EUP) Bidder to own the EUP EUP to be located in India Coal to be used for own consumption Status of End Use Plant EUPs should have commenced commercial operations Normative Coal Requirement Calculated at 85% Plant Capacity Utilisation and bidders may bid up to 100% of their Normative Coal Requirement To be net of requirement being met from other linkages and / or captive coal mine Minimum Normative Coal Requirement should be 4,200 TPA

50 49 Eligibility Criteria 2 No. of Bids by a Bidder With respect to one specified EUP, Bidder is required to submit information/documents and payments as required under Conditions to e-auction With respect to one EUP, the Bidder may submit financial bid for multiple Lots Other Conditions Bidders with criminal conviction with respect to misutilisation of coal allocated through FSA will not be eligible. No transfer of linkage is allowed under the current linkage auction process. However change of control may be considered as specified in the Scheme Document.

51 CONDITIONS TO E-AUCTION

52 EUP Details As a part of Conditions to Auction, Bidders shall provide their EUP details for computation of the Normative Coal Requirement of the plant. Following Details are required for this purpose: Bidders registering for the first time Details of the EUP including capacity [CPP] Details of Coal Requirement and plant capacity [Others] Details of existing coal linkage(s) if any Details of existing Captive Coal Mine, if any Bidders already registered on the auction platform Details of coal linkages that have expired or going to expire between the cut-off date for Tranche I and March 31, 2017 The same are required in the format as provided on the electronic platform. 51

53 Bid Security Bidder shall furnish, a bid security in the form of an Earnest Money Deposit (EMD) The Bid Security shall be Rs. 100 per tonne of the quantity the bidder intends to bid across various Lots The payments made by Bidders towards the Bid Security shall be collected in a designated bank account as mentioned in the Scheme Document The Bidder shall ensure that at any time during the auction process, its Bid Security is adequate vis-à-vis the intended Link Quantity The Bidder has the flexibility to top up the Bid Security at least 1 business day prior to the scheduled auction of Coal Linkages pertaining to the Lot Under no circumstances, the bidder shall be allowed to bid for a quantity for which the Bid Security has not been deposited Refund of Bid Security [CPP Sub-sector] The Bid Security pertaining to the Allocated Quantity of the Successful Bidder will be returned by the relevant Subsidiary to the Successful Bidder, without any interest, post submission of executed copies of FSA to the relevant Subsidiary The balance Bid Security of the Successful Bidder, if any, and the entire Bid Security of unsuccessful Bidders shall be returned without any interest, post completion of the Phase IV Auction 52

54 53 Bid Security Refund of Bid Security [Others Sub-sector] Unless stated otherwise in this Scheme Document, Bid Security with respect to quantities not allocated to the Bidder/ Successful Bidder, as the case may be, will be returned by the Service Provider to the Successful Bidder or Bidder, without any interest, post completion of the Phase III Auction The Bid Security pertaining to the difference between the Provisional Allocated Quantity and the Allocated Quantity of the Successful Bidder, if any, will be returned by the relevant Subsidiary to the Successful Bidder, without any interest, post the Verification Period; and the Bid Security pertaining to the Allocated Quantity of the Successful Bidder will be returned by the relevant Subsidiary to the Successful Bidder, without any interest, post submission of executed copies of Agreement to the relevant Subsidiary; and the Bid Security pertaining to the Provisional Allocated Quantity shall be returned by the relevant subsidiary without any interest, post completion of the Verification Period, in case the verification contemplated in Clause 3.5.2(j) of the Scheme Document is not completed within the Verification Period or in case the Coal Requirement verified by the Verification Agency is less than 4200 TPA.

55 54 Bid Security 2 Conditions for forfeiture of Bid Security The information, documents and/ or payments with respect to the Conditions to Auction are determined to be non-responsive Engagement in a Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice or Restrictive Practice In case of a Successful Bidder, failure to submit within 45 days of issuance of the LOI, the following: Performance Security The documents specified in under the Annexure for Documents to be submitted to the Relevant Subsidiary prior to execution of the Agreement of the Scheme Document and other documents as may be requested by CIL or the relevant Subsidiary Failure to execute the Agreement within the time period specified in the Scheme Document In which case, the Bidder will also cease to be a Successful Bidder.

