Author: PPD Team Date: 26/03/2025
APTEL dismisses Ranee Polymers and Hindustan Gum & Chemicals’ appeal challenging HERC order
The Appellate Tribunal for Electricity (APTEL) has dismissed the appeals filed by Ranee Polymers Private Limited (Appeal No. 61 of 2022) and Hindustan Gum & Chemicals Limited (Appeal No. 62 of 2022) against the Haryana Electricity Regulatory Commission (HERC) order dated December 17, 2019.
The appellants challenged HERC’s ruling that compliance with the amended Regulation 42 of the HERC (Terms and Conditions for Grant of Connectivity and Open Access for Intra-State Transmission and Distribution System) Regulations, 2012, is mandatory. The commission had also found them guilty of failing to provide the required information to Dakshin Haryana Bijli Vitran Nigam Limited (DHBVN) within the stipulated timeframe.
APTEL ruled that HERC had deliberately used the word “shall” in the amended Regulation 42, indicating that compliance was not optional but mandatory for open access consumers. It also noted that the regulations specify consequences for non-compliance.
In this case, the appellants failed to provide the required power schedule information on time. As a result, they were liable to pay twice for the scheduled power—once to the exchange from where it was procured and again to the distribution licensee. However, APTEL observed that instead of imposing penalties, HERC had taken a lenient approach and provided relief to the appellants. Since the commission’s decision already addressed the appellants’ arguments, APTEL found no merit in the appeals and dismissed them.
Petition No: APPEAL No. 61 OF 2022 & APPEAL No. 62 OF 2022 | Read the full order here.
APTEL partly approves MePDCL’s appeal challenging MSERC order
The Appellate Tribunal for Electricity (APTEL) has partly approved the appeal filed by Meghalaya Power Distribution Corporation Limited (MePDCL) against the Meghalaya State Electricity Regulatory Commission (MSERC) order dated March 31, 2015. The appeal pertains to the true-up of expenses and revenue for FY 2011-12, the determination of aggregate revenue requirements for FYs 2015-16, 2016-17, and 2017-18, and the determination of retail tariff for FY 2015-16. It also challenges MSERC’s August 11, 2015 order, which dismissed MePDCL’s review petition against the tariff order.
APTEL upheld MSERC’s findings on power purchase costs, collection efficiency calculations, and interest on loans, finding no infirmities. However, it set aside the commission’s findings on prior period charges and remanded the issue for fresh consideration, directing MSERC to examine the detailed data and justifications submitted by MePDCL.
Additionally, APTEL set aside MSERC’s findings on the return on equity and directed the commission to reconsider the matter after factoring in equity additions. These additions resulted from the transfer of assets from the erstwhile Meghalaya State Electricity Board to MePDCL under the Government of Meghalaya’s transfer scheme.
Petition No: APPEAL No. 46 OF 2016 | Read the full order here.
UERC rejects review petition by Galwalia Ispat Udyog and KGCCI
The Uttarakhand Electricity Regulatory Commission (UERC) has rejected the petition filed by Galwalia Ispat Udyog Private Limited and Kumaun Garhwal Chamber of Commerce & Industry (KGCCI) seeking a review of its order dated September 30, 2024. The order pertains to the determination of additional surcharge under the UERC (Terms and Conditions of Intra-State Open Access) Regulations, 2015, to cover the fixed costs of Uttarakhand Power Corporation Limited (UPCL) for supplying electricity to open access consumers from October 1, 2024, to March 31, 2025.
The commission noted that the petitioners had based their request on an alleged “error apparent on the face of the record.” However, despite multiple submissions and arguments, they failed to demonstrate any such error. UERC clarified that mere disagreement with a decision does not justify a review, which has a limited scope. If the petitioners seek reconsideration of the facts and evidence, they may file an appeal instead of a review petition.
Finding the arguments misconceived and lacking substance, the commission deemed the petitions non-maintainable and rejected them.
Petition No: Misc. Application No.: 140 of 2024 & Misc. Application No.: 141 of 2024 | Read the full order here.
