Petition of GERC (Conduct of Business) Regulations for Tariff 0Framework for Procurement of Power by Distribution Licensees and others from Wind Power Projects for State of Gujarat – EQ

Summary:

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### ⚖️ **Case Overview**

* **Forum:** Gujarat Electricity Regulatory Commission (GERC), Gandhinagar
* **Petition Type:** Review Petition under Regulation 72(1) of GERC (Conduct of Business) Regulations, 2004
* **Petition No.:** R.P. No. 29 of 2024
* **IA No.:** 51 of 2025 (for impleadment)
* **Petitioner:** *M/s Safar Polyfibres Pvt. Limited*
* **Respondent / Applicant in IA:** *Gujarat Urja Vikas Nigam Limited (GUVNL)*
* **Coram:** Mehul M. Gandhi (Member) & S. R. Pandey (Member)
* **Date of Order:** 25 September 2025
* **Petitioner’s Counsel:** Mr. Vikram Shah
* **GUVNL’s Counsel:** Ms. Ranjitha Ramachandran with Mr. Kishore Lakhani

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### 🧾 **Subject Matter**

The petition seeks **review of GERC’s Wind Tariff Order No. 05 of 2024** dated **31 August 2024**, particularly regarding the **control period’s effective date**.

The **petitioner requests rectification** of the control period so that it becomes effective **from the date of the Order (31.08.2024)** instead of **retroactively from 06.06.2022**, which they claim is contrary to applicable policy and rules.

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### ⚙️ **Key Submissions**

#### **Petitioner’s (Safar Polyfibres) Arguments**

* The **Wind Tariff Order No. 05/2024** wrongly specifies its **effective date as 06.06.2022**, while it should be **effective from the date of the Order itself (31.08.2024)**.
* This retrospective application violates the **Gujarat Renewable Energy Policy, 2023**, which became effective from **01.01.2024** or later.
* The **Green Energy Open Access Rules, 2022** (MoP Notification dated 06.06.2022) under **Clause 12** required the **Forum of Regulators (FOR)** to prepare model regulations for uniform methodology of open access charges.
* Since FOR hasn’t issued such regulations yet, and the Ministry of Power hasn’t directed retrospective implementation, applying the tariff order from June 2022 is **legally unsound**.
* Requested that the control period of the 2024 Wind Tariff Order be **corrected to be effective prospectively** from its issuance date.
* Requested two weeks’ time to file a **written note of arguments**.

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#### **Respondent’s (GUVNL) Submissions**

* GUVNL filed **IA No. 51 of 2025** seeking **impleadment as Respondent** in this Review Petition.
* Their counsel stated that **arguments made in the related remand proceedings of Order No. 05/2024** already cover the same issues.
* No additional submissions were made, and they requested the Commission to decide the matter based on existing records and arguments already heard.

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### 🏛️ **Commission’s Observations & Directions**

* The Commission noted that both parties had **completed oral arguments**.
* It directed both sides to **submit their written notes of arguments within one week**.
* The matter is now **reserved for final order**.

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