Case: In Re: Determination of Fee and Charges of the Central Electricity Regulatory Commission (Terms and Conditions for Recognition and Issuance of Renewable Energy Certificate for Renewable Energy Generation) Vs. Central Electricity Regulatory Commission

JudgesPramod Deo, Chairperson, S. Jayaraman, V.S. Verma and M Deena Dayalan, Members
IssueElectricity Law
Judgement DateAugust 10, 2010
CourtCentral Electricity Regulatory Commission

Order:

1. In exercise of powers conferred under Sub-section (1) of Section 178 and Section 66 read with Clause (y) of Sub-section (2) of Section 178 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf, and after previous publication, the Central Electricity Regulatory Commission has notified (Terms and Conditions for Recognition and Issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010 (herein after referred to as ''CERC REC Regulations'').

2. The Commission vide Order dated January 29, 2010 has designated National Load Despatch Centre (NLDC) to undertake functions of the Central Agency under the CERC RC Regulations.

3. The CERC REC Regulations envisage functions of the Central Agency as follows: Registration of Eligible Entities, Issuance of Certificates, Maintaining and Settling Accounts in respect of certificates, Repository of Transactions of Certificates and Such other function incidental to the implementation of Renewable Energy Certificate Mechanism as may be assigned by the Commission.

4. Regulation 11 of the CERC REC Regulations empowers the Commission to determine by Order, based on the proposal in this regard from the Central Agency, the fees and charges payable by the Eligible Entities for participation in the scheme for, Registration, Eligibility of Certificates, Issuance of Certificates, and other matters connected therewith.

5. The relevant portion of the Regulation is quoted below:

11. Fees & Charges

(1) The Commission may from time to time, based on the proposal in this regard from the Central Agency, determine, by order, the fees and charges payable by the eligible entities for participation in the scheme for registration, eligibility of certificates, issuance of certificates and other matters connected therewith.

(2)...

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