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In a current growth, Tata Energy Delhi Distribution Restricted (TPDDL) has filed a petition underneath Part 86(1)(b) of the Electrical energy Act, 2003, looking for approval from the Fee for the execution of a Supplementary Energy Buy Settlement (SPSA) with Photo voltaic Power Company of India Ltd. (SECI) and Alfanar Firm. The petition goals to safe approval for the SPSA, which is meant to amend the present Energy Sale Settlement (PSA) between TPDDL and SECI for the sale of fifty MW of wind energy on a long-term foundation.
The Authentic PSA, dated 28.03.2018, obligated SECI to enter into energy buy agreements with chosen Wind Energy Builders (WPDs) for the procurement of 2000 MW of wind energy. TPDDL is now looking for approval for the SPSA underneath Article 13.1 of the Authentic PSA, which permits for amendments or dietary supplements by a written settlement between the events.
SECI, by a Request for Choice (RFS) issued on 12.01.2018, chosen Alfanar Firm because the profitable bidder for the event of a cumulative capability of two,000 MW Wind Energy. Alfanar Firm subsequently fashioned a venture firm, Alfanar Power Personal Restricted (AEPL), for the event, era, and sale of wind energy.
Following the regulatory course of, TPDDL filed a Petition earlier than the Fee for approval of the Authentic PSA and tariff adoption. The Fee, in its order dated 13.03.2019, accredited the Authentic PSA however directed TPDDL to strategy the Hon’ble Central Electrical energy Regulatory Fee (CERC) for tariff adoption. Subsequently, TPDDL filed Petition No. 161/AT/2019 with the Hon’ble CERC, resulting in the adoption of particular person tariffs however no decision on the buying and selling margin.
In response to the CERC’s determination, SECI proposed an modification to Article 5.1.2 of the Authentic PSA primarily based on the mapping accredited by Energy Grid Company of India Restricted (PGCIL). SECI shared a draft SPSA with TPDDL, and an modification settlement was signed with AEPL on 13.05.2022, amending Article 4.4.1 of the Authentic Energy Buy Settlement (PPA).
SECI, by a letter dated 09.06.2022, knowledgeable TPDDL in regards to the modification settlement with AEPL and shared a draft SPSA for the sale of wind energy from the Alfanar Wind Energy Challenge.
TPDDL, underneath Part 86(1)(b) of the Electrical energy Act, 2003, filed the current petition looking for approval for the Supplementary Energy Sale Settlement with SECI. The Petitioner highlights that the modification aligns with the mapping and identification of the Alfanar Power venture for the provision of fifty MW Wind Energy to TPDDL.
Notably, the Central Fee, in its determination dated 28.02.2020, held that Regulation 8(1)(d) supplies the contracting events with the selection to mutually agree on the buying and selling margin. TPDDL’s efforts to safe approval confronted authorized challenges, together with a discount in buying and selling margin by the Fee, which was later overturned by the Hon’ble APTEL. As of the newest growth, the Fee has granted approval to the Supplementary PSA between TPDDL and SECI for 50 MW energy from Alfanar Power at a complete tariff of ₹2.52/kWh, comprising ₹2.45/kWh plus ₹0.07/kWh because the buying and selling margin. Nonetheless, the buying and selling margin approval stays topic to the ultimate end result of the Civil Attraction as directed by the Hon’ble Supreme Court docket of India in its Order dated 04.05.2023.
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