Section 16 in Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017
16. Tariff for residual period after sale/purchase under REC mechanism.
(1)In cases where, after sale/purchase of net saleable energy to/by the licensee as per the power purchase agreement approved by the Commission, under REC mechanism in the mutually agreed initial period(s), or even if the project has not commenced its operation during such initial period(s), the net saleable energy for the residual period of the useful life of the project is to be sold to the distribution licensee under long term power purchase agreement, the tariff for sale/purchase of net saleable energy during such residual period shall, save as provided in subregulations (2) and (3), be regulated as under:-(a)If the first power purchase agreement for sale/purchase of power under REC mechanism from a small hydro projects was executed by the parties and/or approved by the Commission before the commencement of these Regulations, the provisions of Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2012, shall be applicable irrespective of the fact whether the project has, or has not, commenced its operation, in the same manner as if the power purchase agreement for the residual life of the project would have been approved prior to commencement of these Regulations;(b)Save as provided in succeeding clause (c), if the joint petition for the approval of first power purchase agreement for sale/purchase of power to/by the licensee under REC mechanism from a small hydro project, [***] [Omitted 'other than the small hydro projects covered in sub-regulation (1) of regulation 11' by Notification No. No. HPERC/428, dated 28.1.2019.], is filed before the Commission on or after the commencement of these Regulations and is approved by the Commission thereafter, the generic levellised tariff, as determined by the Commission for the relevant category of small hydro projects under these Regulations, as per regulation 14 and regulations 20 to 41 shall be applicable;(c)In case of small hydro projects [***] [Omitted 'covered under sub-regulation (1) of regulation 11,' by Notification No. No. HPERC/428, dated 28.1.2019.] or where the project had commenced its operation, prior to the commencement of these Regulations, the provisions of Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2012 shall be applicable even if the joint petition for approval of the first power purchase agreement for sale/purchase of power under REC mechanism from such small hydro projects is filed before the Commission on or after the commencement of these Regulations;(d)In case of projects based on renewable energy technologies, other than small hydro projects, the terms and conditions as may be incorporated by the Commission, to address such situations, in the terms and conditions to be fixed in accordance with regulation 18 shall be applicable.(2)Save as provided in sub-regulation (3), in cases where any specific conditions in relation to the rate/tariff applicable for the residual period, referred to in sub-regulation(1), have been stipulated while approving the power purchase agreement under REC mechanism, such conditions shall also be applicable.(3)If the circumstances so warrant, the Commission may, even after the commencement of these regulations, on the merit of a case, approve the rate/tariff prevailing in any of the earlier time frames prior to the commencement of Himachal Pradesh Electricity Regulatory Commission (Power Procurement from Renewable Sources and Cogeneration by Distribution Licensee), Regulations, 2007 or the commencement of Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2012 or these Regulations, as the case may be, for sale/purchase of the net saleable energy during the residual period referred to in sub- regulation(1).
