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Daily News Wrap-Up: APTEL Criticizes MERC for Denying Petitioner Relief

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					</table><a href="https://www.mercomindia.com/almm-enlistment-co-branded-solar-modules" target="_blank" rel="noopener">The Ministry of New and Renewable Energy has modified the Approved List of Models and Manufacturers (ALMM) guidelines and provided exceptions to broaden the</a> qualification criteria for modules produced under agreements between an Original Equipment Manufacturer and a brand owner. Under the revised guidelines, if an applicant has multiple manufacturing sites or sources the finished products from other manufacturers and sells them under their brand name, all manufacturing sites, including the applicant’s own, must be inspected unless an exception applies.
<a href="https://www.mercomindia.com/india-missed-2022-renewables-target" target="_blank" rel="noopener">The Parliamentary Standing Committee on Energy report has isolated underwhelming progress on rooftop solar and wind energy projects as the primary reason for India falling</a> short of achieving its renewable energy capacity target of 175 GW by 2022. India had set an ambitious target of installing 175 GW of renewable energy capacity by 2022, which included 100 GW from solar, 60 GW from wind, 10 GW from bio-power, and 5 GW from small hydropower. However, as of December 31, 2022, only 69% of the goal, or 120.9 GW of renewable energy capacity, had been installed in the country.
<a href="https://www.mercomindia.com/renewables-generation-capacity-added-in-2022" target="_blank" rel="noopener">Renewable capacity grew by 9.6% in 2022, adding a record 295 GW worldwide. This accounts for 83% of all power capacity added last year and brings the global renewable</a> generation capacity to 3,372 GW by the end of last year, a report by the International Renewable Energy Agency (IRENA) said. The IRENA’s Renewable Capacity Statistics 2023 confirmed that renewable energy is growing at record levels, defying global uncertainties and affirming the decline of fossil-fuelled power generation.
<a href="https://www.mercomindia.com/in-bengaluru-a-100-kw-2-million-rupees-a-year" target="_blank" rel="noopener">Mercom India successfully concluded the C&amp;I Clean Energy Meet 2023 in Bengaluru, where stakeholders in the solar sector and commercial and industrial entities</a> converged to enthusiastically discuss the benefits of renewable energy and practical solutions to reduce power costs. The meet featured a session titled “Clean Power Purchase – Options &amp; Technologies Maximizing ROI” The panelists were B V Palanetra, General Manager DSM at Bangalore Electricity Supply Company Limited; Ramesh Shivanna, Chairman Energy Committee at Federation of Karnataka Chambers of Commerce and Industry; I R Venkatraman, Sr. VP- Business Development &amp; Regulatory at Ayana Renewable Power; Yogish HN, General Manager Business Development at Enerparc; and Shantanu Sirsath, Technical Head India at Growatt.
<a href="https://www.mercomindia.com/regulator-wind-firm-msedcl-recompute-delayed-payment-charge" target="_blank" rel="noopener">The Maharashtra Electricity Regulatory Commission recently directed Hindustan Petroleum Corporation (HPCL) and the Maharashtra State Electricity Distribution</a> Company (MSEDCL) to recompute the delayed payment charge from April 2012 to September 2017 according to the notified SBI benchmark interest rate and adjust the surplus amount accordingly. HPCL had filed a petition against MSEDCL for non-compliance with the Commission’s earlier order in which MSEDCL was asked to pay ₹9.89 million (~$120,240) as the outstanding delayed payment charge for the 3.75 MW project at Dhule.
<a href="https://www.mercomindia.com/china-securities-commission-approves-canadian-solars-ipo" target="_blank" rel="noopener">The China Securities Regulatory Commission has approved the registration of CSI Solar, the engineering, procurement, and construction arm of solar module maker Canadian Solar</a>, to issue an initial public offering (IPO). The company’s CEO, Shawn Qu, said CSI expects the completion of the IPO by the second quarter of the current financial year. Canadian Solar plans to use the proceeds from the IPO to further accelerate vertical integration and capacity expansion, particularly in the U.S. market.
<a href="https://www.mercomindia.com/acwa-power-storage-projects-in-uzbekistan" target="_blank" rel="noopener">Saudi Arabia-based energy company ACWA Power has signed power purchase and investment agreements with the National Electric Grid of Uzbekistan and the Ministry of</a> Investment, Industry, and Trade to develop new solar and battery storage projects in Uzbekistan. The partnership will work towards developing three solar projects in Tashkent and Samarkand and three battery energy storage systems in Tashkent, Bukhara, and Samarkand.
<a href="https://www.mercomindia.com/researcher-space-based-solar-power" target="_blank" rel="noopener">Researchers at Northumbria University are studying ways of producing wireless electricity from space to Earth by harvesting the Sun’s energy. U.S.-based aerospace, defense,</a> and information security organization Lockheed Martin Corporation recently announced an investment of £150,000 (~$183,802) in the university’s project that aims to accelerate the delivery of space-based solar power. The research is expected to bring a new source of zero-carbon power to connect homes and businesses without the need for large-scale land-based infrastructure.
<a href="https://www.mercomindia.com/one-step-perovskite-solar-cells-commercially-viable" target="_blank" rel="noopener">The National Renewable Energy Laboratory has devised a new way to produce perovskite solar cells that could speed its commercialization.</a> Different layers are typically added sequentially to a conductive glass substrate to create perovskite solar cells, requiring multiple coatings. However, the new method developed eliminates or merges some of these steps, simplifying the manufacturing process and potentially reducing costs. After 1,200 hours of continuous operation, the team created a high-efficiency solar cell that maintained over 90% of its initial efficiency.

