UTTARAKHAND ELECTRICITY REGULATORY COMMISSION

Vidyut Niyamak Bhawan, Near I.S.B.T., P.O.-Majra, Dehradun-248171

Coram

Shri Subhash Kumar

Chairman

Shri C. S. Sharma

Member

Statement of Reasons for the “UERC (Tariff and Other Terms for Supply of Electricity from Renewable Energy Sources and non-fossil fuel based Co-generating Stations) (Third Amendment) Regulations, 2015”.

Statement of Reasons

INTRODUCTION

• (a) In exercise of powers conferred under Section 61(h), 86(1)(e) read with Section 181 (zp) of the Electricity Act, 2003, and all other powers enabling it in this behalf, and after previous publication, the Uttarakhand Electricity Regulatory Commission had issued the UERC (Tariff and Other Terms for Supply of Electricity from Renewable Energy Sources and non-fossil fuel based Co-generating Stations) Regulations, 2013 (hereinafter referred to as “Principal Regulations”) vide notification dated April 15^th, 2013. These Regulations provided an option to the renewable energy generator either to opt the “generic tariff” as specified in the regulations or “project specific tariff” to be determined by the Commission based on petition filed by the generator.
• (b) The Commission had proposed the draft third amendment Regulations on 13.05.2015 based on Hon’ble ATE’s judgment in Appeal No. 31 of 2015 dated 10.04.2015. While issuing the draft amendment the Commission invited comments from all stakeholders. The draft amendment covered the following:
  • i. Inclusion of Third Party model under solar rooftop or small solar system.
  • ii. Provisions for tripartite agreement between the consumer, beneficiary and third party.

Last date of submission of the comments / suggestions / objections was kept as 29.05.2015. The list of stakeholders who submitted comments is enclosed as Annexure-I. The Commission also held a hearing in the matter on 23.06.2015, list of participants is enclosed as Annexure-II.

Views of the stakeholders and analysis and decision of the Commission:

1. Definition of “Billing cycle or billing period”:

“(c1) Billing cycle or billing period” means the period for which regular electricity bills are prepared for eligible consumers by the licensee;”

Comments received

• (a) UPCL suggested that as per the prevalent norms the period of consideration will be one month for RTS-2 & RTS-7 etc. consumers, two months for domestic consumers and six months for Private Tube Well consumers. This sort of varied billing cycle will cause problems in ascertaining the net power on case to case basis especially when the monthly MRIs will be recorded. Since, in most of the months UPCL will be required to pay the Generators it is proposed to fix the billing cycle as one month and any eligible consumer who wants to be covered under the rooftop scheme needs to agree for monthly billing without any discrimination as to which category he belongs to. For the administration ease from both sides the settlement months may be fixed as January, April, July and October for all the payments and reconciliations to be made.

Analysis and Decision

• (a) UPCL has requested that in case these eligible consumers having rooftop/small solar PV generators have net import of electricity then they should be billed on monthly basis as other consumers of electricity to maintain parity as the varied billing will cause problems in ascertaining the net power on case to case basis, the Commission accepts the request and decides to allow monthly billing of eligible consumers in such cases.

UPCL has further requested that in case of net export/injection of electricity by these eligible consumers then UPCL may allowed payment of bills to these eligible consumers once in three months to facilitate the administrative ease. In this regard, representations from various eligible consumers were made during the

hearing opposing UPCL's submissions where the eligible consumers stated that they would be required to make repayment of loans and other expenses are to be incurred on a monthly basis so it would not be viable for them if the payment is made, for the power they sell, once in three months. Moreover, parity should also be maintained between the solar generators and other generators providing power to UPCL. Therefore, basic principle of recovery of monthly expenses by eligible consumers having solar rooftop plant/small solar PV should be ensured by UPCL for financial sustainability of their projects.

In this regard, Regulation 35(3) of RE Regulations, 2013 specifies as under:

“(3) Such injection from roof-top solar PV sources of the above mentioned consumer(s) shall be settled on net energy basis at the end of each billing period.”

(Emphasis Added)

Thus, from the above reading it is clear that injections from eligible consumers have to be cleared by the end of each billing period. Furthermore, reference may also be made to Regulation 45 of RE Regulations, 2013 which deals with the provisions regarding Purchase of Electricity by the Generating station/Start up Power which also provides for monthly settlements of the net energy supplied during the month. Further, considering these developers as having limited resources with them any delay in receiving the legitimate dues/payments may jeopardise their financial health. Besides such generators are also not large in number, which might cause administrative issues as pointed by UPCL, and can be monitored easily.

