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2025 Supreme(Online)(CERC) 67
CENTRAL ELECTRICITY REGULATORY COMMISSION
Shri Jishnu Barua, CJ, Shri Ramesh Babu. V, J, Shri Harish Dudani, J, Shri Ravinder Singh Dhillon, J
Petition under Section 79(1)(k) of the Electricity Act 2003 read with Regulation 13 of Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations 2022 and Regulation 19(2) & 19(3) of Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations 2023 seeking permission for injection of infirm power beyond 31.3.2025 in case of Parbati–II Hydroelectric Project (800MW). NHPC Limited
394/MP/2025
The Commission may extend the period for injecting infirm power beyond stipulated dates if justified by circumstances beyond the control of the generating entity.
Headnote:(A) Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 - Regulation 13 - Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023 - Regulations 19(2) & 19(3) - Petition for extension of time for injection of infirm power beyond 31.3.2025 for Parbati-II Hydroelectric Project due to delays caused by various factors including natural calamities and COVID-19 pandemic - The Commission allowed the injection of infirm power for commissioning tests beyond the stipulated date. (Paras 1, 11)
(B) Regulatory Framework - The Commission has the authority to extend the period for inter-change of power beyond stipulated periods under certain conditions. (Paras 9, 10)
Facts of the case:
The Petitioner is constructing the Parbati-II Hydroelectric Project, which has faced significant delays due to various unforeseen circumstances, and is seeking permission to inject infirm power beyond the scheduled completion date of 31.3.2025.
Findings of Court:
The Commission allowed the injection of infirm power for commissioning tests beyond 31.3.2025, directing the Petitioner to complete the project by 30.4.2025 or actual COD of individual units.
Issues: The main issue was whether the Petitioner could be permitted to inject infirm power beyond the scheduled date due to delays beyond its control.
Ratio Decidendi: The court found that the Petitioner had made all reasonable efforts to complete the project on time but faced unavoidable delays, justifying the extension for injecting infirm power.
Result: Petition No. 394/MP/2025 is disposed of.
ORDER
This Petition has been filed by the Petitioner, NHPC Limited (hereinafter referred to as ‘the Petitioner’), seeking permission from the Commission for injection of infirm power beyond 31.3.2025 in case of Parbati–II Hydroelectric Project (800MW) in the State of Himachal Pradesh in terms of Regulation 13 of the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 (hereinafter referred to as ‘the GNA Regulations’) and Regulation 19(2) & 19(3) of the Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023 (hereinafter referred to as ‘the Grid Code’). The Petitioner has made the following prayers:
“(1) Allow extension of time for injection of infirm power from all the units of Parbati-II HE Project which are not declared under Commercial Operation by 0000 hours of 01.04.2025 beyond 31.03.2025 and upto 30.04.2025 or actual COD of individual units, whichever earlier, as per provisions of Regulation 13 of Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 and Regulation 19(2) & 19(3) of Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023.
(2) Pass such further order or orders as may be deemed fit and proper in the facts and circumstances of the case”.
2. The Petitioner has submitted that the Petitioner company is constructing the 800MW (4x200MW) Parbati-II Hydroelectric Project in the State of Himachal Pradesh (hereinafter referred to as ‘the Project’) so as to harness the hydro potential of the lower reaches of the river Parbati with expected annual generation of 3124.60 MUs.
As per the CCEA sanction accorded by the Ministry of Power, Govt of India on 11th September 2002, the project was supposed to be completed within 7 years from the date of Govt. approval, i.e., by 11th September 2009. However, due to hindrances on account of various reasons such as delayed Forest clearance, natural calamities, strikes, uncertain & unpredictable adverse geological conditions in Himalayan terrain, delay on account of nation-wide lockdown due to the COVID-19 pandemic, etc., the project is now anticipated to be completed in March 2025 with a delay of 186 months as per the revised construction schedule.
3. The Petitioner has submitted that the scheduled COD of the generating station was 11.9.2009. Unit-I and Unit-II of the generating station were first synchronized with the grid on 14.9.2018 and 22.9.2018, respectively, with available water from Jiwa Nallah. However, due to the unavailability of surplus water, unit-I and unit-II could not be declared under commercial operation. Accordingly, with the prior permission of NRLDC, unit-I and unit-II of the generating station were re-synchronised with the grid on 5.7.2019 and 6.7.2019, respectively. The project has been generating infirm power since the synchronization of its units depending upon the availability of water. The Commission, in its order dated 7.2.2025 in Petition No. 112/MP/2025, had allowed the injection of infirm power of all four units of the Project up to 31.3.2025 and with the requisite approvals in place, the Petitioner has completed all pending works, including nallah works, excavation, and concrete lining of the Head Race Tunnel (HRT).
4. The Petitioner has submitted that as on 26.3.2025, it has conducted trial runs for Unit II and Unit III on 23.3.2025 and 25.3.2025, respectively, with Unit I scheduled for 27.3.2025 and Unit IV for 28.3.2025. The Petitioner was making all efforts to complete the testing and commissioning of all four units by 31.3.2025, aiming to declare COD by 1.4.2025. However, due to certain technical eventuality, the Petitioner may have to carry out its testing and commissioning activities even after 31.3.2025 and therefore, is required to inject infirm power into the grid beyond 31.3.2025.
5. The Petitioner has submi
