In the Matter of Tariff Framework for Procurement of Power by Distribution licensees and Others from Wind Power Projects for State of Gujarat – EQ

Summary:

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## ⚖️ **Summary — GERC Order No. 05 of 2024**

**Title:** *Tariff Framework for Procurement of Power by Distribution Licensees and Others from Wind Power Projects for the State of Gujarat*
**Order Date:** 25 September 2025
**Hearing Date:** 19 September 2025
**Commission:** Gujarat Electricity Regulatory Commission (GERC), Gandhinagar
**Coram:**

* Shri S. R. Pandey, Member
* Shri Mehul M. Gandhi, Member

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### 🔹 **Parties and Objectors**

**Objector No. 1:** Gujarat Urja Vikas Nigam Ltd. (GUVNL) – *represented by* Ld. Adv. Ms. Ranjitha Ramachandran with Mr. Kishore Lakhani
**Other Objectors:**
Wind developers, associations, and stakeholders such as:

* Indian Wind Energy Association (IWEA)
* Torrent Power Ltd.
* Ganesha Wind Park Pvt. Ltd., OPWIND Energy Pvt. Ltd., Juniper Green Beam Pvt. Ltd., Opera Energy Pvt. Ltd.
* Palsana Enviro Protection Ltd., Sachin Infra Environment Ltd., Jaybharat Energy Pvt. Ltd.
* Gujarat Energy Development Agency (GEDA)
* Several industrial consumers and individual developers

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### 🔹 **Subject Matter**

Determination of the **Wind Power Tariff Framework** for Gujarat — addressing **effective dates**, **policy applicability**, and **retrospective versus prospective implementation** of the new tariff order issued in **August 2024**.

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### 🔹 **Key Submissions by Objectors**

#### 1️⃣ *Indian Wind Energy Association (IWEA)* – Ld. Adv. Mr. Saunak Kumar Rajguru

* Argued that the **Wind Tariff Order cannot have retrospective effect**.
* Requested it be **effective from 31 August 2024** (date of issuance).
* Cited precedents from the **Supreme Court** and **APTEL**.
* Noted that the **Electricity (Amendment) Rules, 2022** were struck down by the **Karnataka High Court**; therefore, they cannot form the legal basis for retrospective effect.
* As an alternative, requested effectiveness from **22 February 2024**, the date when **GERC (GEOA) Regulations, 2024** were notified.
* Claimed retrospective application has **adversely affected developers** who invested based on the **2020 Wind Tariff Order** and earlier commercial arrangements.

#### 2️⃣ *Palsana Enviro Protection Ltd., Sachin Infra Environment Ltd., Jaybharat Energy Pvt. Ltd.* – Ld. Adv. Mr. Lakshyajit Singh Bagdwal

* Stated their projects were developed under the **Gujarat Wind Policy 2016**, extended periodically.
* Claimed benefits under that policy are **vested rights** and cannot be withdrawn retroactively.
* Argued that, alternatively, the **Renewable Energy Policy 2023** of the State should apply, not retrospective tariff changes.

#### 3️⃣ *Shree Giriraj Cotspin Pvt. Ltd.*

* Supported the above submissions.

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### 🔹 **Submissions by GUVNL (Objector No. 1)**

* Represented by Ld. Adv. Ms. Ranjitha Ramachandran.
* Argued that tariff orders under **Sections 62 and 63** of the *Electricity Act, 2003* differ from the cases cited by other parties, where orders were deemed prospective.
* To avoid a **tariff gap or “vacuum period,”** retrospective effectiveness may be justified.
* Cited the **Gujarat Renewable Energy Policy 2023**, which succeeded the Wind Policy 2016.
* Suggested the Commission make the new tariff **effective from the date specified in the RE Policy 2023**.

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### 🔹 **Commission’s Observations**

* Several objectors (Nos. 2, 3, 4, 5, 7, 9, 11, 12, 13, 14, 18) were **absent despite public notice**.
* Commission **heard the present parties** and **granted one week** to all for filing written notes of arguments.
* The **matter is now reserved for final order**.

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### ⚙️ **Key Issue Under Consideration**

Whether the **2024 Wind Tariff Order** should apply:

1. **Retrospectively** (to maintain tariff continuity), as sought by **GUVNL**, or
2. **Prospectively** from **31 August 2024** (or at most **22 February 2024**), as sought by **wind developers and associations**.

This issue will determine **the financial treatment of power procurement** and **benefit continuity** for existing wind projects under earlier state policies.

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### 📅 **Next Step**

* Written submissions due within **one week** from 25 September 2025.
* **Order reserved** — Final determination on **effective date and applicability** of the *Wind Tariff Framework 2024* pending.

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