Sub: In the matter of: Regulations, 2016 Purchase ...rerc.rajasthan.gov.in/Orders/Order396.pdf ·...

Sub: In the matter of:

(1) Draft Rajasthan Electricity Regulatory Commission

(Power Purchase & Procurement Process of

Distribution Licensees) (Fourth Amendment)

Regulations, 2016


(Renewable Energy Obligation) (Fourth

Amendment) Regulations, 2016.


(Renewable Energy Certificate and Renewable

Purchase Obligation Compliance Framework)

(Second Amendment) Regulations, 2016.

Date: 07.06.2017

Order-Sheet

302. Commission has specified RPO targets for Distribution

Licensees under RERC (Power Purchase & Procurement

Process of Distribution Licensees) Regulations, 2004 as

amended from time to time. Further, the Commission has

specified RPO targets for open access (OA) and captive

consumers under RERC (Renewable Energy Obligations)

Regulations, 2007 as amended from time to time. The RPO

targets specified by the Commission in the above

Regulations for the Obligated Entities are applicable upto

the FY 2016-17.

303. The Central Government has notified the revised Tariff

Policy on 28.01.2016. According to Para 6.4 (1) of the said

Policy, the Appropriate Commission shall, pursuant to the

provisions of Section 86 (1) (e) of the Act, fix a minimum

percentage of the total consumption of electricity in the

area of a distribution licensee for purchase of energy from

renewable energy sources taking into account availability

of such resources and its impact on retail tariffs. Cost of

purchase of renewable energy shall be taken into

account while determining tariff by SERCs. Long term

growth trajectory of Renewable Purchase Obligations

(RPOs) will be prescribed by the Ministry of Power in

consultation with MNRE.

304. Further, Para 6.4 (1) (i) of the Policy also provides that

within the percentage so made applicable, to start with,

the SERCs shall also reserve a minimum percentage for

purchase of solar energy from the date of notification of

this policy which shall be such that it reaches 8% of total

consumption of energy, excluding Hydro Power, by March

2022 or as notified by the Central Government from time

to time.

305. In view of the above provisions and in order to achieve

the target of 1,75,000 MW (175 GW) of renewable energy

(RE) capacity by March 2022, Ministry of Power (MoP) in

consultation with Ministry of New and Renewable Energy

(MNRE), vide its Order No.23.03.2016 –R&R dated

22.07.2016, notified the Long Term growth trajectory of

Renewable Purchase Obligations (RPOs) for non-solar as

well as solar energy uniformly for all States/ Union Territories

initially for three years from 2016-17 to 2018-19. Further, the

obligations notified by MoP will be on total consumption

of electricity by an obligated entity, excluding

consumption met from hydro sources of power.

306. In light of the above, the following Amendments

Regulations were proposed by the Commission :


(Power Purchase & Procurement Process of Distribution

Licensees) (Fourth Amendment) Regulations, 2016.


(Renewable Energy Obligation) (Fourth Amendment)

Regulations, 2016.



Purchase Obligation Compliance Framework) (Second


307. The draft Regulations along with Explanatory

Memorandum and Public Notices were placed on the

website of the Commission for inviting

objections/suggestions from the persons likely to be

affected. Further, the Public Notices were also published

in the following newspapers

S.No. Name of News Paper Date of Publication

1. Rajasthan Patrika 05.10.2016

2. Rashtradoot 05.10.2016

3. The Times of India 06.10.2016

308. The last date for submission of objections/suggestions was

kept as 25.10.2016. However, on request of Rajasthan Urja

Vikas Nigam Limited (RUVNL), the Commission extended

the last date by two weeks and further, by one month.

309. In all, twenty four (24) written objections/suggestions, were

received on the draft Amendment Regulations. The

objections/suggestions received are placed in the file.

310. The Commission has considered carefully each of the

objection/suggestion received the provisions of the

Electricity Act, 2003 and National Tariff Policy (notified on

28.01.2016) while finalizing the Amendment Regulations.

311. The broad issues raised in objections/suggestions received

and Commission‟s view/decision thereon are as follows :

(1) Applicability of RPO on Cogeneration :

(a) Cogeneration plants established in view of

recognition of cogeneration plants as RE and

accordingly investments were made. Proposed

amendments would amount to promissory

estoppel. Besides, the suggested applicability of

RPO on cogeneration would also create hardship

to the cogenerators.