56 Process Fee Along with Bid Security, the Bidders shall also be required to submit a process fee in the form of an earnest money deposit within the stipulated timeline which is Rs per tonne (inclusive of service tax) multiplied by the Link Quantity across various Lots The Bidder shall ensure that the Process Fee shall, at any time during the auction process, correspond to its intended Link Quantity across various Lots In case a Bidder decides to change the bidding strategy by opting to Bid for a different Link Quantity in a specific Lot, which requires additional Process Fee to be paid, the Bidder shall be required to top up the Process Fee no later than 1 business day prior to the scheduled auction of the Coal Linkages from the relevant Lot The payments made by Bidders towards the Process Fee will be paid into a bank account as stipulated in the Scheme Document The Process Fee pertaining to the Allocated Quantities of each Successful Bidder [CPP Subsector] / Provisional Allocated Quantities of each Successful Bidder [Others Sub-sector] will be debited towards transaction expenses for running the auction process and the balance shall be refunded, without interest In the event that a Bidder does not qualify as a Successful Bidder, the entire amount of the Process Fee, without any interest, shall be refunded to such Bidder after completion of the given Phase of Auction 55

57 56 Other Documents A power of attorney along with a certified true copy of the relevant authorizations in support thereof e.g. letter of authority, resolution of the board of directors, resolution of the shareholders etc. An affidavit certifying inter alia that they meet all the Eligibility Conditions required for participation in the auction process hereunder. An Undertaking to perform activities required for submitting the bid in the manner prescribed in the Scheme Document and certifying that they shall continue to satisfy all the Eligibility Conditions. Documents evidencing the basis of computation of the Coal Requirement. The document should be in PDF format and the document should not be more than 4MB and not more than 10 pages. Formats for the Power of Attorney, the Affidavit and the Undertaking will be provided in the Scheme Document.

58 Proviso for Co-generation CPPs A coal based co-generation CPP may formally declare itself as a CPP and participate in the linkage auction of the CPP sub-sector on the basis of the coal consumption norms stipulated by Central Electricity Authority on Alternatively, a coal based co-generation CPP can choose not to classify itself as a CPP and participate in the Others sub-sector. A coal based co-generation CPP plant can only participate in one of the two sub-sectors, i.e. CPP or Others and will not be entitled for any additional coal requirement beyond what will be assessed in the sub-sector where it participates. In case the Co-generation CPP chooses to participate in the CPP Sub-sector, the Bidder will have to submit an amended affidavit (in place of the standard format of affidavit provided in Annexure IV of this Scheme Document. The draft of the amended affidavit is provided at Annexure XI. It may be noted that bidders already registered for the coal linkage auctions under Previous tranches conducted by Coal India Limited or SCCL must necessarily use the same registration for the same End Use Plant. 57

59 E-AUCTION PROCESS

60 Electronic Auction Process Coal quantity will be allocated by Non-Discriminatory Ascending Clock Auction For a particular sub-sector, Lots shall be auctioned sequentially However, two or more Lots for different sub-sectors may be auctioned simultaneously For a particular Lot, The auction process shall be conducted in rounds The Auction Platform will calculate the premium for each auction round depending on the Demand Supply Ratio of the immediately preceding round Demand Supply Ratio % = Total Bid Quantity of all Bidders in a Lot (TPA) Lot Size (TPA) Bidders are required to indicate quantity ( Link Quantity ) against premium quoted for each successive round of auction The Bidders cannot increase the quantity between the previous and subsequent round Not entering any quantity in a particular round will imply Zero quantity entered and therefore the bidder will not be able to bid for any quantity in the subsequent rounds. Auction stops when Demand Supply Ratio is less than or equal to 100% for a particular round The round at which the auction stops and penultimate round will be compared and the sale of coal from the round generating maximum revenue will be selected 59

