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2026 Supreme(Online)(CERC) 198
CENTRAL ELECTRICITY REGULATORY COMMISSION
Jishnu Barua, Chairperson, Ramesh Babu V., Member, Harish Dudani, Member
Teq Green Power Xi Private Limited – Appellant
Versus
Western Regional Load Dispatch Centre – Respondent
34/MP/2026
For the Appellants/Petitioners: Aman Anand, Aman Dixit, Natasha Debroy, Srishti Gupta
For the Respondents: Momai Dey
The Central Electricity Regulatory Commission may exercise its 'Power to Relax' under Regulation 57 to condone procedural delays and grant extensions for infirm power injection where non-completion of commissioning activities is due to genuine circumstances beyond the control of the generating company, thereby preventing the stranding of renewable energy capacity.
Headnote:(A) Electricity Act, 2003 - Sections 79(1)(c), 79(1)(k) - Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023 - Regulation 19(3) - Power to relax - Regulation 57 of the CERC (Conduct Of Business) Regulations, 2023 - Extension of time for infirm power injection - Petitioner sought extension for commissioning of 4 remaining Wind Turbine Generators (WTGs) due to procedural constraints and force majeure events - Delay in filing petition beyond the timeline prescribed - Commission observed that circumstances such as unprecedented monsoon and local law and order disturbances were beyond the control of the Petitioner - Held that the project capacity should not be allowed to remain stranded - Delay in filing condoned and extension of one month allowed for completion of commissioning activities.
Facts of the case:
The petitioner is developing a 151.2 MW wind power project. While most WTGs were commissioned, 4 WTGs (10.8 MW) remained pending due to site disruptions including severe monsoon flooding and local civil unrest/vandalism. The petitioner missed the statutory deadline for filing the extension request by 38 days due to procedural ambiguity regarding FTC approvals and infirm power expiry.
Findings of Court:
The Commission recognized that the delays were due to unforeseeable circumstances beyond the petitioner's control and exercised its 'Power to Relax' under Regulation 57 to condone a 38-day delay in filing. An extension of one month from the date of the order was granted for the injection of infirm power to complete the trial runs.
Issues: Whether the 38-day delay in filing the petition could be condoned, and whether an extension for infirm power injection beyond the regulatory limit was justified.
Ratio Decidendi: The Commission held that in the interest of preventing the stranding of generated renewable capacity and ensuring grid efficiency, the 'Power to Relax' provisions can be exercised when procedural delays are caused by factors outside the developer's reasonable control.
Result: Petition allowed; time for infirm power injection extended for one month.
| Table of Content |
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| 1. petitioner seeks extension for infirm power injection due to uncontrollable delays. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 2. commission exercises power to relax to prevent stranding of re capacity. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
ORDER
The present Petition is filed by the Petitioner, i.e. TEQ Green Power XI Pvt. Ltd, seeking extension of time for injection of infirm power under Regulation 19(3) of the 2023 Grid Code, to complete trial run and commissioning activities of 4 Wind Turbine Generators (WTGs) of 10.8 MW capacity forming part of its 151.2 MW wind power project and having connectivity at Kallam PS. The Petitioner has made the following prayers vide the instant Petition:
A. Grant extension of time for injection of infirm power in respect of the balance 4 WTG Nos. 18 (SPI-172), 19 (TXI-80), 23 (TXI-199) and 47 (TXI-209) forming part of the Petitioner’s wind power project; and permit 45 days to the petitioner to commission the said WTGs; and;
B. Direct the WRLDC to permit injection of infirm power during the extended period for the purpose of trial run and commissioning; and
C. Condone the delay, of 38 days, in filing the present Petition; and
D. Pass any order(s) that it may deem fit in the interest of justice.
Submissions of the Petitioner:
2. The Petition is filed by the Petitioner, i.e. TEQ Green Power XI Pvt. Ltd, seeking extension of time for injection of infirm power under Regulation 19(3) of the 2023 Grid Code for trial run and commissioning activities of 4 Wind Turbine Generators (WTGs) of 10.8 MW capacity forming part of its 151.2 MW wind power project. Out of a total of 56 WTGs forming part of the Project, a substantial number of WTGs have been installed, and 36 WTGs have already been successfully commissioned. The Project has thus achieved substantial progress and is at an advanced stage of completion.
3. Petitioner was granted First Time Charging (FTC) approvals by the Respondent/ WRLDC for charging and a trial run of 12 WTGs on 06.08.2025 and 07.08.2025.
4. Petitioner vide letter dated 08.09.2025 requested WRLDC for an extension of the validity period by forty-five (45) days, to permit injection of infirm power for the purpose of facilitating trial run and commissioning of 9 out of 12 WTGs (24.3 MW capacity), in respect of which FTC approval has already been accorded. On 09.09.2025, WRLDC approved the period of infirm power injection as under:
• WTG-16(SPI-44), WTG-18 (SPI-172) and WTG-19 (TXI-80): 3 nos of WTGs up to 04.11.2025;
• WTG-23 (TXI-199), WTG-37 (SPI-169), WTG-44 (SPI-32), WTG-45 (SPI-34), WTG-46 (TXI-15) and WTG-47 (TXI-209): 6 nos of WTGs up to 05.11.2025;
5. On 15.10.2025, CEA EI approval for energization of Petitioner’s WTGs (SPI-172 and TXI-80) was obtained. Subsequently, vide letter dated 24.10.2025, the Petitioner sought another extension from WRLDC for 45 days to inject infirm power for test runs and commissioning, of the 9 WTGs, as the previous extension dated 09.09.2025 was to expire on 4/5.11.2025. Respondent/ WRLDC, on 06.11.2025, approved the extension of validity for infirm power injection, to enable the Petitioner to complete the remaining testing and commissioning activities and declare CoD. The extension approval for 8 WTGs was approved as under:
• WTG-18 (SPI-172) and WTG-19 (TXI-80): 2 nos of WTGs up to 19.12.2025.
• WTG-23 (TXI-199), WTG-37 (SPI-169), WTG-44 (SPI-32), WTG-45 (SPI-34), WTG-46 (TXI-15) and WTG-47 (TXI-209): 6 nos of WTGs up to 20.12.2025.
6. Chief Electrical Inspector, on 28.11.2025, accorded its approval (CEA EI approval) for energization of Petitioner’s WTGs (TXI 199, SPI 169, SPI 121, OW 84, SPI 64, SPI 41, SPI 122, TXI 209, TXI 15, SPI 40).
7. Since Petitioner commissioned 8 out of the 12 WTGs for which FTC approvals were granted on 06.08.2025 and 07.08.2025. However, due to unavoidable and unforeseeable circumstances such as severe law and order issues, RoW
