Sub: In the matter of:
(1) Draft Rajasthan Electricity Regulatory Commission
(Power Purchase & Procurement Process of
Distribution Licensees) (Fourth Amendment)
Regulations, 2016
(2) Draft Rajasthan Electricity Regulatory Commission
(Renewable Energy Obligation) (Fourth
Amendment) Regulations, 2016.
(3) Draft Rajasthan Electricity Regulatory Commission
(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 :
(1) Draft Rajasthan Electricity Regulatory Commission
(Power Purchase & Procurement Process of Distribution
Licensees) (Fourth Amendment) Regulations, 2016.
(2) Draft Rajasthan Electricity Regulatory Commission
(Renewable Energy Obligation) (Fourth Amendment)
Regulations, 2016.
(3) Draft Rajasthan Electricity Regulatory Commission
(Renewable Energy Certificate and Renewable
Purchase Obligation Compliance Framework) (Second
Amendment) Regulations, 2016.
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’s view/decision
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’s view/decision
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.
Commission’s view/decision
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’s view/decision
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
Amendment) Regulations, 2017.
(3) Rajasthan Electricity Regulatory Commission
(Renewable Energy Certificate and Renewable
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
Page 1 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
Page 2 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
Extraordinary Part-7 on 31.05.2011.
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.
Page 1 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 (Renewable Energy Obligation) Regulations,2007 (hereinafter referred to
as the „Principal Regulations‟), namely:
1. Short title and commencement
(1) These Regulations shall be called the “Rajasthan Electricity Regulatory
Commission (Renewable Energy Obligation) (Fourth Amendment)
Regulations,2017.”
(2) These Regulations shall come into effect from 01.04.2017.
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:
1. Principal Regulations were published in Rajasthan Gazette
Extraordinary Part-7 on 09.05.2007.
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
Rajasthan Gazette Extraordinary Part-7 on 30.05.2014.
iii. Rajasthan Electricity Regulatory Commission (Renewable Energy
Obligation)(Third Amendment) Regulations,2015 notified in
Rajasthan Gazette Extraordinary Part-7 on 30.03.2015.
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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 (Renewable Energy Certificate and Renewable Purchase Obligation
Compliance Framework) Regulations,2010 (hereinafter referred to as the
„Principal Regulations‟), namely:
1. Short title and commencement
(1) These Regulations shall be called the “Rajasthan Electricity Regulatory
Commission (Renewable Energy Certificate and Renewable Purchase
Obligation Compliance Framework) (Second Amendment) Regulations,
2017.”
(2) These Regulations shall come into effect from 01.04.2017.
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
Page 2 of 2
Note:
1. Principal Regulations were published in Rajasthan Gazette
Extraordinary Part-7 on 22.02.2011.
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
Extraordinary Part-7 on 9.05.2016.