(b) The Electricity Act, 2003 doesn‟t recognize any

further classification of cogeneration into one

based on RE sources and other based on other

sources. The provision of promotion of

cogeneration (irrespective of fuel- Fossil based or

RE) and RE under Section 86(1)(e) of the Act

should prevail.

(c) Cogeneration generates more electricity with

lesser use of fossil fuel and therefore, is equally

environment friendly.

(d) Number of judgments passed by Hon‟ble APTEL

deciding that cogeneration cannot be fastened

obligation to procure electricity from RE.

(e) Commission has consciously included

cogeneration in the definition of RE in the extant

RPO and REC Regulations.

(f) The Tariff Policy is only a guideline which doesn‟t

have any mandatory or legal force and also the

order of MoP is not binding on the Commission.

(g) Hon‟ble APTEL has interpretated Section 86(1) (e)

of the Electricity Act, 2003 in its judgments in the

matter of M/s Century Rayon, M/s Hindalco

industries Ltd., where Hon‟ble APTEL has held that

cogeneration is to be treated at par with RE. This

ruling is not being altered in M/s Lloyds Metal and

Energy Ltd, Thus, the proposed Amendment is not

as per the provisions of the Electricity Act, 2003.

Commission’s view/decision

The points raised above have already been dealt by the

Commission in Petition No. 839/2016 & 840/2016 filed by

RREC for enforcement of RPO. The Commission in the

said order has held that a Captive Power Plant,

generating electricity through Waste Heat Recovery,

cannot be fastened with RPO liability under Section 86

(1) (e) of the Electricity Act,2003 as the same falls under

the category of Renewable Energy. Therefore, in view of

the decision taken above, it is decided that in the

proposed Regulation 2(1) II, the words “and shall include

cogeneration” shall be added and the proviso to

proposed Amendment in the existing Regulation 2(1)

II of Rajasthan Electricity Regulatory Commission

(Renewable Energy Obligation) (Fourth Amendment)

Regulations, 2016 may not be proceeded with.

(2) Consumption base for applying RPO percentage:

(a) The Electricity Act, 2003 stipulates the RPO as a

percentage of the “total consumption” of

electricity, whereas, the proposed Amendments

according to the National Tariff Policy define “total

consumption” as “total consumption less

consumption met from hydro resources”. In case

of conflict between the Tariff Policy and the Act,

the provision of the Act should prevail.

(b) The impact of excluding consumption met from

hydro resources from the total consumption would

result in restriction in wind capacity addition by

around 140 MW in FY 2017-18 and in excess of 500

MW over the period upto 2021-22.

(c) The Tariff Policy defines consumption as “total

consumption less consumption met from hydro

resources” only for the purpose of solar RPO.

Therefore, this should be made applicable solely

to solar RPO and not the non-solar RPO.


Commission has considered the points raised above.

Commission notes that Ministry of Power (MoP) under

Section 3(3) of the Electricity Act, 2003, has notified

revised Tariff Policy on 28.01.2016. As per para 6.41 of

the Tariff Policy, long term growth trajectory of RPOs will

be prescribed by MoP in consultation with MNRE. In

view of the above and in order to achieve the target of

1,75,000 MW of renewable capacity by March, 2022,

MoP in consultation with MNRE notified the long term

trajectory of RPOs for non- solar as well as solar, initially

for three (03) years, from 2016-17 to 2018-19. The

notification dated 22.07.2016 further provided that

obligations will be on total consumption of electricity by

an obligated entity, excluding consumption met from

hydro sources of power. The said notification of MoP

also says that in exercise of power conferred under the

Electricity Act, 2003, SERCs may consider notifying RPOs

for their respective State in line with aforesaid uniform

RPO trajectory. Therefore, Commission is of the view

that hydro resources, akin to RE sources, are clean

sources of power and therefore, it is appropriate to

exclude consumption met from them from the total

consumption for applying RPO percentage. In view of

the above, the suggestions received in this respect are

not agreed.

(3) RPO target percentages:

(a) Annual incremental trajectory for non-solar RPO

has been proposed @ 0.75% p.a. whereas, for solar

RPO it is proposed as 2% p.a. For uniform

development of RE in future and these sources

being complementary and support grid through

diurnal variations as well as seasonal variations, the

annual incremental trajectory should be 1.25% for

non-solar RPO targets, whereas, annual

incremental RPO trajectory for solar RPO targets, it

may be stipulated as 1.5% p.a.

