- (1.) In exercise of the powers conferred under Sections 61, 66, 86 (1) (e) and 181 of the Electricity Act, 2003 and all other powers enabling it in this behalf, the Commission has notified the MERC (Renewable Purchase obligation, its compliance and Implementation of REC framework) Regulations, 2010 [ hereafter referred as "MERC (RPO -REC) Regulations, 2010"] on June 7, 2010.
(2.) Under the said RPO Regulations, the Commission has specified the Renewable Purchase Obligation (RPO) targets for Obligated Entities, including the Tata Power Co. Ltd ­ Distribution (hereafter TPC -D), for FY 2010 -11 to FY 2015 -16. The RPO targets, as specified in the Regulations, are as given below: Year Minimum Quantum of purchase (in %) from renewable energy sources (in terms of energy equivalent in kWh) Solar Non -Solar (other RE) Total 2010 -11 0.25% 5.75% 6.0% 2011 -12 0.25% 6.75% 7.0% 2012 -13 0.25% 7.75% 8.0% 2013 -14 0.50% 8.50% 9.0% 2014 -15 0.50% 8.50% 9.0% 2015 -16 0.50% 8.50% 9.0% Further, the Distribution Licensee(s) are also mandated to procure 0.1% per year of their Non -Solar (other RE) RPO obligation for the period from FY 2010 -11 to FY 2012 -13 and up to 0.2% of their Non -Solar (other RE) RPO obligation for the period from FY 2013 -14 to FY 2015 -16 by way of purchase from Mini Hydro or Micro Hydro power project.
(3.) Regulation 12 of MERC (RPO -REC) Regulations, 2010 empowers the Commission to deal with shortfall in compliance of RPO target by Obligated Entities in manner outlined under said Regulations upon ascertaining such shortfall. The relevant extract is reproduced below: "12. RPO Regulatory Charges 12.1 If the Obligated Entity fails to comply with the RPO target as provided in these Regulations during any year and fails to purchase the required quantum of RECs, the State Commission may direct the Obligated Entity to deposit into a separate fund, to be created and maintained by such Obligated Entity, such amount as the Commission may determine on the basis of the shortfall in units of RPO, RPO Regulatory Charges and the Forbearance Price decided by the Central Commission; separately in respect of solar and non -solar RPO: Provided that RPO Regulatory Charges shall be equivalent to the highest applicable preferential tariff during the year for solar or non -solar RE generating sources, as the case may be, or any other rate as may be stipulated by the State Commission: Provided further that the fund so created shall be utilised, as may be directed by the State Commission." (Emphasis added). ;