98 MP 2024 - 061124

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CENTRAL ELECTRICITY REGULATORY COMMISSION

NEW DELHI

Petition No. 98/MP/2024

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.

Petitioner : Adani Wind Energy Kutchh Six Limited (AWEKSL)

Respondent : Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL)

Date of Hearing : 6.11.2024

Coram : Shri Jishnu Barua, Chairperson


Shri Ramesh Babu V., Member
Shri Harish Dudani, Member

Parties Present : Ms. Poonam Verma Sengupta, Advocate, AWEKSL


Ms. Sakshi Kapoor, Advocate, AWEKSL
Shri Pradyumn Sharma, Advocate, AWEKSL
Shri Vyom Chaturvedi, Advocate, MSEDCL

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;

RoP in Petition No. 98/MP/2024


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(b) The Respondent to file their consolidated reply on maintainability as well
as on merits, if any, within five weeks with a copy to the Petitioner, who may file
its rejoinder(s), within four weeks thereafter.

(c) The Petitioner to file the following details/information on an affidavit


within four weeks:

(i) The following information with the relevant supporting documents:


RE plant
Particulars
Project Name
Installation Capacity
(in MW)
Project Details Bid Cut-Off Date
SCOD
COD (date wise with
capacity declared
COD)
Technology
(Solar/Wind/Hybrid)
Project Location
Nearest IMD Station
Design Parameters
Parameter Considered As per CEA As per Corresponding
while bidding Regulations WGR clause of
report applicable CEA
regulation and
WGR
Point of
Reference
Point of
Interconnectio
n (POI)
Ambient Temperature
Temperature (°C)
considered Basis for
consideration of such
temperature
Temperature Temperature
extreme (°C)
considered Basis for
consideration of such
temperature
Rated active
power at
ambient and at
extreme
temperature
Reactive
power
capability at
Rated active
output at
ambient and at
extreme
temperature
Reactive Dynamic Capacity
Power (MVAr)
Capability* at Equipments$
temperature Static Capacity
extreme (MVAr)
Equipments$

RoP in Petition No. 98/MP/2024


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Particular Considered while bidding Post WGR 2022

Financial Towards installation of


implication Dynamic
against compensation
Reactive devices
Power Towards installation of
equipments Static compensation
(Copy of devices
Purchase
Orders to be
enclosed,
where placed)
in Rs crore
Date of
submission of
Reactive
Power study
report to
CTUIL/
concerned
RLDC #
Status of
Compliance to
Reactive
Power
Capability
* - Provide supporting study report showing required MVAr capability.

$ - 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.

# - Detailed Study Reports to be submitted.

(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

Project Particulars Compliance Changes, if Corresponding


status before any, after CEA
issuance of issuance of Regulation
Working Group Working
Report Group
Report for
compliance
Temperature for
compliance of Dynamic
Reactive Power capability
(in °C)
Dynamic

RoP in Petition No. 98/MP/2024


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Reactive Power Static
Compensation device (in
MVAr)
Date of submission of
Reactive Power
compliance report
Status of Compliance of
Reactive Power
Capability. *
* Enclose the Action taken report in case of non-compliance.

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)

RoP in Petition No. 98/MP/2024


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