Based on the above discussion, the Commission decides to specify the relevant provision of the amendment regulations as under:

“(c1) Billing cycle or Billing period” means a period of one month for which electricity bills shall be prepared for each Eligible Consumers by the licensee;”

2. Definition of “Premise”:

“(cc1) “Premises” means rooftops or/and elevated areas on the land, building or infrastructure or part or combination thereof in respect of which a separate meter or metering arrangements have been made by the licensee for supply of electricity;”

Comments received

• (a) UREDA submitted that the definition of premises doesn't include wastelands/unutilized land available around the buildings/premises. In this regard, UREDA also referred to the guidelines issued by the Ministry of New and Renewable Energy (MNRE), GoI vide its order no. 30/11/2012-13/NSM dated 26^th June, 2014 and requested the Commission to include the wastelands/unutilized lands in the definition of premises, so that the wastelands/unutilized land available around the buildings/premises could also be used for generating solar power and subsequently meeting the electrical loads requirement of the premises.
• (b) UPCL submitted that the definition of premises as provided in the draft amendment regulation 2015 needs to be amended so as to conform with the definition of the premises as provided in Regulation 1.2 (1)(ii) of UERC (Supply Code) Regulations, 2007 as the present proposed definition would create contradiction as the premises is referred to the owner of the premises where as in the proposed definition of "Premises" has been provided to mean rooftops or/and elevated area on the land, building or infrastructure or part or combination thereof in respect of which a separate meter or metering arrangements have been made by the licensee for supply of electricity.

Analysis and Decision

• (a) As per the MNRE notification, premises includes unutilized space of rooftops and wastelands around buildings. In case of eligible consumers, word premises shall only include areas for which the consumer has already taken a connection from the licensee or connection has already been served. However, it shall not include the surrounding areas which are specially developed for setting up of solar PV plants and the new electricity connections is being taken later on for the purpose of said solar PV plant as it would come under the category of solar PV plant scheme of MNRE which are purely generators not on net metering concept. The intention of this scheme is completely consumer centric to promote injection of any surplus generation into the grid on net metering basis. The eligible consumer shall generate power for self consumption and remaining power shall be injected into the grid and payment for such injection of power shall be made by UPCL and in case of

requirement of power, such consumer shall purchase the same from UPCL. With respect to UREDA's suggestion that if new adjacent areas to existing consumer premises are allowed and electricity connections are taken on such areas and thereafter, solar PV plants are set up, these plants shall not be covered under Rooftop/small solar PV net metering scheme as per the RE Regulation. Therefore, the Commission denies the request of UREDA.

• (b) Moreover, regarding UPCL's request of taking the definition of premises from the Supply Code, it would be relevant to refer the same. Premises in the Electricity Supply Code has been defined as under:

““Premises” for the purpose of these Regulations means land or building or part or combination thereof in respect of which a separate meter or metering arrangement have been made by Licensee for supply of electricity;”

The definition of premises specified in the proposed draft amendment Regulations is as under:

““Premises” means rooftops or/and elevated areas on the land, building or infrastructure or part or combination thereof in respect of which a separate meter or metering arrangements have been made by the licensee for supply of electricity;”

Thus, a premise for which a connection has been provided by UPCL can be utilized for any purpose including generation of electricity in the unutilised space or even at elevated rooftops if it is within the premise for which the consumer already has a connection.

Therefore, the Commission rejects the comments and suggestions submitted by UREDA and UPCL. However, to provide more clarity, the Commission decides to modify the definition proposed in the draft Amendment Regulation as under:

“(cc1) “Premises” means the land, building or infrastructure or part or combination thereof including the rooftops or/and elevated areas owned by the Eligible Consumer;”

• 1. Amendment of Regulation 7 of the Principal Regulation:** The following proviso was proposed to be inserted after sub-regulation (2) of Regulation 7 as under:

“Provided that in case of implementation of a grid interactive roof top and small Solar PV plant, within the premises of a consumer of the Distribution Licensee, by a third party who is willing to have a direct commercial relationship with such Distribution Licensee for sale of net energy injected into the grid (i.e. after adjustment of consumption by owner of the premise), a

tripartite agreement will have to be entered into among the third party, the consumer at whose premises the solar plant is installed and such Distribution Licensee."

