APTEL Dismisses Appeal Against KSERC Order On Fixed Charges For Solar Prosumers In Kerala

The Appellate Tribunal for Electricity (APTEL) has dismissed an appeal filed by Jameskutty Thomas and other solar prosumers against an order of the Kerala State Electricity Regulatory Commission (KSERC) regarding the calculation of fixed charges for domestic solar consumers in Kerala.

The case was heard by APTEL Chairperson Justice Ramesh Ranganathan and Technical Member Ajay Talegaonkar. The dispute focused on the method used by the Commission to determine fixed charges payable by solar prosumers. In its order dated September 22, 2025, KSERC directed that fixed charges be calculated based on the total electricity consumption of prosumers rather than their connected load.

KSERC had argued that total consumption can be treated as a reasonable indicator of a consumer’s connected load or Recorded Maximum Demand (RMD). However, during earlier proceedings, several prosumers had expressed that they preferred to pay fixed charges based on their connected load, provided they had already disclosed those details to the Kerala State Electricity Board Limited (KSEBL) at the time of installing their solar systems.

After considering these submissions, the Commission offered two interim options to solar prosumers. Under the first option, they could pay fixed charges based on their total electricity consumption during the billing period. Under the second option, they could pay a fixed charge of Rs 47 per kW per month based on their total connected load. The Commission clarified that these arrangements were temporary and would remain in place until a final mechanism for determining fixed charges based on RMD is finalized.

During the hearing before APTEL, counsel for the appellants, Atul Shankar Vinod, argued that not all prosumers had agreed to pay fixed charges based on connected load as recorded in the KSERC order. However, the Tribunal noted that the appellants had not specifically pleaded in their appeal that such consent was absent. In the absence of such a plea, the Tribunal said it could not question the official record of the Commission’s proceedings.

APTEL observed that there was no valid ground to interfere with the KSERC order at an interlocutory stage and dismissed the interim application for relief. Following this, both the appellants’ counsel and the respondent’s counsel, Dhananjaya Mishra, agreed that the main appeal could also be disposed of in line with the interim order.

While dismissing the appeal, the Tribunal emphasized the need for a permanent solution and directed KSERC to expedite the process of finalizing the methodology for fixed charges based on connected load or recorded maximum demand.