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In a recent judgement, Uttar Pradesh Electricity Regulatory Commission (UPERC) has sought to clarify the issue of banking of power by generators in the state.

Amrit Bottlers Private Limited set up a 10 MW solar plant in Uttar Pradesh, which was commissioned in October 2020. Out of the total 10 MW capacity, 6 MW was for Amrit Bottlers’ own captive use and the remaining 4 MW was for being sold either on power exchanges, i.e. Indian Energy Exchange (IEX) and Green Term Ahead Market (GTAM), or to third party customers.

The developer approached UPERC seeking clarification that the Time of Day (TOD) structure as per tariff orders do not apply to the provision of banking facility according to UPERC (Captive and Renewable Energy Generating Plants), 2019. Amrit Bottlers requested the commission to allow the withdrawal of power banked during the quarters of January 2021 to March 2021, April 2021 to June 2021, and thereafter, in corresponding Q+2th quarter.

In its petition, developer also requested UPERC to restrain the respondents [Uttar Pradesh Power Corporation Limited, Uttar Pradesh State Load Dispatch Center, Madhyanchal Vidyut Vitran Nigam Limited, UPNEDA] denying banking facility and withdrawal of banked energy based on the TOD structure as provided in the tariff orders issued in 2017 and 2018.

The commission observed that the issues related to TOD slots, peak and off-peak hours for the banking of power, and the requirement of open-access for the withdrawal of banked energy in its orders in response to similar petitions. As per the directions in those orders, there is no requirement for short-term open access for the withdrawal of banked energy.

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Further, SLDC submitted before UPERC that no request was made to it for providing tabs of withdrawal of banked energy on EASS portal as per the clarification of UPPCL.

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UPERC ruled, “The petitioner could withdraw its banked power and appropriate treatment is required only for the power banked during Jan 21 to March 21 only for which period of withdrawal has elapsed.”

“The petitioner always had the option of withdrawal of banked energy during four slots…however, the petitioner could not satisfy the commission that appropriate steps were taken and there was denial by SLDC.”

The commission also observed that UPPCL made no submission during the hearing and requested to be granted some time for the same. Thus, UPERC granted three weeks of time to UPPCL and one week thereafter to Amrit Bottlers to file the rejoinder.

“UPPCL should clearly specify the treatment that should be done for the energy banked during Jan 21 to March 21,” ruled UPERC. In case no submission is made, the commission would go ahead and address the matter appropriately.