BackR-Power could lose $55 mn bank guarantee in tariff dispute
R-Power could lose $55 mn bank guarantee in tariff dispute
PremiumNew Delhi: Reliance Power risks losing a ₹ 300 crore ($54.7 million) bank guarantee after a court said distribution companies could seek damages from Reliance over a delayed $3.2 billion power project in the southern state of Andhra Pradesh.
The Delhi High Court lifted a prohibition it had imposed on the distribution companies in March that barred them from taking “coercive steps" against the project. Reliance on Tuesday said it has appealed the order and has filed for arbitration to resolve the dispute.
Indonesia’s rule changes have made about 9,000 megawatts (MW) of power projects in India nonviable, including a 4,000MW plant being developed by Tata Power, because the projects cannot raise tariffs to reflect higher fuel costs.
Reliance originally bid to supply power at a fixed rate, but is now arguing that the project will not be feasible without a tariff hike and the Indonesian rule change constituted a force majeure event.
Reliance “has been unable to persuade this court...that the escalation in fuel price is a force majeure event providing it with the defence of non-performance of its obligation under the power purchase agreement," the court said.
Eleven state distribution companies, which have purchase contracts with the unit of Reliance Power developing the 4000MW project, have demanded Reliance pay ₹ 400 crore or give up a bank guarantee for delaying the project.
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