Petition with GERC (Electricity Supply Code and Related matters) and (Standard of Performance of Distribution Licensee) Regulations, Contract demand by PGVCL – EQ
Summary:
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## **Case Details**
* **Petitioner**: Archean Chemical Industries Ltd. (Kutch, Gujarat).
* **Respondents**:
1. Paschim Gujarat Vij Company Ltd. (PGVCL)
2. Gujarat Energy Transmission Corporation Ltd. (GETCO)
* **Legal Basis**: Petition under **Sections 42, 43, 50, 86 of the Electricity Act, 2003** with **GERC Supply Code 2015** and **Standard of Performance Regulations 2005**.
* **Subject**: Seeking **extension of time** for completion & commissioning of a **66 kV transmission line and bays** for release of **4500 kVA power demand**.
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## **Petitioner’s Submissions**
* **Application for Power**: Made on 28.03.2022 to PGVCL for 4500 kVA at 66 kV level for its chemical plant at Hajipir (Kutch).
* **Financial Commitment**: Paid ₹5.91 crore (estimate charges) on 28.07.2022; signed HT supply agreement on 03.08.2022.
* **Delays & Challenges**:
* Site difficulties due to soft/slushy soil in **Banni Grassland** (85% of tower locations).
* Excessive/prolonged monsoon (2022), severe water logging.
* Delayed NOC from Forest Department (land in Greater Rann of Kutch).
* 127 towers planned, 108 located in poor soil zones requiring heavy foundation works.
* **Regulatory Hurdles**:
* Work halted in Jan 2023 by Forest Dept. pending NOC.
* GETCO applied for diversion of **9.0039 ha forest land** under FCA on 22.02.2023 via *Parivesh* portal.
* In-principle approval from MoEF&CC received on 20.12.2023.
* **Physical Progress**: Line & substation works completed by July 2023 but not energized until NOC.
* **Load Release**: Only commenced on 01.02.2024 after forest clearance.
Petitioner argued delays were beyond its control and sought **time extension** until actual load release.
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## **Respondents’ Submissions (PGVCL & GETCO)**
* Argued this is essentially a **consumer dispute**, to be dealt with under **Section 42(5)-(7) of the Electricity Act** by **CGRF/Ombudsman**, not GERC.
* Pointed to contractual terms:
* Under **Option-III**, petitioner itself responsible for execution, wayleave, ROW, statutory clearances, etc.
* Agreements & estimates clearly required completion within **180 days** (by Jan 2023).
* Cited Ombudsman order in **RSPL Ltd. vs. PGVCL (2019)** denying similar relief.
* Maintained petitioner liable for **deemed release charges** (demand & minimum charges) despite delays.
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## **Commission’s Observations & Order**
* Heard both parties at length (29.08.2025 hearing).
* Directed **both sides to file written submissions within 4 weeks**.
* **Next hearing** to be scheduled separately.
* Coram: Members **S.R. Pandey** & **Mehul M. Gandhi**.
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