61 60 Electronic Auction Process 2 The Bid Quantity ( Link Quantity ) will be the minimum of Normative Coal Requirement or the quantity offered in a particular Lot. The Link Quantity will be integer multiples of the 100 TPA, the Transport Factor The minimum Link Quantity in any round for rail mode shall be 4,000 TPA At the end of each round, bidders will be told the Demand Supply Ratio of that round and the corresponding Premium of the next round and the bidder shall quote the Link Quantity required under each Round subject to the following conditions: The Link Quantity is lower than or equal to the Link Quantity quoted in the previous Round The Link Quantity will be an integer multiple of 100 TPA

62 61 Round Premium Premium for the first round will be Rs. Zero/ tonne Round Premiums (other than the first Round) will depend on the Demand/Supply Ratio of the immediately preceding round and will be determined by the Auction Platform as follows: Demand/Supply Ratio in a particular round Incremental Round Premium (Rs. per tonne) Greater than 100% and less than or equal to 125% 10 Greater than 125% and less than or equal to 200% 25 Greater than 200% and less than or equal to 300% 50 Greater than 300% 100 Premium would be cumulative i.e. Premium for a particular round would be the premium at the preceding round plus the premium computed for the current round.

63 62 Example - Non-Discriminatory Ascending Clock Auction Ascending Price with Demand Converging to 9 MT Quantity Offered 9 INR 1410/tonne 13 INR 1375/tonne 15 INR 1350/tonne 20 INR 1300/tonne 11 INR 1400/tonne 10/tonne as Demand/Supply 122% 25/tonne as Demand/Supply 144% 25/tonne as Demand/Supply 166% 50/tonne as Demand/Supply 222% 100/tonne as Demand/Supply 333% 30 INR 1200/tonne Price Increment

64 63 Allocated Quantity CPP Each round will be considered a valid offer to purchase the Link Quantity at the stated price. Moving to the next round does not mean the previous offer is discarded or becomes invalid. The auction will stop once the Demand Supply Ratio is lower than or equal to 100%. In case in any of these rounds the Demand Supply Ratio is more than 100%, bidders will be allocated their pro-rata share (rounded down to the nearest multiple of the Transport Factor). For example in case the pro-rata allocation of a bidder is 11,515 TPA for a Lot, the final allocation to be computed by the portal would be 11,500 TPA. The revenue from the last and the penultimate rounds will be compared and the and the round generating maximum revenue for CIL will be selected. For rounds where Demand Supply Ratio is more than 100%, the rounded down prorata quantity will be used for calculating the revenue to CIL.

65 64 Example Allocated Quantity CPP Assuming a railway siding as the delivery point, If the round at which the auction stops has Demand Supply ratio of 98% with a notified price of Rs 1,700/tonne and total premium of Rs 360/tonne. The penultimate round has Demand Supply ratio of 102% with a notified price of Rs 1,700/tonne and total premium of Rs 350/tonne. In such a scenario, for comparing the two round, following methodology will be considered: Allocation and Revenue Calculations for Penultimate Round Allocation and Revenue Calculations for Round at which the auction stops Description Bidder 1 Bidder 2 Bidder 3 Bidder 1 Bidder 2 Bidder 3 Link Quantity (TPA) 52,900 47,100 1,04,000 48,000 44, ,000 Pro-rata Allocated Quantity (TPA) 51,863 46, ,961 NA NA NA Final Allocated Quantity (TPA) 51,800 46, ,000 48,000 44, ,000 Total Quantity Available for Sale 1,99,800 TPA 1,96,000 TPA Notified Price Rs. 1,700 per tonne Rs. 1,700 per tonne Applicable Round Premium Rs. 350 per tonne Rs. 360 per tonne Total Applicable Price Rs. 2,050per tonne Rs. 2,060 per tonne Total Annual Revenue Rs Crore Rs Crore Since revenue at the penultimate round is more than the revenue in the round at which the auction stops, CIL may choose this round and allocate each Bidder their pro-rata share with a premium of Rs. 350 per tonne

