98 MP 2024 - 061124
98 MP 2024 - 061124
98 MP 2024 - 061124
NEW DELHI
Subject : Petition under Section 79 of the Electricity Act, 2003 read with
Article 9.2 of the Power Purchase Agreements dated 17.07.2018
for the development of 75 MW ISTS connected wind project
between Adani Wind Energy Kutchh Six Limited [Formerly known
as Adani Renewable Energy (GJ) Limited] and Maharashtra State
Electricity Distribution Company Limited seeking reliefs for the
additional expenditure incurred due to occurrence of Change in
Law event.
Record of Proceedings
Learned counsel for the Petitioner submitted that the present Petition had been
filed invoking Article 9 of the Power Purchase Agreement (PPA) dated 17.7.2008
entered into with Respondent, MSEDCL, seeking the relief of Change in Law event,
i.e., issuance of the Working Group Report dated July 2022 post the bid submission
date, i.e., 22.2.2018, which led to the mandate of installation of Reactive Power
Compensation Devices viz. capacity banks.
2. Learned counsel for Respondent, MSEDCL submitted that the Respondent is
contesting the maintainability of the present Petition as the entire supply from the
Petitioner’s Project under the PPA dated 17.7.2008 is only to MSEDCL (single State
Procurer).
3. In response, learned counsel for the Petitioner submitted that the Petitioner’s
Project is located in the State of Gujarat, and accordingly, there is a composite scheme
of generation and sale of electricity in more than one State.
4. Considering the submissions made by the learned counsel for the parties, the
Commission ordered as under:
(a) Admit and issue notice to the Respondents, subject to just exceptions;
$ - Reactive Power support equipments installed/planned to be installed (as per design) before the Working Group Report,
2022, and the additional equipments installed/ to be installed after the Working Group Report and the financial impact
thereof.
(ii) Clarify how the installation of the ‘Capacitor Bank’ fulfils the requirement of
providing the dynamically varying reactive power support as per the provision of
the CEA (Technical Standard for connectivity to the Grid) Regulations and/ or
CEA Working Group Report, 2022.
(d) Grid-India to file the following information on an affidavit within four weeks in
regard to the Petitioner project:
Installed
Project Details Capacity (in
MW)
COD
5. The Petition will be listed for the hearing along with the batch of Petitions
involving the common issue of the Working Group Report, 2022 being a Change in
Law event, on 16.1.2025.
By order of the Commission
Sd/-
(T.D. Pant)
Joint Chief (Law)