The Haryana Electricity Regulatory Commission (HERC) has dismissed a joint petition filed by Candor Gurgaon One Realty Projects Pvt. Ltd. and Transition Cleantech Services Pvt. Ltd. over a dispute concerning the commercial settlement of green energy open access transactions. The Commission upheld the position taken by Dakshin Haryana Bijli Vitran Nigam Limited (DHBVNL), ruling that compliance with mandatory electricity scheduling requirements is essential for establishing commercial entitlement to open access power.
The dispute relates to solar power supplied from Rajasthan to a consumer in Haryana between September 28, 2024, and November 23, 2024. DHBVNL had refused to provide commercial settlement for the electricity supplied during this period because the consumer had not submitted the required day-ahead schedules through its designated portal. The schedules were required to maintain a constant power level for a minimum of twelve consecutive or specified 15-minute time blocks, as prescribed under the applicable regulatory framework.
The petitioners challenged the utility’s decision, arguing that the solar electricity had physically flowed into the grid and was duly accounted for in the regional energy accounts. They also stated that the applicable deviation settlement mechanism (DSM) charges had been paid in full. According to the petitioners, the scheduling issue was an inadvertent oversight and should not invalidate the commercial benefits associated with the electricity supplied.
The companies further contended that refusing settlement despite the actual injection of power and payment of applicable charges would result in unjust enrichment for the distribution utility. They sought relief from HERC, maintaining that the electricity supply had taken place and that the transactions should be recognised for commercial settlement purposes.
After examining the submissions, the Commission held that the petition was maintainable before it but lacked merit. HERC emphasised that compliance with Regulation 4 of the Haryana Electricity Regulatory Commission (Green Energy Open Access) Regulations, 2023, and Regulations 42 and 45 of the 2012 Open Access Regulations constitutes a mandatory prerequisite for commercial settlement.
The Commission clarified that the required day-ahead schedule must first satisfy the prescribed twelve-time-block condition to establish eligibility for settlement. The scheduling requirement is not merely a procedural formality but a necessary condition under the regulatory framework governing open access transactions.
HERC also rejected the argument that payment of deviation settlement charges could retrospectively correct the scheduling deficiency. It observed that DSM payments address deviations under the applicable settlement mechanism but do not automatically substitute for compliance with mandatory scheduling requirements. Therefore, payment of these charges cannot independently establish commercial entitlement where the prescribed conditions have not been fulfilled.
The Commission further dismissed the petitioners’ reliance on bona fide error and the doctrine of unjust enrichment. It held that the physical injection of electricity into the grid, even when reflected in energy accounts, does not by itself guarantee commercial settlement without compliance with statutory requirements.
Consequently, HERC disposed of the petition in favour of DHBVNL, reinforcing the importance of adhering to scheduling procedures for green energy open access transactions in Haryana.
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