66 65 Example Allocated Quantity (contd) CPP Assuming a railway siding as the delivery point, if the penultimate round has Demand Supply ratio of 203% with a notified price of Rs 1,700/tonne and total premium of Rs 310/tonne and the round at which the auction stops has Demand Supply ratio of 98% with a notified price of Rs 1,700/tonne and total premium of Rs 360/tonne, following methodology will be considered: Allocation and Revenue Calculations for Penultimate Round Allocation and Revenue Calculations for Round at which the auction stops Description Bidder 1 Bidder 2 Bidder 3 Bidder 1 Bidder 2 Bidder 3 Link Quantity (TPA) 91,200 1,05,000 2,10,000 48,700 45,300 1,02,000 Pro-rata Allocated Quantity (TPA) 44,904 51,699 1,03,397 NA NA NA Final Allocated Quantity (TPA) 44,900 51,600 1,03,300 48,700 45,300 1,02,000 Total Quantity Available for Sale 1,99,800 TPA 1,96,000 TPA Notified Price Rs. 1,700 per tonne Rs. 17,00 per tonne Applicable Round Premium Rs. 310 per tonne Rs. 360 per tonne Total Applicable Price Rs. 2,010 per tonne Rs. 2,060 per tonne Total Annual Revenue Rs Crore Rs Crore Since revenue at the round at which the auction stops is more than penultimate Round, CIL may choose the last round and allocate each Bidder their pro-rata share with a premium of Rs. 360 per tonne.

67 66 Provisional Allocated Quantity Others Each round will be considered a valid offer to purchase the Link Quantity at the stated price. Moving to the next round does not mean the previous offer is discarded or becomes invalid. The auction will stop once the Demand Supply Ratio is lower than or equal to 100%. In case in any of these rounds the Demand Supply Ratio is more than 100%, bidders will be provisionally allocated their pro-rata share. The revenue from the last and the penultimate rounds will be compared and the and the round generating maximum revenue for CIL will be selected. For rounds where Demand Supply Ratio is more than 100%, the rounded down prorata quantity will be used for calculating the revenue to CIL

68 67 Example Provisional Allocated Quantity Others If the round at which the auction stops has Demand Supply ratio of 98% with a notified price of Rs 1,700/tonne and total premium of Rs 360/tonne. The penultimate round has Demand Supply ratio of 102% with a notified price of Rs 1,700/tonne and total premium of Rs 350/tonne. In such a scenario, for comparing the two round, following methodology will be considered: Description Allocation and Revenue Calculations for Penultimate Round Allocation and Revenue Calculations for Round at which the auction stops Bidder 1 Bidder 2 Bidder 3 Bidder 1 Bidder 2 Bidder 3 Link Quantity (TPA) 32,000 62,000 1,10,000 30,000 60,000 1,06,000 Pro-rata Allocated Quantity (TPA) 31,373 60,784 1,07,843 30,000 60,000 1,06,000 Total Quantity Available for Sale 2,00,000 TPA 1,96,000 TPA Notified Price Rs. 1,700 per tonne Rs. 1,700 per tonne Applicable Round Premium Rs. 350 per tonne Rs. 360 per tonne Total Applicable Price Rs. 2,050 per tonne Rs. 2,060 per tonne Total Annual Revenue Rs Crore Rs Crore Since revenue at the penultimate round is more than the revenue in the round at which the auction stops, CIL may choose this round and provisionally allocate each Bidder their prorata share with a premium of Rs. 350 per tonne

69 68 Example Provisional Allocated Quantity (contd) Others If the penultimate round has Demand Supply ratio of 203% with a notified price of Rs 1,700/tonne and total premium of Rs 310/tonne and the round at which the auction stops has Demand Supply ratio of 98% with a notified price of Rs 1,700/tonne and total premium of Rs 360/tonne, following methodology will be considered: Description Allocation and Revenue Calculations for Penultimate Round Allocation and Revenue Calculations for Round at which the auction stops Bidder 1 Bidder 2 Bidder 3 Bidder 1 Bidder 2 Bidder 3 Link Quantity (TPA) 63,700 1,23,300 2,19,000 30,000 60,000 1,06,000 Pro-rata Allocated Quantity (TPA) 31,379 60,739 1,07,882 30,000 60,000 1,06,000 Total Quantity Available for Sale 2,00,000 TPA 1,96,000 TPA Notified Price Rs. 1,700 per tonne Rs. 1,700 per tonne Applicable Round Premium Rs. 310 per tonne Rs. 360 per tonne Total Applicable Price Rs. 2,010 per tonne Rs. 2,060 per tonne Total Annual Revenue Rs Crore Rs Crore Since revenue at the round at which the auction stops is more than penultimate Round, CIL may choose the last round and provisionally allocate each Bidder their pro-rata share with a premium of Rs. 360 per tonne.

