UERC Rejects Review Petitions by Solar Developers on Cancellation of 200 MW Project LoAs In Uttarakhand

The Uttarakhand Electricity Regulatory Commission (UERC) has issued a common order on multiple review petitions filed by 12 developers against its earlier order dated March 27, 2025. The original order had directed the cancellation of Letters of Award (LoAs) issued to solar power developers under the 200 MW Solar Scheme. These projects, selected under the Type-I category of Uttarakhand’s Solar Energy Policy 2013, were awarded based on a tariff-based competitive bidding process and were meant to help UPCL meet its Renewable Purchase Obligations (RPO).

The developers, including M/s Pashupati Solar Energy, M/s PPM Solar Energy, and others, requested extensions for commissioning deadlines. They cited delays due to land acquisition challenges, fragmented land holdings, weather conditions, financial constraints, and transmission infrastructure issues. Many petitioners claimed that their lease deeds were signed late due to delays in approvals, but they made investments and progress in good faith, expecting more time.

Most developers had initially been granted several extensions, some up to December 31, 2024. However, the Commission noted that despite repeated opportunities and ample time, many of the developers had not submitted complete documentation such as lease deeds, loan agreements, work orders, and geotagged photographs of their project sites. In some cases, lease deeds were conditional or signed just before or even after the final commissioning deadline.

The Commission examined whether the developers had shown any valid legal grounds under the review provisions of the Code of Civil Procedure, which require the presence of new evidence, an error apparent on the face of the record, or any other sufficient legal reason. UERC found that none of the petitions met these criteria. It was observed that the review petitions were essentially attempts to reopen the case without presenting any substantial new facts.

The Commission also clarified that its action was within its jurisdiction, contrary to the petitioners’ claims that cancellation of LoAs was an administrative act beyond UERC’s powers. It emphasized that developers had been given chances to submit relevant documents through UREDA but failed to do so comprehensively. Furthermore, the Commission highlighted that UPCL had already met its RPO targets, and the 2013 solar policy had been replaced by the 2023 policy, which provided new avenues for capacity addition.

In conclusion, the Commission rejected all the review petitions, stating they lacked legal merit and failed to demonstrate any significant error or justification for reconsideration. The developers’ requests for further extensions and restoration of their LoAs were dismissed.