Comments received

• (a) UREDA submitted that the grid interactive rooftop and small solar power plant scheme of MNRE as well as of Uttarakhand State is formulated on the basis of net metering. The generated energy from the project would be first consumed by the premises load and the excess energy would then be fed into the grid. In the proposed draft amendment, UERC has allowed third party to make direct commercial relationship with distribution licensee by signing tripartite agreement between third party, consumer and distribution licensee. Therefore, UREDA requested the Commission to also include the compulsory consumption of solar power by the captive loads of consumers in the draft amendment, i.e. captive loads requirement of premises of consumers will have to be met by solar power developed by third party and only excess energy, if available, will be injected into the grid.
• (b) UPCL submitted that the proposed amendment would not be in consonance with the order dated 10.04.2015 passed by the Hon'ble ATE in appeal No. 31 of 2015 in which it was directed that the commercial agreement has to be entered with the distribution licensee and further it should be specified in the proposed definition that is the third party although does not own the premises but is owner of the plant.

Analysis and Decision

• (a) Since the whole model of rooftop/small solar is based on net metering concept and the proposed amendment regulation clearly specifies (i.e. after adjustment of consumption by owner of the premise), it is amply clear that the power shall be injected into the grid only after self consumption by the owner of the building or the premise. Therefore, the Commission finds no substance in the submissions of UREDA and does not see any specific need to amend the proposed proviso except that a word "entire" may be added prior to "consumption by owner of the premises".

(b) Moreover, UPCL's submission of specifying in the definition that the third party although does not own the premises but is the owner of the plant is also not accepted as Regulation 3(1) (mm1) already defines 'Third Party Owner' and it is amply clear from the definition itself that third party owner means a developer who is generating solar energy from a plant established in the premises but does not own the premises, and who has entered into a lease/commercial agreement with the premises owner. Therefore, the Commission rejects the request and does not find any reason to amend the proposed Proviso except word "it" may replace "a" in the sentence as the word "its" shall depict ownership of the plant in the definition of third party owner. The word "its" is being inserted to make the definition unambiguous and provide clarity.

4. Amendment of Regulation 35 of the Principal Regulation: Amended in sub-regulations (2), (3), (4) & (5) of Regulation 35 was proposed as under:

(2) "Roof-top Solar PV sources can be installed for injecting into the distribution system of a licensee by any eligible consumer.

Provided, the maximum Rooftop PV Solar Power Plant capacity to be installed at the premises of any Eligible Consumer shall not be more than 80% of the sanctioned connected load/contract demand of such eligible consumer.

(3) Such injection from roof-top solar PV sources owned by the consumer(s) or by third party shall be settled on net energy basis at the end of each billing period.

(4) The tariff, as per tariff orders of the Commission, in respect of the supply of electricity to the consumers by the distribution licensee shall be applicable for the net energy supplied by the licensee in a billing period if the supplied energy by the licensee is more than the energy injected by the roof-top solar PV sources of the consumer(s) or by third party.

(5) If in a billing period the supplied energy by the licensee is less than the energy injected by the roof-top solar PV sources of the consumer(s) or the third party, the licensee would be billed at the generic tariff as may be specified by the Commission for excess energy supplied to it."

Comments received

(a) UREDA requested the Commission to remove the ceiling of up to 80% of the sanctioned connected load/contract demand of eligible consumer on the maximum capacity of Rooftop and Small Solar PV power plant as such a ceiling

would make the project financially unviable for the consumers and removing such a ceiling is necessary in order to encourage consumer for installation of rooftop and small solar power plant in the State of Uttarakhand. The energy charges in states which have fixed the ceiling on the maximum capacity of the rooftop solar plant are nearly equal to the per unit generation cost of solar PV power plant. However, in the State of Uttarakhand, energy charges are substantially lower than the per unit generation cost of solar PV power plant.

• (b) On the other hand UPCL welcomed such a ceiling of 80% of the sanctioned load/contract demand of such eligible consumer considering that it will ensure the proper evacuation infrastructure before allowing for the requested generation and hence would take care of all the technical constraints first hand. Considering that there is no restriction, as per any provisions of different regulations in the state, on the Consumer to seek any load higher than the connected load in the premises it would be an easy option to adjust the Sanctioned load as per the desired Generation capacity. For any enhancement in load by Consumer, as per the backward linkage, a suitable enhancement in capacity is simultaneously required not only at the Source Station but also in the transmission and distribution network. Further, UPCL requested that for optimal utilization of resources minimum energy consumption needs to be fixed, which can be 20% of the generating energy of solar plant in a billing cycle or actual usage in the same billing cycle whichever is higher, which a generating plant is required to consume in a billing period. In support of this request following example was elaborated:

