One of the most important infrastructural components for national well-being and economic success is power. To ensure that the Indian economy continues to grow, adequate electrical infrastructure must currently exist and be increased. The country’s electricity demand has risen significantly and is likely to rise further in future years.
Massive increases in installed producing capacity are required to fulfil the country’s growing power consumption. India boasts one of the world’s most varied electricity industries. Wind, solar, and domestic and agricultural waste are examples of reliable non-conventional sources, as are coal, lignite, natural gas, oil, and nuclear power. Companies in the energy sector explore, produce, refine, market, store, and transport oil and gas, coal, and other consumable fuels. The energy sector also includes businesses that provide equipment to the oil and gas industries.
King Stubb & Kasiva has been representing several reputed Power System Operators, Energy Production Companies, Energy Supply Companies, and Distribution System Operators in India and providing them a wide array of services. Our services encompass both advisories as well as litigation-related matters.
The Firm represents a broad range of clients that are involved with energy & power, including:
Drafting Terms Sheets and Transactional Documents
We undertake drafting of term sheets and transactional documents, related to borrowing from banks, financial institutions including drafting of financing agreements, inter-creditor issues, Security Trustee Contracts, and Share Pledge Agreements.
Plant Establishments
Advisory while Establishing power generation plants including both conventional and renewable model.
Mergers & Acquisitions
Assisting in building your Business Valuation for M&A proposals & Funding Strategies.
Market Analysis
Providing Capital Market analysis, Leveraged Finance & Lending.
Compliance and Regulation
Aiding in complying with the current laws and regulations in the matters of taxation, foreign investment, regulations etc.
The Electricity Act, 2003 regulates the generation, transmission, distribution, and trading, as well as the rate of sale of electricity and serves as the main legislative framework for India's electricity sector. The Energy Conservation Act of 2001 offers a legal framework in India for the effective and efficient use of energy. The Petroleum and Natural Gas Regulatory Board Act 2006 requires Liquified Natural Gas installations to be registered.
The Central Electricity Authority is a statutory institution that advises the Indian government on policy, safety regulations, and technical standards, according to the Electricity Act. When the Central Electricity Regulatory Commission and State Electricity Regulatory Commissions develop laws, the Government of India sets policies such as the National Electricity Policy to serve as a guideline. Regulatory commissions have been established at the federal and state levels to oversee and govern energy production, distribution, and transmission. They are self-governing organizations that carry out the responsibilities stipulated in the Electricity Act.
The Indian government launched the pan-India Real-Time Market (RTM) for electricity in June 2020. Through concurrent competitive bidding, it lets buyers (including distribution corporations) and sellers transact in electricity in real-time. Electricity trading sessions on the RTM last 30 minutes. Trades are conducted through a two-sided, uniformly priced closed auction. Once bids are submitted to the electricity exchange, they cannot be modified, which is another gate shutting.
The Ministry of Power issued the 2018 Guidelines for Import/Export (Cross-Border) of Electricity. Mutual agreements between Indian and neighbouring nation entities may authorize the import and export of electricity between India and its neighbouring countries, within the overall framework of agreements signed between India and its neighbouring country and the applicable law. Furthermore, any organization that wants to import or export electricity must first obtain permission from the proper government. On May 14, 2019, the CERC issued the CERC (Cross Border Trade of Electricity) Regulations 2019 (CBTE Regulations) following the 2018 Guidelines. The CBTE Regulations apply to entities seeking authorization from an authorized authority to engage in cross-border electricity trade.
One of the main goals of the National Tariff Policy is to increase power generation from renewable energy sources, which is also encouraged by the Electricity Act. As a result, one of the functions of State Electricity Regulatory Commissions under the Electricity Act is to promote co-generation and renewable energy generation.
Furthermore, the Indian government abolished inter-state transmission (ISTS) taxes and losses on the transmission of electricity generated by solar and wind projects (for sale to companies) until June 30, 2023. Eligible power stations are no longer required to pay ISTS costs or losses for 25 years from the date of commissioning. The exemption applies to power plants that use solar and wind energy, as well as solar-wind hybrid power plants.
