Case Law
Subject : Energy Law - Renewable Energy Tariff
New Delhi, March 30, 2025
– The Central Electricity Regulatory Commission (CERC) has issued a final order resolving a tariff dispute concerning the 92 MW Floating Solar Photovoltaic Plant at Rajiv Gandhi Combined Cycle Power Project (RGCCP),
The dispute arose from two petitions: Petition No. 357/MP/2023 filed by
KSEBL
seeking review of the provisional tariff and Petition No. 66/GT/2024 filed by
KSEBL ’s Stance:
Tariff Review: KSEBL requested a review of the provisional tariff, arguing for a lower final tariff than initially proposed.
Road Construction Cost: A major point of contention was the inclusion of ₹50.77 crore for a motorable road, which KSEBL argued was unnecessary as the plant was commissioned without it and alternative access via boats was available. KSEBL contested this cost, stating it shouldn't be part of the final tariff.
Operational Costs:
KSEBL
questioned
Equity Infusion:
KSEBL
argued that
Final Tariff Approval:
Delay Justification:
Road Necessity:
While acknowledging the road wasn't yet built,
Module Degradation:
Higher O&M Costs:
The CERC, after considering arguments from both sides and provisions of the CERC (Terms and Conditions for Tariff determination from Renewable Energy Sources) Regulation 2020 , delivered its verdict, addressing each key aspect:
Capital Cost: CERC approved a capital cost of ₹457.19 Crore for the 92 MW project, based on audited balance sheets, but disallowed the ₹50.77 Crore road construction cost as it was not yet executed and deemed non-essential for current operations.
Debt-Equity Ratio:
The Commission adopted a 70:30 debt-equity ratio, aligning with regulatory norms and actual project financing details presented by
Return on Equity (RoE) and Interest on Loan: CERC applied normative RoE and interest rates as per regulations, factoring in applicable tax rates and prevailing SBI MCLR.
Depreciation: Standard depreciation rates of 4.67% for the first 15 years and the remainder over the project's useful life were approved.
Capacity Utilisation Factor (CUF): A CUF of 26.73% for the entire 92 MW project was approved, based on contractor guarantees, PPA terms, and recent generation data.
Operation & Maintenance (O&M) Expenses:
While
Auxiliary Consumption: Normative auxiliary consumption of 0.75% was allowed, aligning with regulatory limits for floating solar projects.
Module Degradation and
Based on its analysis, the CERC determined a
levelized tariff of ₹2.68/kWh
for the 92 MW
The order provides clarity on tariff determination for floating solar projects under the existing regulatory framework, emphasizing adherence to CERC regulations while considering project-specific aspects. The decision also underscores the importance of justifying capital expenditure and operational cost claims with robust evidence and alignment with prevailing market trends.
#RenewableEnergyLaw #TariffDetermination #EnergyRegulation #CentralElectricityRegulatoryCommission
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