“PTW Consumers can opt for a Solar PV plant wherein solar panels can be installed in the agricultural land. Let some eligible Consumer opt for a Generation plant of 80 kW but has a sanctioned load of 5 HP only under PTW category for irrigation needs of the land. As per the requirement proposed in draft amendment, for installing an 80 kW small Solar PV plant Consumer is required to have a connected load of 100 KW. Now as per the prevalent Rules and Regulations a Consumer is free to seek 100 KW under PTW category and for that UPCL needs to provide a separate 250 KVA transformer. It is certain that self consumption in this case would be negligible compared to the generation and hence the net off of energy would be pretty much one sided. It is quite clear that misuse of above amendment is very much expected in the light of Commercial mentality

and hence the basic guiding principle of leftover power after self use or net off power would be mocked off.

To curb this misuse a nominal, i.e. 20% self use minimum energy clause needs to be added as it will not hurt the genuine consumers considering their self use energy would be much higher than just 20% of generating energy in case their generating capacity would be 80% of the genuine sanctioned load.”

Analysis and Decision

• (a) Promotion of renewable energy generation is the sole mandate of the RE Regulations and the Commission agrees to the submissions made by UREDA that fixing a Rooftop/small solar PV plant capacity ceiling at 80% of the contracted/sanctioned load of the consumer of the licensee, the sole mandate of the Regulation shall be defeated as the same would discourage the generation through solar rooftop sources. If the ceiling is fixed at 80% the consumers shall not be able to generate any saleable energy since inherently solar PV plants have very low CUF i.e. around 19%. Further, the electricity tariffs in the State of Uttarakhand are lower as compared to the other States, hence, the only attraction for the consumers in installing solar rooftop plants would be sale to the grid and hence, the ceiling of 80% would act as a deterrent to it. The Commission also rejects UPCL's explanation for retaining a ceiling of 80% as UPCL will have to ensure proper evacuation and take care of technical constraints. It is a mandate of the Electricity Act that the licensee has to develop and maintain evacuation infrastructure and by such request the licensee cannot evade its responsibility of developing and maintaining an evacuation system. Also, under this 80% ceiling provision, third party model will become completely unviable if the whole generation is consumed by the owner of the premises itself. Also there is a huge rate differential as power tariffs are quite low in the state of Uttarakhand as compared to solar power tariff and fixing such a ceiling or a minimum consumption clause shall discourage the rooftop/small solar PV models as it would not be financially viable. The Commission observes that, plant capacity allocated to project developers are in the range of 10-500 kW, i.e. maximum capacity is 500 kW. Moreover, the Commission also observes that MNRE vide its

guideline dated 26.06.2014 has prescribed the maximum capacity of grid-connected rooftop solar plants as following:

“3.2 The grid connected rooftop solar photovoltaic power generation plants up to a maximum capacity of 500 kWp per project/system to generate electricity/power would be eligible under the Programme. The minimum capacity of 1.0 kW would be eligible under this programme. The programme may be implemented in Urban and Rural Areas as well. The programme encourages installation of rooftop solar photovoltaic power generation plant for self-consumption as well as supply/sale of electricity to the grid.”

In view of the above provision specified by MNRE the Commission also decided to limit the capacity of such plants as 500 kWp so as to ensure eligibility of plants to avail benefits of the MNRE's scheme.

• (b) Rooftop models/small solar PV plants are primarily based on generation for self consumption, i.e. 100% need of the consumer shall be met by the rooftop generation and any excess generation shall be injected into the grid. UPCL has requested to fix minimum energy consumption at 20% so as to curb misuse of the promotional facility under the regulations. The Commission is of the view that specifying a minimum 20% self use energy would not be relevant for rooftop model. During the current proceeding the Commission observed that certain project developers have been allocated project with a capacity much higher than their sanctioned load suggesting relatively very little quantum of energy consumption from such plants leading to nearly 100% injection of energy into the grid. This proposition would lead to a situation as if such plants are generating power only for sale to distribution licensee and would in turn defeat the purpose of net metering as there would be negligible adjustment of energy consumed by eligible consumers. This will also mean, factually, no difference between normal PV plants and these special category plants. In order to avoid such a situation and to encourage use of self-generated power by such eligible consumers the Commission has decided to limit the billing of energy generated from such plants as 95% of actual energy generated during a billing period. By doing so, preliminary objective of net-metering would remain in existence. However, if injection of energy from such plants is higher than the 95% of actual energy generated during a billing period excess net energy (net energy - 95% of actual

energy generated) shall be paid at the lowest base slab of energy charges prescribed in the Rate Schedule for the said Eligible Consumer.

