A Solar Power Park Developer Has The Power To Restrict Excess Generation By A Solar Power Developer Beyond The Rated Capacity Under The Agreement: APTEL

Introduction

In a recent Judgement dated 21 December 2021 in Appeal No. 69 of 2021: Saurya Urja Company of Rajasthan Limited (Saurya Urja) vs. Rajasthan Electricity Regulatory Commission (RERC) & Ors., the Appellate Tribunal for Electricity (APTEL) set aside RERC's Order dated 08 December 2020 in Petition No. 1783 of 2020: ACME Jodhpur Solar Power Private Limited & Anr. vs. Saurya Urja (ACME) & Anr., and clarified that:

1. State Electricity Regulatory Commission (SERC) does not have the jurisdiction under Section 86(1)(f) of the Electricity Act, 2003 (Electricity Act) to adjudicate upon a dispute between the Solar Power Park Developer (SPPD) i.e., Saurya Urja and the Solar Power Developer/Generator (SPD) i.e., ACME, since the SPPD is neither a 'Generating Company' nor a 'Licensee' under the Electricity Act;