(b) The RPO trajectory should be specified for a longer

term to create regulatory certainty at least till FY

2021-22 co-terminus with 175 GW target year.

(c) Practically, CPP & OA consumers do not have

hydro resources and the proposed exclusion of

hydro power is of no consequence to them.

Considering hydro resources of Discoms around

10%, to be fair, RPO for CPP and OA consumers

may be fixed as 90% of that fixed for Discoms.

(d) The proposed RPO percentages are vague and

superficial, since basis of arriving of the same has

not been mentioned. The percentage has to be

fixed on the basis of last five year actual

achievements. While working out actual figures of

RPO, the purchase of REC should be excluded.

Actual sales from RE should be considered and

targets be fixed accordingly, i.e., total RE

obligation less purchase of REC. The target should

be realistic.

(e) Prescribing RPO for OA consumers will make it

difficult for them to continue with open access

procurement as RE is a costly energy. The OA

consumers should not be forced to achieve RPO

as the object of OA under National Electricity

Policy (NEP) and the Electricity Act, 2003 is to

facilitate availability of cheap electrical power to

the OA consumers.

(f) As Compared to other States, Rajasthan seems to

have highest RPO percentages and these are also

being increased annually at a much higher rate.

The RPO targets specified may be moderated so

as to reflect a more reasonable year on year

growth.

(g) The non-solar RPO may further be increased to

match the level of NAPCC.

(h) As per Cross Subsidy Petition of the Discoms,

purchase of hydro generation is 9.8%. With

exclusion of 9.8% from their “Energy consumption”

base for calculating RPO, wind RPO in terms of

energy (in MUs) for FY 2017-18 may be lower than

for FY 2016-17 and no additional wind power may

have to be purchased during FY 2017-18.

(i) MoP has defined revised RPO trajectory from FY

2016-17 and therefore, the Regulations should

come into effect from FY 2016-17.

(j) The envisaged overall increase of 5.6 % and

proposed RPO of 14.25% and 17%for FY 2017-18

and FY 2018-19 is highly ambitious and unjustified.

(i) Non Solar RPO targets:

a. Wind power is infirm in nature and there is

huge deviation in day ahead wind

forecast and wind generation, which

makes it very difficult to precisely assess

the day-ahead deficit /surplus. RE plants

have been provided must-run status and

to accommodate energy from such

sources, Discoms have to surrender

power even from sources with much

lower variable cost making the grid

operation uneconomical. In case of wind

energy lesser than the forecast, Discoms

may have to resort load shedding to

match the availability of power which

affects the quality of power supply in the

State.

b. Rajasthan does not have sufficient hydro

resources to absorb the variations in the

wind generation. Alternatively, to

balance the variations, the installed

capacity of gas based plants is neither

sufficient nor commercially viable to

operate to handle variability in the wind

generation. Further, gas based stations

are not generating to their full capacity

due to constraints in gas allocation to

them. This leaves Discoms with only

thermal sources which, unlike hydro

resources, require time to ramp up and

ramp down.

c. 40% of total load of the State is

agriculture load, which is seasonal in

nature and varies according to weather

conditions. Wind power is available

during monsoon, which is lean demand

season for the State and limited wind

power is available, when the demand of

the state is at peak during winter rabi

season.

d. The State is having wind generation more

than 4000 MW and a tolerance band of

15% has been provided for deviation for

wind and solar generators, which is

equivalent to 600 MW in case of wind

energy. However, the Discoms start

attracting UI penalty for any deviation

beyond 250 MW.

e. Due to lower CUF of wind plants, the

transmission capacity is not fully utilized,

which results in an increase in the

transmission cost and in turn, additional

burden on Discoms and consumers of the

State.

f. Existing biomass power plants are already

striving for survival due to non-availability

of Biomass fuel and proposed increase in

Biomass obligation does not appear

appropriate. RPO targets for purchase of

biomass energy may be kept in line with

current availability of power from such

sources.

