J U D G M E N T

PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER

1. The captioned appeals being DFR No. 139 of 2022 and Appeal No. 281 of 2022 have been filed by M/s. Southern Power Distribution Company of Telangana Limited (hereinafter referred as “Appellant”) being aggrieved by the decision of the Telangana State Electricity Regulatory Commission (in short

“TSERC” or “State Commission”) directing the Appellant to facilitate synchronization of the generating stations owned by the Solar Power Plant developers, the Respondents in the two captioned appeals.

2. The Appellants challenges the impugned orders dated 12.11.2021 and

09.02.2022 passed by the State Commission in Original Petition No. 2 of 2020 filed by M/s. Tejas India Solar Private Limited (in short “TISPL”) and Original Petition No. 37 of 2021 filed by M/s. BVM Energy & Residency Private Limited (in short “BERPL”) respectively, wherein, the Appellant was directed to synchronise the projects of the developers within 30 days and to grant open- access in accordance with Terms and Conditions of Open Access Regulations, 2005 ("LTOA Regulations").

PARTIES

3. The Appellant No. 1, the common Appellant in the two captioned appeals, is a Government Company engaged in the business of Distribution of Electricity Page 5 of 24 in the State of Telangana and is the only Appellant in the first captioned appeal and the Appellant No. 2 in the second captioned appeal is the officer of the Appellant No. 1 entrusted with the responsibility inter-alia to take necessary action in compliance with the directions issued.

4. The Telangana State Electricity Regulatory Commission, Respondent

No.1 in the first captioned appeal and the Respondent No. 2 in the second captioned appeal, is a statutory authority constituted under the Electricity Regulatory Commission Act, 1998 and inter alia vested with powers to adjudicate the dispute in hand.

5. The Respondent No. 2, the TISPL in the first captioned appeal and the Respondent No. 1, the BERPL in the second captioned appeal, are the Solar Power Developer (in short “SPD”) and have commissioned Solar Power Projects (in short “SPPs”) in the State of Telangana.

6. The Transmission Corporation of Telangana Limited, Respondent No.3 herein, is the Transmission Licensee of the State of Telangana inter-alia vested with the function of State Load Dispatch Centre (in short “SLDC”) for the State of Telangana.

FACTUAL MATRIX

7. During the hearing held on Interlocutory Applications (in short “IA”), the Appellant argued that the State Commission has erred in issuing directions for Page 6 of 24 or to third parties located within the State.

the synchronization and grant of Open Access to the SPDs of TISPL and BERPL, the only issue which require adjudication, which is one of grievances filed for interim stay, as such, will be same as disposing of the appeals on their merit, therefore, with the consent of the contesting parties, it was decided to adjudicate the captioned appeals itself.

8. As, the questions of law and the factual matrix in the two captioned appeals are identical, therefore, the two appeals are dealt together and the first captioned appeal i.e. Appeal No. 281 of 2022 is taken up for adjudicating against the issue raised in these appeals.

9. The factual matrix of the first captioned appeal i.e. DFR No. 281 of 2022

filed by the Appellant against the State Commission as Respondent No. 1 and TISPL as Respondent No. 2 is noted in brief in the succeeding paragraphs.

10. In 2015, the Government of Telangana notified "The Telangana Solar Power Policy 2015" (in short “Solar Policy"), effective from 01.06.2015 and having tenure of five years, thus effective up to 31.05.2020, for ensuring long- term energy security in the State and to promote a sustainable fuel mix in generation through higher contribution of solar energy inter-alia providing incentives a