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

Summary:

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## ⚖️ **Case Overview**

**Commission:** Gujarat Electricity Regulatory Commission (GERC), Gandhinagar
**Order No.:** 05 of 2024
**Date of Daily Order:** 29 August 2025
**Subject Matter:**
**Tariff Framework for Procurement of Power by Distribution Licensees and Others from Wind Power Projects in Gujarat**

**Coram:**

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

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## 🗓️ **Background**

* The matter relates to **implementation of GERC’s earlier Order No. 05 of 2024**, which had finalized a tariff framework for procurement of wind power.
* Multiple **appeals (Nos. 06, 07, 38, 79, and 164 of 2025)** were filed before the **Appellate Tribunal for Electricity (APTEL)** challenging the retrospective application of the order from **6 June 2022**.
* The **Hon’ble APTEL**, in its **order dated 3 July 2025**, **set aside** the retrospective aspect of GERC’s order and **remanded the matter back** to GERC for **fresh consideration** after granting all parties an opportunity to be heard.

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## ⚙️ **Proceedings on 19 August 2025**

* GERC listed the case for compliance with APTEL’s remand directions.
* Hearing notices were issued on **13 August 2025** to all 17 objectors.
* **GUVNL’s counsel**, Mr. Aneesh Bajaj, requested time to file replies/submissions and suggested a shorter hearing date for efficiency.
* **Counsels for IWEA and others (Objectors 10, 15, 16, and 17)** also sought additional time to file their responses.

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## 📢 **Observations of the Commission**

1. **Non-Appearance of Several Objectors**

* Objectors 2, 3, 4, 5, 8, 11, 12, 13, and 14 did **not appear** and did **not submit** any written communication, despite being served notices.

2. **APTEL’s Direction (Key Point)**

* The Tribunal directed that GERC must **reconsider the issue only regarding the retrospective effect** of Order No. 05 of 2024 (i.e., the date 06.06.2022).
* GERC was asked to complete the process **within three months** from receipt of APTEL’s order.

3. **Commission’s View**

* Since the issue is now limited to retrospective applicability, GERC decided to **reinitiate public consultation** on that specific point.

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## 📰 **Public Notice Direction**

The Commission directed its staff to:

* **Issue a public notice** in **two Gujarati** and **one English** newspaper with wide circulation in Gujarat.
* Invite **comments, suggestions, and objections** from stakeholders regarding retrospective application of Order No. 05 of 2024.
* Also **upload the notice on the GERC website**.
* Stakeholders are to file submissions **on affidavit within 10 days** from the notice date, in **five copies**, addressed to the **Secretary, GERC**, GIFT City, Gandhinagar.

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## 🕒 **Next Steps and Directions**

* **GUVNL, IWEA, and objectors 10, 15, 16, and 17** were granted **10 additional days** to file written submissions.
* Other objectors who have not responded yet are also permitted to submit replies within the same timeframe.
* **Next date of hearing** will be **intimated separately**.
* The matter is **adjourned in the interest of justice**.

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## 🏁 **Conclusion**

The Commission, comprising **Members Mehul M. Gandhi and S.R. Pandey**, has:

* Accepted APTEL’s directions.
* Reopened the matter for limited review.
* Called for public and stakeholder submissions before issuing a revised determination on retrospective applicability.

**Place:** Gandhinagar
**Date:** 29 August 2025
**Signed by:**

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

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