CERC Restores 925 MW Nokh Solar Park BESS Connectivity Application After Stamp Paper Dispute

The Central Electricity Regulatory Commission (CERC) has set aside an application closure decision issued by the Central Transmission Utility of India Limited (CTUIL) against Rajasthan Solarpark Development Company Limited (RSDCL), allowing the company to restore its connectivity application for battery energy storage system (BESS) capacity at the 925 MW Nokh Solar Park in Rajasthan. The Commission ruled that the application should not be rejected solely because of a curable administrative error involving the type of stamp paper used for an affidavit.

The order was issued in Petition No. 237/MP/2026, filed by RSDCL against CTUIL. The dispute arose after RSDCL sought additional connectivity for installing BESS capacity to facilitate access to the inter-state transmission system during non-solar hours. The company had already secured long-term access (LTA) for the entire 925 MW capacity of the Nokh Solar Park, which was developed under a Ministry of New and Renewable Energy (MNRE) scheme.

RSDCL submitted its application under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022. The application was filed under the Right of First Refusal (RoFR) framework introduced through amendments to the regulations, which provides an opportunity to secure connectivity for non-solar hour access.

During the initial scrutiny, CTUIL identified certain technical deficiencies in the application. RSDCL subsequently addressed these observations. However, during a later examination, CTUIL identified another deficiency concerning the affidavit submitted with the application. The affidavit had been executed on Special Adhesive Stamp Paper instead of Non-Judicial Stamp Paper.

CTUIL classified this issue as a major deficiency under its applicable guidelines, requiring the application to be closed without providing an opportunity for further rectification. Accordingly, CTUIL closed RSDCL’s application on April 15, 2026, and initiated the process of refunding 80% of the application fee.

Challenging the decision, RSDCL approached CERC under Sections 79(1)(c) and 79(1)(f) of the Electricity Act, 2003. The company argued that the closure could delay the project and undermine its Right of First Refusal for non-solar hour connectivity. It also raised concerns that the available transmission capacity could potentially become accessible to third-party developers if its application was not restored.

After examining the submissions, CERC observed that CTUIL had followed the regulatory provisions and guidelines applicable when the application was processed. However, the Commission also considered the special nature of the RoFR mechanism, describing it as a unique, one-time regulatory dispensation.

Importantly, CERC noted that CTUIL had subsequently revised its guidelines in August 2026, reclassifying the use of Special Adhesive Stamp Paper instead of Non-Judicial Stamp Paper as a minor deficiency that could be rectified.

Exercising its powers under Regulations 41 and 42 of the GNA Regulations, CERC set aside CTUIL’s closure decision and directed restoration of RSDCL’s application. The company must redeposit the full application fee within ten days, with the previously retained 20% amount adjusted towards the penalty.

The Commission disposed of the petition as a unique case, clarifying that the decision would not serve as a general precedent.