GERC Receives Petition For Solar Project SCOD Extension Due To Force Majeure Delays In Gujarat

ACME Pokhran Solar Pvt. Limited, a private solar company headquartered in Gurgaon, has approached the Gujarat Electricity Regulatory Commission (GERC) seeking a significant extension to its Scheduled Commercial Operation Date (SCOD). The company filed Petition No. 2376 of 2024 against two major state entities, Gujarat Urja Vikas Nigam Limited (GUVNL) and Gujarat Energy Transmission Corporation Ltd. (GETCO). The petition is based on Section 86(1)(f) of the Electricity Act, 2003, and clauses 8 and 11 of a Power Purchase Agreement (PPA) signed on December 14, 2022.

According to ACME Pokhran Solar, a series of events beyond its control, categorized as “force majeure events,” have caused significant delays in the project schedule, prompting the company to request an extension. The petition details multiple factors that contributed to these delays, which together amount to a considerable period of postponed activity.

One of the main reasons cited is the delay in land acquisition for the sub-station. The company pointed out that the Land Pooling Ordinance of 1949 played a key role in this delay, resulting in a total postponement of 375 days. This delay was split into two periods: the first spanning 184 days from October 12, 2023, to April 12, 2024, and the second lasting 191 days from April 12, 2024, to October 19, 2024. ACME Pokhran Solar highlighted that these delays were beyond its control and directly affected the project timeline.

A second major factor was the difficulty in converting land use from agricultural to non-agricultural purposes. The company explained that permission for this conversion was initially rejected, which led to a total delay of 172 days. The delay occurred in two phases: 64 days from October 19, 2023, to December 21, 2023, and another 108 days from May 22, 2024, to September 6, 2024. ACME Pokhran Solar emphasized that the delay in land conversion had a direct impact on project commencement and progress.

In addition to land-related issues, the company reported delays in starting work on the transmission infrastructure. The change in the Pooling Substation (PSS) land required the company to submit new applications for approval under Section 68 and Section 164 of the Electricity Act. This process caused delays beginning August 3, 2023, and continuing until at least October 16, 2023. The company stated that these procedural delays were necessary for compliance with legal requirements and further contributed to the project’s postponed timeline.

The petition filed by ACME Pokhran Solar is now under review by the Gujarat Electricity Regulatory Commission. The commission will examine whether the events described qualify as force majeure and whether the requested extension to the SCOD is justified. The outcome will have important implications not only for the company but also for project scheduling and operational planning in the state’s solar energy sector. By seeking regulatory intervention, ACME Pokhran Solar aims to ensure that unforeseen and uncontrollable delays are formally recognized, allowing the company to complete its project without facing penalties. The case highlights the complexities involved in large-scale solar projects, including land acquisition, regulatory approvals, and transmission infrastructure development, which can all impact timely project execution.