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15. Again, in Maharashtra State Electricity Distribution Company Limited v. Maharashtra Electricity Regulatory Commission, 2014 SCC OnLine APTEL 166, it was explained thus:

"31. Banking of wind energy is an essential feature to enable commercial viability of a wind energy generator supplying power to a consumer, captive or otherwise, through open access. The quantum of generation at the wind energy generator varies during the time of the day and season to season from nil to full capacity and does not match with the load profile of the consumer. The generation of wind energy generator in excess of the load of the open access consumer in a metering time block is fed into the grid and consumed by the Distribution Licensee. Various State Commissions have provided different type banking facilities to the wind energy generators to discharge their function of promotion of renewable sources of energy under the Electricity Act, 2003 under which the surplus energy injected by the wind energy generator and utilized by the Distribution Licensee is considered as banked energy which is supplied back to the consumer during the period when the wind energy generation is less than the demand of the open access consumer in the same Financial Year. Different models for levy of banking charges and payment for the unutilized energy by the open access consumer at the end of the Financial Year by the Distribution Licensee exist in various States."

36. It is pointed out that TNERC in Tariff Order 2012 had accepted that TANGEDCO has been incurring losses on account of banking:

"This is stated to be in view of the fact that when the banked energy is redrawn by the wind generators, power has to be procured from the market at higher rates and therefore the licensee is losing money. The Commission has observed in its recent exercise of the Tariff Order that the wind energy for captive use has been on the increase year after year. Quantum of wind energy wheeled for captive use is about 6000 MUs during 2011-12. It is quite possible that excess capacity has been created by some of the consumers so that they can meet all their requirements only through captive wind generation. Wind season being limited, during the balance months energy is being drawn from the banked energy."
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32. Similar banking facility have been provided by the wind energy generators by the State Commission by order dated 24.11.2003 which has been extended from time to time by the State Commission. We do not find any illegality in continuation of the banking facility to the wind energy generators in pursuance of Section 86(1)(e) of the Electricity Act as a promotion measure for wind energy generators. However, we agree with Ms. Deepa Chawan, Learned Counsel for the Appellant that such banking facility should not be at the cost of other consumers of the Distribution Licensee especially as the wind energy generators are supplying energy to third parties or for captive use on commercial basis. The Distribution Licensee may incur same cost as a result of difference in price of electricity during high wind season when the energy is banked and rest of the year when the banked energy is supplied. If the Distribution Licensee is incurring same cost for providing the banking facility, the same should be recovered from the wind energy generators/open access consumers availing such facility. Accordingly, liberty is granted to the Appellant to submit a case with supporting data for charges for providing banking facilities and the State Commission shall consider the same."

78. We find substance in the plea of WEGs that wind (as also solar) power is intermittent generation source and, by its very nature, not available for continuous availability and end- use/consumption. The quantum of wind velocity obtainable, which determines the quantum of possible generation, varies seasonally during periods known as high wind season, low wind season and sub-marginal wind season. It is this phenomenon which makes it imperative that banking facility be provided to Wind Power Projects for the whole year. It is doubtful that a wind power project, including a new project, can operate effectively with the banking facility being allowed for one month only. The generation during high wind season cannot be consumed fully in the same month of generation. It is necessarily required to be banked and consumed in later seasons. This inherent nature of use of wind generated power has been glossed over by the State Commission. The one-month period of banking affects the fundamentals of functioning of wind power projects providing a consistent quantum for consumption.