Section 9 in Rajasthan Electricity Regulatory Commission (Renewable Energy Certificate and Renewable Purchase Obligation Compliance Framework) Regulations, 2010
9. Consequences of Default.
- [(1)(a) The obligated entities shall submit the details of their compliance of RPO to the State Agency quarterly. The final annual accounts shall be submitted by 31st July of the Assessment Year.(b)After receiving the compliance from the obligated entities as per (a) above, the State Agency shall assess the shortfall, if any, in meeting the RPO by the obligated entities in the State for the relevant Financial Year.(c)The State Agency shall serve the notices to the obligated entities identified as defaulters in the assessment done under (b) above by 30th September of the Assessment Year requiring them to pay RPO charge determined in the manner mentioned under (d).(d)The obligated entities in default shall pay by 30th November of the Assessment Year, the RPO charge assessed equivalent to the produce of shortfall and forbearance price of solar or non-solar REC, as applicable on 31st March of the relevant Financial Year, to a separate account maintained by the State Agency. All sums received by the State Agency shall be paid to STU for crediting in a fund created and maintained by the STU within one month from the last day of the month in which such sums are received.Provided that the fund so created shall be utilized by STU for development of transmission infrastructure for evacuation of power from Renewable Energy generating stations or promoting renewable energy sources as approved by the Commission for which the STU shall submit the proposal(s).(e)In addition to above, the State Agency shall also file a petition before the Commission recommending penal action under Regulation 9 (2) of these Regulations for the obligated entities identified as defaulters under (c) above by 31st December of the Assessment Year.Explanation. - For the purpose of this sub-regulation,(i)"Relevant Financial Year" shall mean the year in which RPO was to be complied.(ii)"Assessment Year" shall mean the Financial Year following the relevant Financial Year.(iii)Forbearance price shall be the price as determined by the CERC from time to time.](2)Further where any obligated entity fails to comply with the renewable purchase obligation, it shall also be liable for penalty as may be decided by the Commission under section 142 of the Act:Provided that the monetary penalty so imposed shall not be allowed as a pass through in the ARR in case of distribution licensee:Provided further that in case of genuine difficulty in complying with the renewable power purchase obligation because of non-availability of renewable energy and/or certificates, the obligated entity can approach the Commission to carry forward the compliance requirement to the next year or seek its waiver:Provided also that where the Commission has consented to carry forward of compliance requirement or its waiver, the provision of Regulation 9(1) of these Regulations or the provision of section 142 of the Act shall not be invoked.
