The petition involves Eden Renewable Bercy Private Limited (referred to as “Eden Bercy”) and Eden Renewable Passy Private Limited (referred to as “Eden Passy”), collectively known as the Petitioners. They have filed a petition seeking directions to the Central Transmission Utility of India Ltd. (CTUIL) to shift the connectivity of their 300 MW Solar Power Project in Jaisalmer District, Rajasthan, from Fatehgarh-II Pooling Sub-Station to Fatehgarh-III Pooling Sub-Station or Bhadla II Pooling Sub-Station.
The Petitioners, identified as ‘Generating Companies,’ are involved in developing a 300 MW Solar Power Project. The project was initiated after the issuance of a Request for Selection (RfS) by SECI for ISTS Grid-connected Solar photovoltaic projects. Eden Bercy, one of the Petitioners, was granted a Letter of Award (LoA) for a 300 MW capacity project. The connectivity was initially granted at Fatehgarh-II Pooling Sub-Station, and subsequent agreements were executed with CTUIL.
However, complications arose due to the Great Indian Bustard (GIB) Order issued by the Supreme Court in April 2021, imposing restrictions on overhead transmission lines in habitats of the GIB. This led to uncertainties among renewable energy developers, prompting the Ministry of New and Renewable Energy (MNRE) to extend project commissioning dates.
In response to the challenges posed by the GIB Order, the Petitioners sought to shift their project’s connectivity from Fatehgarh-II to Fatehgarh-III or Bhadla II. They argued that due to the GIB-related constraints, it was beyond their reasonable control to lay overhead lines, and underground transmission lines were not economically viable.
The Ministry of Power (MoP) constituted a committee to assess the technical feasibility of transmission systems in GIB areas, and the MNRE directed an extension of project commissioning dates. In August 2022, CTUIL granted Long-Term Access (LTA) to Eden Bercy for power evacuation from Fatehgarh-II.
However, in June 2023, the Petitioners requested CTUIL to shift their connectivity to Fatehgarh-III, citing GIB-related concerns and the unavailability of vacant bays at Fatehgarh-III. The GIB Committee supported the undergrounding of the initial section of the project and considered overhead laying for the remaining section towards Fatehgarh-III.
The Petitioners approached the Central Electricity Regulatory Commission (CERC) seeking directions for the shift of connectivity. During the hearing, CTUIL argued against the shift, stating a lack of vacant bays at Fatehgarh-III and Bhadla-II, and the advanced stage of transmission elements for Fatehgarh-II. CTUIL also highlighted potential complications in displacing other applicants already in the queue.
The CERC expressed concern over CTUIL’s non-transparent and non-uniform reallocation practices. It directed CTUIL to halt the reallocation exercise, reconsider past reallocations, and formulate transparent procedures for future reallocations.
Regarding the specific case of the Petitioners, the CERC directed CTUIL to include their application in the reallocation exercise. It clarified that the liability for ISTS bays and associated assets at Fatehgarh-II would rest with the Petitioners if they choose to shift their connectivity. The CERC acknowledged the challenges posed by the GIB Order and directed CTUIL to conduct reallocation exercises transparently. It considered the Petitioners’ request for a connectivity shift, emphasizing the need for a fair and standardized process for all renewable energy projects in the region. The CERC’s decision aimed to balance the interests of developers and ensure the efficient and economical development of the transmission system.
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