In a recent order CERC accepted the Interlocutory Application (IA) of ACME Solar, seeking withdrawal of their previous petition to SECI and PGCIL for extension of Scheduled Commissioning Date (SCOD) and LTA (Long-Term Transmission Agreement) commencement date respectively.
ACME Phalodi Solar Energy Ltd and ACME Raisar Solar Energy Pvt Ltd, special purpose vehicles incorporated by ACME Solar Holdings Pvt Ltd, are developing 600MW (300X2MW) solar power projects at tehsil Pokhran in the state of Rajasthan.
In 2018, ACME Solar signed PPA with SECI for supply of 300MW power. Due to some force majuere event ACME Solar filed a petition to CERC, seeking directions to SECI and PGCIL not to encash bank guarantee and letter of comforts submitted by ACME as per PPAs and Tripartite Transmission Agreement.
ACME had made the following prayer in their previous petition :
a.Direct SECI to return the letter of comfort issued by IREDA and furnished on behalf of ACME Phalodi and ACME Raisar.
b.Declare and held that LTA agreement and TSA agreement stand terminated and no relinquishment charges or penalties are payable by the petitioners.
c. Direct PGCIL to return the bank guarantees submitted by ACME Solar pursuant to the Tripartite Transmission Agreement and LTA agreement.
d.In the interim, injunct SECI and PGCIL from letter of comfort and encashing the bank guarantees provided by ACME Solar under the PPAs and Tripartite Transmission Agreement and LTA agreement.
Submission Of ACME Solar :
ACME Solar has submitted that with regard to extension of SCOD, SECI has extended the SCOD of the project to 03.03.2022.
With regards to extension of LTA agreement date, PGCIL extended the start date of LTA by only 5 months from 19.10.2020 to 19.03.2021 or commissioing of ISTS for LTA , whichever is later.
As a result, there will be 9 months of non alignment of SCOD date and LTA start date. After receiving no response from PGCIL for alignment of LTA start date with SCOD date of the projects, ACME solar filed a petition to CERC for extension of LTA start date keeping in alignment with SCOD start date. ACME solar want to avoid paying any transmission charges/ losses on account of extension of SCOD by SECI due to force majeure for delay in start date of SCOD with with respect to LTA start date approved by PGCIL.
ACME Solar has submitted the following prayers in present petition :
a.Declare that the petitioners are not liable to pay transmission charges/ losses on account of extension of SCOD by SECI due to force majeure for delay in start date of LTA.
b.Direct PGCIL to grant extension in the timelines under Tripartite Transmission Agreement and Long Term Acces Agreement for a period of 327 days and 5 months in alignment with the period of extension granted by SECI for commissioing of the project.
c.As an interim measure, direct PGCIL to not take any coercive and precipitative action against the petitioners under TTA and LTA agreements.
Against the above backdrop,ACME have filed the present IA for withdrawal of previous petition and direct all parties including PGCIL and SECI to maintain status quo till petition no. 104/MP/2021 is adjudicated by the commission.
Accordingly, CERC has diposed the previous petition of as withdrawn.