Decided on September 23,2015

National Load Despatch Centre And Ors. Respondents


- (1.) THE petitioner, Tata Motors Limited, has filed the present petition challenging the letter dated 29.5.2013 issued by National Load Despatch Centre rejecting the applications of the petitioner made after 5.3.2013 for issue of Renewable Energy Certificates and seeking directions to the National Load Despatch Centre (NLDC) and Maharashtra Energy Development Agency (MEDA) to grant Renewable Energy Certificates (RECs) to the petitioner with effect from December 2012 onwards. Facts of the Case
(2.) ACCREDITATION and registration for and issuance of Renewable Energy Certificates (RECs) are governed by the provisions of Central Electricity Regulatory Commission (Terms and Conditions for recognition and issuance of Renewable Energy Certificates) Regulations, 2010 as amended from time to time (hereinafter "REC Regulations"). NLDC has been designated as the Central Agency for registration for issuance of RECs and MEDA is the designated State Agency in the State of Maharashtra for accreditation of the renewable energy generators under the REC Regulations. The petitioner is engaged in the business of manufacture and sale of automotive vehicles, components and parts and is having its manufacturing facility at Pimpri, Pune in the State of Maharashtra. The petitioner has established and is operating wind based generating units in the State of Maharashtra having an installed capacity of 21.95 MW. The petitioner vide its letter dated 15.6.2011 informed MEDA that its wind generation projects were set up in pursuance of the wind power policies of the Government of Maharashtra dated 29.11.1996 and 12.3.1998 by Tata Finance Limited which merged in Tata Motors Limited on 1st April 2005 and with effect from that date, supply of electricity from the projects has been for captive use by Tata Motors Limited. The petitioner applied to MEDA vide its applications dated 27.11.2011 for accreditation of its wind generation projects and MEDA vide its letters dated 28.5.2012 issued accreditation in respect of the wind generation projects of the petitioner. The project details are as under:
(3.) THE petitioner vide its applications dated 1.6.2012 applied to NLDC for registration of its wind generation projects for issuance of RECs. NLDC in the light of the directions of the Commission in order dated 18.10.2012 in Petition No. 34/MP/2012 and related matters, vide its letter dated 14.11.2012 asked all State Agencies for certification that the RE generators applying for RECs have not availed any benefits in the form of concessional/promotional transmission or wheeling charges, banking facility benefits and waiver of electricity duty admissible to CPPs/CGPs/Cogeneration plants. Consequently, MEDA vide its letter dated 14.12.2012 sought necessary certification from the petitioner. In response, the petitioner vide its letter dated 4.1.2013 informed MEDA that it was not availing any waiver of electricity duty, concession or benefits as stipulated in REC Regulations. The petitioner further informed that in terms of the Government of Maharashtra Notification dated 29.1.1996, no electricity duty would be charged to industries for captive use of energy generated from renewable energy sources. The petitioner also informed that the matter of payment of electricity duty by Tata Motors Limited for electricity generated by its windmills was sub -judice in the Court of Civil Judge, Senior Division, Pune for Developer No. 4057 and the court had stayed recovery action by Electrical Inspector till the case is decided.;

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