IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APL No. 908 OF 2023 & IA Nos. 1198 & 751 OF 2024 Dated: 10.02.2025 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Smt. Seema Gupta, Technical Member (Electricity)

In the matter of:

INDIA POWER CORPORATION LIMITED Through its Whole Time Director Plot No. XI-2 & 3, Block-EP, Sector-V, Salt Lake City, Kolkata – 700 091 … Appellant No.1 VERSUS

1. WEST BENGAL ELECTRICITY REGULATORY COMMISSION Through its Secretary Plot No. AH/5 (2^nd & 4^th Floor,)

Premises No.: MAR16-1111, Action Area-1A, Newtown, Rajarhat, Kolkata-700 163 …Respondent No.1

2. WEST BENGAL STATE ELECTRICITY TRANSMISSION COMPANY LIMITED Through its Managing Director (mdwbsetcl@gmail.com)

Vidyut Bhawan, (8^th Floor ‘A’), Block-DJ, Sector-II, Bidhannagar, Kolkata- 700 091 …Respondent No.2 Counsel on record for the Appellant(s) : Amit Kapur Akshat Jain Akanksha Tanvi Abhimanyu Maheshwari Shefali Tripathi Aditya H. Dubey Soumya Singh Avdesh Mandloi Shikhar Verma Sagnik Maitra for App. 1 Counsel on record for the Respondent(s) : C.K. Rai for Res. 1 Shweta Sharma Diggaj Pathak for Res. 2

JUDGMENT

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

1. The instant Appeal is preferred by the Appellant - India Power Corporation Ltd. challenging the Order dated 23.03.2023 (“Impugned Order”) passed by the West Bengal Electricity Regulatory Commission (“WBERC/Respondent No. 1/State Commission”) in Case No. OA- 440/22-23, whereby the State Commission whilst including wind-solar hybrid power source under the ambit of Regulation 18.2.1(h) of the West Bengal Electricity Regulatory Commission (Open Access) Regulations, 2022 (“WBERC OA Regulations”), has introduced a condition that if the annual combined Capacity Utilization Factor (“CUF”) of the Project exceeds 30%, the concessional transmission charges, levied at the rate of 1/4^th of the normal long term transmission charges, will not be applicable and full/normal transmission charges will have to be paid.

The facts in nutshell are as given below:

2. The Appellant, i.e., India Power Corporation Limited (“IPCL”), formerly known as Disergarh Power Supply Corporation Limited, is a deemed distribution licensee, in terms of Section 14 of the Electricity Act and supplying power in the State of West Bengal.

3. The Respondent No. 1 is the West Bengal Electricity Regulatory Commission (“WBERC/State Commission”). The Respondent No. 2, West Bengal State Electricity Transmission Company Limited (“WBSETCL”), is a deemed transmission licensee under the fifth proviso of Section 14 of the Electricity Act and also functions as a State Transmission Utility and State Load Dispatch Centre in the State of West Bengal.

4. On 14.05.2018, Ministry of New and Renewable Energy (“MNRE”) issued the National Wind-Solar Hybrid Policy (amended on 13.08.2018) (“Hybrid Policy 2018”) to encourage setting up of new wind-solar hybrid plants as well as for hybridization of existing wind and solar power plants in order to minimize the variability in generation of power. In furtherance of the Hybrid Policy 2018, on 25.05.2018, MNRE issued Guidelines for transparent bidding process for Implementation of Scheme for Setting up of 2500 MW ISTS connected Wind-Solar Hybrid Power Projects (“MNRE Guidelines 2018”). As per the MNRE Guidelines 2018, SECI was designated as the nodal agency for implementation of the scheme.

5. On 08.03.2019, SECI issued a Request for Selection Document (“RfS”) for setting up of 1200 MW ISTS connected wind-solar hybrid power projects (Tranche-II) on Build Own Operate basis (“BOO”), according to which, SECI will enter into a Power Purchase Agreement with the successful bidder and Power Sale Agreement with the interested buying entity.

6. Thereafter, on 18.06.2019, SECI issued Letters of Award (“LoAs”) to Adani Renewable Energy Park (Gujarat) Limited (“AREPGL”) for projects of 300 MW each, totaling to a cumulative capacity of 600 MW, at the tariff of Rs. 2.69/- per kWh. Fro