Petition of the CERC (Conduct of Business) Regulations to MPPMCL – EQ

Summary:

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### **Background**
This document is a **Record of Proceedings** dated **07.04.2026** before the **Central Electricity Regulatory Commission (CERC)** in **Petition No. 934/MP/2025**.

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### **Hearing Details**
– **Date of Hearing:** 07.04.2026
– **Coram (Bench):**
– Shri Jishnu Barua – Chairperson
– Shri Ramesh Babu V. – Member
– Shri Harish Dudani – Member
– Shri Ravinder Singh Dhillon – Member

### **Parties Present**
| For MPPMCL (Petitioner) | For SECI (Respondent No.1) |
|————————|—————————|
| Shri Aditya Singh, Advocate | Ms. Anushree Bardhan, Advocate |
| – | Ms. Ritika Singh, Advocate |
| – | Ms. Somya Sahni, Advocate |
| – | Ms. Rashmi Vaish, Advocate |

| For Azure Power Maple (Respondent No.2) |
|—————————————–|
| **None present** – No reply filed yet |

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### **Key Events & Directions**

1. **Petitioner’s Request (MPPMCL):**
– Sought **liberty to file a rejoinder** to the reply filed by **SECI (Respondent No.1)**.
– Pointed out that **Respondent No.2 (Azure Power Maple Pvt. Ltd.)** has **not filed any reply** in the matter.

2. **CERC’s Directions:**
– **Respondent No.2 (Azure Power Maple Pvt. Ltd.)** granted a **final opportunity** to file its reply.
– **Timeline:** Within **3 weeks** from 07.04.2026.
– Copy to be served to the Petitioner.
– **Petitioner (MPPMCL)** may file its **rejoinder(s)** (to both SECI’s reply and Azure’s reply) within **3 weeks thereafter**.
– **Next hearing date:** **11.06.2026**

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### **Legal Provisions Invoked**

| Provision | Purpose |
|———–|———|
| **Section 79(1)(b), Electricity Act, 2003** | CERC’s functions – to regulate the tariff of generating companies owned or controlled by the Central Government. |
| **Section 79(1)(f), Electricity Act, 2003** | CERC’s functions – to adjudicate disputes involving generating companies, transmission licensees, and other entities regarding matters connected with Clause (b) or (e). |
| **Regulation 65, CERC (Conduct of Business) Regulations, 2023** | Likely related to filing of replies, rejoinders, and procedural timelines. |

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## 💼 **Key Takeaways**

### **For MPPMCL (Petitioner)**
1. **Procedural delay** – The matter is delayed due to non-filing of reply by Azure Power Maple (Respondent No.2).
2. **Now has clarity** – Once Azure files its reply (within 3 weeks), MPPMCL will get another 3 weeks to file rejoinders.
3. **Next hearing in June 2026** – No interim relief or final order at this stage. The dispute remains pending.

### **For SECI (Respondent No.1)**
– Has already filed its reply. Now awaits:
– Azure’s reply
– MPPMCL’s rejoinder(s)
– No further direction imposed on SECI at this stage.

### **For Azure Power Maple Pvt. Ltd. (Respondent No.2)**
– **Missed earlier deadline** – CERC has granted a **final opportunity** to file reply.
– **Must act within 3 weeks** – Failure to reply may result in CERC proceeding *ex parte* (without its submissions), which could weaken its defense.
– As a generator, Azure likely has commercial and tariff-related stakes in the outcome.

### **For Renewable Energy Sector & Power Market Participants**
1. **Dispute nature (inferred)** – MPPMCL (State entity) is in dispute with SECI (Central PSU) and Azure (private generator). Likely issues:
– Tariff determination / adoption under SECI tender
– Power procurement obligations
– Scheduling / dispatch / payment disputes under a PPA
2. **CERC’s jurisdiction** – This case falls under CERC’s **adjudicatory and tariff regulation** powers (Section 79(1)(b) & (f)), indicating it is not a mere procedural matter but a substantive dispute.
3. **Timeline sensitivity** – The 3+3 week schedule pushes final hearing to mid-2026. Resolution may take 6-12 months from filing.
4. **Azure’s participation critical** – As the generator, Azure’s position is essential to resolve any commercial or technical disputes between MPPMCL and SECI.

### **For Legal & Regulatory Professionals**
– The case illustrates a **three-party dispute** (State power company + Central PSU + private generator) – a common structure in renewable PPAs.
– **Regulation 65 of CERC Conduct of Business Regulations, 2023** – Likely invoked for procedural relief or extension of timelines.
– The final order (expected after 11.06.2026) may clarify:
– Obligations of SECI vs. generator in tender-based PPAs
– CERC’s role in disputes involving State-owned distribution/power management companies

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