Petition of the Power Purchase Agreement executed between Eden Renewable Alma Private Ltd. and Solar Energy Corporation of India Ltd. for Change in Law events – EQ

Summary:

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## Key Case Details

| Parameter | Detail |
|———–|———|
| **Case No.** | Petition No. 911/MP/2025 |
| **Petitioner** | Eden Renewable Alma Private Limited (ERAPL) – a renewable energy generator |
| **Respondents** | 1. Solar Energy Corporation of India Limited (SECI)<br>2. Another (not specified) |
| **Legal basis** | Section 79 of the Electricity Act, 2003 + Article 12 of PPA |
| **PPA date** | 28 November 2023 |
| **Nature of relief sought** | Approval of Change in Law events + consequential relief (compensation / tariff adjustment) |
| **Hearing date** | 7 April 2026 |
| **Next hearing** | 16 June 2026 |

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## What Happened at the Hearing (7 April 2026)

| Event | Detail |
|——-|——–|
| **Petitioner’s request** | Sought permission to **amend the petition** (reasons not disclosed in this record) |
| **CERC’s direction** | Allowed the petitioner to file an **appropriate amendment application** |
| **Timeline for amendment** | Within **three weeks** from 7 April 2026 (i.e., by ~28 April 2026) |
| **Next listing** | Petition + amendment application to be heard on **16 June 2026** |

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## Legal Context – “Change in Law” under Section 79 & Article 12

In Indian power sector PPAs (especially with SECI), **Change in Law** provisions (typically Article 12) allow for **tariff adjustment or compensation** to the generator if there is a change in Indian law (including taxes, duties, levies, or regulatory requirements) that has a **material financial impact** on the project.

| Typical Change in Law triggers | Examples |
|——————————-|———-|
| Change in GST / customs duty | New or increased taxes on solar modules, inverters, etc. |
| Change in environmental/regulatory norms | ALMM reinstatement, import duty changes |
| Force majeure linked to legal changes | Bans or restrictions on components |

The petitioner (ERAPL) is seeking **CERC’s approval** that certain events qualify as Change in Law, and for **consequential relief** (likely additional tariff or compensation from SECI).

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## Business & Legal Implications

| Stakeholder | Implication |
|————-|————-|
| **ERAPL (Petitioner)** | Seeking to amend petition – possibly to add new Change in Law events (e.g., recent duty changes, ALMM notification) or update financial claims. |
| **SECI (Respondent)** | Will have opportunity to oppose amendment and/or the underlying Change in Law claims. |
| **Other SECI-connected RE generators** | Outcome will impact how CERC treats similar Change in Law claims for PPAs executed around late 2023. |
| **Investors / lenders in RE projects** | Change in Law adjudication affects project revenues – this case is a marker for risk allocation. |

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