GERC Reviews Extension Plea For 85 MW Wind-Solar Hybrid Project Amid Regulatory And Policy Delays

A petition was filed by KP Energy Limited, ABREL Century Energy Ltd., Aditya Birla Renewables Solar Ltd., and Aditya Birla Renewables SPV 4 Ltd. before the Gujarat Electricity Regulatory Commission. The petitioners requested a 12-month extension for commissioning the remaining 85 MW out of a total 200 MW wind-solar hybrid project. The delay was due to force majeure events and other circumstances beyond their control.

KP Energy signed a connectivity agreement on 14 November 2022 for setting up wind-solar hybrid projects at GETCO’s 220 kV Shelavadar substation in the Bhavnagar district. According to the relevant regulations and the Commission’s 2021 tariff order, only 10% of the generation capacity had to be commissioned within 30 days of receiving the charging permission, and the entire evacuation system had to be completed within two years. The petitioners claimed they complied with these conditions.

They had already constructed the evacuation infrastructure and commissioned 91.5 MW by July 2023, which was more than the required 10%. The remaining 108.5 MW was due by 3 June 2025, out of which 23.1 MW would be ready by 31 May 2025. That left 85.4 MW pending beyond the deadline.

The petitioners explained the delay for several reasons. First, the revised connectivity guidelines issued on 7 January 2023 changed the earlier expectations, requiring 100% generation commissioning within two years. This was not anticipated during the project planning. Secondly, a policy vacuum existed between June and October 2023, when the earlier 2018 policy expired and the new 2023 policy was not yet notified. Third, complications arose due to restrictions on the transfer of connectivity permissions, which was only resolved by the Commission’s order in September 2024. Additionally, a project redesign was needed to align with new rules requiring ALMM-approved solar modules. Administrative delays and bad weather also added to the challenges.

GETCO, the respondent, initially contested the force majeure claims. They pointed out that a term sheet for the 85 MW project was signed only in December 2023, suggesting the project may not have been actively pursued before that. GETCO argued that the developers did not act promptly after signing the original connectivity agreement in 2022.

The Commission noted that about 92 MW had already been commissioned, and 23 MW was expected to be completed by May 2025, showing substantial work was done. They acknowledged the petitioners’ explanation about how evolving regulations and policy changes had impacted timelines. The Commission found merit in the request and considered that denying the extension would result in a loss of investment and unused infrastructure.

The Commission thus allowed the petitioners interim relief and instructed GETCO and GEDA not to take any coercive actions such as canceling connectivity or encashing bank guarantees for the uncommissioned 85 MW until the next hearing. The next hearing was scheduled for 26 June 2025. The Commission also granted both parties time to file their respective replies and rejoinders.