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2026 Supreme(Online)(CERC) 193
CENTRAL ELECTRICITY REGULATORY COMMISSION
Jishnu Barua, Chairperson, Ramesh Babu V., Member, Harish Dudani, Member, Ravinder Singh Dhillon, Member
SJVN Green Energy Limited – Appellant
Versus
Indian Renewable Energy Development Agency Limited – Respondent
Petition No 556/AT/2025
The court affirmed the adoption of tariff rates under Section 63 of the Electricity Act, 2003, following a transparent competitive bidding process for a solar PV power project.
Headnote:(A) Electricity Act, 2003 - Section 63 - Adoption of usage charges for a solar photovoltaic power station - The Petitioners sought adoption of usage charges of Rs. 2.57/kWh for a 1000 MW solar PV project selected through competitive bidding. The Commission confirmed that the bidding process adhered to the CPSU scheme guidance issued by the Government. (Paras 15, 16, 32, 46)
(B) Competitive Bidding Process - The court determined that the transparent bidding process followed all required guidelines, and the tariff was adopted as per Section 63 once satisfied with the bidding criteria adherence. (Paras 18, 32)
Facts of the case:
The Petitioners, under the electricity regulatory framework, sought to confirm the usage charges for a solar PV project awarded following a competitive bidding process with specific reference to tariff rates that were approved post-bid due to GST changes.
Findings of Court:
The Commission ruled in favor of the Petitioners under the competitive bidding process, adopting the usage charges of Rs. 2.45/kWh as initially determined, with subsequent modification due to legislative changes.
Issues: The key issues were whether the bidding adhered to statutory guidelines and the consequential tariff implications of GST changes.
Ratio Decidendi: The Commission held that once compliance with bidding regulations was established, it warranted the adoption of the proposed tariff, ensuring that post-bidding adjustments adhered strictly to statutory provisions.
Result: Petition No. 556/AT/2025 is disposed of in terms of the above.
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| 1. petition filed under section 63 of the electricity act. (Para 1 , 2 , 3 , 4) |
याचिका संख्या/Petition No 556/AT/2025 कोरम/ Coram:
श्री जिश्न ुबरुआ, अध्यक्ष / Shri Jishnu Barua, Chairperson श्री रमेश बाब ूव., सदस्य / Shri Ramesh Babu V., Member श्री हरीश ददु ानी, सदस्य / Shri Harish Dudani, Member श्री रववन्द्र ससहिं ढिल्लो, सदस्य /Shri Ravinder Singh Dhillon, Member आदेश चदनांक/ Date of Order:- 19th March, 2026 In the matter of Petition under section 63 of the Electricity Act, 2003 , for adoption of usage charges for a 1000 MW Solar Photovoltaic (PV) power station (Tranche-III) connected to the inter-state transmission system (ISTS) and selected through a competitive bidding process under Central Power Sector Undertaking scheme phase-II as per the guidelines dated 05.03.2019 issued by the Central Government.
And In the matter of:
1. SJVN Green Energy Limited SJVN Corporate Office Complex Shakti Sadan, Shanan Shimla-171006
2. SJVN Limited, Corporate Headquarters, Shakti Sadan, Shanan, Shimla, Himachal Pradesh- 171006 … Petitioners Versus
1. Indian Renewable Energy Development Agency Limited, Corporate office at 3rd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi – 110066 2.Uttarakhand Power Corporation Ltd Victoria Cross Vijeyta Gabar Singh Urja Bhawan, Kanwali Road, Balliwala Chowk, Dehradun Uttarakhand- 248001
3.Jammu & Kashmir Power Corporation Limited PDD Bemina Srinagar-190010, B/U SLDC Building Gladni Grid Complex, Narwal Jammu-180006
4.Rajasthan Urja Vikas and IT Services Limited Vidyut Bhawan, Janpath, Jyothi Nagar, Jaipur Rajasthan- 302005 …Respondents
ORDER
The Petitioners, SJVN Green Energy Limited (SGEL) and SJVN Limited (hereinafter collectively referred to as the Petitioners), have filed the present Petition under Section 63 of the Electricity Act, 2003 (the Act) for Adoption of usage charges for 1000 MW Solar Photovoltaic (PV) Power Station (Tranche -III) connected to the Inter-State Transmission System (ISTS) and selected through competitive bidding process under Central Power Sector Undertaking (CPSU) Scheme Phase-II as per the Guidelines dated 05.03.2019 issued by the Central Government. The Petitioners have made the following prayers:
“(a) Admit the present Petition;
b) Adopt the usage charges of Rs 2.57/kWh mutually agreed between SGEL and procurers with maximum quoted VGF of Rs 44, 72,000/- per MW by SGEL for 1000 MW of Solar PV Project of SGEL in competitive bidding process of IREDA in terms of Section 63 of the Electricity Act 2003 for procurement of 1000 MW Solar Power MNRE Central Power Sector Undertaking Scheme phase-II (Tranche-III), as per the Guidelines dated 05.03.2019 issued by the Central Government and its various amendments as issued from time to time along with Maximum usage charges of Rs 2.57/kWh as declared by MNRE/IRDEA.
c) Pass any other or further order which this Hon’ble Commission may deem fit and proper in the facts and circumstances of this case.”
Submissions of the Petitioners
2. SJVN Limited, a generating company within the meaning of Section 79 (1) (a) of the Act and SGEL is a wholly owned subsidiary of SJVN Limited, have submitted that on 05.03.2019, the Ministry of New and Renewable Energy (MNRE), Government of India, notified the CPSU Scheme for setting up the 12,000 MW grid- connected Solar PV Power Projects by the Government Producers with Viability Gap Funding (VGF) for self-use or use by Government/ Government entities, either directly or through Distribution Companies (Discoms). The said scheme was issued under the provisions of Section 63 of the Act for long-term procurement of electricity by the ‘Procurers’ from the grid-connected solar PV power projects through competitive bidding. Subsequently, the MNRE vide OM dated 13.04.2020 notified certain amendments, in which the Solar Energy Corporation of India Limited (SECI) was replaced by IREDA as the authority in charge of the bidding. Under the said CPSU scheme Phase-II, Respondent No. 1, IREDA issued the