(ii) Solar RPO targets :

a. Even though the cost of purchasing solar

power is reduced over the years, the

average power purchase cost in the

State is still lower than the cost of power

from solar energy. Thus, there is an

additional burden on the Discoms while

purchasing solar power.

b. The Discoms are expected to meet the

RPO target, however, in case the targets

are increased beyond 250% (Sic.) and if

the proposed capacity is delayed, the

Discoms would again face shortfall in

RPO targets.

c. MoP has fixed RPO targets uniformly for

all States, however, it is equally important

to consider the State specific issues. As

per the Energy Assessment Committee,

the State already has the sufficient

sources tied up and planned to be

commissioned during coming years to

meet its round-the-clock (RTC) demand

upto 2022. In such a scenario, additional

sources to fulfill RPO will lead to stranded

capacity for which capacity charges still

have to be borne by the Rajasthan

Discoms, which will have a negative

impact on their costs as well as public at

large.

d. Discoms are reeling under severe

financial crisis and are making all out

efforts to achieve the targets set under

UDAY. The financial implication of

increasing RPO to the extent provided in

the draft Regulations will provide a

setback to the efforts being made by the

Rajasthan Discoms to achieve financial

turnaround.

e. A meeting held under chairmanship of

Chief Secretary on 17.11.16 considering

the various challenges, the realistic year

wise targets for purchase of RE to fulfill

RPOs upto the capacity targets set by

MNRE were decided. It is requested to

adopt these RPO targets and MNRE has

also been requested to adopt the same

targets. Any increase in RPO target

beyond these targets would burden the

state Discoms and consumers of the

Discoms.


Commission has considered the points raised above.

Commission is of the view that as regards the suggestion

that annual incremental RPO trajectory being on higher

side , Commission has framed Regulations imposing RPO

to achieve the objective of the Electricity Act, 2003 of

promoting generation of electricity from renewable

energy sources of energy, which are environment

friendly and thus, in the public interest. Commission has

adopted the long term growth trajectory notified by

MoP under para 6.4(1) of National Tariff Policy uniformly

for all States/Union territories aiming to achieve the long

term target of 175 GW of Renewable capacity by 2022.

MoP after taking holistic view and in consultation with

MNRE has notified the said RPO trajectory. The said

trajectory requires considerable scaling up of

deployment of both solar and non-solar resources of

energy. Commission after taking into account

availability of such resources and impact of RPO

percentages on retail tariff has adopted the long term

growth trajectory of RPOs notified by MoP. In light of the

above, the suggestions received in respect of higher

annual incremental RPO trajectory and higher proposed

RPO percentages not being realistic are not agreed.

As regards the suggestion to keep RPO for CPP and OA

consumers as 90% of that fixed for Discoms, it is stated

that as per section 86(1)(e) of the Act, Commission is

mandated to specify for purchase of RE, a percentage

of the total consumption of electricity in the area of a

Distribution Licensee. The consumption of electricity in

the area of distribution licensee is done by obligated

entities, which include Distribution Licensee, CPP and OA

consumers. Therefore, a uniform RPO trajectory has to

be specified for them. Therefore, the suggestions given

in this respect is liable to be rejected.

As regards the request of not insisting OA consumers to

achieve RPO, Hon‟ble Supreme Court of India in its

judgment in Civil Appeal No. 4417 of 2015 (Arising out of

SLP(C) 34063 of 2012) has confirmed the applicability of

RPO on captive and OA consumers. Therefore, the

suggestion in this respect is not accepted.

As regards the suggestion that comparing other States,

Rajasthan is having highest RPO percentage and these

are being increased annually at a much higher rate,

Commission has adopted the long term growth

trajectory notified by MoP under para 6.4(1) of National

Tariff Policy uniformly for all States/Union territories. Thus,

the contention that RPO target for Rajasthan would be

on higher side is not acceptable.

As regards suggestions that Regulations should come

into effect from FY 2016-17, it has already been clarified

in the Explanatory Memorandum to the draft

Regulations itself. Financial Year 2016-17 is over, the

obligations cannot be changed retrospectively as it will

be difficult to implement them. The obligated entities

have planned for RPO targets specified under the

Regulations already in force. In view of this, the

suggestion made in this respect is not accepted.

As regards the issue raised regarding surrendering the

cheap conventional power against costly wind power,

Commission has imposed RE obligation to seek the

objective of promoting „efficient and environmentally

benign policies‟ set out in the Electricity Act, 2003 and

function assigned under Section 86(1)(e) of the Act.

