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ARTICLE · 05 AUGUST 2021

Clearsky Solar Pvt Ltd & Ors v. KERC & Ors

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Appeal was filed by Clearsky Solar Pvt Ltd (Clearsky) before the Appellate Tribunal for Electricity (APTEL) challenging the Karnataka Electricity Regulatory Commission (KERC)...

IndiaGovernment, Public Sector
Hemant Sahai
Hemant Sahai
Puja Priyadarshini
Puja Priyadarshini
Nehul Sharma
Nehul Sharma
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APTEL Judgment dated August 02, 2021 in Appeal No. 160 of 2020

Background facts

  • Appeal was filed by Clearsky Solar Pvt Ltd (Clearsky) before the Appellate Tribunal for Electricity (APTEL) challenging the Karnataka Electricity Regulatory Commission (KERC) order dated May 29, 2020 (KERC Order) in relation to extension of COD and continuation of tariff of a 3 MW solar project under the Farmers' scheme of the Karnataka Solar Policy (Project).
  • Clearsky was aggrieved by the KERC Order inasmuch as, KERC had set aside the extension of timelines for achieving Scheduled Commercial Operation Date (SCOD) which was granted by Gulbarga Electricity Supply Co Ltd (GESCOM) in terms of the Power Purchase Agreement (PPA) taking into consideration the genuine Force Majeure events which had affected the Project. Pertinently, the extension of timelines was a subject matter of the Supplementary PPA executed between Clearsky and GESCOM which KERC had unreasonably refused to approve.

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