- (1.) M/s. Yashwant Sahakari Glucose Karkhana Ltd., M/s Shri Tradco Deesan Pvt. Ltd. and M/s. Honest Derivatives Pvt. Ltd. filed a Petition before the Commission on 5 June, 2013, seeking grid connectivity of their Captive Power Generation Plants (CPPs) and authentication of generated units by Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) for obtaining Renewable Energy Certificate (REC) benefits.
(2.) Prayers of the Petitioners are as follows: " i) The Respondent be directed to grant Grid connectivity and be further directed to carry out joint meter reading and to authenticate the same regularly as per REC requirements. ii) All other just and equitable reliefs be granted to the Petitioner for the effective adjudication of this Case."
(3.) The facts of the Case as stated in the Petition as follows: 3.1 The Petitioners are engaged in the manufacture of starch and glucose in Sangli, Dhule and Jalgaon Districts respectively. The Petitioners have set up 1.063 MW biogas -based CPPs at their factory site. Erection of Petitioner No.1's plant is completed and generation has started since 10 April, 2013. Erection of Petitioner No. 2's plant is yet to be completed, and Petitioner No.3's plant is completed and generation has started since 15 March, 2013. 3.2 The Petitioners have obtained HT electricity connection from MSEDCL. They intend to have their projects registered under the REC mechanism. However, unless their CPPs are connected to the Licensee's grid, they cannot be accredited and registered under the REC mechanism. There are no guidelines on Joint Meter Reading (JMR) for claiming the RECs from electricity generated by CPPs. 3.3 Petitioner No.1 contacted the concerned office of MSEDCL and requested it to grant the grid connectivity, and also to cooperate for taking JMR and authenticate it to make the project eligible under REC mechanism. However, vide letter dated 18 March, 2013, MSEDCL informed Petitioner No.1 to submit the accreditation certificate and registration certificate for REC mechanism. Moreover, MSEDCL mentioned that LT supply sides of the Petitioner's transformers are not under MSEDCL's jurisdiction. 3.4 The Petitioners contend that MSEDCL has overlooked the legal mandate laid down by Electricity Act (EA), 2003 for taking measures conducive to development of the electricity industry. They have referred to Section 86(e) of EA, 2003, Clause 5.2.20 of the National Electricity Policy, 2005, Clause 6.3 and 6.4 of the Tariff Policy and Government of Maharashtra's Policy to promote renewable energy sources. Over the last 15 -20 years, the State Government has MERC Order in Case No. 77 of 2013 Page 2 of 13 made efforts to promote renewable energy by encouraging private sector investment. However, on the other hand MSEDCL is discouraging private generation by one means or another. 3.5 The Petitioners have set up the biogas generation plants for their own use and do not intend to carry out any business which will compete with MSEDCL. A statutory duty has been cast upon the Commission under Section 86(e) to promote generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid. The following provisions of law are also applicable to the present Petition: a. Preamble of EA, 2003 b. Sections 9, 86(c), 86(e) c. Regulations Nos. 92 to 94 of the MERC (Conduct of Business) Regulations, 2004. ;