IN RE: CENTRAL ELECTRICITY REGULATORY COMMISSION Vs. STATE
LAWS(APTE)-2012-10-39
APPELLATE TRIBUNAL FOR ELECTRICITY
Decided on October 25,2012

In Re: Central Electricity Regulatory Commission Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)THE Commission has 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"), 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.

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.

(2.)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 least six months in advance 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, in due discharge of the mandate under Regulation 8(1) of RE Tariff Regulations, proposes to determine the generic tariff for renewable energy technologies for the year 2013 -14, as per the proposal enclosed as Annexure - I.

(3.)COMMENTS /suggestions of the stakeholders on the above proposal are invited by 23rd November, 2012.
New DelhiDated the 25th October, 2012

ANNEXURE: IThe proposed generic levellised generation tariff for various renewable energy technologies, for FY 2013 -14

1. The proposed generic levellised generation tariff for various renewable energy technologies, for FY 2013 -14 are discussed below:

USEFUL LIFE

2. Clause (aa) of sub -Regulation (1) of Regulation 2 of the RE Tariff Regulations defines 'useful life' in relation to a unit of a generating station (including evacuation system) to mean the following duration from the date of commercial operation (COD) of such generation facility:

CONTROL PERIOD

3. Regulation 5 of the RE Tariff Regulations provides that the control period for determination of tariff for renewable energy projects (RE projects) shall be of five years. The first year of the control period is from FY 2012 -13. The Proviso to the said regulation stipulates that the tariff determined for the RE projects commissioned during the control period shall continue to be applicable for the entire duration of the tariff period as specified in Regulation 6 of the RE Tariff Regulations.

TARIFF PERIOD

4. In terms of Regulation 6 of the RE Tariff Regulations, the tariff period in respect of the RE projects is as under:

In terms of clauses (e) and (f) of the said regulation, the tariff period specified above shall be reckoned from the date of commercial operation of the RE projects and the tariff determined under the regulations shall be applicable for the duration of the tariff period.

TARIFF STRUCTURE



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