SAHELI EXPORT PRIVATE LIMITED Vs. JOINT ELECTRICITY REGULATORY

JUDGEMENT

(1.) WHETHER an enforceable Power Purchase Agreement between the rooftop solar power generator and the distribution licensee is a pre -requisite for the Joint Electricity Regulatory Commission to determine the tariff at which the energy is to be purchased by the distribution licensee is the issue that has been raised in the present Appeal.

(2.) SAHELI Exports Pvt. Ltd, the Appellant herein, is engaged in the business of establishing, operating and maintaining solar based generating stations in the country and has proposed setting up of 1 MW rooftop photo voltaic (PV) solar power project in the Union Territory of Puducherry. The Joint Electricity Regulatory Commission (hereinafter referred to as "Joint Commission") is the 1st Respondent. The Electricity Department, Government of Puducherry, responsible for distribution and retail supply of electricity in the Union Territory of Puducherry is the 2nd Respondent. The third Respondent is the Renewable Energy Agency, the state nodal agency for development of renewable energy sources in the UT of Puducherry.

(3.) AGGRIEVED by the order of the Joint Commission dated 02.01.2012 by which it refused to determine the tariff of the Solar Power Project for sale to the distribution licensee unless an enforceable PPA is entered into between the Appellant and the Respondent no.2, the Appellant has filed this Appeal.