IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction) APPEAL NO.69 OF 2021 Dated: 21^st December, 2021 Present: Hon’ble Mr. Justice R.K. Gauba, Judicial Member Hon’ble Mr. Sandesh Kumar Sharma, Technical Member In the matter of:

M/s Saurya Urja Company of Rajasthan Limited

701-703, 7^th Floor, Kailash Tower, Lalkothi, Jaipur-302015 Through Senior Vice President .... Appellant Vs.

1. Rajasthan Electricity Regulatory Commission Vidhyut Viniyamak Bhawan, Sahakar Marg, Jaipur, Through Secretary.

2. M/s ACME Jodhpur Solar Power Pvt. Ltd.

Plot No.152, Sector-44, Gurgaon-122 022, Haryana, Through Managing Director.

3. M/s ACME Rewa Solar Power Pvt. Ltd.

Plot No.152, Sector-44, Gurgaon-122 022, Haryana, Through Managing Director

4. Rajasthan Rajya Vidyut Prasaran Nigam Ltd. (RVPN)

Vidyut Bhawan, Janpath, Near Vidhan Sabha, Jaipur-302 204.

Through Managing Director .... Respondent(s)

Counsel for the Appellant (s) : Mr. Arijit Maitra Counsel for the Respondent(s) : Mr. P.N. Bhandari Mr. ParamhansSahani for R-2 & R-3 Mr. Anish Maheshwari Mr. Yunus Malik Mr. Samir Malik for R-4

J U D G M E N T

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

1. The present Appeal has been filed by the Appellant M/s Saurya Urja Company of Rajasthan Limited (“Appellant”) against the impugned order dated 8.12.2020 passed by the Rajasthan Electricity Regulatory Commission (“RERC” or “State Commission”) in Petition No. RERC 1783/2020 (“Petition”). The Petition was filed by the 2^nd & 3^rd Respondents (the Solar Project Developers (SPD)) before the State Commission under Section 86 (1) (c), (k) and (e) of the Electricity Act, 2003 (“Act”) seeking directions upon the Appellant Solar Power Park Developer (SPPD) for facilitating smooth generation of solar energy without undue impediments.

2. The Appellant being aggrieved by the impugned order claiming that the Respondent Commission passed the order without having jurisdiction in the matter filed the present Appeal. The Appellant submitted that a dispute between a Generating Company and a SPPD could not have been adjudicated upon by the State Commission under the provisions of section 86(1)(f) of the Act.

3. Description of Parties:-

3.1 The Appellant is a Joint Venture Company between the State Government of Rajasthan and M/s IL&FS Energy Development Company Limited incorporated with the objective to plan, develop and operate Solar Parks in the State of Rajasthan under the Guidelines issued by Government of India, Ministry of New & Renewable Energy.

3.2 1^stRespondent is the Rajasthan Electricity Regulatory Commission RERC established on 2nd January, 2000 under the RERC Act, 1998 and has passed the impugned order. The said RERC Act provides that the Commission shall determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, within the State.

3.3 2^nd& 3^rdRespondents are ACME Jodhpur Solar Power Private Limited&

ACME Rewa Solar Power Private Limited respectively ,engaged in the business of developing and managing Renewable Energy Projects. The two companies specialize in the development, financing, and construction of solar photovoltaic power stations.

3.4 Rajasthan Rajya Vidyut Prasaran Nigam Limited (RVPN), the 4^th Respondent is a company registered under the Companies Act, 1956 and has been engaged in discharging Wheeling and Transmission of Electricity.

4. Reasons for filing the Appeal:-

4.1 The Appellant has filed the Appeal challenging the impugned order on the following issues:

4.1.1 Whether the State Commission has the powers vested with under Section 86 of the Electricity Act, 2003 to adjudicate disputes between a Generating Company and a Solar Power Park Developer?

4.1.2 Whether the SPPD and the SPD are bound to comply with the terms & conditions of the Implementation and Support Agreement executed between the them?

4.1.3 Whether the SPPD has powers to direct the Generators to maintain grid discipline within its Electrical Grid of the Solar Park in case the output