CERC Allows ACME’s Plea To Remove BSES Discoms From 1,200 MW Change In Law Case

The Central Electricity Regulatory Commission (CERC) issued an order on 17th October 2025 in IA No. 61/2025 in Petition No. 91/MP/2024, involving ACME Deoghar Solar Power Pvt. Ltd., ACME Dhaulpur Powertech Pvt. Ltd., ACME Phalodi Solar Energy Pvt. Ltd., ACME Raisar Solar Energy Pvt. Ltd., and ACME Solar Holdings Pvt. Ltd. The application was filed under Sections 79 and 94(2) of the Electricity Act, 2003, seeking deletion of Respondent No. 6, BSES Yamuna Power Limited (BYPL), and Respondent No. 7, BSES Rajdhani Power Limited (BRPL), from the array of parties in the ongoing petition before CERC.

The main petition had been filed by ACME seeking approval of certain events as “Change in Law” under Article 12 of the Power Purchase Agreements (PPAs) signed with Solar Energy Corporation of India (SECI), along with compensation for the financial impact. The case stems from SECI’s 2000 MW ISTS-connected solar tender (Tranche-I) issued on 31st January 2018, where ACME Solar Holdings was awarded 1,200 MW of capacity under four 300 MW PPAs executed on 6th and 7th December 2018. Initially, SECI executed Power Sale Agreements (PSAs) with BYPL and BRPL in August 2018 for 500 MW power allocation. However, in early 2024, BYPL and BRPL issued termination notices to SECI, which SECI accepted on 9th October 2024, ending the PSAs. Subsequently, SECI reallocated the 500 MW capacity to Bihar Discoms through a new PSA signed on 29th October 2024, approved by the Bihar Electricity Regulatory Commission (BERC) on 23rd October 2024. Supplementary PPAs were also signed with ACME subsidiaries on 13th November 2024, and power began flowing to Bihar Discoms on 10th December 2024.

ACME argued that BYPL and BRPL no longer have any contractual or legal role in the matter since their PSAs stand terminated and the supply obligations have been transferred to Bihar Discoms. Therefore, their presence in the ongoing Change in Law proceedings is unnecessary. The BSES Discoms, however, opposed their deletion, stating that SECI’s acceptance of termination was unlawful and that they continue to hold valid rights until the Delhi Electricity Regulatory Commission (DERC) decides on their challenge to SECI’s termination. They emphasized that the DERC has reserved its orders since 20th January 2025, and until then, the PSAs remain legally disputed.

After reviewing arguments from both sides, the Commission observed that since the PSAs with BYPL and BRPL have been terminated and reallocated to Bihar Discoms, and BERC has approved this reallocation, the two Delhi Discoms currently have no role or liability concerning the Change in Law compensation. The Commission held that BYPL and BRPL are neither “necessary” nor “proper” parties to Petition No. 91/MP/2024 as per Order I Rule 10(2) of the Civil Procedure Code. CERC stated that ACME, as dominus litus, has the right to choose the respondents against whom it has a cause of action. Since there is no active contractual link or obligation between ACME and the BSES Discoms, they cannot be compelled to remain parties to the case.

Accordingly, the Commission allowed ACME’s application and ordered the deletion of BYPL and BRPL from the array of respondents in the petition. The matter is scheduled for further hearing in November 2025.