The Appelate Tribunal (ApTel) gave its judgment in a petition filed by various association asking the Aptel to give directions to the State Electricity Regulatory Commissions (SERCs) to comply with RPO regulations.
The order is likely to make the routine carry forward and waiver of RPO that has been observed in the last few years much more difficult.
The ApTel has observed that several SERCs are not complying with the RPO regulations. The order states:
“While we accept that a number of State Commissions have been monitoring the compliance of the RPO Regulations by the obligated entities as per their Regulations, in some States it is not being done regularly. We find that some State Commissions do not have compliance status even for FY 2012-13. Some State Commissions have not responded to the notice and have not filed any response. It is also borne out by submissions made by Ministry of New and Renewable Energy and the Central Commission that many obligated entities have not been fulfilling their RPOs and are also not resorting to purchase of REC which has been provided for in the Regulations as a valid instrument for fulfilling the RPO. Some of the State Commissions have been allowing carry forward of the RPO even though RECs are available, in violation of their own Regulations.”
In the order, the ApTel gave several directions to the SERCs:
- Directions have been given regarding the setting up of RPO and regular review of the same
- Carry forward and review shall be done as per the RPO regulations. The order further states:
“If the Regulations recognise REC mechanism as a valid instrument to fulfill the RPO, the carry forward/review should be allowed strictly as per the provisions of the Regulations keeping in view of availability of REC”
“In case of default in fulfilling of RPO by obligated entity, the penal provision as provided for in the Regulations should be exercised”
- Power to relax and remove difficult should be used judiciously. The order states:
“The provisions in Regulations like power to relax and power to remove difficulty should be exercised judiciously under the exceptional circumstances, as per law and should not be used routinely to defeat the object and purpose of the Regulations”
The ApTel order can be read here.