Commission has imposed RPO in the greater public

interest which would have long term impact on

protection of environment. Commission has solemn

obligation to protect and improve the present and

future environment generation. The environmental cost

need to be factored while comparing cost of electricity

generated from fossil based conventional generation

with electricity generated from RE sources. Thus, the

conventional sources of generation of electricity have to

give way to the renewable sources of energy. There is

need of the hour to protect environment and it is in

ecology to boost the generation of electricity utilizing

renewable energy sources. Further, as regards cost of

solar energy, declining trends are evident from the latest

auctions conducted for solar power for 750 MW at REWA

M.P. and 250 MW at Kadappa, AP. Similarly, in a recent

another auction conducted by SECI for 1000 MW wind

power, a lowest bid of Rs 3.46/kWh has been received,

which is less than the average pooled power cost of

many States. Encouraged by the same MNRE has

prepared another scheme for setting up of 1000 MW

wind power projects connected to Inter-state

Transmission System (ISTS) through transparent e-bidding

process followed by e-reverse auction. The upper ceiling

of the tariff that can be quoted has been as Rs

4.00/kWh. The State Discoms may also adopt similar

competitive bidding route for procurement of solar and

wind power. Therefore, the contention of the State

Discoms in this regard is not acceptable.

As regards the suggestion of Discoms that proposed RPO

would burden them, it is stated that in discharging

function of promoting and generation of electricity from

RE sources assigned to it under Section 86(1)(e) of the

Act and to achieve the objective of promotion of

environmental friendly policies, Commission has imposed

RPO for environmental cause as the electricity

generated from renewable energy sources is pollution

free. Obligated entities including Discoms have to

procure a percentage of their consumption from

renewable energy sources. The plea taken by the

Discoms that proposed RPO targets would burden them

cannot come in the way to carry out the objectives of

the Electricity Act 2003, National Electricity Policy and

Tariff Policy.

As regards the issue of variability of wind power, it is

stated that Commission is in the process of notifying the

Regulations for scheduling and forecasting of wind and

solar power in the State. In accordance to the provisions

of the said Regulations, the wind and solar projects have

to pay deviation charges for the deviations beyond a

specific tolerance band. These Regulations are

expected to encourage better forecasting and

scheduling amongst wind and solar projects at the same

time minimizing the inter-state UI incidence on the State

Discoms. Further, wind power projects are

geographically dispersed and benefits of aggregation

on forecasting accuracy are well documented. In light

of above, the concern raised should get appropriately

addressed and therefore, no change is required on this

account.

(4) RPO Compliance:

(a) The provision of the State Nodal Agency (SNA)

setting up an online portal for effective reporting

of compliance by the obligated entities may be

added in the RERC REC Regulations.

(b) Further, in the above Regulations, it may also be

elaborated that the fund created out of RPO

charges may be utilised to bring in more visibility of

the in-firm energy at SLDC level by way of data

telemetry etc.


The above suggestions pertain to the provisions of

Regulation 6 & 9 of the RERC (Renewable Energy

Certificate and Renewable Purchase Compliance

Framework) Regulations, 2010 which would be

considered as and when an amendment in these

provisions of the said Regulations is contemplated.

(5) Jurisdiction:

Section 86 (1)(e) of the Electricity Act, 2003 merely

grants the advisory power to the Commission for

promoting cogeneration and generation of electricity

from renewable sources of energy by providing suitable

measures for connectivity with grids and sale of energy

to any person and also specify for purchase of

electricity from such sources, a percentage of total

consumption of electricity in the area of a distribution

licensee. The function of specifying percentage of total

consumption of electricity cannot be equated with

vesting of power of delegated legislation, to

promulgate or enact the Regulations. Therefore, the

provision 86(1)(e) would be interpretated to mean that

while promoting the sale and purchase of RE and its

generation and cogeneration, Commission will advise

and encourage the obligated units to use the specified

percentage of RE. From perusal of Section 181 of the

Act, the Commission has not been vested with the

powers to make Regulations regarding the matters

pertaining to RE, its sale and purchase and

consumption by OA consumers.


Commission has considered the submissions made

above. According to the Commission Section 86(1)(e) of

the Electricity Act,2003 sufficiently empowers the

Commission to specify RPO Obligations. This is now well

settled. Therefore, Commission has considered the

Amendments as proposed and now finalized.

312. In light of above, the following Amendments are approved:

(1) Rajasthan Electricity Regulatory Commission (Power

Purchase & Procurement Process of Distribution

Licensees) (Fourth Amendment) Regulations, 2017:

Amendment in Regulation 4(1A) of the Principal Regulations:

The following table along with Explanation shall be

added below the existing table:

S.No. Year

Obligation expressed as percentage of

energy consumption (%) excluding

consumption met from hydro sources of

power.