GERC sets additional surcharge for open access consumers at Rs 0.82 per kWh
The Gujarat Electricity Regulatory Commission (GERC) has issued an order on the additional surcharge payable by open access consumers for the period from April 1, 2025, to September 30, 2025.
Gujarat Urja Vikas Nigam Limited (GUVNL) submitted data certified by the state load despatch centre and a Chartered Accountant, as required by GERC’s order dated August 30, 2022. Based on the analysis and the prescribed formula, the additional surcharge has been set at Rs 0.82 per kWh for the specified period.
While determining the surcharge, the commission adjusted the energy supplied to the general body of consumers from scheduled energy for transmission and distribution (T&D) losses. The lower of the two values was considered:
- Normative T&D losses approved for FY 2024-25: 14.59%
- Latest trued-up T&D losses for four state discoms (FY 2022-23): 14.89%
Additionally, a 6.71% network-related cost was factored in, representing the portion of demand charges paid by open access consumers.
The surcharge of Rs 0.82 per kWh will apply to consumers of the four state-owned discoms—Dakshin Gujarat Vij Company Limited, Madhya Gujarat Vij Company Limited, Paschim Gujarat Vij Company Limited, and Uttar Gujarat Vij Company Limited—who procure power through open access from sources other than their respective discom.
Petition No: 01 of 2025 | Read the full order here.
UERC partly approves UPCL’s petition on fuel and power purchase cost adjustment
The Uttarakhand Electricity Regulatory Commission (UERC) has partly approved Uttarakhand Power Corporation Limited’s (UPCL) petition for fuel and power purchase cost adjustment (FPPCA) for the quarter ending September 2024.
The commission accepted UPCL’s computation of the approved average power purchase cost at the state periphery as Rs 5.03 per kWh, in line with its previous order dated December 9, 2024. No modifications were made to this rate for FY 2024-25. The commission found UPCL’s FPPCA calculations for the second quarter to be in accordance with regulations and approved an FPPCA of Rs (-) 2240.2 million, which will be trued up based on audited accounts for FY 2024-25.
However, UERC noted that the Rs 187.9 million over-recovered by UPCL could not be verified due to the absence of audited commercial statements. As an interim measure, the commission allowed UPCL to adjust this amount along with the FPPCA for February 2025, which will be billed in May 2025 based on April 2025 consumption. UPCL has been directed to maintain a separate record for these recoveries.
Petition No: 28 of 2025 | Read the full order here.
WBERC approves WBSEDCL’s tariff application for FY 2023-24 to FY 2025-26
The West Bengal Electricity Regulatory Commission (WBERC) has issued an order on the tariff application of West Bengal State Electricity Distribution Company Limited (WBSEDCL) for the financial years 2023-24, 2024-25, and 2025-26.
The commission has decided that the tariff for erstwhile DPL consumers and other WBSEDCL consumers will remain unchanged for FY 2024-25, maintaining the same rates as in FY 2023-24. As per a Government of West Bengal notification, erstwhile DPL consumers will continue paying at the DPL tariff until further notice.
The tariff determination details for WBSEDCL, excluding erstwhile DPL consumers, are as follows:
Petition No: CASE NO: TP- 98/22-23 | Read the full order here.
UPERC allows UPPCL to roll over RPO shortfall and vacates Rs 72.45 billion deposit order
The Uttar Pradesh Electricity Regulatory Commission (UPERC) has issued an order on Uttar Pradesh Power Corporation Limited (UPPCL)’s petition seeking relaxation of Regulation 7 concerning the implementation of the Renewable Purchase Obligation (RPO) Regulatory Fund.
The commission has vacated its previous directive requiring UPPCL to deposit Rs 72.45 billion in the RPO fund/account. Exercising its power under Regulation 18 of the RPO Regulations, UPERC has allowed UPPCL to roll over its entire RPO shortfall from the previous year to FY 2024-25. The shortfall must be addressed in a phased manner, with UPPCL required to achieve 25 percent, 35 percent, and 40 percent of the cumulative shortfall by the end of FY 2024-25 in the subsequent three financial years—FY 2025-26, FY 2026-27, and FY 2027-28—along with meeting the annual RPO targets set under the prevailing regulations.