70 PAYMENTS

71 Periodic Payments & Price Indexation The premium determined through the auction process will be converted into percentage terms i.e. percentage of the notified price and this percentage premium will remain constant throughout the tenure of the FSA Notified price will be reviewed semi-annually and any modification (upward or downward) in the notified price post such review shall be considered as indexation and such modified price will be referred as Indexed Notified Price. The price charged will be the sum of (a) notified price (or indexed notified price post review if any) and (b) the percentage premium multiplied by such notified price (or indexed notified price). An example is worked out below Original Notified Price (Rs./tonne) 1,700 Premium (Rs./tonne) 250 Total Price Payable by Successful Bidder (Rs./tonne) 1,950 % Premium over Notified Price (to remain constant) 14.71% Upward Revised Notified Price (Rs./tonne) 2,000 Premium 14.71% of Rs. 2,000 / tonne 294 Total Price Payable by Successful Bidder after Price Revision (Rs./tonne) 2,294 Downward Revised Notified Price (Rs./tonne) 1,500 Premium 14.71% of Rs. 1,500 / tonne 214 Total Price Payable by Successful Bidder after Price Revision (Rs./tonne) 1,714 70

72 Performance Security The Successful Bidder, shall provide to the relevant CIL Subsidiary, a Performance Security within 45 days of issuance of the LOI in the form of an Irrevocable and unconditional guarantee from an Acceptable Bank (in the format specified in the Scheme Document) or in the form of a non-interest bearing security deposit Performance Security = 6% x [Allocated Quantity of the Successful Bidder] [Aggregate of the (Notified Price or Indexed Notified Price, as the case may be) and (% Winning Premium x Notified Price or Indexed Notified Price, as the case may be)] The amount of Performance Security shall be suitably revised in case of change in Notified Price Validity of Performance Security is till 3 months from the date of expiry of the FSA The Performance Security may be forfeited by the relevant Subsidiary in the manner specified in the Agreement Acceptable Bank shall mean a Scheduled Bank as listed in the Second Schedule of the Reserve Bank of India Act, 1934 excluding those listed under the headings of Gramin Banks, Urban Co-operative Banks and State Co-operative Banks 71

73 KEY FSA TERMS AND MODIFICATIONS IN EXISTING FSA

74 Grade Variation In case of a variation in grade of coal (decided on the basis of third party sampling) as compared to the Allocated Quantity grade, Bidder shall pay the Notified Price (or the latest Indexed Notified Price as the case may be) of the supplied grade plus the Winning Premium (in percentage terms) on the Notified Price (or the latest Indexed Notified Price as the case may be) of the supplied grade without factoring in royalty payments, taxes etc. as under: Particulars Case I: Supplied Grade is lower than Contracted Grade Case II: Supplied Grade is higher than Contracted Grade Allocated Grade to Bidder G6 G6 Notified Price (Rs./ Tonne) (B) 2, , Premium (Rs./ Tonne) (C) Premium as % of Notified Price (D=C/B) 13.16% 13.16% Actually Supplied Grade G7 G5 Notified Price of Supplied Grade (Rs./ Tonne) (E) 1, , Premium of Supplied Grade (Rs./ Tonne) (F=E*D) Price Payable for Supplied Grade (Rs/Tonne) (I = E+F) 2, ,

75 Independent Third Party Sampling Each Successful Bidder off-taking coal via rail mode may choose an agency from the following: list of independent third parties provided by CIL from time to time or CIMFR or CIMFR appointed agencies. Bearing logistical issues, in case of off-take of coal via road mode, a single independent third party sampling agency will be appointed by respective CIL subsidiary for sampling coal supplied to various purchasers from a particular source Third party sampling, if requested by the Successful Bidder, shall be done from the delivery/ loading point at supplier s end Costs of third party sampling shall be borne equally in case of transport via rail mode in case of transport via road 50% of the cost of third party sampling will be borne by respective CIL subsidiary and the residual 50% cost shall be shared by the parties who have requested for Third Party Sampling on a proportionate basis (depending on quantity of coal supplied). The procedure for conduct of Third Party Sampling shall be as detailed in the Agreement. 74

