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SANJAY KUMAR, SATISH CHANDRA SHARMA
Gujarat Urja Vikas Nigam Limited – Appellant
Versus
Green Infra Corporate Wind Private Limited – Respondent
| Table of Content |
|---|
| 1. guvnl's appeal and procedural history. (Para 1 , 2 , 3 , 4) |
| 2. determination of tariff for wind energy projects. (Para 5 , 10 , 11) |
| 3. implications of accelerated depreciation on tariff determination. (Para 6 , 7) |
| 4. guvnl's obligations as a state instrumentality. (Para 12 , 17 , 20) |
| 5. legal authority of the gerc to review tariff agreements. (Para 13) |
| 6. final judgment dismissing guvnl's appeals. (Para 14 , 19) |
| 7. tariff determination must comply with statutory regulations. (Para 21 , 22 , 24) |
JUDGMENT :
SANJAY KUMAR, J
1. Gujarat Urja Vikas Nigam Limited (GUVNL), the appellant in these four appeals, assails the common judgment dated 28.09.2015 rendered by the Appellate Tribunal for Electricity (APTEL), New Delhi, in Appeal Nos. 198, 199, 200 and 291 of 2014. Thereby, the APTEL confirmed the orders dated 13.06.2014, 11.06.2014, 13.06.2014 and 20.09.2014 passed by the Gujarat Electricity Regulatory Commission (GERC), Gandhi Nagar, in Petition Nos. 1239 of 2012, 1221 of 2012, 1241 of 2012 and 1365 of 2013 filed by Green Infra Corporate Wind Private Limited, New Delhi; Vaayu (India) Power Corporation Private Limited, Daman; Green Infra Wind Power Limited, New Delhi; and Tad
The court affirmed that power producers can determine tariffs based on their depreciation benefit status, rejecting the imposition of rates for those availing accelerated depreciation on entities not....
Regulatory Commissions possess exclusive power to determine tariffs, which must consider Generation Based Incentives to promote renewable energy, reflecting collaborative governance.
The court clarified that Section 63 of the Electricity Act allows local authorities to apply for tariff adoption, rejecting the APTEL's restrictive interpretation.
Point of law: since Merit Order Despatch does not apply to renewable energy, which runs on Must Run Basis, the learned single Judge has not committed any illegality in directing that the respondents ....
Tariff determination for hydro projects with enhanced capacity, binding nature of prior PPAs on successors, and writ jurisdiction limited; exclusive domain of regulatory commission, not courts, to fi....
Tariff modifications in power purchase agreements must comply with regulatory approvals as per Section 86(1)(b) of the Act, ensuring valid determination of electricity purchase prices.
Power purchase agreements must be aligned with regulatory frameworks and cannot be enforced if unapproved, particularly regarding classifications impacting fixed charges.
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