IN RE: CENTRAL ELECTRICITY REGULATORY COMMISSION Vs. STATE

JUDGEMENT

(1.) THE Commission notified the Central Electricity Regulatory Commission (Terms and Conditions for Tariff determination from Renewable Energy Sources) Regulations, 2012, on 06.02.2012 (hereinafter referred to as "the RE Tariff Regulations"), which provide for terms and conditions and the procedure for determination of tariff of the following categories of Renewable Energy (RE) generating stations:

(2.) THE Commission, in the meanwhile, also notified the Central Electricity Regulatory Commission (Terms and Conditions for Tariff determination from Renewable Energy Sources) (First Amendment) Regulations, 2014 (hereinafter referred to as "the RE Tariff (First Amendment) Regulations"), on 18.03.2014, wherein, various technical norms of Biomass Power Projects with Rankine Cycle technology have been amended. These norms are effective from the notification of the First Amendment Regulations.

(3.) THE Regulations enjoin upon the Commission to determine the generic tariff on the basis of the suo -motu petition, for the RE technologies for which norms have been provided in the RE Tariff Regulations. Generic Tariff is different from the project specific tariff for which a project developer has to file petition before the Commission as per the format provided in the RE Tariff Regulations. Pertinently, project specific tariff has been envisaged for the new RE technologies and the technologies which are still at the nascent stage of development, and the Commission shall determine the project specific tariff for such technologies on a case to case basis.