O R D E R

The petitioner challenges the levy of charges under Serial No.1 for Rs.3,75,644/-.

2.In similar circumstances, a batch of writ petitions for the very same relief were transferred by this Court to the Tamil Nadu Regulatory Commission, by order dated 23.07.2012 in W.P.No.7200 of 2012 and others. Subsequently, the Tamil Nadu Electricity Regulatory Commission by its order dated 31.03.2016 decided the matter in the following lines:-

"7.14 In the light of the above it is clarified that the Units generated by Wind Energy Generators during a higher tariff ToD slot could be consumed in a lower tariff ToD slot at the option of generators/users who have entered into EPA and EWA under the Commission’s Order No. 3 dt.15.5.2006.

7.15 Let us now take up the purport of the orders giving liberty to renegotiate the existing agreements and applicability of the orders when it comes to the existing contracts and agreements between NCES based generators and distribution licensee signed prior to the date of issue of these orders.

7.16 In the Tariff order No. 3 dated 15.05.06, the Commission decided to categorise the Wind Electric generators in two groups as below and fixed the tariff accordingly:

1. Group I Projects : Wind power projects commissioned and to be commissioned based on agreements executed prior to the date of this order.

2. Group II Projects: Wind Power projects to be commissioned based on future agreements after the date of this order.

7.17 Hence, the above Tariff order (Order No. 3 dated dated 15.05.2006) stipulates the following in respect of the Applicability of Order:

“4.0 Applicability of Order: This order shall come into force from the date of its issue. This order shall be applicable to all future and renewal of existing contracts/agreements for the Non-conventional Energy Sources (NCES) based Generating plants and Non- conventional Energy sources based Co-generation plants located within the State of Tamil Nadu. It should be noted that the existing contracts and agreements between NCES based generators and the distribution licensee signed prior to the date of issue of this order would continue to remain in force. However, the NCES based generators and the distribution licensees shall have the option to mutually renegotiate the existing agreements/contracts, if any, in line with this order even before the expiry of the contracts. Any renewal of the said contracts/agreements, new contracts/agreements shall be in line with this order.

7.18 The TNERC’s Power Procurement from New and Renewable Source of Energy Regulations, 2008 relating to applicability is given below:

1.These regulations shall be deemed to have come into force on the 15th May 2006, the date on which the Commission’s Order No. 3 dated the 15th May 2006 has been issued.

2.These regulations shall apply to all new and renewable source based generating plants including co- generation plants located within the State of Tamil Nadu for which power purchase agreements/contracts were signed on or after the 15th May 2006. The contracts and agreements between new and renewable source based generators and the distribution licensee signed prior to the 15th May 2006 would continue to remain in force. However, the generators and the distribution licensees shall have the option to mutually renegotiate the agreements/contracts signed prior to the 15th May 2006 in line with these regulations even before the expiry of the agreements/contracts. Any renewal of the said contracts/agreements shall be in line with these regulations.

7.19 This would mean that in case NCES Generators who had signed the Power Purchase Agreement prior to the date of commencement of the said order i.e.15.05.2006, the said Order No.3 cannot be invoked unless they opt to come under the said Order No.3 dated 15.05.2006. In case of the their exercising the option to come under the said Order No.3 dated 15.05.2006, they have to sign the new EPA and EWA. The Commission in its Order dated 22.05.2008 in M.P. Nos.6,11,12