Section 5 in Central Electricity Regulatory Commission (Terms and Conditions for Recognition and Issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010
5. Eligibility and registration for Certificates.
(1)A generating company engaged in generation of electricity from the renewable energy sources shall be eligible to apply for registration for issuance of and dealing in certificates if it fulfills the following conditions:-(a)it has obtained accreditation from the State Agency;(b)it does not have any power purchase agreement for the capacity related to such generation to sell electricity at a preferential tariff determined by the Appropriate Commission; and(c)it sells the electricity generated either, (i) to the distribution licensee of the area in which the eligible entity is located, at a price not exceeding the pooled cost of power purchase of such distribution licensee, or (ii) to any other licensee or to an open access consumer at a mutually agreed price, or through power exchange at market determined price.Explanation : For the purpose of these regulations Tooled Cost of Purchase' means the weighted average pooled price at which the distribution licensee has purchased the electricity including cost of self-generation, if any, in the previous year from all the energy suppliers long-term and short-term, but excluding those based on renewable energy sources, as the case may be:[Provided that such a generating company having entered into a power purchase agreement for sale of electricity at a preferential tariff shall not, in case of pre-mature termination of the agreement, be eligible for participating in the Renewable Energy Certificate (REC) Scheme for a period of three years from the date of termination of such agreement or till the scheduled date of expiry of power purchase agreement, whichever is earlier, if any order or ruling is found to have been passed by an Appropriate Commission or a competent court against the generating company for material breach of the terms and conditions of the said power purchase agreement:Provided Further that a Captive Power Producer (CPP) based on renewable energy sources shall be eligible for the entire energy generated from such plant including self consumption for participating in the REC Scheme subject to the condition that such CPP has not availed or does not propose to avail any benefit in the form of concessional/ promotional termination of wheeling charges, banking facility benefit and waiver of electricity duty:Provided also that if such a CPP forgoes on its own, the benefits of concessional transmission or wheeling charges, banking facility benefit and waiver of electricity duty, it shall become eligible for participating in the REC Scheme only after a period of three years has elapsed from the date of forgoing such benefits:Provided also that, the abovementioned condition for CPPs for participating in the REC Scheme shall not apply if the benefits given to such CPPs in the form of concessional transmission or wheeling charges, banking facility benefit and waiver of electricity duty are withdrawn by the State Electricity Regulatory Commission and/or the State Government.The dispute, if any, on the question as to whether such concessional/promotional benefits were availed by a CPP or not shall be referred to the Appropriate Commission.Explanation: For the purpose of this regulation, the expression 'banking facility benefit' shall mean only such banking facility whereby the CPP gets the benefits of utilizing the banked energy at any time (including peak hours) even when it has injected into grid during off-peak hours.] [Inserted by Notification No. L-1/12/2010-CERC, dated 29-9-2010, w.e.f 1-10-2010.](2)The generating company after fulfilling the eligibility criteria as provided in clause (1) of this regulation may apply for registration with the) Central Agency in such manner as may be provided in the detailed procedure.(3)The Central Agency shall accord registration to such applicant within fifteen days from the date of application for such registration:Provided that an applicant shall be given a reasonable opportunity of being heard before his application is rejected with reasons to be recorded in writing.(4)A person aggrieved by the order of the Central Agency under proviso to clause (3) of this regulation may appeal before the Commission within fifteen days from the date of such order, and the Commission may pass order, as deemed appropriate on such appeal.