• (c) Therefore, the Commission accepts the suggestion made by UREDA and other consumers present in the hearing and agree to remove the proposed ceiling of 80% of the sanctioned connected load/contract demand of such eligible consumer. However, as discussed above maximum capacity of such plants installed by eligible consumer shall be upto 500 kWp.
• (d) Based on the above discussion, the Commission decides to remove the proposed proviso to sub-Regulation (2) of Regulation 35. The revised amendment shall be as following:

Amendment of Regulation 35 of the Principal Regulation: sub-regulations (2), (3), (4) & (5) of Regulation 35 shall be amended as under:

“(2) Roof-top Solar PV sources can be installed for injecting into the distribution system of a licensee by any Eligible consumer.

Provided, the maximum installed capacity of rooftop PV solar power plant & small solar PV plant at the premises of eligible consumer shall not be more than 500 kW.

(3) Injection from roof-top solar PV sources owned by the Eligible consumer(s) or by third party shall be settled on net energy basis at the end of each Billing period.

Provided, such net energy shall not be more than 95% of the actual energy generated in the said Billing Period.

Provided, where the net energy injected exceeds 95% of the actual energy generated in a Billing Period, such excess net energy (net energy - 95% of actual energy generated) shall be paid at the lowest base slab of energy charges prescribed in the Rate Schedule for the said Eligible Consumer.

(4) The tariff, as per tariff orders of the Commission, in respect of the supply of electricity to the consumers by the distribution licensee shall be applicable for the net energy supplied by the licensee in a billing period if the supplied energy by the licensee is more than the energy injected by the roof-top solar PV sources of the consumer(s) or by third party.

Provided that such eligible consumer shall, however, be exempted from payment of monthly minimum charges or monthly minimum consumption guarantee charges or any other charges.

Provided further that no open access charges including surcharges shall be leviable on such eligible consumers for the captive use of power.

(5) If in a billing period the supplied energy by the licensee is less than the energy injected by the roof-top solar PV sources of the consumer(s) or the third party, subject to provisions in sub-Regulation (3) above, the licensee would be billed at the generic tariff as may be specified by the Commission for such net energy supplied to it."

5. Amendment of Regulation 42 of the Principal Regulation: Following sub-regulations were proposed to be added after sub-regulation (4) of Regulation 42:

"

• (5) In the interconnection of roof top PV solar energy generator with the local distribution licensee's grid, the relevant provisions of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 as amended from time to time shall apply.*
• (6) The roof top PV solar energy generator shall be responsible for safe operation, maintenance and rectification of defect of its system up to the interconnection point beyond which the responsibility of safe operation, maintenance and rectification of any defect in the system including the net meter shall rest with the distribution licensee.*
• (7) The consumer shall be solely responsible for any accident to human being/ animals whatsoever (fatal/nonfatal/departamental/non-departamental) that may occur due to back feeding from the solar plant when the grid supply is off. The distribution licensee reserves the right to disconnect the consumer's installation at any time in the event of such exigencies to prevent accident or damage to man and material."*

Comments received

• (a) UPCL submitted that proposed sub-regulation 7 should be amended so as to provide right to the distribution licensee for recovering the cost of damages to the material of the distribution network caused by such back feeding from the solar plant and further the word consumer in the proposed amendment should be replaced by "eligible consumer" so as to include the third party also.

Analysis and Decision

• (a) Sub-regulation 7 clearly states that the consumer shall be solely responsible for any incident/accident to human being/animals/damages to licensee material whatsoever that may occur due to back feeding from the solar plant when the grid

supply is off. Hence, it will be the duty of the consumer to compensate for the cost of not only the damages to the material of the licensee but also compensate for the life of any human being/ animals in case of such accidents.

