ORDER

The AMPIN Energy Green Private Limited (formerly known as AMP Energy Green private Limited) (“AMPIN Green”) and AMPIN Energy Green Three Private Limited (“AMPIN Three”) (hereinafter referred to as the “Petitioners”) had filed the present Petition seeking extension of Scheduled Commercial Operation Date (SCOD) for 50 MW Wind- Solar Hybrid Project having connectivity at Fatehgarh-lV ISTS Pooling Station until 28.02.2026 and consequent waiver from payment of ISTS Charges under Regulation 13(2)(h)(ii) of the Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2020 (hereinafter referred to as the “2020 Sharing regulations”). The Petitioners have made the following prayers:

(a) Allow the present Petition.

(b) Approve the Recommendation Report of the CERC Committee dated 26.03.2026 in respect of the Petitioner's 50 MW Wind-Solar Hybrid Project;

(c) Grant extension of the Project’s Scheduled Commercial Operation Date until the actual Commercial Operation Date being 28.02.2026;

(d) Hold and declare that the Petitioner is entitled to a 100% waiver of Inter-State Transmission System charges as if the project had achieved COD on or before 30.06.2025 in terms of Office Order dated 30.07.2025 (and addendum thereto);

AND/OR

(e) Pass any such further order(s) as this Hon’ble Commission may deem fit and proper in the facts and circumstances of the present case.

Submission by the Petitioner:

The Petitioners have mainly submitted as under:

(a) The present Petition has been filed seeking extension of SCOD until 28.02.2026, for the purpose of waiver of Inter-State Transmission System (“ISTS”) charges for 50 MW Project under Regulation 13(2)(h)(ii) of the 2020 Sharing Regulations read with Office Order dated 30.07.2025 and Addendum dated 14.01.2026 issued by this Commission.

(b) This Commission has constituted a “Committee for recommending Extension of Time in SCOD for the specific projects” (“Committee”) to conduct a prudence check of the applications submitted by Renewable Energy Generating Station ("REGS") and to recommend whether a project is entitled to the extension of SCOD as sought, in cases where the delay is not attributable to and beyond the control of REGS. The Committee's recommendations will determine the project's eligibility for continued waiver of ISTS charges.

(c) On 31.08.2022, AMPIN Green applied for grant of Stage-II Connectivity for its Project to be connected at the ISTS Fatehgarh-IV PS under the Connectivity Regulations, 2009 . In the Connectivity application, the SCOD for the Project was indicated as 31.12.2024.

(d) CTUIL granted Stage II connectivity on 26.10.2022 as per the provisions of the Connectivity Regulations 2009, with the start date of connectivity as 31.12.2024.

(e) Pursuant to the grant of Stage-II connectivity, on 16.11.2022, CTUIL and the AMPIN Green entered into the Transmission Agreement for Connectivity (“Connectivity Agreement”), wherein the agreed SCOD for the proposed Project was also recorded as 31.12.2024.

(f) Pursuant to the issuance of the GNA Regulations 2022 , on 02.05.2023, i.e. within one month from the effective date of the GNA Regulations, 2022, AMPIN Green submitted its consent to CTUIL for conversion of connectivity of the Project and submitted the duly filed application as required under the GNA Regulations 2022 .

(g) On 12.09.2024, CTUIL issued the final grant of connectivity for 50 MW wherein the start date of connectivity indicated by CTUIL is 22.08.2026.

(h) AMPIN Green has no control over deciding the new start date of connectivity as communicated by CTUIL. The Project was planned for commissioning by 31.12.2024, which was the start date of connectivity communicated under the Grant of Stage-II connectivity. However, the delay in commissioning of Fatehgarh IV ISTS PS has led to the extension of the start date of connectivity from 31.12.2024 to 22.08.2026, for reasons not attributable to AMPIN Green.

(i) By