IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No.235 OF 2022 Dated: 29.05.2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

Guttaseema Wind Energy Company Private Limited Through its Authorized Signatory, Plot No. 1366, Road No. 45, Jubilee Hills, Hyderabad – 500 033 Email id- rakesh.s@greenkogroup.com … Appellant Versus

1. A.P. State Electricity Regulatory Commission Through its Registrar, 11-4-660, 4^th Floor, Singareni Bhavan Red Hills, Hyderabad – 500 004 Email id- dd.law@aperc.in; anjani@aperc.in

2. Southern Power Distribution Company of Andhra Pradesh Limited Through its Chairman & Managing Director # 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati – 517 503 Email id- gmipcspdcl@gmail.com … Respondent (s)

Counsel for the Appellant(s) : Mannat Waraich Mridul Gupta Ashabari Basu Thakur Ananya Goswami Purushottam Choppakatia

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Counsel for the Respondent(s) : Gaichangpou Gangmei Arjun D Singh Nisha Pandey Ankita Sharma Yashvir Kumar Rajat Srivastava Lothungbeni T. Lotha Maitreya Mahaley Yimyanger Longkumer for Res.1 Sidhant Kumar Manyaa Chandok for Res. 2

J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. The Appellant, a generating company owning 80MW wind power project in the State of Andhra Pradesh, is in appeal before us against the order dated 25.04.2022 passed by the 1^st respondent Andhra Pradesh State Electricity Regulatory Commission (hereinafter referred to as “the Commission”) in the appellant’s petition no.48 of 2020, thereby upholding the termination of the Power Purchase Agreement (PPA) dated 09.05.2016 executed between the appellant and 2^nd respondent to the extent of 60 MW of power in view of Article

9 read with Article 1.4 of the PPA.

2. The 2^nd respondent Southern Power Distribution Company of Andhra Pradesh Limited is a distribution licensee in terms of Section 2(17) of the

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Electricity Act, 2003, and is engaged in the distribution and retail supply of power within the southern region in the State of Andhra Pradesh.

3. The narration of facts and circumstances in which the instant appeal has arisen goes as under.

4. As per the new Wind Power Policy of Government of Andhra Pradesh notified through GoM No.48, Energy (RES) Department dated 11.04.2008, the approval for wind energy projects above 20 MW capacity was granted by the Government of Andhra Pradesh with the approval of nodal agency i.e. New and Renewable Energy Development Corporation of Andhra Pradesh Limited (in short “NREDCAP”).

5. The appellant, vide application dated 08.04.2011 submitted its request to NREDCAP for allotment for wind power project with capacity of 80MW. NREDCAP accorded its sanction for setting up and operation of the wind power project with capacity of 80MW to the appellant vide letter dated 07.05.2013. Accordingly, the appellant entered into an Implementation Agreement dated 07.05.2013 with NREDCAP.

6. As per Article 6 of the Implementation Agreement, the appellant was required to enter into a PPA or open access agreement with the Discoms in

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terms of the policy and the order/guidelines of the Government of Andhra Pradesh. The appellant was also required to complete the project within a period of 24 months from the date of the agreement. However, the said time period mentioned in the agreement for completion of the project was extended by NREDCAP from time to time. The project completion date was lastly extended by NREDCAP to 06.05.2020 vide letter dated 11.03.2019 for the balance capacity of 60MW as the first unit with capacity of 20MW had already been completed and commissioned by that time.

7. In terms of the Implementation Agreement, the appellant entered into a PPA with 2^nd respondent on 09.05.2016 whereby the 2^nd respondent agreed to purchase the power generated from the appellant’s wind power project at the rate of Rs.4