76 Key Modifications required in Existing Model FSA Duration and Lock-in As per Para 1(ii) of the Policy, tenure of the FSA may be as decided by MoC subject to a maximum of 15 years Under the Auction Process, the Agreement shall come into force from the date of signing of the Agreement and shall be valid for a term of 5 (five) years from the date of signing. Upon expiry of the aforesaid period of 5 (five) years, the Agreement may be extended for a further period of 5 (five) years on mutually agreed terms The Agreement shall have a lock-in period of 2 (two) years Change in Control Change in Control of the Successful Bidder and/ or any transfer of the Specified End Use Plant along with the rights in relation to the Allocated Quantity shall be permissible with prior approval of the relevant Subsidiary if: Such change in Control does not result in the Successful Bidder becoming non-compliant with any of the Eligibility Conditions or the transferee of the Specified End Use Plant along with the rights in relation to the Allocated Quantity continues to satisfy all of the Eligibility Conditions Such change in Control and/ or transfer occurs in accordance with Applicable Law and the conditions for transfer and/ or assignment contained in the Agreement 75

77 Key Modifications required in Existing Model FSA 2 Exit Options Post the expiry of lock-in period, the Successful Bidder may seek an exit after serving a prior written notice of three months. If the Successful Bidder exits the Agreement prior to expiry of the lock-in period of 2 (two) years, the Performance Security shall be forfeited in its entirety and the Successful Bidder shall be disqualified from participating in the subsequent tranche of auction for the non-regulated sector conducted by CIL Indemnification The relevant Subsidiary shall be indemnified by the Successful Bidder for any claims or action that may arise inter alia on account of any misrepresentation of the Bidder misrepresentation, unwilling or otherwise 76

78 Key Modifications over the earlier FSA 3 Quantity and Compensation for short delivery / lifting If level of delivery by the relevant Subsidiary or level of lifting by the Successful Bidder falls below 75% (seventy five per cent.) then the defaulting party shall be liable to pay compensation to the other party in the following manner: The penalty shall be computed in the same manner as done slab wise for computation of income tax. However, unlike income tax the percentage of compensation shall grow on a linear basis within each slab. Performance Incentive There shall be no performance incentive under the Agreement because contracted quantity will be 100% of the EUP s Normative Coal Requirement. Security Level of Delivery/ Lifting of Coal in a Year Percentage of Penalty for the failed quantity Below 75% but up to 70% of Allocated Quantity 0-5 Below 70% but up to 65% of Allocated Quantity 5-10 Below 65% but up to 60% of Allocated Quantity Below 60% but up to 50% of Allocated Quantity Below 50% of Allocated Quantity 40 Successful Bidder shall be entitled to create encumbrances over the Agreement or rights granted to it under the Agreement for the purposes of availing financing from a bank or financial institutions for financing the EUP without any prior approval by relevant CIL Subsidiary. 77

79 Key Modifications required in Existing Model FSA 4 Termination Failure of a party to perform its obligations under the Agreement because of a force majeure, for a period beyond 90 (ninety) days in any continuous period of 180 (one hundred eighty) days Successful Bidder being prevented /disabled under Applicable Law from using coal, for reasons beyond their control Any material change in the coal distribution system of the relevant subsidiary of CIL due to a Government directive/ notification, post the execution of the Agreement The matter pertaining to the diversion or breach of end use of coal leads to suspension of the deliveries and the matter cannot be resolved Encashment of the Performance Security or suspension of coal supplies In the event a party suffers insolvency, appointment of liquidator (provisional or final), appointment of receiver of any of material assets, levy of any order of attachment of the material assets, or any order or injunction restraining the party from dealing with or disposing of its assets A party commits a breach of terms or conditions of the Agreement 78

80 THANK YOU New Delhi (Regional Office) World Trade Tower Ground Floor Barakhamba Lane New Delhi T: +91 (11) F: +91 (11)