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PER HON'BLE MR. RAVINDRA KUMAR VERMA, TECHNICAL MEMBER

1. This Appeal has been filed by M/s Solitaire BTN Solar Pvt. Ltd., (hereinafter referred to as the "Appellant/Generator") against the Impugned Order dated 24.11.2020 passed by the Tamil Nadu Electricity Regulatory Commission (hereinafter referred to as "Respondent No. 1 or TNERC or State Commission") in DRP No. 05 of 2020.

Appeal No. 67 of 2021 Page 2

2. The Appellant is a generating company engaged in the business of generation and sale of electricity.

61. While the petition was pending adjudication before the TNERC and was yet to be taken up for admission, on 27.09.2019 i.e. within two days of filing of the Petition before TNERC, TANGEDCO informed Appellant that it shall extend all support to evacuate power on completion of 100 MW. However, any delay in commissioning beyond SCOD will be subjected to penalties. It is evident from the letters dated 27.09.2019, TANGEDCO was silent on the Appellant's request for extension in SCOD.

76. On 12.08.2020, the Appellant herein approached TANGEDCO to allow grid-tie-up approval (synchronisation and injection approval) for the additional 25 MW capacity (51 MW to 75 MW).

77. On 18.08.2020, the CEIG accorded its certification for the additional 25 MW capacity.

78. On 26.08.2020, the Appellant vide its Interim Application No. 03 of 2020 seeking inter alia direction against TANGEDCO to allow synchronisation and commissioning of the additional 25 MW capacity pending the adjudication of the Petition. While such application was being heard by the TNERC it was pointed out by TANGEDCO that the prayers in the petition do not include any relief that is being prayed by the Appellant in relation to delay caused due to Covid -19. It was explained that since the Petition was filed in September 2019, such issue could not be incorporated at such time. However, the TNERC allowed the Appellant to file an application seeking amendment of the grounds and prayers to add the submissions in relation to impact on the progress of the project due to Covid -19. On 07.09.2020, the Appellant filed such application.

82 On 24.11.2020, the TNERC pronounced the Impugned Order. The TNERC while allowing the delayed commissioning in reference to the first 50 MW of the contracted capacity, has truncated the balance 50 MW capacity. The balance 50 MW for which the Appellant achieved readiness beyond the SCOD, has not been allowed and the parties have been directed to negotiate the tariff for supply of power for the balance 50 MW.

83. Aggrieved by the order dated 24.11.20 passed by TNERC, the Appellant has filed the present Appeal.