Document Fragment View
Fragment Information
Showing contexts for: reverse auction in Sune Solar B.V vs Delhi Electricity Regulatory ... on 18 July, 2018Matching Fragments
PER HON'BLE MR. I.J. KAPOOR, TECHNICAL MEMBER
1. The SunE Solar B.V. (hereinafter referred to as the "Appellant") being aggrieved filed this instant Appeal under Section 111 of the Electricity Act, 2003 (hereinafter referred to as the "Act") against the order dated 29.12.2015 ("Impugned Order") passed by Delhi Electricity Regulatory Commission (hereinafter referred to as the "State Commission") in Petition No. 57 of 2015 wherein the State Commission has allowed the Respondent Nos.2 and 3 to withdraw the said petition and permitting them to carry out a reverse auction process for the procurement of renewable power.
g) The Appellant has not filed for any claim or prayer before the State Commission which it could agitate in the present Appeal. If the Appellant has a remedy in law then it was for the Appellant to institute a substantive original proceeding before a Appeal. No. 22 of 2016 & IA Nos. 55, 57 & 115 of 2016 court or forum of original jurisdiction. The present Appeal could not be utilised to institute an original claim or prayer.
h) The Respondent Nos. 2 & 3 had to cancel the LOI as the tariff quoted by the Appellant was not aligned to the market rates and a fresh reverse auction bidding process would have furthered the public interest with the objective of procuring RE power at lower rates.
2. Whilst the petition is pending for initial hearing and the proceedings are yet to commence, the Petitioners through their counsel submitted letter dated 06.11.2015 seeking permission of the Commission to withdraw the Petition. Additionally, the petitioner is also seeking permission to carry out of a reverse auction process as per MNRE guidelines for procurement of renewable power.
3. The Commission has perused and examined the request made by the Petitioner and it is observed that as contended by the Petitioner, there has been significant reduction in the cost of solar power, which will greatly help in making solar power competitive with power from conventional sources. This will enable the cost of renewable power that is procured by Discoms to come down significantly in line with the emerging Appeal. No. 22 of 2016 & IA Nos. 55, 57 & 115 of 2016 market trends, thus favourably impacting consumer tariff.
4. Considering the documents available on record connected with the Petition, and the case in its entirety and the plea made by the petitioners as aforesaid, the Commission acceded to the request of the Petitioners by granting permission to carry out a reverse auction process as sought by the Petitioners and allowing them to withdraw the petition. Accordingly, the petition stands disposed of as withdrawn.