Petition for Procurement of Power by Distribution Licensees and Others from Wind-Solar Hybrid Projects Including Storage and evacuation of power from its 6 MW Hybrid Power Plant being Force Majeure events – EQ

Summary:

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### ⚖️ **Case Overview**

* **Forum:** Gujarat Electricity Regulatory Commission (GERC), Gandhinagar
* **Petitioner:** *Opera Engitech Pvt. Ltd.*, Jamnagar, Gujarat
* **Respondent:** *Gujarat Energy Transmission Corporation Ltd. (GETCO)*, Vadodara
* **Coram:** Mehul M. Gandhi (Member) & S.R. Pandey (Member)
* **Date of Order:** 29 September 2025

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### 🧾 **Nature of Petition**

The petitioner filed this petition under **Section 86 of the Electricity Act, 2003**, read with **GERC Order No. 01 of 2024 (Tariff Framework for Wind-Solar Hybrid Projects)**, seeking:

> **Extension of the Scheduled Commercial Operation Date (SCOD)** for the evacuation infrastructure of its **6 MW hybrid power plant** (later combined with other capacities) due to **Force Majeure events** and uncontrollable circumstances.

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### ⚙️ **Background Facts**

* **Total project capacity:** 36 MW hybrid power project (30 MW + 6 MW) by Opera Engitech.
* **Connectivity:**

* Stage-I & Stage-II connectivity granted by GETCO for **30 MW** (31.01.2024).
* Additional Stage-II connectivity granted for **6 MW** (31.03.2024) at **GETCO’s 66 kV Gangiyavadar Substation**.
* **Bank Guarantee:** Submitted on 01.02.2024, valid till 01.01.2026.

#### ⚡ Key Developments:

1. GETCO proposed **sharing** of Opera’s transmission infrastructure for future renewable energy (RE) developers.
2. **Consortium Agreement (31.03.2024)** signed between Opera Engitech and **JSW Energy**, allocating an additional **9 MW** capacity on a shared basis — increasing total capacity to **45 MW**.
3. The revised configuration required changes in **Current Transformer (CT) ratios**:

* Initially: 300/1 A (for 30 MW)
* Revised: 400/1 A (for 36 MW)
* Final: 450/1 A (for 45 MW with JSW inclusion)
4. **Re-approvals** for new technical drawings and equipment specifications were obtained from GETCO (final approval dated **20.12.2024**).
5. The project’s completion was delayed beyond SCOD (**31.03.2025**) due to these technical and procedural changes.

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### ⛔ **Petitioner’s Arguments**

* The inclusion of JSW and revised connectivity requirements were **beyond Opera’s control**, qualifying as **Force Majeure** or “unforeseen reasons” under Clause 3.10 of the Tariff Framework Order (2024).
* Revisions in CT ratios and evacuation design caused unavoidable delays, as all approvals had to be re-obtained.
* The developer complied with GETCO’s procedure requiring shared use of transmission assets.
* Opera invested **over ₹200 crores** and completed most project work, seeking extension of time rather than penalty.

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### ⚖️ **Respondent’s (GETCO) Submissions**

* The **petitioner was aware** that infrastructure had to be designed for **shared connectivity** up to 50 MW.
* Changes in CT ratio were **technical adjustments**, not Force Majeure events.
* The petitioner was required to plan for full capacity from inception as per the connectivity letters.
* The **timelines for 6 MW (March 2025)** and **30 MW (July 2025)** projects had expired.
* The 450/1 CT ratio was approved before the petitioner’s claimed delay (meeting on 10.10.2024).
* Opera’s claim of “unforeseen events” lacks merit; delays were due to project management issues, not external factors.

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### 🧮 **Commission’s Observations**

* The petition seeks **extension of SCOD** for evacuation infrastructure due to changing connectivity configurations (6 MW → 36 MW → 45 MW).
* These changes required new CT/PT ratios and technical redesigns, affecting project timelines.
* Both parties completed arguments.
* **Respondent granted two weeks** to file its written reply and response to the petitioner’s amendment.
* **Petitioner granted two weeks** thereafter to file rejoinder and final written submission.

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