Section 9 in Bihar Electricity Regulatory Commission (Renewable Purchase Obligation, its Compliance and REC Framework Implementation) Regulations, 2010
9. Effect of Default.
- 9.1 If an obligated entities does not fulfill the renewable purchase obligation as provided in these regulations during any year and also does not purchase the certificates, the Commission may direct the obligated entity to deposit into a separate fund, to be created and maintained by such obligated entity, such amount as the Commission may determine on the basis of the shortfall in units of RPO and the forbearance price decided by the Central Commission:Provided that the fund so created shall be utilized as may be directed by the Commission, partly for purchase of the certificates and partly for development of transmission/sub-transmission infrastructure for evacuation of power from generating stations based on renewable energy sources, [or the fund may be deposited in the "Bihar Renewable Energy Development fund.] [Added by Bihar Notification No. BERC-SMP-31/2018-13, dated 17.12.2018 (w.e.f. 16.11.2010).]Provided further that the obligated entities shall not be authorized to use the fund created in pursuance of the above, without prior approval of the Commission.[***] [Deleted by Bihar Notification No. BERC-SMP-31/2018-13, dated 17.12.2018 (w.e.f. 16.11.2010).]Provided further also that if the obligated entities fails to deposit the amount directed by the Commission within 15 days of the communication of such direction, the obligated entities shall be in breach of its licence condition.9.2Where any obligated entity fails to comply with the obligation to purchase the required percentage of power from renewable energy sources or the renewable energy certificates, it shall also be liable for penalty as may be decided by the Commission under section 142 of the Act.Provided that in case of genuine difficulty in complying with the renewable purchase obligation because of non availability of power in the State, the obligated entity can approach the Commission for carry forward of compliance requirement to the next year.Provided further that where the Commission has consented to carry forward of compliance requirement, the provision of clause (9.1) of the Regulation or the provision of section 142 of the Act shall not be invoked.
