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8. According to the respondents, the case of the petitioners has absolutely no merit as it was never the intention of the Tangedco not to impose network charges on the petitioners. They refer in extenso to TNERC Notification in TNERC/NCES Regn./16/7 dated 07.01.2010 – 2008 regulation, TNERC Draft Notification No.TNERC/GISS dated 17.08.2021 and TNERC Consultative paper on AIR 1967 SC 1074 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/03/2025 07:04:51 pm ) W.P.No.22200 of 2022 etc. batch Generic Tariff Order for GISS. They would maintain that the petitioners are dependent on the services provided by Tangedco to effectively deploy/use the solar power generated by them. It would be impossible for the petitioners to use such power if not for connectivity/conversion facility provided by Tangedco and the impugned charges are a measure of recovering the cost in that regard.

34. The Explanatory Statement to TNERC draft Notification No.TNERC/GISS dated 17.08.2021 reads as follows:

Explanatory Statement In the M.P.No.14 filed by TANGEDCO, the Commission has passed daily order observing that rates for the gross metering have to be fixed and directed TANGEDCO to file components in regard to assessing the network cost. Commission further directed the Registry to webhost the consultative paper in this regard.
2. The Commission had earlier notified (Notification No.TNERC/TR/5/3 Dated 26-05-21, Gazette notification on 09-06-

2021) the enabling provision to recover the network cost from the consumers under Regulation 70 of TNERC (Terms and Conditions for determination of Tariff) Regulations, 2005.

3. The Electricity (Rights of Consumers) Amendment Rules, 2021 mandates enactment of Regulation for grid interactive solar generation system for arrangements of net-metering, net billing and gross metering mechanisms.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/03/2025 07:04:51 pm ) W.P.No.22200 of 2022 etc. batch

43. The respondents have referred to several Notifications, TNERC/NCES Regn./16/7 dated 07.01.2010 – 2008, TNERC Draft Notification No.TNERC/GISS dated 17.08.2021 and TNERC Consultative paper on Generic Tariff Order for GISS to set their arguments in context and pointing out that the petitioners have contracted to be bound by the applicable Regulations. Undoubtedly so. However, it is the interpretation of those agreements by Tangedco that is, in my view, flawed.