IN RE: CENTRAL ELECTRICITY REGULATORY COMMISSION Vs. STATE
LAWS(ET)-2015-3-9
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on March 31,2015

In Re: Central Electricity Regulatory Commission Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) THE Commission notified the Central Electricity Regulatory Commission (Terms and Conditions for Tariff determination from Renewable Energy Sources) Regulations, 2012, on 06.02.2012 (hereinafter referred to as "the RE Tariff Regulations"), which provide for terms and conditions and the procedure for determination of tariff of the following categories of Renewable Energy (RE) generating stations: "(a) Wind Power Project; (b) Small Hydro Projects; (c) Biomass Power Projects with Rankine Cycle technology; (d) Non -fossil fuel -based co -generation Plants; (e) Solar Photo Voltaic (PV); (f) Solar Thermal Power Projects; (g) Biomass Gasifier based Power Projects; and (h) Biogas based Power Project."
(2.) THE Commission, in the meanwhile, also notified the Central Electricity Regulatory Commission (Terms and Conditions for Tariff determination from Renewable Energy Sources) (First Amendment) Regulations, 2014 (hereinafter referred to as "the RE Tariff (First Amendment) Regulations"), on 18.03.2014, wherein, various technical norms of Biomass Power Projects with Rankine Cycle technology have been amended. These norms are effective from the notification of the First Amendment Regulations.
(3.) THE Regulations enjoin upon the Commission to determine the generic tariff on the basis of the suo -motu petition, for the RE technologies for which norms have been provided in the RE Tariff Regulations. Generic Tariff is different from the project specific tariff for which a project developer has to file petition before the Commission as per the format provided in the RE Tariff Regulations. Pertinently, project specific tariff has been envisaged for the new RE technologies and the technologies which are still at the nascent stage of development, and the Commission shall determine the project specific tariff for such technologies on a case to case basis. Clause (1) of Regulation 8 of the RE Tariff Regulations provides that "the Commission shall determine the generic tariff on the basis of suo -motu petition at the beginning of each year of the Control period for renewable energy technologies for which norms have been specified under the Regulations". The Commission has notified the RE Tariff Regulations on 06.02.2012 and subsequently issued generic suo -motu tariff orders, which were applicable for the renewable energy projects to be commissioned during first, second and third year of the control period (i.e. FY2012 -13, FY 2013 -14 and FY 2014 -15).;


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