Change in Law

A Delay Foretold. How MSEDCL Delayed a 500 MW RE Project Involving Tata Power

In looking at the orders of regulators at the state and national level (CERC and APTEL), one is regularly surprised at how common sense is regularly abandoned in favour of abundant precaution. Among state entities like discoms, the fear of being seen as biased trumps everything when it comes to a project. Be it the […]

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Aptel Nod For CERC Jurisdiction In Case Between AP Discoms, SECI and Others

In an interesting order, the Appellate Tribunal for Electricity (APTEL), has ruled on a dispute between the Andhra Pradesh discoms (Southern Power Distribution Company of Andhra Pradesh and Eastern Power Distribution Company of Andhra Pradesh) and the Central Electricity Regulatory Commission (CERC). The case involved a claim by SECI for GST compensation from the discoms, […]

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CERC Orders MPPMCL & DMRC to Compensate ACME Solar

Following the Central Electricity Regulatory Commission’s (CERC) decision pronouncing that solar developers are entitled for compensation in lieu of greater expenses incurred ever since the GST was introduced, solar developer ACME Jaipur Solar Power has asked the Commission to give MPPMCL and DMRC instructions on how to pay the late payment and rate.  The Central […]

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CERC Relents, Allows GST Compensation On O&M Expenses To Azure Power, Others

In a key development, the Central Electricity Regulatory Commission (CERC) has finally relented, and ruled in favour of GST compensation for a clutch of developers in seven cases (5 of which involve Azure Power owned entities). The issue has been contested around the treatment of GST on O&M (Operations and maintainence) contracts of solar projects […]

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APTEL Permits Adani Green To Claim Carry Costs Based On Change In Law Interpretation

After facing rejections at the Central Electricity Regulatory Commission (CERC) and State Electricity Regulatory Commission’s (SERCs), Adani Green Energy had something to celebrate early this week when the Appellate Tribunal For Electricity (APTEL) permitted their plea for allowing carrying cost pass-through under the “Change in Law” definition of most PPAs. The Tribunal ordered CERC to […]

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Govt Mulls Law To Privatise Lithium Mining For Battery Production

The Union Government may introduce a change in the law to permit private miners extraction of Lithium, a crucial component of batteries used in electric vehicles, without which, energy independence in green technologies is difficult to achieve. It is being said that the Modi government aims to change current laws during the current session of […]

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CERC Allows ACME Petition To Qualify Entry Tax As Change In Law

The Central Electricity Regulatory Commission allowed on June 29 the petition moved by ACME praying for declaring the Entry Tax as Change In Law defined in the statutes. The three judges panel of I. S. Jha, Arun Goyal and P. K. Singh, also ordered the stay of collection of entry tax pursuant from the petitioner […]

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CERC Favors Mahindra Renewables in Dispute With MPPMCL and DMRC

The Central Electricity Regulatory Commission (CERC) recently gave a judgement in favour of Mahindra Renewables Private Limited, accepting most of its pleas for compensation from M.P. Power Management Company Limited (MPPMCL) and Delhi Metro Rail Corporation (DMRC) on account of a ‘Change in Law’ event in the power purchase agreement (PPA) executed among the three […]

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MoP Notifies Rules for Timely Recovery of Costs due to ‘Change in Law’

The Ministry of Power (MoP) has notified a new rule for the sustainability of the electricity sector and promotion of clean energy to meet the India’s commitment towards climate change, states a press release. MoP said that investors and other stakeholders in the power sector were concerned about the timely recovery of the cost due […]

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