Daily News Wrap-Up: ALMM Guidelines for Co-Branded Solar Modules Modified

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					</table>The Maharashtra Electricity Regulatory Commission (<a href="https://merc.gov.in/" target="_blank" rel="noopener">MERC</a>) recently directed Hindustan Petroleum Corporation (<a href="https://www.hindustanpetroleum.com/">HPCL</a>) and the Maharashtra State Electricity Distribution Company (<a href="https://www.mahadiscom.in/en/home/" target="_blank" rel="noopener">MSEDCL</a>) to recompute the delayed payment charge from April 2012 to September 2017 according to the notified SBI benchmark interest rate and adjust the surplus amount accordingly.
HPCL had filed a petition against MSEDCL for non-compliance with the Commission’s earlier order in which MSEDCL was asked to pay ₹9.89 million (~$120,240) as the outstanding delayed payment charge for the 3.75 MW project at Dhule.
Background
HPCL has a 3.75 MW wind energy project installed in the Dhule district of Maharashtra, and it had entered into a WEPA on May 29, 2008, for 13 years from the commercial operation date (COD) of the wind power project.
HPCL submitted that MSEDCL was liable to pay an outstanding delayed payment charge of ₹9.89 million (~$120,240) and ₹2.27 million (~$27,598) as interest as of March 2022.
MSEDCL noted that HPCL had filed the present petition on March 30, 2022, and hence the claims for which the cause of action arose before March 30, 2019, were barred by limitation. Therefore, HPCL can only claim the late payment charge from April 2019 to June 2020, which amounted to ₹4.04 million (~$49,117).
The distribution company added that it had already paid the reconciled amount of ₹5.91 million (~$71,852) from April 2012 to September 2017 to HPCL, and there was no non-compliance.
It clarified that the Commission had made the position clear that the interest of 1.25% would only be applicable when MSEDCL fails to pay the delayed payment charge amount.
HPCL argued that the claim of HPCL was not barred by law of limitation on account of the lockdown imposed in Maharashtra from March 23, 2020, on account of the COVID-19 pandemic, which had undeniably affected the day-to-day activities of HPCL.
The wind generator added that it was agreed that parties would sit together and resolve the difference at the earliest. HPCL followed up with MSEDCL, but the difference has not been resolved yet. MSEDCL paid ₹5.91 million (~$71,852) on April 26, 2021, after almost two years. However, the balance amount of ₹1.35 million (~$16,413) was not yet paid to HPCL.
Commission’s analysis
The Commission observed that HPCL had not raised any issue about the outstanding principal amount. Regarding the late payment charge, the Commission noted that the difference in the delayed payment charge amount claimed by both parties was due to the variation in the due date, the payment receipt date, and the difference in the rate of interest considered by both parties.
The Commission noted that HPCL, as well as MSEDCL, had not submitted the details of the then prevailing interest rates required for computation of the delayed payment charge for the period of April 2012 to September 2017. Hence, the Commission could not compute the same.
Therefore, the Commission directed HPCL and MSEDCL to recompute the delayed payment charge from April 2012 to September 2017 by applying the then-notified and correct SBI benchmark interest rate.
The Commission said that an interest rate of 1.25% per month would be applicable on the outstanding delayed payment charge amount for the power procured from April 2012 to September 2017.
Further, the Commission approved the delayed payment charge of ₹6.39 million (~$77,688) as claimed by MSEDCL from October 2017 to June 2020 and asked HPCL to raise a supplementary bill.
MSEDCL was mandated to pay by the due date per the wind energy purchase agreement (WEPA). Any delay beyond the due date will attract interest at 1.25% per month on the outstanding delayed payment charge.
The state regulator noted that MSEDCL had paid the delayed payment charge amount on April 26, 2021, after a delay of 25 months. Therefore, the Commission directed MSEDCL to compute interest on late payment of the delayed payment charge at an interest rate of 1.25% per month for a delay of 25 months based on recomputed amount.
In January this year, MERC <a href="https://www.mercomindia.com/maharashtra-regulator-allows-wind-developers-delayed-payment-charge-claim" target="_blank" rel="noopener">allowed</a> wind power generators’ claim on delayed payments along with interest for energy supplied to MSEDCL.
Earlier, MERC had <a href="https://www.mercomindia.com/maharashtra-discom-late-payment-surcharge-to-wind-developer" target="_blank" rel="noopener">ruled</a> in favor of a wind power developer and said that it was eligible for a late payment surcharge for January 2017 and from April 2017 to February 2018 with an interest of 1.25% per month on the outstanding amount.
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Regulator Directs Wind Energy Firm, MSEDCL, to Recompute Delayed Payment Charge

