IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction) APPEAL No. 85 of 2018 Dated: 29.01.2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member IN THE MATTER OF:

Indian Wind Power Association (IWPA)

Through its Vice President

513-514, 5^th Floor, World Trade Centre, Barakhamba Road, New Delhi – 110001. …..Appellant Vs.

1. Rajasthan Electricity Regulatory Commission, Vidhyut Viniyamak Bhawan, Shahakar Marg, Near State Motor Garage, Jaipur, Through its Secretary.

2. Jaipur Vidyut Vitran Nigam Ltd.

Through its Managing Director, Vidyut Bhawan, Janpath, Jaipur – 302 005.

3. Ajmer Vidyut Vitran Nigam Ltd.

Through its Managing Director Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer – 305004.

4. Jodhpur Vidyut Vitran Nigam Ltd.

Through its Managing Director, Near Power House, Industrial Area, Jodhpur – 342003.

5. Rajasthan Renewable Energy Corporation Ltd.

Through its Chairman, E-166, Yudhisthir Marg, C-Scheme, Jaipur – 302005. ...Respondent(s)

Counsel for the Appellant(s) : Mr. Vishal Gupta Mr. Kumar Mihir Counsel for the Respondent(s) : Mr. Raj Kumar Mehta for R-1 Ms. Ranjitha Ramachandran Ms. Poorva Saigal Ms. Anushree Bardhan Mr. Shubham Arya Mr. Arvind Kumar Dubey for R-2,3&4

ORDER

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

1. M/s. Indian Wind Power Association has filed the captioned appeal challenging the Order dated 14.11.2017 in Petition No. RERC- 867 /2016 passed by the Rajasthan Electricity Regulatory Commission whereby the State Commission has effectively waived the shortfall in the Renewable Purchase Obligation (RPO) of the distribution licensees of the State of Rajasthan inter-alia allowed the Distribution Licensees in the State to make up the shortfall in RPO in the Next five years.

2. During the hearing, the 2^nd Respondent was directed to submit their compliance report in respect of the compliance of RPO. The relevant extract of the affidavit is reproduced as under:

“ ADDITIONAL AFFIDAVIT ON BEHALF OF THE RAJASTHAN DISCOMS -

RESPONDENT NO. 2, 3 AND 4 IN COMPLIANCE OF ORDER DATED 04.09.2024 PASSED BY THIS HON’BLE TRIBUNAL I say that I Alok Kumar Pareek, Son of Late Sh. Shankar Lal Pareek aged 50 years, working as Executive Engineer (RA-I), in Rajasthan Urja Vikas and IT Services Limited, having its registered office at 132 KV GIS, Calgeri Road, Malviya Nagar, Jaipur, do hereby solemnly affirm and state as under:

1. I say that I am the Officer in Charge, of Respondent No. 2, 3 and 4 in the above matter and am duly authorized to make this affidavit.

2. I say that in terms of the Order dated 04.09.2024 passed by this Hon’ble Tribunal, the data in relation to the Renewable Purchase Obligations (‘RPO’) compliance is as under:-

3. I say that Rajasthan Electricity Regulatory Commission (the ‘State Commission’) vide Order dated 14.11.2017 passed in Petition No. RERC/867/16 directed the Respondent No. 2, 3 and 4 (‘Rajasthan Discoms’) to make up the shortfall in the next five years by procuring renewable energy. The operative part of the Order dated 14.11.2017, inter-alia, read as under:

"15. Considering the submissions of Discoms that they have made every effort to comply with RPO and have signed several PPAS under which requisite quantity of electricity could have been obtained for compliance of RPO. Commission overall find that there is compliance of RPO. Accordingly. Commission hold that there is no case made cut to intiate action or impose penalty under Section 142 of the Act on the Discoms.

16. Commission has observed that even though adequate quantum of PPAS were signed by Discoms in the past, the generation in terms of energy was not to the expected level and consequently there is shortage in RPO in terms of energy. Therefore, Commission advise the Respondent Discoms to assess the energy requirement for comp