IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APL No. 328 OF 2024 & IA No. 1174 OF 2024 & IA No. 1851 OF

2024 & IA No. 1852 OF 2024 Dated: 19.12.2024 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Smt. Seema Gupta, Technical Member (Electricity)

In the matter of:

1. SEI Sunshine Power Pvt. Ltd.

(Through its Executive Director)

Plot No. 13, sy.no. 64 Part, Block-D, Second Floor, Hitech City Layout, Madhapur Village, Hyderabad – 500 081 … Appellant No.1

2. SEI Ravikiran Energy Pvt. Ltd.

(Through its Executive Director)

Plot no.13, sy.no, 64 Part, Block-D, Second Floor, Hitech City Layout, Madhapur Village, Hyderabad – 500 081 … Appellant No.2

3. SEI Jyotiswaroop Power Pvt. Ltd.

(Through its Executive Director)

Plot no. 13, sy.no. 64 Part, Block-D, Second Floor, Hitech City Layout, Madhapur village, Hyderabad 500081 … Appellant No.3

4. SEI Renewable Energy Power Pvt. Ltd.

(Through its Executive Director)

Plot no. 13, sy.no. 64 Part, Block-D, Second Floor, Hitech City Layout, Madhapur village, Hyderabad 500081 … Appellant No.4 VERSUS

1. CENTRAL ELECTRICITY REGULATORY COMMISSION Through its Secretary, 6th, 7th & 8th Floors, Tower B, World Trade Centre, Nauroji Nagar, New Delhi- 110029 …Respondent No.1

2. CENTRAL TRANSMISSION UTILITY OF INDIA LIMITED Through its Director, Having its Registered office at Saudamini, Plot No. – 2, Sector – 29 Near IFFCO Chowk Metro Station Gurgaon, Haryana– 122 001 …Respondent No.2

3. GRID CONTROLLER OF INDIA LIMITED Through its Chairman & Managing Director, Having its Registered office at Saudamini, Plot No. 2, Sector- 29, Gurugram, Haryana- 492001 …Respondent No.3

4. WESTERN REGIONAL LOAD DESPATCH CENTRE Through its Executive Director Having its Registered office at F-3, M.I.D.C. Area, Marol Andheri (East), Mumbai-400093 …Respondent No.4

5. POWER GRID CORPORATION OF INDIA LIMITED Through its Director, B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi-110016 …Respondent No.5 Counsel on record for the Appellant(s) : Hemant Singh Biju Mattam Sourav Roy Lakshyajit Singh Bagdwal Supriya Rastogi Agarwal Ankita Bafna Nehul Sharma Chetan Kumar Garg Robin Kumar Harshit Singh Lavanya Panwar Alchi Thapliyal Sanjeev Singh Thakur for App. 1 Hemant Singh Biju Mattam Sourav Roy Lakshyajit Singh Bagdwal Supriya Rastogi Agarwal Ankita Bafna Nehul Sharma Chetan Kumar Garg Robin Kumar Harshit Singh Lavanya Panwar Alchi Thapliyal Sanjeev Singh Thakur for App. 2 Hemant Singh Biju Mattam Sourav Roy Lakshyajit Singh Bagdwal Supriya Rastogi Agarwal Ankita Bafna Nehul Sharma Chetan Kumar Garg Robin Kumar Harshit Singh Lavanya Panwar Alchi Thapliyal Sanjeev Singh Thakur for App. 3 Hemant Singh Biju Mattam Sourav Roy Lakshyajit Singh Bagdwal Supriya Rastogi Agarwal Ankita Bafna Nehul Sharma Chetan Kumar Garg Robin Kumar Harshit Singh Lavanya Panwar Alchi Thapliyal Sanjeev Singh Thakur for App. 4 Counsel on record for the : for Res. 1 Respondent(s)

Suparna Srivastava for Res. 2

JUDGMENT

PER HON’BLE SMT. SEEMA GUPTA, TECHNICAL MEMBER (ELECTRICITY)

1. The present Appeal is filed by the Appellants challenging the order dated 16.05.2024 (“Impugned Order”) passed by the Central Electricity Regulatory Commission (“CERC/ Central Commission”) in Petition No. 68/MP/2023 along with I.A. No. 18/IA/2023, whereby the Respondent Commission has determined the liability of payment of transmission charges for the period of mismatch between generation project and transmission system upon the Appellant No.1.

The facts in brief are stated here-in-below:

2. Appellant No. 1 is a group company and other group companies, namely, Appellant Nos. 2 to 4 having 3 solar power projects viz., SEI Ravikiran Energy Pvt. Ltd. (“SEI Ravikiran”), SEI Jyotiswaroop Power Pvt. Ltd. (“SEI Jyotiswaroop”) and SEI Renewable Energy Pvt. Ltd. (“SEI Renewable”), located at District, Shivpuri, Madhya Pradesh, having capacity of 30 MW each (“collectively referred to as SEI Sunshine Phase-

II for the purposes of this appeal).

3. The Respondent No. 1 is t