The commission has further clarified that RPO compliance in FY 2025-26 will first be adjusted against the 25 percent backlog before meeting the annual RPO target. Any excess or shortfall will be carried forward to the next financial year, continuing until the full shortfall is met or until the end of FY 2027-28, whichever is earlier. Any remaining shortfall will have to be met through the purchase of renewable energy certificates as an alternative compliance mechanism.
Petition No: 1565 of 2020 | Read the full order here.
UPERC approves waiver of UPPCL’s RPO backlog till FY 2020-21 due to COVID-19 impact
The Uttar Pradesh Electricity Regulatory Commission (UPERC) has approved Uttar Pradesh Power Corporation Limited (UPPCL)’s petition seeking a waiver of its Renewable Purchase Obligation (RPO) backlog till FY 2020-21 due to the impact of the COVID-19 pandemic.
The commission had earlier directed UPPCL to submit an affidavit detailing the renewable energy units required to be purchased, actual procurement, total shortfall, and efforts made to cover the shortfall, including the purchase of renewable energy certificates (RECs). Additionally, UPPCL was required to provide information on bids initiated or finalized, canceled power purchase agreements (PPAs), and remedial measures undertaken to meet RPO targets.
UPPCL requested the commission to exercise its power to relax under Regulation 18 and its miscellaneous powers under Regulation 19 of the UPERC RPO Regulations, 2010, to waive its RPO backlog and exempt it from paying Rs 14.59 billion towards the shortfall up to FY 2020-21.
While UPERC has granted the waiver, it has reiterated that it does not intend to grant any future waivers for past RPO targets. Other aspects of UPPCL’s petition have already been addressed in the commission’s order dated March 19, 2025, in Petition No. 1565 of 2020.
Petition No: 1809 of 2022 | Read the full order here.
UPERC passes order on UPPCL’s petition seeking review of June 16, 2021 order
The Uttar Pradesh Electricity Regulatory Commission (UPERC) has passed an order on the petition filed by Uttar Pradesh Power Corporation Limited (UPPCL) seeking a limited review of the commission’s order dated June 16, 2021, in Petition No. 1565 of 2020.
UPPCL was directed to submit a condonation application explaining the reasons for the delay in filing the review petition, detailing the circumstances that led to missing the prescribed limitation period. The commission, after reviewing the submission and considering the Supreme Court’s order, condoned the delay and admitted the petition. However, it noted that the review petition is closely linked to Petition No. 1565 of 2020.
During the proceedings, the commission raised concerns over UPPCL’s failure to submit a roadmap for meeting Renewable Purchase Obligation (RPO) targets. The affidavit lacked a long-term plan, prompting the commission to reiterate that it does not intend to grant any waiver for past RPO targets. It emphasized that any relaxation in this and related petitions (Petition No. 1809 and 1816) would be considered only after UPPCL submits a detailed, actionable plan and demonstrates intent to follow through with it.
In its review petition, UPPCL requested the commission to modify its order in Petition No. 1565 of 2020, specifically to waive the requirement of depositing Rs 58.73 billion towards the RPO shortfall for FY 2021-22. The commission stated that this matter has already been addressed in its previous order in Petition No. 1565 of 2020.
Petition No: 1816 of 2022 | Read the full order here.
UPERC rejects Shashi Singh’s petition regarding tariff revision and compensation
The Uttar Pradesh Electricity Regulatory Commission (UPERC) has rejected the petition filed by Shashi Bhushan Singh pursuant to the order in Writ Petition No. WRIT-e No. 18176 of 2024 (Shashi Bhushan Singh vs. State of UP & Others).
The commission examined two key issues raised by the petitioner. First, the petitioner sought a revision of his electricity bills, requesting that the applicable tariff category be changed from LMV-6 (agro-industrial purposes and floriculture/mushroom farming) to LMV-5 (private tube-wells/pumping sets for irrigation and specific agricultural processes). The commission ruled that such a revision would violate the existing tariff schedule, which clearly defines the applicable categories.
