JUDGEMENT
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(1.) Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) has filed a
Petition before the Commission on 7 August, 2013 regarding compliance of its
Renewable Purchase Obligation (RPO) for the FY 2012 -13 under Regulations 5, 7
and 18 of the MERC (Renewable Purchase Obligations, its Compliance and
Implementation of REC Framework) Regulations, 2010, and Section 86 (1) (e) of
the Electricity Act, 2003.
(2.) MSEDCL's prayers are as follows:
"i) The RE [Renewable Energy]being infirm in nature, the RPO target may be considered as per the actual contracted RE capacity and not as per the actual units injected. ii) The surplus units while meeting the Non - solar RPO target for FY 2010 -11 and FY 2011 -12 of MSEDCL may be allowed to be considered and adjusted in meeting shortfall of the non -solar RPO Mus for FY 2012 -13. iii) The remaining shortfall be waived in the interest of the common consumers. iv) If MSEDCL is required to procure RECs for fulfilling the RPO target, it will lead to financial burden on common consumers of MSEDCL. Thus, MSEDCL may not be compelled to procure RECs. v) MSEDCL has contracted more than sufficient quantum of RE power so as to meet the RPO target on the basis of CUF decided by MEDA and approved by MERC. In case, if penalty is levied for non compliance of RPO, the same may be recovered from the RE generators by MERC. vi) The Solar Power procured at APPC rate, as a promotional activity may be allowed to be considered for meeting the solar RPO target of MSEDCL. vii) Pass any other Order as may be deemed fit in the interest of justice and in the interest of promoting Non Conventional Energy Sources, at the same time, protecting MSEDCL's commercial interest and to save common consumers of MSEDCL from financial burden. viii) To condone any error/omission and to give opportunity to rectify the same. ix) To permit MSEDCL to make further submissions, addition and alteration to this Petition as may be necessary from time to time."
(3.) The Commission permitted the Green Energy Association and the Wind Independent Power Producers Association to join the proceedings as Intervenors.
Further written submissions were filed by MSEDCL, the Intervenors, the
Maharashtra Energy Development Agency (MEDA) and the Prayas Energy Group
(as Authorised Consumer Representative). Hearings were held on 19 November,
2013, 4 February and 1 July, 2014.;
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