Congress legislator from Rangsakona Zenith Sangma on Friday served a notice to the Chief Minister Conrad K Sangma alleging him of misleading the House in regards to the PPA signed with the National Thermal Power Corporation Ltd (NTPC) in 2007.
This came after the opposition has decided to move a motion against Conrad K Sangma for committing breach of privilege while replying to a pending motion related to failure of governance and deterioration of law and order in the state in the Assembly on March 9.
“…I am serving the notice to inform you that a motion on breach of privilege under Rule 158 of the Rules of Procedure and Conduct of Business in the Meghalaya Legislative Assembly will be raised by me on Monday,” Zenith said in his letter to the chief minister.
“You have deliberately misled the August House on March 9 that the government is now helpless and will be compelled to pay the NTPC at Rs 11 crore x 12 = Rs 133 crore per year and Rs 133 crore x 25 = Rs 3,325 crore for total period of 25 years for now drawing power and by further deliberately hiding the operational part of para 2.2.4 and para 12.0 of the PPA between NTPC and MeSEB; operational part of the tripartite agreement (TPA) signed on March 20, 2003, by government of Meghalaya, Government of India and Reserve Bank of India (RBI), all of which governed the content and spirit of the PPA and by hiding the operational part of Section 26; Section 62 and other relevant sections of the Electricity Act 2003 and thereby misleading the August House,” he wrote.
Terming it as highly malicious to create false perception and bad taste in the House, Zenith said, “The information furnish by you before the August House is in complete deviation from the actual content and intent of the power purchase agreement (PPA) between the NTPC and Meghalaya State Electricity Board (MeSEB) signed on July 13, 2007.”
He said para 2.2.4 of the PAA states that “Notwithstanding the obligations of MeSEB to pay all the dues as per this agreement, in the event of default in opening of LC of adequate amount in favour of NTPC or payment of bills beyond a period of 60 days of billing, NTPC shall be entitled to regulate/divert the share of MeSEB to any other Bulk Power Customer(s) as per the provisions of generic procedure for regulation of power supply issued by CERC or any other competent authority from time to time read with the provisions of TPA till the time default is set right”.
He said it is also clear as at para 12.0 of the PPA that in the event of the termination of the PPA, the liability of MeSEB to pay the capacity charges each month will be limited till alternate customer(s) substituting MeSEB is tied up by the NTPC which again is a generic/standard procedure, which, in itself is an available exit clause in case the state/MeSEB intend to surrender the share of allocation of power from NTPC much before the end of the total duration of the agreement period of twenty-five years from the commissioning of the last unit.
Whereas the various notifications and guidelines issued by the CERC are governed by the Electricity Act, 2003 and the various paras in the PPA entered between the NTPC and the MeSEB are guided by the Electricity Act 2003 and various notifications/guidelines issued other authority(s) mandated by the said law, Zenith further added.