Decided on April 10,2012

Uttar Haryana Bijli Vitran Nigam Appellant
Haryana Electricity Regulatory Respondents


M.KARPAGA VINAYAGAM, J. - (1.)UTTAR Haryana Bijli Vitran Nigam Ltd and Anr are the Appellants.
(2.)THE Respondents 2 to 10 are the Solar Power Developers under RPSSGP. The Appellants have filed this Appeal challenging the impugned order passed by the Haryana State Commission on 24.12.2010 making some amendments to the PPA as requested by the Solar Developers, the Respondents.
(3.)THE short facts are as follows:
(a) The Appellants and the Respondents Solar Developers proposed to enter into Power Purchase Agreements (PPA) for the purchase of solar power generated from the plants of the Respondent Developers by the Appellants. Accordingly, the draft PPA was prepared and filed before the Haryana State Commission for approval.

(b) In pursuance of the same, the State Commission approved the draft Power Purchase Agreement by the order dated 13.8.2010.

(c) On the basis of this, the Respondents have set up and commissioned Solar Power Plants in Haryana. The Plant of the Respondent -2 Solar Developer was commissioned on 15.1.2012. The Plant of the Respondent 10 Solar Developer was commissioned on 28.6.2011 and the Plant of the R -4 Solar Developer was commissioned on 11.1.2012.

(d) According to Clause 4.1.2 of the PPA, the tariff for Solar Power generated from Rooftop PV and Small Solar Power Plants was to be Rs.17.91 per kWh and the base rate was to be Rs.5.50 for the Financial Year 2010 -11.

(e) The tariff of Rs.17.91 per unit determined by the Central Commission was adopted by the Haryana State Commission through its order dated 16.4.2010 and the same was incorporated in the PPA dated 20.8.2010.

(f) The Solar Power Developers filed a representation before the State Commission on 15.10.2010 praying for the amendment pertaining to clause 2.1.15, clause 8.12, clause 12.1, clause 5.3 and clause 7.1.1 (f) of the Power Purchase Agreement.

(g) The State Commission after hearing the parties through the impugned order dated 24.12.2010, amended only with reference to the Clause 8.12 and Clause 12.1 of the Power Purchase Agreement.

(h) Aggrieved over this, the Appellants have filed this Appeal.

The Appellant has challenged the impugned order with reference to the findings rendered by the State Commission by amending the Clause 8.12 and Clause 12.1 of the Power Purchase Agreement to read any backing down of generation beyond 87.6 hrs in a year shall be treated as deemed generation and paid for at the tariff approved by the Commission.


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