JUDGMENT

PER HON’BLE SMT. SEEMA GUPTA, TECHNICAL MEMBER (ELECTRICITY)

1. The instant appeal is preferred challenging the order dated 23.06.2023 passed by the Uttar Pradesh Electricity Regulatory Commission in Petition No. 1832 of 2022, whereby the Commission has permitted banking up to 85% to Amplus Green Power Private Limited (in short “AGPL”) qua three of its customers in terms of Regulation 31(a)(ii) of the CRE Regulations, 2019.

2. The Appellant No.1 is Uttar Pradesh Power Corporation Limited (“UPPCL”), the deemed transmission Licensee for the State and Appellant Nos. 2 to 4, are Distribution Licensees in the State of Uttar Pradesh, namely, Pashchimanchal Vidyut Vitran Nigam Limited (PVVNL), Purvanchal Vidyut Vitran Nigam Limited (PuVVNL) and Madhyanchal Vidyut Vitran Nigam Limited (MVVNL) [collectively referred to as UP DISCOMs].

3. The Respondent No 1, AGPL operates a 50 MW ground mounted Solar Power Project located at Mirzapur, Uttar Pradesh, a captive generation project with supply tied up with 13 consumers. Respondent No. 2 is Uttar Pradesh Electricity Regulatory Commission (in short “UPERC/State Commission”) which is the State Electricity Regulatory Commission. Respondent No.