Petition No. 211/MP/2012. Case: Simran Wind Projects Private Limited Vs National Load Despatch Centre. Central Electricity Regulatory Commission
| Case Number | Petition No. 211/MP/2012 |
| Counsel | For Appellant: Shri M.G. Ramchandran and Anand K. Ganesan, Advocates and Shri Niraj Gulati and For Respondents: Miss Minaxi Garg |
| Judges | Pramod Deo, Chairperson, S. Jayaraman, V.S. Verma and M. Deena Dayalan, Members |
| Issue | Electricity Law |
| Judgement Date | May 07, 2013 |
| Court | Central Electricity Regulatory Commission |
Order:
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The petitioners, M/s. Simran Wind Projects Private Limited, M/s. Paharpur Cooling Towers Private Limited and M/s. Green Infra Power Projects Limited are engaged in the business of generation and supply of electricity from the renewable energy sources, namely wind energy. The details of generation and supply of electricity by the petitioners are as under:
(a) The petitioner No. 1, M/s. Simran Wind Projects Private Limited has an installed capacity of 50.45 MW of wind generation in Tamil Nadu and Karnataka till 2009-10 and the said generation is tied up for supply to the distribution companies under preferential tariff. During the period March 2011 to February 2012, the petitioner has commissioned 111.90 MW in Tamil Nadu for supply of electricity to the distribution licensee in the State at the pooled power purchase cost.
(b) The petitioner No. 2, M/s. Paharpur Cooling Towers Private Limited, has an installed capacity of 30.40 MW of wind generation in Tamil Nadu and Maharashtra till 2009-10 and the said generation is tied up for supply to the distribution companies under preferential tariff. During the period March 2011 to December 2011, the petitioner has commissioned 33.50 MW in Tamil Nadu, Gujarat and Rajasthan for supply of electricity to the distribution licensee in the Tamil Nadu at the pooled power purchase cost.
(c) The petitioner No. 3, M/s. Green Infra Wind Power Projects Limited has installed a capacity of 24 MW of wind generation in Tamil Nadu during May 2012 and the said generation is being supplied to a group of captive generators.
According to the petitioner, the capacities of in the present petition have made the following prayers, namely-
i. Clarify and hold that the Petitioners are entitled to the RECs from the date of commissioning and generation of electricity from the renewable energy units,
ii. Direct the Respondent to issue the RECs to the Petitioners for the electricity generated and injected in the grid from the date of commissioning of respective WTGs or date of application, wherever application for registration has been made after the commissioning of WTGs, to the date of registration and. inter alia, also certification of Energy injection Report by the concerned SLDC/State Agency,
iii. Direct the respondent to give 3 months time to the petitioners for getting Energy Injection Report certified by the concerned SLDC and submission thereof to the Respondent for issuance of certified RECs,
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This Commission has specified the Central Electricity Regulatory Commission (Terms and Conditions for recognition and issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010 (hereafter "the REC Regulations"), for the development of market in power from non-conventional energy sources by issuance of transferable and saleable credit certificates, called the Renewable Energy Certificates (hereafter "the RECs"). The petitioners have installed and commissioned Wind Turbine Generators (WTGs) in different States in the country which fall under the category of renewable energy. The first and second petitioners are supplying electricity generated to the distribution companies in the State Tamil Nadu at the pooled power purchase cost and the third petitioner is injecting its entire generation into the grid for supply to a group of captive consumers within the State of Tamil Nadu. As the petitioners intended to avail of the facility of RECs, they sought and were granted accreditation by the State Agencies. The petitioners have also registered themselves with the Central Agency for issuance of RECs after obtaining accreditation from the State Agency.
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The petitioners have submitted that while issuing the Registration Certificates, the Central Agency has indicated the date of registration by inserting the words "with effect from...." therein, which, according to the petitioners mean they would be entitled to receive the RECs in respect of generation of electricity from or after the date of registration. The petitioners have alleged that the respondent has not issued the RECs for the electricity generated from the date of commissioning of the generating units up to the date of registration with the Central Agency. Accordingly, the first petitioner made a representation dated 21.2.2012 pointing out that there is no provision in the REC Regulations or the Detailed Procedure approved by this Commission to issue RECs from the date of registration with the Central Agency, particularly so when the generating company can seek registration even after commissioning of renewable energy source unit. In its representation to the respondent, the first petitioner claimed that it was entitled to receive RECs from the date of commissioning of its WTGs. The petitioners have stated that the first petitioner did not receive any reply to...
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