• (b) The Commission also agrees to the UPCL's suggestions of replacing the word "consumer" by "eligible consumer".
• (c) Further, consequent upon amendment in sub-regulation 35(2) as above wherein, maximum capacity of rooftop solar PV & small Solar PV has been specified as 500 kW, amendment in sub-regulation 42(1) has also been made.
• (d) The Commission also observes that regulations provide that expenditure on switch gear, metering arrangement and protection are to be borne by the owner of such plants, and however, no such provisions have been made for installation of check meters. The Commission is of the view that in line with provisions made in other regulations (e.g. Open Access Regulations, 2015) cost of check meter and related equipment should be borne by the licensee. Accordingly, provision of installation of check meter has also been made in sub-regulation 42(4) of the principal regulations.
• (e) Accordingly, the Regulation 42 of the Principal Regulation shall be read as:

"42. Connectivity and Metering arrangement for grid interactive roof top and small solar PV plants

• (1) Roof-top Solar PV sources shall be allowed connectivity at the following voltage level in the distribution system of the licensee:

  • (i) Load upto 4 kW: low voltage single phase supply
  • (ii) Load >4 kW and upto 75 kW: low voltage three phase supply
  • (iii) Load >75 kW and upto 500 kW: at 11 kV

• (2) If any dispute arises about connectivity of such sources with the grid, the matter shall be referred to the Commission whose decision in this regard shall be final.

• (3) Supply of electricity to the consumer(s) from the licensee's sources and that to the licensee's distribution system from the roof-top Solar PV sources shall be measured either by two separate meters, the readings of which shall be used in each billing period for settlement on net basis or alternatively by an export-import type meter suitable for directly measuring the net exchange.

• (4) The cost of switch gear, metering and protection arrangement at generator end shall have to be borne by the owner of solar generators. However, Check Meter with same specification as that of Main Meter shall be provided by distribution licensee.

• Provided, Check Meter and related equipments can be procured by such plant owner. However, the cost of Check Meter shall be refunded by the licensee to such plant owner.*

• (5) In the interconnection of roof top PV solar energy generator with the local distribution licensee's grid, the relevant provisions of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 as amended from time to time shall apply.

• (6) The roof top PV solar energy generator shall be responsible for safe operation, maintenance and rectification of defect of its system up to the interconnection point beyond which the responsibility of safe operation, maintenance and rectification of any defect in the system including the net meter shall rest with the distribution licensee.

• (7) The eligible consumer shall be solely responsible for any accident to human being/ animals whatsoever (fatal/nonfatal/departmental/non-departmental) that may occur due to back feeding from the solar plant when the grid supply is off and shall bear the cost of not only the damages to the material of the licensee but also compensate for the life of any human being/ animals in case of such accidents. The distribution licensee reserves the right to disconnect the consumer's installation at any time in the event of such exigencies to prevent accident or damage to man and material."

6. Additional Submissions:

a) Regarding applicability of Open Access on rooftop and small solar PV power plant

UREDA requested the Commission to also clarify the applicability of open access on grid interacted rooftop and small solar PV power plant in the proposed amendment of principal regulations.

Analysis and Decision

• (a) Open access shall not be applicable to grid interactive rooftop and small solar PV power plants as the energy is being consumed by the owner of the premises and the excess is being sold to UPCL. Furthermore, no open access charge is leviable if distribution/transmission system is not used by the electricity consumer of licensee through Open Access. Moreover, to promote generation through grid interacted

rooftop or small solar PV power plants, the Commission decides that no open access charges shall be leviable on such consumers including cross subsidy surcharge. Moreover, such consumers shall also be exempted from payment of monthly minimum charges or monthly minimum consumption guarantee charges or any other charges as their entire energy requirement would be met out of their generation.

Hence, the following provisos have been inserted after sub-Regulation 4 of Regulation 35:

“Provided that such eligible consumer shall, however, be exempted from payment of monthly minimum charges or monthly minimum consumption guarantee charges or any other charges.

Provided further that no open access charges including surcharges shall be leviable on such eligible consumers for the captive use of power.”

b) Regarding Solar Renewable Purchase Obligation on the obligated entities

(a) UREDA requested the Commission to increase the Solar Renewable Purchase Obligation. However, the Commission observes that vide the existing RE Regulations, 2013 having control period of five years, wherein, RPO targets have been specified for the control period to be complied by the obligated entities. Upward revision of the RPO targets for distribution licensee and other obligated entities in the State shall not be a plausible measure keeping in view of the ground reality that these obligated entities are not able to meet the present targets of RPO. Accordingly, the Commission is of the opinion that revising the said targets would create an extra burden on the obligated entities. Furthermore, the proviso to sub-Regulation 1 of Regulation 9 specifies that if the energy from renewable and non-conventional sources of energy becomes available, over and above the specified RPO, the generator or the obligated entity shall approach the Commission. Hence, the Commission may review the RPO's when such situation comes.

1. Accordingly, the Commission has decided to issue the Amendment Regulations.

By the order of the Commission

(Neeraj Sati)
Secretary

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