Second, the petitioner requested compensation of Rs 1.53 million, along with interest, under Section 43(3) of the Electricity Act, 2003. However, the commission clarified that the provision in question relates to penalties, not compensation. Additionally, it noted that the petitioner failed to disclose a fire incident in December 2016 at his poultry farm, which had been recorded in the order of the Consumer Grievance Redressal Forum (CGRF), Gorakhpur. Given this omission, the commission stated that the petitioner had not approached it with full transparency.
Petition No: 2107 of 2024 | Read the full order here.
UPERC disposes of Uttar Pradesh Jal Nigam’s petition on open access connectivity
The Uttar Pradesh Electricity Regulatory Commission (UPERC) has disposed of the petition filed by Uttar Pradesh Jal Nigam (Urban) seeking permission for connectivity and open access approval for its proposed 10 MW grid-connected solar power plant at STP Campus, Bharwara, Lucknow.
The commission noted that an amendment to the UPERC Open Access Regulations, 2019, incorporating provisions from the Green Energy Open Access Rules, 2022, is nearing publication following the public consultation process. Since the amendment is expected to address the petitioner’s request, the commission has disposed of the petition. However, it has allowed the petitioner to file a fresh petition if the upcoming UPERC (Terms and Conditions for Open Access) (First Amendment) Regulations, 2024, do not resolve the issue.
Petition No: 2139 of 2024 | Read the full order here.
WBERC issues order on MYT application for WBPDCL under the eighth control period
The West Bengal Electricity Regulatory Commission (WBERC) has issued an order on the multiyear tariff (MYT) application for the West Bengal Power Development Corporation Limited (WBPDCL) for the years 2023-24, 2024-25, and 2025-26.
The commission has determined the capacity charge and energy charge for 2025-26 for WBPDCL’s thermal power stations, including Kolaghat TPS, Bakreswar TPS, Bandel TPS (Stage I & II), Santaldih TPS, and Sagardighi TPP (Stage I & II). The annual capacity charge recoverable from the West Bengal State Electricity Distribution Company Limited (WBSEDCL) will be on a monthly basis, depending on actual availability certified by the State Load Dispatch Centre (SLDC), subject to the conditions under regulation 6.11.4 of the Tariff Regulations.
For 2025-26, the determined annual capacity charges for key generating stations are as follows:
- Kolaghat TPS (75% availability): Rs 6,174.57 million
- Bakreswar TPS (85% availability): Rs 8,341.77 million
- Bandel TPS – I (70% availability): Rs 479.3 million
- Bandel TPS – II (85% availability): Rs 2,053.16 million
- Santaldih TPS (85% availability): Rs 5,843.35 million
- Sagardighi TPS – I (85% availability): Rs 4,431.02 million
- Sagardighi TPP – II (85% availability): Rs 9,902.78 million
WBPDCL has been directed to submit a summary of the order to WBERC within five working days for approval, after which the approved summary must be published within four working days.
Petition No: TP-103/22-23 | Read the full order here.
WBERC approves WBSETCL’s tariff petition for the eighth control period
The West Bengal Electricity Regulatory Commission (WBERC) has approved the tariff petition filed by the West Bengal State Electricity Transmission Company Limited (WBSETCL) for the eighth control period, covering the financial years 2023-24, 2024-25, and 2025-26. The approval is in accordance with the WBERC (Terms and Conditions of Tariff) Regulations, 2011, as amended.
The commission has determined the aggregate revenue requirement (ARR) for WBSETCL for the three years based on projected costs and a prudence check. Key components of the ARR include employee costs, WBPDCL charges, operation and maintenance costs, depreciation, return on equity, interest on loans, and financial charges.
The approved ARR figures for the three years are as follows:
For 2025-26, the approved aggregate revenue requirement stands at Rs 19,156.70 million, after adjusting for non-tariff income, short-term open access (STOA) charges, SLDC expenses, and special allocations.
