Andhra Pradesh State Load Dispatch Centre vs. Central Electricity Regulatory Commission

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

MAIN CASE No.W.P.No.28245 of 2021

PROCEEDING SHEET

from the projects situated in the said Solar Park;

• (f) Consider deemed generation to solar plants for the loss of generation due to outages/backing down instructions of Respondents and approve the methodology for estimating deemed generation;
• (g) Pending hearing direct APSLDC to pay deemed generation charges to the petitioner in order to compensate the petitioner for the loss of generation due to the back down of solar power with retrospective effect at the rate of the tariff of the PPA along with interest, subject to adjustment based on final outcome;
• (h) Direct respondent No.1 APSLDC that the backing down of the solar power plants having 'must run' status power can be resorted to only after exhausting all other possible means of achieving and ensuring grid stability and reliable power supply; and
• (i) To pass such other and further order or orders as this Hon'ble Commission deems appropriate under the facts and circumstances of the present case.

Earlier, petitioners herein approached this Court by way of filing W.P.No.21512 of 2020, praying this Court to issue a writ of prohibition against the first respondent herein with a prayer to restrain the first respondent from entertaining Petition No.342/MP/2019 filed by the second respondent herein.

This Court, by way of an order, dated 04.02.2021, disposed of the said Writ Petition, affording liberty to the writ petitioners herein to raise all objections and submissions, including the aspect of maintainability of the application and the jurisdiction of the first respondent to entertain the application bearing No.342/MP/2019. Pursuant to the said order, petitioners herein filed I.A.No.35 of 2021 with the following prayers:

a. Re-open and List the present matter for hearing in accordance with the order, dated 04.02.201,

of the Hon'ble High Court of Andhra Pradesh; and

b. Pass any further order or orders deemed fit and proper under the circumstances of the present case.

The Central Electricity Regulatory Commission, vide the impugned order, dated 27.09.2021, while dealing with the maintainability of the petition filed by the second respondent herein, arrived at a conclusion against the petitioners herein on the ground that the present scheme would fall under the expression 'composite scheme'.

According to the learned Advocate General, Sri S.Sri Ram, the said conclusion, arrived at by the Central Electricity Regulatory Commission, runs counter to the provisions of the Electricity Act in general and Sections 32, 33, 79 and 86 in particular. It is also the submission of the learned Advocate General that Section 79 of the Act, which deals with the functions of the Central Commission, does not enable the Central Electricity Regulatory Commission to deal with the issues in the petition filed by the second respondent and, in the event of there being any dispute, necessarily the second respondent herein has to approach the A.P.Electricity Regulatory Commission. It is also the further submission of the learned Advocate General that Clause (b) of Sub-Section (1) of Section 79 of the Act also would not authorise the first respondent herein to entertain the petition. It is also eventually submitted by the learned Advocate General that the exercise of jurisdiction by the first respondent herein on the reliefs sought by the second respondent is also not authorised under the provisions of the Act.

In the considered opinion of this Court, all these issues, raised by the learned Advocate General, are required to be examined after filing counter-affidavits by the respondents and this Court finds prima facie case in

favour of the petitioners herein. In view of the above reasons, there shall be interim stay of all further proceedings in Petition No.342/MP/2019, on the file of the Central Electricity Regulatory Commission-first respondent herein, pending further orders. Post this application after six weeks. _________ AVSS,J Tsy