The Haryana Electricity Regulatory Commission (HERC) has issued an order addressing procedural and operational challenges related to the banking of green energy under the HERC (Green Energy Open Access) Regulations, 2023. The order was issued on August 26, 2026, in Petition No. 34 of 2026, following a hearing held on August 5, 2026, in Panchkula.
The petition was jointly filed by the Distributed Solar Power Association (DISPA) and seven clean energy Special Purpose Vehicles (SPVs)—CMES Power 2 Pvt. Ltd., Clean Max Maya Pvt. Ltd., Clean Max Terra Pvt. Ltd., Clean Max Sirius Pvt. Ltd., Clean Max Decimus Pvt. Ltd., Clean Max Nabia Pvt. Ltd., and Clean Max Arcadia Pvt. Ltd. Dakshin Haryana Bijli Vitran Nigam Ltd. (DHBVNL) and Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL) were named as respondents.
The petitioners sought directions to remove procedural bottlenecks in the banking of green energy, particularly those arising from Annexure-III of the 2023 regulations. They argued that the existing process requires developers to first obtain Long-Term Open Access (LTOA) approval before submitting a banking application.
According to the petitioners, obtaining LTOA approval generally takes around 60 to 90 days. During this period, developers face delays in operationalizing energy banking. After LTOA approval, power injection and associated transmission and wheeling liabilities begin, but banking can remain pending until a separate application is examined, approved, and formalized.
The petitioners said this gap creates financial and operational difficulties for renewable energy developers. They estimated an additional financing burden of around ₹3.40 crore across the SPVs due to delayed refinancing. They also reported revenue losses of approximately ₹5.07 crore from more than 1.33 crore units of renewable energy that lapsed during the period.
The developers also sought relaxation of several documentation requirements, including submission of original balance sheets, specific Chartered Accountant certifications, detailed Memorandum and Articles of Association validations, and repeated Board Resolutions. They requested that LTOA and banking applications be permitted to proceed simultaneously.
DHBVNL and UHBVNL opposed the petition, raising objections concerning its maintainability and the absence of Haryana Vidyut Prasaran Nigam Limited (HVPNL), the state’s nodal agency for Open Access. The DISCOMs maintained that they were following the existing regulations and that banking could not automatically become available merely after LTOA approval.
HERC rejected both preliminary objections. The Commission held that it has jurisdiction under Sections 86(1)(e), (f), and (k) of the Electricity Act, 2003, along with its Conduct of Business Regulations, to address implementation difficulties and relax procedural requirements without changing substantive regulatory provisions.
The Commission also concluded that HVPNL was neither a necessary nor a proper party to the proceedings. It relied on official communication from HVPNL confirming that DHBVNL and UHBVNL are the designated nodal agencies for receiving and processing banking requests.
The order provides regulatory clarity on green energy banking procedures and addresses concerns raised by renewable energy developers over delays and documentation requirements.
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