WBSETCL will recover these costs through transmission charges levied on beneficiaries in the state.
Petition No: CASE NO. TP-99/22-23 | Read the full order here.
MERC rejects MSEDCL’s petition for review of the common order dated December 27, 2023
The Maharashtra Electricity Regulatory Commission (MERC) has rejected the petition filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL) for the review of its common order dated December 27, 2023, in Case Nos. 151, 177, 186, 187, and 196 of 2023. The commission also dismissed MSEDCL’s application for condonation of delay in filing the review petition.
MERC held that several issues raised in the review proceedings had already been addressed in the original proceedings. It stated that MSEDCL was attempting to seek reconsideration or rehearing on matters that had already been decided, which is not permissible under the law. The commission emphasized that a review case has a limited scope and cannot be treated as “an appeal in disguise.”
MERC further clarified that its review jurisdiction is restricted and that MSEDCL did not present any new material evidence that was unavailable during the original proceedings despite due diligence. Additionally, the commission found no “error apparent on the face of records” that would justify a review of the previous orders.
Based on this assessment, MERC concluded that there was no merit in MSEDCL’s grounds for review, leading to the rejection of the petitions.
Petition No: Case No. 79 of 2024 & IA 22 of 2024 | Read the full order here.
KSERC trues up accounts for Infopark Kerala
The Kerala State Electricity Regulatory Commission (KSERC) has approved the petition filed by Infopark Kerala for the truing up of accounts for the financial year 2023-24.
Approved financials (in Rs million):
The final trued-up revenue deficit amounts to Rs 621.6 million, higher than the Rs 572.6 million deficit estimated at the time of filing.
Petition No: 52 / 2024 | Read the full order here.
KSERC rejects RPIPL’s petition seeking inclusion of additional license area
The Kerala State Electricity Regulatory Commission (KSERC) has rejected the petition filed by Rubber Park India Private Limited (RPIPL), seeking the inclusion of Rubber Park at Piravanthoor as an additional distribution license area under Section 18 of the Electricity Act, 2003, and Section 19 of the Kerala State Electricity (Licensing) Regulations, 2006.
The commission observed that the park can accommodate a maximum of 15 to 20 industries, with a total power demand of only 2 to 3 megavolt-amperes (MVA) and an anticipated annual energy consumption of 5 million units (MU) once fully occupied. Given this limited scale, the per-unit cost of electricity distribution within the park would be significantly high.
As a result, the commission deemed the request unviable and rejected the petition. However, KSERC directed the incumbent licensee, Kerala State Electricity Board Limited (KSEBL), to ensure uninterrupted electricity supply to the industrial units at the approved retail tariff.
The commission further stated that RPIPL could reapply for distribution licensee status in the future if all land in the Piravanthoor park is fully allocated to industrial units and energy consumption increases to a viable scale. Any such future request must include necessary supporting data and documents.
Petition No: OP 74/2023 | Read the full order here.
RERC passes suo motu order on information submission by distribution licensees
The Rajasthan Electricity Regulatory Commission (RERC) has issued a suo motu order under the RERC (Terms and Conditions for Determination of Tariff) Regulations, 2025.
The order supersedes previous directives and prescribes standardized formats for distribution licensees to submit information for aggregate revenue requirement (ARR) and tariff determination, as well as truing-up petitions for the control period 2025-26 to 2029-30.
The new reporting formats cover multiple financial and operational aspects, including:
- Revenue details: Sale of power, wheeling charges, cross-subsidy, and additional surcharges.
- Expenditure components: Power purchase costs, operations and maintenance (O&M) expenses, depreciation, return on equity, tax provisions.
- Tariff structuring: Proposals for different consumer categories, voltage-wise cost of supply, and transmission charges.
- Regulatory compliance: Load dispatch charges, working capital requirements, and multi-year tariff framework adherence.
Petition No: RERC/Secy. /Dir. (Tech.-I)./F / D. 1625 | Read the full order here.
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