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KERC: Amount Due to reimburse by appropriate increase in tariff per unit taking into consideration the minimum contracted energy in PPA

KERC: Amount Due to reimburse by appropriate increase in tariff per unit taking into consideration the minimum contracted energy in PPA

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ORDER

a) The petitions are partly allowed.
b) The petitioner and the respondent in each of the cases shall verify the amount payable to the Petitioner in the respective cases after examining the documents and other directions given in para 48 & 54 above. This process shall be completed within a period of two months from date of this order. If the above process is not completed within the stipulated time stated above due to the fault of the respondent, the defaulting respondent shall be liable to pay interest at the rate of 8% per  OP No.48/49/50/51/52/2019 Page 83 of 83 annum from the date of default to the date of completion of the process of verification, on the amount payable to the
concerned Petitioner.
c) The amount found to be due and payable to the petitioners shall be spread over for the remaining period of the PPA from the date of this order and shall be reimbursed by appropriate increase in tariff per unit taking into consideration the minimum contracted energy as per provisions of the PPA for the respective Solar Power Projects.
d) The petitioners are not entitled to any of the carrying cost.
e) The petitioners shall abide by the undertaking as per the Affidavit dated 19.09.2020 to reimburse the amount received from the Respondents, if any, in the event of the Hon’ble Supreme Court of India, in SLP No.24009-24010/2018 setting aside the Safeguard Duty Notification No:01/2018 Custom (SG) dated 30.07.2018, issued by Ministry of Finance, Government of India. In case, the Petitioners failed to repay the amount received from the Respondents, then the Respondents are at liberty to adjust the amount due to them in the monthly tariff bills.
f) Accordingly, the petitioners and respondents shall submit the Supplementary Power Purchase Agreements for the approval of the Commission.
g) The original Order shall be kept in OP No.48/2019 and copies, thereof, in OP Nos.49/2019,50/2019, 51/2019 and 52/2019.

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Anand Gupta Editor - EQ Int'l Media Network