आदेश/ ORDER

1. The Petitioners, Rewa Ultra Mega Solar Limited (RUMSL) and Madhya Pradesh Power Management Company Limited (MPPMCL) have filed the present Petition under Section 63 of the Electricity Act, 2003 (the Act). With a view to providing a further boost to renewable energy development in MP and in line with the Government of India’s target of installing 500 GW of ground-mounted solar power projects in India by the year 2030, the Government of MP (GoMP) and the GoI decided to set-up various solar parks in different parts of MP, including the Neemuch Solar Park. RUMSL was notified as the solar park project developer for the state of MP by the Ministry of New and Renewable Energy (MNRE), including for the Neemuch Solar Park. Further, RUMSL was entrusted by MNRE with the responsibility of carrying out the bidding process to select the solar power developer to develop, operate, and maintain solar projects at the Neemuch Solar Park. The 500 MW capacity in the Neemuch Solar Park was split into 3 (three) units of ground-mounted grid-connected solar PV power plants, to be developed on pre-identified land parcels inside the Neemuch Solar Park, with the unit capacity of 160 MW (Unit 1), 170 MW (Unit 2) and 170 MW (Unit 3) respectively. The energy generated from the Neemuch Solar Park is intended to be supplied to MPPMCL and Indian Railways, acting through West Central Railways (Indian Railways) (collectively referred to as the Procurers). RUMSL was entrusted with the responsibility of conducting the Bid Process for the Neemuch Solar Park and, accordingly, was designated as the Authorised Representative of the Procurers under the Solar Bidding Guidelines. RUMSL, in its capacity as the bidding authority and the Authorised Representative, responsible for carrying out the bid process for the Neemuch Solar Park, had invited proposals from all interested entities by launching a single-stage two-envelope competitive bidding process followed by a reverse auction process pursuant to a request for proposal issued on 26.01.2020, including all addenda and corrigenda issued thereafter (500 MW Neemuch Bid). The 500 MW Neemuch Bid was conducted in accordance with the “Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar PV Power Projects” issued by the MoP on 3 August 2017 (as amended from time to time), which was applicable at the relevant time. Following the bid process, a total capacity of 500 MW of the Neemuch Solar Park was awarded to 2 (two) bidders for the development of 3 units within the Neemuch Solar Park, with Unit 3 of 170 MW capacity allotted to one bidder, and Units 1 and 2 of 330 MW capacity allotted to the second bidder. The selected bidders executed separate power purchase agreements with the Procurers (MPPMCL and Indian Railways), and RUMSL entered into implementation support agreements and land use permission agreements with the selected bidders. The tariff discovered pursuant to the aforesaid bid process was adopted by the Commission vide order dated 05.04.2022 in Petition No. 276/AT/2021. The selected developer, who was awarded Unit 3 with a capacity of 170 MW within the Neemuch Solar Park, defaulted in complying with the provisions of the power purchase agreements, implementation support agreement and the land use permission agreement. Ultimately, MPPCL and Indian Railways were constrained to terminate the power purchase agreements executed with the selected solar power developer by way of termination notices dated 19.03.2024 and 10.01.2024, respectively, and RUMSL terminated the implementation support agreement and land use permission agreement executed with the selected solar power developer by way of termination notices dated 09.01.2024. In the background above, it was decided to rebid Unit 3 at the Neemuch Solar Park. Consequently, RUMSL invited proposals from the interested entities to develop, operate and maintain the 170 MW grid-connected ground-mounted solar PV