Regulatory Decision: Withdrawal Of 9 MW Wind-Solar Hybrid Project Petition In Gujarat

Posted On - 3 August, 2024 • By - King Stubb & Kasiva

Summary

Jubilant Infrastructures Limited (JIL) filed a petition with the Gujarat Electricity Regulatory Commission (GERC) seeking approval to deviate from the Ministry of Power’s (MoP) guidelines for procuring electricity from grid-connected wind-solar hybrid projects.[1] JIL’s project was 9.0 MW, falling below the 10 MW threshold specified in the MoP guidelines. The GERC initially directed JIL to seek approval from the State Government for the deviation. However, the State Government clarified that the MoP guidelines were not applicable to projects below 10 MW. Consequently, JIL’s petition became unnecessary, and they withdrew it.

Case Timeline

  • 12th June 2024: The matter was presented for hearing.
  • 2nd March 2024: A hearing was held, and the Commission issued a Daily Order on 16th March 2024.
  • 20th March 2024: JIL informed the Commission that they had sought approval from the Government of Gujarat for the deviation.
  • 18th March 2024: The Government of Gujarat clarified that the project did not fall under the MoP guidelines due to its size.
  • 1st May and 7th June 2024: JIL informed the Commission about initiating the tendering process.
  • 2nd July 2024: The GERC allowed the withdrawal of the petition.

Issues Raised

The primary issue was whether JIL required approval for deviations from the MoP guidelines for their 9.0 MW wind-solar hybrid project, considering the guidelines applied to projects 10 MW and above.

Appellant’s Arguments

  • JIL initially sought approval for deviations from the guidelines to accommodate their 9.0 MW project.
  • They later argued that approval was unnecessary as the project size was below the threshold specified in the guidelines.

Respondent’s Arguments (Government of Gujarat)

  • The Government of Gujarat clarified that the project did not fall under the purview of the MoP guidelines due to its size.

Order

The GERC permitted JIL to withdraw Petition No. 2334 of 2024, acknowledging that the project did not require approval for deviations as it was smaller than the size specified in the guidelines.

Analysis

This case underscores the importance of understanding the applicability of regulatory guidelines. JIL initially sought approval for deviations but later realized that the guidelines were not relevant to their project due to its size. This case serves as a reminder for project developers to carefully assess the relevance of guidelines before seeking approvals, potentially saving time and resources. It also highlights the role of regulatory bodies like the GERC in providing clarity and guidance on such matters.

[1] https://gercin.org/wp-content/uploads/2024/07/2334-of-2024-Jubilant-Infrastructures-Limited88.pdf