GUJARAT BIOMASS ENERGY DEVELOPERS ASSOCIATION Vs. GUJARAT ELECTRICITY REGULATORY COMMISSION (GERC) & ANOTHER

JUDGEMENT

(1.) 1. The instant appeal arises out of a generic tariff order dated 08.08.2013, vide Order No. 4 of 2013, passed by the Gujarat Electricity Regulatory Commission (for short, hereinafter called the 'State Commission') in the matter of Determination of Tariff for Procurement of Power by the Distribution Licensees and Others from Biomass based Power Projects and Bagasse based Co -generation Projects, whereby the State Commission has determined the tariff applicable to Biomass based Power Projects and Bagasse based Co -generation Power Projects being set up in the State of Gujarat for the period from 01.08.2013 to 31.03.2016. The eligibility criteria, as per the impugned tariff order, are that the project should be commissioned on or after 01.08.2013 and the sale of power should be during the control period of the tariff order viz. 01.08.2013 to 31.03.2016.

(2.) The State Commission had issued a Discussion Paper and called for the comments on the same. After considering the suggestions of the stakeholders and hearing the parties, the State Commission has passed the impugned tariff order dated 08.08.2013.

(3.) The appellant, Gujarat Biomass Energy Developers Association, consists of three members, namely, M/s. Junagadh Power Projects Pvt. Ltd., M/s. Amreoli Power Projects Ltd., & M/s. Bhavnagar Biomass Projects Ltd. All the three members have already established their biomass based generating units in the previous tariff period and are not setting up any projects in the current tariff period, namely, 1.08.2013 - 31.03.2016.