Wind Biomass Solar Total

1. 2017-18 8.20 1.30 4.75 14.25

2. 2018-19 8.75 1.50 6.75 17.00

Explanation:

(1) The energy generated from Biogas, Biomass,

Biomass Gasifier and Municipal Solid Waste

(MSW)/Waste-to-Energy (WtE) based sources shall

be covered under the Biomass category.

(2) In case of insufficient availability of energy from

Biomass based sources during a year, the shortfall

can be made good by Wind Energy and to this

extent, RPO for wind would be increased.

(2) Rajasthan Electricity Regulatory Commission (Renewable

Energy Obligation) (Fourth Amendment) Regulations,

2017:

(i) Amendments in Regulation 2 of the Principal Regulations:

A. The existing Regulation 2(1)II shall be substituted as under:

“II. Renewable Energy or „RE‟ is the energy generated

from the Renewable Energy Sources defined in RERC

(Renewable Energy Certificate and Renewable Purchase

Obligation Compliance Framework)Regulations, 2010 as

amended from time to time and shall include

cogeneration.”

B. The existing Regulation 2(2) (II) shall be substituted as

under:

“(II) The Rajasthan Electricity Regulatory Commission

(Terms and Conditions for Open Access) Regulations,

2016 as amended from time to time.”

(ii) Amendment in Regulation 4 of the Principal Regulations:

The following table shall be added below the

existing tables appearing under the heading (A):

S.No. Year

Obligation expressed as percentage

of energy consumption (%) excluding

consumption met from hydro sources

of power.

Non-solar Solar Total

1 2017-18 9.50% 4.75% 14.25%

2 2018-19 10.25% 6.75% 17.00%

The following table shall be added below the

existing tables appearing under the heading (B):

S.No. Year

Obligation expressed as percentage of

energy consumption(%) excluding

consumption met from hydro sources of

power

1 2017-18 14.25%

2 2018-19 17.00%

(3) Rajasthan Electricity Regulatory Commission (Renewable

Energy Certificate and Renewable Purchase Obligation

Compliance Framework) (Second Amendment)

Regulations, 2017:

Amendments in Regulation 3 of the Principal Regulations:

The following proviso shall be added below the existing

Regulation 3(g) of the Principal Regulations:

“Provided that for the years 2017-18 and 2018-19, the

consumption of the obligated entity as defined above

shall exclude the consumption met from hydro sources

of power.”

313. Accordingly, the following finalized Amendment

Regulations are placed below:

(1) Rajasthan Electricity Regulatory Commission (Power

Purchase & Procurement Process of Distribution

Licensees) (Fourth Amendment) Regulations, 2017.

(2) Rajasthan Electricity Regulatory Commission

(Renewable Energy Obligation) (Fourth


(3) Rajasthan Electricity Regulatory Commission


Purchase Obligation Compliance Framework)

(Second Amendment) Regulations, 2017.

314. The above Amendment Regulations are placed in the file

for issue and publication in the official Gazette.

Sd/- Sd/- Sd/-

(Rajendra Prasad Barwar)

Member

(Vinod Pandya)

Member

(Vishwanath Hiremath)

Chairman

of 2

RAJASTHAN ELECTRICITY REGULATORY COMMISSION

NOTIFICATION

Jaipur, June, 2017

No. RERC/Secy/Regulation- ….

In exercise of the powers conferred under Section 86(1)(e) read with section 181

of the Electricity Act, 2003 and all power enabling it in this behalf, the Rajasthan

Electricity Regulatory Commission makes the following Regulations to amend the

RERC (Power Purchase & Procurement Process of Distribution Licensees)

Regulations,2004 (hereinafter referred to as „the Principal Regulations‟), namely:

1. Short title and commencement

(1) These Regulations shall be called the “Rajasthan Electricity Regulatory

Commission (Power Purchase & Procurement Process of Distribution

Licensees) (Fourth Amendment) Regulations, 2017.”

(2) These Regulations shall come into effect from 01.04.2017.

2. Amendment in Regulation 4(1A) of the Principal Regulations:

The following table along with Explanation shall be added below the existing

table:

S.No. Year

Obligation expressed as percentage of energy consumption

(%) excluding consumption met from hydro sources of power.

Wind Biomass Solar Total

1. 2017-18 8.20 1.30 4.75 14.25

2. 2018-19 8.75 1.50 6.75 17.00

Explanation:

(1) The energy generated from Biogas, Biomass, Biomass Gasifier and Municipal

Solid Waste (MSW)/Waste-to-Energy (WtE) based sources shall be covered

under the Biomass category.

