Section 3 in Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2017
3. Scope and extent of application.
(1)Save as provided in sub-regulations (2) and (3), these Regulations shall apply in all cases where tariff, for a project based on renewable sources of energy, is to be determined by the Commission under section 62, read with section 86, of the Act:Provided that in cases of wind power projects, small hydro projects, biomass power based on Rankine cycle, non-fossil fuel based cogeneration projects, solar PV based power projects, solar thermal based power projects, biomass gasifier based power projects, biogas based power projects, municipal solid waste based power projects and Refuse Derived Fuel based power projects, these regulations shall apply subject to the fulfilment of eligibility criteria specified in regulation 4 of these regulations.(2)These Regulations shall not apply in the following cases:-(i)[where agreements for disposal/use of energy, whether on long term basis or under REC mechanism or otherwise] [Substituted 'where long term agreements for disposal/use of energy' by Notification No. No. HPERC/428, dated 28.1.2019.] have either already been signed by the renewable energy generators or have been approved by the Commission, or the joint petitions for the approval of the Power Purchase Agreements have been filed before the Commission, prior to the date of commencement of these Regulations:Provided that in case the capacity has been enhanced subsequent to signing/approval of such agreement(s), the applicability of these regulations shall be ascertained, based on such criteria, separately for the original capacity and the additional capacity;(ii)[Small Hydro Projects] [Substituted 'projects' by Notification No. No. HPERC/428, dated 28.1.2019.] upto 100 kW, for which the Commission may determine tariff through a separate order;(iii)where the tariff has been determined through transparent process of bidding in accordance with the guidelines issued by the Central Government;(iv)[ where the renewable energy generator, implementing the small hydro project, has commenced the operation of its project, prior to the date of commencement of these Regulations.] [Added by Notification No. No. HPERC/428, dated 28.1.2019.](3)Notwithstanding anything contained in sub-regulations (1) and (2)-(a)where long term agreements have been executed between the renewable energy generators and the licensee, before setting up of the Commission, the provisions of such agreements shall continue to be applicable;(b)where, after the setting up of the Commission, the joint petition for approval of the power purchase agreement has been filed before the Commission prior to the commencement of these regulations, the tariff shall be in accordance with the terms and conditions of such approved power purchase agreement read with the Himachal Pradesh Electricity Regulatory Commission (Power Procurement from Renewable Sources and Cogeneration by Distribution Licensee), Regulations, 2007 and the Himachal Pradesh Electricity Regulatory Commission (Promotion of Generation from the Renewable Energy Sources and Terms and Conditions for Tariff Determination) Regulations, 2012, as may be relevant, irrespective of the date on which such agreement is actually approved by the Commission and/or is executed.