The Maharashtra Electricity Regulatory Commission (<a href="https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=1&amp;cad=rja&amp;uact=8&amp;ved=0ahUKEwjA_q--oJXYAhWI2YMKHfUxA-EQFggpMAA&amp;url=http%3A%2F%2Fwww.mercindia.org.in%2F&amp;usg=AOvVaw1c9yQPF60gFUZwOCtJu29q" target="_blank" rel="noopener noreferrer">MERC</a>) has directed the Maharashtra State Electricity Distribution Company Limited (<a href="https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=1&amp;cad=rja&amp;uact=8&amp;ved=0ahUKEwi3tv6uoJXYAhVD8IMKHepjCLoQFggpMAA&amp;url=http%3A%2F%2Fwww.mahadiscom.com%2F&amp;usg=AOvVaw2QxivFcdTQaLrnZ2QmlQTP" target="_blank" rel="noopener noreferrer">MSEDCL</a>) to pay the dues to Kamal Encon Industries Limited (formerly KEC Industries Ltd) for the supply of electricity from its 1.65 MW wind power project located in the state’s Dhule district.
Kamal Encon Industries Limited had petitioned the MERC to direct MSEDCL to pay the entire outstanding amount towards the sales invoices due from July to October 2018. The total sum is ₹9,328,226 (~$134,919).
Kamal Encon Industries Limited had also requested the commission to direct MSEDCL to pay the carrying cost at the rate of 18 percent per annum of the delay in payment of the late payment surcharge in all future payments and expedite the process of approval for short-term power purchase agreement and to issue all the pending credit notes immediately.
Kamal Encon Industries Limited had also petitioned that the Maharashtra commission award ₹200,000(~$2,892.70) to it as the cost of these proceedings against MSEDCL.
While examining the petition, the Commission observed, “Kamal Encon Industries Limited and other wind generators in the past had approached it for prolonged non-payment and/or late payment of principal amounts for the supply of energy as well as the delayed payment charges (DPC) for such delayed payments by MSEDCL under the wind energy purchase agreements for projects.”
<a href="https://mercomindia.com/maharashtra-discom-ordered-settle-outstanding-dues-wind/" target="_blank" rel="noopener noreferrer">In January 2019</a>, the MERC had issued a common order asking MSEDCL to release the agreed payments to the developers towards the principal amount and the interest on the principal amount as per the plan submitted to the commission.
After hearing the arguments, the commission has once again directed the parties to sit together and reconcile the statement of account within two weeks from the date of this order.
In its order, the Maharashtra commission also added that at the time of reconciliation, MSEDCL would have to inform Kamal Encon Industries Limited the exact time limit in which the payment will be made for the outstanding dues of principal and DPC amount.
Moreover, it has warned MSEDCL that if it deviates from its commitment, interest will be payable at 1.25 percent per month on any late payments.
This Maharashtra ruling is similar to an earlier order in which the MERC directed MSEDCL to <a href="https://mercomindia.com/wind-generators-maharashtra-pending-dues-two-weeks/" target="_blank" rel="noopener noreferrer">pay dues</a> to wind power generators Shah Lulla Estate Developers and BLP Wind Project (Amberi) Private Limited.
<a href="https://mercomindia.com/msedcl-to-pay-4-billion-wind-power-generators/" target="_blank" rel="noopener noreferrer">In October 2018</a>, the commission had directed the MSEDCL to pay ₹41.05 billion (~$0.56 billion) in dues to wind power generators in Maharashtra.

Maharashtra DISCOM Ordered to Pay Dues to Wind Power Generator in Dhule

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