(2) In case of insufficient availability of energy from Biomass based sources during

a year, the shortfall can be made good by Wind Energy and to this extent, RPO

for wind would be increased.

By Order,

(A.K.Joshi)

Secretary I/C

of 2

Note:

1. Principal Regulations were published in Rajasthan Gazette

Extraordinary Part-7 on 06.07.2004.

2. The Principal Regulations were amended vide:

i. Rajasthan Electricity Regulatory Commission (Power Purchase &

Procurement Process of Distribution Licensees) (First Amendment)

Regulations, 2006 notified in Rajasthan Gazette Extraordinary

Part-7 on 02.01.2007.

ii. Rajasthan Electricity Regulatory Commission (Power Purchase &

Procurement Process of Distribution Licensees) (Second

Amendment) Regulations, 2011 notified in Rajasthan Gazette


iii. Rajasthan Electricity Regulatory Commission (Power Purchase &

Procurement Process of Distribution Licensees)(Third Amendment)

Regulations,2014 notified in Rajasthan Gazette Extraordinary

Part-7 on 10.07.2014.

of 2


NOTIFICATION

Jaipur, June, 2017





RERC (Renewable Energy Obligation) Regulations,2007 (hereinafter referred to

as the „Principal Regulations‟), namely:



Commission (Renewable Energy Obligation) (Fourth Amendment)

Regulations,2017.”


2. Amendments in Regulation 2 of the Principal Regulations:

A. The existing Regulation 2(1)II shall be substituted as under:

“II. Renewable Energy or „RE‟ is the energy generated from the Renewable

Energy Sources defined in RERC (Renewable Energy Certificate and

Renewable Purchase Obligation Compliance Framework)Regulations,

2010 as amended from time to time and shall include cogeneration.”

B. The existing Regulation 2(2) (II) shall be substituted as under:

“(II) The Rajasthan Electricity Regulatory Commission (Terms and

Conditions for Open Access) Regulations, 2016 as amended

from time to time.”

3. Amendment in Regulation 4 of the Principal Regulations:

The following table shall be added below the existing tables appearing

under the heading (A)

S.No. Year

Obligation expressed as percentage of energy

consumption (%) excluding consumption met from

hydro sources of power.

Non-solar Solar Total

1 2017-18 9.50% 4.75% 14.25%

2 2018-19 10.25% 6.75% 17.00%

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The following table shall be added below the existing tables appearing

under the heading (B)

S.No. Year

Obligation expressed as percentage of energy

consumption(%) excluding consumption met from

hydro sources of power

1 2017-18 14.25%

2 2018-19 17.00%

By Order

(A.K.Joshi)

Secretary I/C

Note:



2. The Principal Regulations were amended vide:

i. Rajasthan Electricity Regulatory Commission (Renewable Energy

Obligation) (First Amendment) Regulations, 2011 notified in

Rajasthan Gazette Extraordinary Part-7 on 31.05.2011.

ii. Rajasthan Electricity Regulatory Commission (Renewable Energy

Obligation) (Second Amendment) Regulations, 2014 notified in


iii. Rajasthan Electricity Regulatory Commission (Renewable Energy

Obligation)(Third Amendment) Regulations,2015 notified in


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NOTIFICATION

Jaipur, June , 2017





RERC (Renewable Energy Certificate and Renewable Purchase Obligation

Compliance Framework) Regulations,2010 (hereinafter referred to as the

„Principal Regulations‟), namely:



Commission (Renewable Energy Certificate and Renewable Purchase

Obligation Compliance Framework) (Second Amendment) Regulations,

2017.”


2. Amendments in Regulation 3 of the Principal Regulations:

The following proviso shall be added below the existing Regulation 3(g) of the

Principal Regulations:

“Provided that for the years 2017-18 and 2018-19, the consumption of

the obligated entity as defined above shall exclude the

consumption met from hydro sources of power.”

By Order

(A.K.Joshi)

Secretary I/C

of 2

Note:



2. The Principal Regulations were amended vide Rajasthan Electricity

Regulatory Commission (Renewable Energy Certificate and

Renewable Purchase Obligation Compliance Framework) (First

Amendment) Regulations, 2016 notified in Rajasthan Gazette


Sub: In the matter of: Regulations, 2016 Purchase ...rerc.rajasthan.gov.in/Orders/Order396.pdf ·...

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