Rakesh Nath, J. - (1.) THE present Appeal has been filed by Amplus Infrastructure Developers Pvt. Ltd. and Another challenging the impugned order dated 07.11.2014 passed by Uttarakhand Electricity Regulatory Commission ("State Commission") holding that Third Party Model for roof -top and Small Solar PV Power Plants in Uttrakhand is outside the ambit of the Renewable Energy Regulations and the tariffs for such projects would be separately determined by the State Commission.
(2.) THE Appellants are private limited companies who are in the business of development of distributed solar plants across India. The State Commission is the 1st Respondent. UREDA, the Renewable Development Agency of the State Government is the 2nd Respondent. Uttrakhand Power Corporation Ltd., the Distribution Licensee, is the 3rd Respondent. The brief facts of the case are as under: - a) On 15.04.2013, the State Commission issued the Renewable Energy Regulation, 2013 ("RE Regulations") with the aim and purpose of promotion of generation of power from renewable energy sources, including solar. b) In order to promote solar generation, the State Government and the Ministry of New and Renewable Energy ("MNRE"), Government of India approved a scheme for individuals, residential, commercial/government building owners and industrial units to set up Solar Power Plant within the prescribed limit of 500 kW at one site. c) Pursuant to the above Scheme, the Respondent No. 2 invited applications to install Solar Power Plant under the scheme. The Appellants applied under the Scheme. d) On 16.06.2014, the Resp0ondent No. 2 issued a letter to the Appellant that it has registered the Appellant's proposed project under the Scheme on first come first serve basis. e) On 26.06.2014, the MNRE, Government of India issued the Guidelines on Grid Connected Roof -top and Small Solar Power Plants Programme. f) On 18.07.2014, the Respondent No. 2 filed a petition before the State Commission seeking clarification on various issues for implementation of "Uttrakhand Grid Interactive Roof -top and Small SPV Power Plants Scheme" under the RE Regulations, 2013. g) The State Commission after hearing the Respondent No. 2 passed the impugned order dated 07.11.2014. h) The State Commission in the impugned order has decided that a) Third Party Podel for development of Solar Power Plants is outside the ambit of RE Regulations, 2013, b) RE Regulations, 2013 specifies tariffs and other conditions for consumer of Distribution Licensee in the State who installs a solar roof -top plant c) Implementation of roof -top project under the State Government Scheme by person other than the owner of the premises/consumer shall not be able to avail preferential tariff in accordance with RE, Regulations, 2013. However, the tariffs at which electricity is procured by the Distribution Licensee would be regulated by the Commission and will have to be got determined by the Commission. i) Aggrieved by the above findings, the Appellants have filed this Appeal.
(3.) THE main issue raised in this Appeal is the applicability of RE Regulations, 2013 to grid connected roof -top and Small Solar Power Plants established under the Third Party Model.;