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11. The WEGs, through their appeals, assail the impugned order as bad in law, unfounded and arbitrary.

12. Historical perspective always helps in focussing on the areas where the shoe pinches. We must trace it to the extent necessary. HISTORY OF BANKING

13. The Electricity Act, 2003, by its preamble, envisages not only "taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers" but also "promotion of efficient and environmentally benign policies". By section 3, it places the responsibility on the Central Government to formulate and enforce the National Electricity Policy and Plan, inter alia, "for development of the power system based on optimal utilisation of resources such as coal, natural gas, nuclear substances or materials, hydro and renewable sources of energy", laying a special emphasis, by section 4, on "permitting stand alone systems (including those based on renewable sources of energy and other non-conventional sources of energy) for rural areas.". The statute has delicensed generation of electricity, encourages private participation in the interests of overall growth of electricity industry and while placing other connected activities - transmission, trading and distribution - under regulatory control, assures open access. Crucially, it is one of the important functions of the State Electricity Regulatory Commission, in terms of Section 86(1)(e), to "promote co-generation and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licensee". Thus, the scheme of the law gives a thrust to the promotion of generation of electricity from renewable and sustainable energy resources which can be achieved only by the sustained efforts of all stakeholders. Accordingly, the regulatory Commissions across various States have incorporated appropriate provisions in the regulatory framework towards this end, the concept of Renewable Power Obligations (RPO) targets being one good illustration on the subject.

(c) Determination of the Capacity Utilisation factor at high level of 29.15%:

"6.0 Tariff components ...
6.3 Capacity Utilisation Factor (CUF) 6.3.1 Different views on adoption of CUF have been received. Some of the stakeholders have sought for retention of CUF at 27.15% and some of them have requested to adopt lower CUFs of 18.15%, 23% etc. Some of the stakeholders have requested to adopt CUF of 34 to 35% due to sophisticated technologies and capability of machines to generate in low wind areas with better plant load factor. TANGEDCO has stated that high generating capacities of 34% to 40% have been validated by developers themselves and developers who participated in the bidding process have filed petitions to relax the CUF limit specified as 27.15% in the tender, and they have suggested to adopt a CUF of 34%.

discriminatory manner with reference to the functions of SLDC and there cannot be any concession.

10.2.4 Some of the stakeholders have requested to levy the proposed rate of 50% of charges applicable for conventional power for the new machines commissioned during the control period of the proposed order of 2018 and to levy rate of 40% of that applicable for conventional power prescribed in the previous orders of 2012 and 2016 for existing machines commissioned prior to this order. Some of the stakeholders have sought for retention of the charges and few of them have drawn attention to the case pending on the issue of the applicability of these open access charges across all WEGs commissioned irrespective of date of commissioning. Some stakeholders have expressed views to levy higher charges or 100% charges as applicable for conventional power as these concessions weigh down on other users of the network 10.2.5 The issue on applicability of open access charges in the tariff orders of wind energy has been dealt by Hon'ble APTEL in the judgments in Appeal Nos.197,198 of 2012 etc. dt.24.5.2013 wherein APTEL has observed that there cannot be a differentiation in open access charges on the basis of date of signing of the wheeling agreement and the charges decided in the order are applicable for wind energy generators supplying for captive use or third party sale irrespective of the date of commissioning though an appeal is pending before the Apex court. 10.2.6 Determination of transmission charges based on allotted transmission capacity which shall be the installed capacity in the case of wind energy generators has been dealt in the order of Hon'ble APTEL in Appeal No.91 of 2012, No.45 of 2012 and No.102 of 2012, and the issue of payment of the transmission charges without the burden falling on other consumers and other open access consumers have been dealt in the order of APTEL in Appeal Nos. 197,198 of 2012.

The State Commission shall ensure all necessary consequential orders are passed and these directions are scrupulously complied with by all concerned.

96. We would not allow further ad hoc approach on the subject. We, thus, also direct that the State Commission shall not bring about changes in the rules for power banking (of the kind attempted through the non-speaking impugned decision) by any further order without undertaking a study based on requisite data properly gathered and analysed so as to draw informed conclusions about financial impact on various stakeholders. We are given to understand that there is sufficient time available for such study before the time for issuing fresh order on the subject for the next control period arrives. The work in this regard, thus, must begin forthwith and in right earnest. All stakeholders shall be duty-bound to cooperate for making the endeavour meaningful.