IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL NO. 281 OF 2022 & IA NO. 586 OF 2022 AND DFR NO. 139 OF 2022 & IA NO. 572 OF 2022 Dated: 30.05.2023 Present: Hon’ble Mr. Justice Ramesh Ranganadhan, Chairperson Hon’ble Mr. Sandesh Kumar Sharma, Technical Member APPEAL NO. 281 OF 2022 & IA NO. 586 OF 2022 IN THE MATTER OF:

SOUTHERN POWER DISTRIBUTION COMPANY OF TELANGANA LIMITED Through Chairman and Managing Director, Corporate Office: # 6-1-50, Mint Compound, Hyderabad, Telangana State – 500063. ..... Appellant Vs.

1. TELANGANA STATE ELECTRICITY REGULATORY COMMISSION Through The Secretary, 5^th Floor, Singareni Bhavan, Red Hills, Hyderabad – 500004.

2. M/S. TEJAS INDIA SOLAR ENERGY PRIVATE LIMITED Through its Authorised Representative, 2^nd Floor, Surya Towers, Sardar Patel Road, Secunderabad – 500033.

3. TRANSMISSION CORPORATION OF TELANGANA LIMITED (TSTRANSCO)

Through Chairman and Managing Director, Vidyut Soudha, Khairatabad, Hyderabad, Telangana State – 500082. .....Respondent(s)

Counsel for the Appellant(s) : Mr. D. Abhinav Rao Mr. Rahul Jajoo Mr. Harsh Khirwal Counsel for the Respondent(s) : Mr. Somandri Goud Katam Mr. Sirajuddin for R-1 Ms. Bhabna Das Mr. Krishna Dev Jagarlamudi Mr. N. Sai Kaushal Mr. Sirajuddin for R-2 DFR NO. 139 OF 2022 & IA NO. 572 OF 2022 IN THE MATTER OF

1. SOUTHERN POWER DISTRIBUTION COMPANY OF TELANGANA LIMITED, Through: The Chairman & Managing Director, Corporate Office, 6-1-50, Mint Compound, Hyderabad, Telangana-500063

2. CHIEF GENERAL MANAGER (IPC & RAC), TSSPDCL H. No. 6-,1-50, 5th Floor, Mint Compound, Hyderabad-500063. .... Appellant(s)

Vs.

1. M/S. BVM ENERGY AND RESIDENCY PRIVATE LIMITED Rep. by its Project Manager, M.A. Khader

15th Floor, Kapil Towers, Financial District, Nanakramguda, Gachibowli, Hyderabad- 500032

2. TELANGANA STATE ELECTRICITY REGULATORY COMMISSION Through Secretary

5^th Floor, Singareni Bhavan Red Hills, Lakdi-ka-pul Hyderabad-500 004

3. TRANSMISSION CORPORATION OF TELANGANA LIMITED Represented by its Chief Engineer (Comml., & RAC)

Vidyut Soudha, Khairatabad, Hyderabad- 500082 Telangana State. ... Respondent(s)

Counsel for the Appellant(s) : Mr. D. Abhinav Rao Mr. Rijuk Sarkar Mr. Rahul Jajoo Counsel for the Respondent(s) : Mr. Challa Gunaranjan Mr. Hitendra Nath Rath Mr. M. Sridhar Mr. Deepak Chowdhary Mr. Abhineet Arvind Mr. K. Pramod Kumar Mr. S. Vallinayagam for R-1 Ms. Somandri Goud Katam Mr. Wedo Khalo for R-2

J U D G M E N T

PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER

1. The captioned appeals being DFR No. 139 of 2022 and Appeal No. 281 of 2022 have been filed by M/s. Southern Power Distribution Company of Telangana Limited (hereinafter referred as “Appellant”) being aggrieved by the decision of the Telangana State Electricity Regulatory Commission (in short “TSERC” or “State Commission”) directing the Appellant to facilitate synchronization of the generating stations owned by the Solar Power Plant developers, the Respondents in the two captioned appeals.

2. The Appellants challenges the impugned orders dated 12.11.2021 and 09.02.2022 passed by the State Commission in Original Petition No. 2 of 2020 filed by M/s. Tejas India Solar Private Limited (in short “TISPL”) and Original Petition No. 37 of 2021 filed by M/s. BVM Energy & Residency Private Limited (in short “BERPL”) respectively, wherein, the Appellant was directed to synchronise the projects of the developers within 30 days and to grant open- access in accordance with Terms and Conditions of Open Access Regulations, 2005 ("LTOA Regulations").

PARTIES

3. The Appellant No. 1, the common Appellant in the two captioned appeals, is a Government Company engaged in the business of Distribution of Electricity in the State of Telangana and is the only Appellant in the first captioned appeal and the Appellant No. 2 in the second captioned appeal is the officer of the Appellant No. 1 entrusted with the responsibility inter-alia to take necessary action in compliance with the directions issued.

4. The Tela