Petition of Hatsun Agro Product Limited for seeking directions upon MSEDCL to allow Net Metering – EQ
Summary:
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### **Key Prayers by HAPL:**
1. Direct MSEDCL to treat HAPL’s rooftop solar system under **Net Metering arrangement**.
2. Direct MSEDCL to **retrospectively adjust** amounts paid by HAPL based on net metering settlement from November 2023.
### **Background:**
– HAPL is an MSEDCL consumer with a **983 kW rooftop solar system** commissioned in November 2022 under a Net Metering Agreement.
– HAPL also avails **Open Access** for captive power procurement from third-party solar generators.
– MSEDCL has been billing HAPL on a **gross metering basis** for rooftop solar generation since November 2023, citing regulatory ambiguity.
– HAPL argued that the **DOA (Second Amendment) Regulations, 2023** (effective 10 November 2023) explicitly permit simultaneous Open Access and Net Metering.
– MSEDCL contended that HAPL did not apply for **Green Energy Open Access (GEOA)** through the proper nodal agency (MSLDC) as required under the amended regulations, and that clarification on the regulations is pending in **Case No. 232 of 2024**.
### **MERC’s Analysis & Ruling on Key Issues:**
#### **1. Regulatory Framework for Simultaneous Net Metering & Open Access:**
– **Ruling:** The **DOA (Second Amendment) Regulations, 2023** permit consumers to simultaneously avail Open Access and Net Metering.
– **Reasoning:** The earlier **8th proviso** (which mandated gross metering during Open Access) was **deleted**. **Regulation 3.4** now explicitly allows simultaneous operation under Net Metering for eligible consumers under **Regulation 3.2 or 3.3**.
– Since HAPL’s Open Access commenced in November 2023, MSEDCL should have applied **net metering adjustments** from **10 November 2023**.
#### **2. Procedural Compliance in Securing Open Access:**
– **Ruling:** MSEDCL cannot deny Net Metering benefits due to its own failure in implementing the amended regulations.
– **Reasoning:** MSEDCL delayed implementing the 2023 amendments and only issued a compliance circular in September 2024 after a directive from MERC. Had MSEDCL implemented the rules timely, HAPL could have applied through the correct channel. **MSEDCL’s failure cannot prejudice HAPL.**
#### **3. Overlap with MSEDCL’s Clarificatory Petition (Case No. 232 of 2024):**
– **Ruling:** MSEDCL must comply with existing regulations and cannot discriminate between consumers.
– **Reasoning:** MERC had already ruled in **Case No. 197 of 2024** (28 July 2025) that MSEDCL must provide **net metering adjustments** pending the outcome of the clarificatory petition. MSEDCL cannot treat HAPL differently.
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