Enguri HPP LLC announces a tender for the sale of electricity intended for export to Turkey (for the conclusion of a direct electricity export contract)
9 May 2021 For detailed information about the terms, follow the link
I. General terms for the supply of export electricity
1. The forecast volume of export electricity produced by Enguri HPP LLC over the period from 18 to 31 May 2021 is 60.0 megawatts on a baseload basis.
2. The forecast electricity supply schedule for the reporting month shall be approved by the parties to the contract together with the contract itself; any amendment or addition to the schedule must be agreed before the start of the relevant reporting period.
3. The forecast schedule may undergo significant adjustment in the course of the month for reasons beyond the supplier’s control and on other force majeure grounds (including a shortfall in forecast water inflow, a requirement of the technical operator of the Georgian or Turkish power system, damage to the Georgian or Turkish transmission network, a system failure or other objective circumstances). The existence of such circumstance(s) excludes any liability on the part of the seller.
4. Where the technical system operator so requires (including in the case of an operational requirement), any temporary interruption or delay in the supply of export electricity must be notified to the buyer no later than 24 (twenty-four) hours after it occurs. The existence of such circumstance(s) excludes any liability on the part of the seller.
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II. Terms for submitting a commercial offer
1. The bidder must send a commercial offer stating the price of one kWh of the electricity to be purchased (rounded to two decimal places), in Georgian, to the e-mail address given in these rules.
2. The bidder shall submit the commercial offer referred to in point 1 from the day of publication on the official website of Enguri HPP LLC, www.engurhesi.ge, and no later than 15:00 (Georgian time) on 10 May 2021; otherwise offers will not be treated as received and will accordingly not be considered. The offer must be sent to the following e-mail address: info@engurhesi.ge.
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III. Terms for evaluating a commercial offer
1. The winner shall be the bidder that offers the highest price. Where prices are equal, preference shall be given to the bidder that was first to state the highest price.
2. Enguri HPP LLC reserves the right not to conclude a direct electricity export contract if the price offered by the winning bidder is unacceptable to it. Accordingly, any result of the tender shall be declared void and the conduct of the tender shall have no legal consequences for Enguri HPP LLC, which accordingly excludes the submission of any claim of any kind against it.
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IV. General terms of the contract
1. The law governing a direct electricity export contract is the applicable legislation of Georgia, and the body hearing disputes is the courts of Georgia. The winning bidder unconditionally waives any right to seek the invalidation of this condition in any form and/or to contest it in any other way. The courts of Georgia have exclusive jurisdiction over any dispute arising out of or in connection with this announcement and the electricity export contract concluded thereafter.
2. A mandatory condition of a direct electricity export contract is compliance with the requirements of Article 145, paragraph 5, of the rules of the electricity (capacity) market (in the wording in force before the new market rules take effect), namely the so-called Take or Pay rule.
3. A mandatory condition of a direct electricity export contract is the obligation to pay a penalty where the cost of the electricity is not paid or is only partly paid.