CERC Examines INR 186 Crore Change-in-Law Claims For 390 MW Wind-Solar Hybrid Project

The Central Electricity Regulatory Commission (CERC), in its order dated September 10, 2026, has examined claims and counter-claims related to a 390 MW ISTS-connected wind-solar hybrid power project developed by Adani Hybrid Energy Jaisalmer One Limited (AHEJOL) in Madhopura, Jaisalmer, Rajasthan.

The project was awarded to AHEJOL through the Solar Energy Corporation of India (SECI) for supplying power to Haryana Power Purchase Centre (HPPC). The bidding cut-off date was November 20, 2018, followed by the e-reverse auction on December 5, 2018. SECI issued the Letter of Award on January 25, 2019, while the PPAs were executed on November 28, 2019, with an effective date of November 7, 2019. The quoted tariff under the PPAs was ₹2.69 per kWh.

The original Scheduled Commercial Operation Date (SCOD) was May 7, 2021. However, the two project components achieved commercial operation on May 27 and May 28, 2022, respectively.

AHEJOL approached CERC under Article 12 of the PPAs, seeking compensation of ₹186.34 crore, including carrying costs, for various Change in Law events. The largest claim, amounting to ₹154.48 crore, related to the 14.5% Safeguard Duty imposed on imported solar cells through a July 29, 2020 notification. AHEJOL also sought ₹1.94 crore for the increase in Basic Customs Duty on solar inverters, ₹9.19 crore due to the increase in GST on renewable energy devices from 5% to 12%, and ₹20.74 crore related to the Supreme Court’s Great Indian Bustard (GIB) directions.

The GIB-related claim arose from the Supreme Court’s April 19, 2021 directions requiring measures such as bird diverters and undergrounding of certain 33 kV transmission lines. AHEJOL also sought carrying costs at applicable Late Payment Surcharge rates to restore the economic position affected by the claimed events.

HPPC, meanwhile, filed a counter-claim seeking a refund of ₹47.59 crore along with carrying costs. It argued that AHEJOL had factored higher Safeguard Duty rates of 15% to 20% while submitting its bid in 2018. Since actual imports were made under the lower 14.5% rate notified in 2020, HPPC argued that the resulting savings should be passed on to the distribution utilities and consumers.

CERC rejected HPPC’s preliminary objection that AHEJOL’s petition was time-barred. The Commission noted that the relevant Change in Law events occurred between July 2020 and September 2021, while the petition was filed on November 14, 2022, within the applicable three-year limitation period.

For determining Change in Law claims, CERC applied the requirements under Article 12.1.1 of the PPAs. The Commission considered whether the event fell within the specified categories, occurred after the bid submission cut-off date, and directly resulted in additional expenditure or income.

CERC also rejected AHEJOL’s reliance on the 2017 Solar Bidding Guidelines, observing that the project was governed by the MNRE Wind-Solar Hybrid Guidelines issued on May 25, 2018. The Commission recognized January 25, 2019, the date of the LoA, as the relevant milestone for certain timeline and project calculations.