- (1.) Leave granted.
(2.) These appeals by way of Special Leave are filed seeking to assail the order dated 31.08.2012, passed by the High Court of Rajasthan at Jaipur, in D.B. Civil Writ Petition No. 10911 of 2012 and batch matters, whereby, the High Court has upheld the validity of the Rajasthan Electricity Regulatory Commission (Renewable Energy Obligation) Regulations, 2007 and Rajasthan Electricity Regulatory Commission (Renewable Energy Certificate and Renewable Purchase Obligation Compliance Framework) Regulations, 2010, directing the Appellants to purchase minimum energy from renewable sources and comply with their liability under the said Regulations.
(3.) Brief facts which led to the filing of these cases are as under: The Appellants in this group of appeals are companies engaged in the business of production, manufacturing, selling non-ferrous metals, zinc and their by-products. They have established their own captive generation power plants in terms of the Electricity Act, 2003 (for brevity 'Act of 2003'). The Rajasthan Electricity Regulatory Commission (for brevity 'RERC') in exercise of its power Under Sections 61, 66, 86(1)(e) and 181 of the Act of 2003, vide Notifications dated 23.3.2007 and 23.12.2010, framed RERC (Renewable Energy Obligation) Regulations, 2007 (for brevity "the Regulations of 2007") and RERC (Renewable Energy Certificate and Renewable Purchase Obligation Compliance Framework) Regulations, 2010 (for brevity "the Regulations of 2010"), respectively. The impugned Regulations imposed Renewable Energy obligation (RE obligation) on the Captive Gencos and other obligated entities including the Appellants herein, who are Captive Gencos and open access consumers, to purchase minimum energy from renewable sources and to pay surcharge in case of shortfall in meeting the RE obligation.;