Back
2026 Supreme(Online)(CERC) 197
CENTRAL ELECTRICITY REGULATORY COMMISSION
Jishnu Barua, Chairperson, Ramesh Babu V., Member, Harish Dudani, Member, Ravinder Singh Dhillon, Member
Ayana Renewable Power Four Private Ltd – Appellant
Versus
Western Regional Load Dispatch Centre – Respondent
Petition No. 91/MP/2026
For the Appellants/Petitioners: Basava Prabhu Patil, Samarth Kashyap, Anubhav Mishra, Rahul K. Shaji, Atulya Singh
For the Respondents: Gajendra Sinh Vasava, Tushar R Mohapatra, Momai Dey
The Commission possesses the 'Power to Relax' under the 2023 Grid Code to condone procedural delays in filing for infirm power extensions and to grant timeline extensions for renewable energy projects, provided such actions prevent the stranding of capacity hampered by genuine, documented force majeure events.
Headnote:(A) Electricity Act, 2003 - Section 79(1)(k) - Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023 - Regulation 19(3) - Extension of infirm power injection - Regulatory timeline relaxation - Force majeure events affecting project commissioning.
(B) Power to Relax - Regulation 57 of 2023 Grid Code - Commission's discretion to condone delays in filing and extend timelines to prevent stranded renewable energy capacity when reasons are established for non-completion.
Facts of the case:
The petitioner, a renewable energy developer, sought an extension for the injection of infirm power for four Wind Turbine Generators (WTGs) totaling 13.2 MW. The commissioning was delayed due to multiple occurrences including security restrictions (Operation Sindhoor), unusual monsoon rainfall, right-of-way (RoW) obstructions, communication cable damage, and theft of critical equipment, which resulted in a 133-day delay in filing the petition.
Findings of Court:
The Commission observed that although the petitioner had sufficient time, the cumulative impact of the documented force majeure-like events hindered the commissioning. Invoking the 'Power to Relax', the Commission condoned the filing delay and granted a 20-day extension to ensure the renewable energy capacity does not remain stranded.
Issues: Whether the delay in filing should be condoned and whether an extension of time for the injection of infirm power is permissible under the extant regulations.
Ratio Decidendi: While developers must adhere to stipulated timelines, the Commission may exercise its power to relax regulations to prevent renewable assets from being stranded when delays are caused by demonstrable force majeure events affecting site access, grid stability, and technical infrastructure.
Result: Petition allowed; 20-day extension granted.
| Table of Content |
|---|
| 1. overview of the petition for extension of infirm power injection and background facts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. technical details regarding the project status and the prayer for relief. (Para 6 , 7 , 8 , 9 , 10) |
| 3. applicability of regulation 19(3) regarding infirm power and the power to relax under regulation 57. (Para 11 , 12) |
| 4. justification for condonation of delay and granting the extension to prevent stranded renewable assets. (Para 13 , 14 , 15 , 16 , 17 , 18) |
ORDER
1. The Petitioner is developing a 100 MW hybrid (92.4 MW Wind and 37.5 MW Solar) power project with ISTS interconnection at Bhuj PS in the State of Gujarat. Petitioner has successfully commissioned the installed solar capacity; however, of the installed wind capacity, the 13.2 MW capacity has not been commissioned. Petitioner is seeking an extension of time for the injection of infirm power under Regulation 19(3) of the 2023 Grid Code. The Petitioner has made the following prayers:
a. Admit and allow the present Petition
b. Condone the delay in filing the instant Petition/Application.
c. Relax the timelines stipulated in Regulation 19(3) of the Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023, as amended by Central Electricity Regulatory Commission (Indian Electricity Grid Code) (First Amendment) Regulations, 2024.
d. Grant extension of time for completion of trial run in respect of the 4 Wind Turbine Generators, namely NKT-14, NKT-19, NKT-76, and NKT-77, aggregating to 13.2 MW of the Project;
e. Direct Western Regional Load Despatch Centre to allow Petitioner for charging and completion of trial run for its 4 Wind Turbine Generators, namely NKT-14, NKT-19, NKT-76, and NKT-77, aggregating to 13.2 MW of the Project;
f. Grant an extension for injection of infirm power to the Petitioner for the purpose of charging and initiating trial run of the balance 13.2 MW (i.e., 4 WTGs- NKT 14, NKT19, NKT-76, NKT-77) for its Project connected to Bhuj-PS;
g. Declare and hold that the delay in charging and completion of trial run of the aforesaid Wind Turbine Generator was caused due to circumstances beyond the control of the Petitioner;
h. Direct the concerned grid authorities, including the Regional Load Despatch Centre to permit charging and completion of the trial run to issue the requisite certificate of completion of trial run upon successful synchronization and testing of the 4 Wind Turbine Generator (WTGs- NKT 14, NKT19, NKT-76, NKT-77);
i. Pass any other such Orders that this Hon’ble Commission may deem fit.
The Petitioner has also made the following interim prayers vide the instant Petition:a. The Petitioner respectfully prays that this Hon’ble Commission may be pleased to pass the following interim directions: Direct Western Regional Load Despatch Centre to allow injection of infirm power for testing & charging and completion of trial run for balance 13.2 MW (4 WTGs- NKT 14, NKT19, NKT-76, NKT-77) till pendency of the present Petition.
b. Pass any other such Orders that this Hon’ble Commission may deem fit.
Submissions of the Petitioner:
2. Petitioner has made the following submission vide Petition dated 11.02.2026:
(a) The Petitioner is the developer of a 100 MW installed capacity Hybrid (92.4 MW Wind and 37.5 MW Solar) Project at Village Devasar, Taluka Nakhatrana and District Kutch, Gujarat, having connectivity to ISTS at Bhuj PS, Gujarat, for supply of 100 MW Round-the-Clock power on captive basis to Hindalco Industries Ltd., for a period of 25 years from the commissioning date.
(b) The Petitioner has successfully commissioned the entire 37.5 MW solar capacity and 79.2 MW out of 92.4 MW of wind capacity. The remaining 13.2 MW of wind capacity is yet to be commissioned. The 79.2 MW of Wind capacity comprises 24 Wind Turbine Generators (“WTGs”) and the remaining 13.2 MW of Wind Power comprises 4 WTGs, which are pending commissioning.
(c) Under Regulation 19 of the 2023 GRID Code, read with the Firs
