The Gujarat Electricity Regulatory Commission (GERC) has granted a 465-day extension to set up an evacuation line along with bays and a metering system for a 100 MW wind-solar hybrid power project in Gujarat.

The Commission accepted that the delays were due to unforeseen and uncontrollable events, such as uncertainty surrounding the designation of the lead generator, delays in vendor approval for gas-insulated substation equipment, and setbacks in obtaining approval for common engineering drawings, which are not attributable to the petitioner.

Background

Cleanmax Vayu is developing a 100 MW wind-solar hybrid project at Kalavad in Jamnagar, Gujarat. As per Gujarat Electricity Transmission Company, the company was required to complete the evacuation line, including bays and metering systems, by January 27, 2025. However, the project faced multiple delays.

The first issue was the uncertainty around the lead generator status. Cleanmax had to negotiate with three other developers to share a bay and sign a lead generator agreement. Still, the talks failed due to one developer withdrawing, another refusing to accept commercial terms, and delays from the third.

GETCO eventually revoked one of the developer’s connectivity, and it was only on February 22, 2024, that Cleanmax was granted lead generator status with a dedicated bay.

The second delay involved vendor approval for gas-insulated substation equipment. GETCO, citing Cross Border Procurement Policy, denied Cleanmax’s request to use an existing vendor at Kalavad. This forced the petitioner to choose from new vendors with lead times of 11 to 15 months. Coordination with other developers was also necessary to ensure the compatibility of the gas-insulated substations.

The third issue was the delay in getting approval for common engineering drawings. One developer’s lack of input stalled the process despite Cleanmax’s repeated follow-ups and a request to swap bays. Final approval for the required layout and section drawings was received on September 11, 2024, which delayed the manufacturing and construction process.

Cleanmax contended that these delays were beyond its control and should be treated as unforeseen events, making the project eligible for an extension.

In response, GETCO stated that it followed regulatory procedures and the responsibility for meeting deadlines rested with the petitioner. While some delays may qualify as unforeseen under tariff orders, GETCO maintained that it was for the Commission to assess whether Cleanmax had justified its request.

Commission’s Analysis

The Commission found that the delays in securing lead generator status had significantly hindered Cleanmax Vayu’s ability to begin work on the evacuation infrastructure. Despite actively engaging with other developers, the petitioner was unable to proceed due to their lack of cooperation. GETCO granted lead generator status and bay allocation over six months after Stage-II connectivity was approved. This delay, being beyond the petitioner’s control, justified an extension of 209 days.

On vendor approval for gas-insulated substation equipment, the Commission noted that government procurement restrictions prevented the petitioner from using an existing vendor. This required coordination with other developers to select from a limited number of approved manufacturers, resulting in unavoidable delays. Approval of the common drawings needed for manufacturing was granted only on September 11, 2024, warranting an additional 256-day extension.

The Commission also accepted a 70-day delay due to issues with common drawing approvals caused by a lack of input from another developer. Although this period overlapped with the GIS-related delay, it was considered when calculating the total extension. The Commission relied on legal precedents supporting relief in cases of procedural and third-party delays and found that the petitioner had acted diligently throughout the proceedings.

In September last year, the Commission allowed amendments to its renewable energy connectivity regulations to enable the transfer of connectivity rights in certain cases for renewable energy projects and park developers while implementing safeguards to prevent misuse.

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