JSA successfully represented Tata Power Renewable Energy Limited, Renew Power Limited and Continuum Green Energy Limited before Maharashtra Electricity Regulatory Commission (“MERC”) in proceedings initiated by Maharashtra State Electricity Distribution Company Limited’s (“MSEDCL”) for retrospective reduction in tariff of Wind Generators in Maharashtra. This was yet another attempt by the state distribution licensee seeking retrospective, unilateral reopening of concluded contracts.
By its Order dated 31.12.2024, MERC has dismissed MSEDCL’s Petition by, inter alia, holding that:
- MSEDCL’s Petition is barred by res judicata since the reliefs sought by MSEDCL have already been rejected previously.
- The relief sought by MSEDCL amounts to converting generic tariff to project specific tariff, which is impermissible.
- MSEDCL wants reworking of CUF determined under RE Tariff Regulations, 2010 and RE Tariff Regulations, 2015. Regulations do not provide for reworking of CUF parameters without input from C-Wet/MNRE or in absence of data. In any case the Regulations relied on have been repealed and are no longer in operation.
MERC’s ruling serves to inspire investor confidence, since it underscores sanctity of tariffs and concluded contracts. It further recognizes that legal issues once settled cannot be reopened.
Our Litigation Team comprised Partners – Mr. Abhishek Munot and Mr. Kunal Kaul, Principal Associate – Mr. Tushar Nagar, and Senior Associate – Mr. Samikrith Rao Puskuri. The matter was argued by Mr. Kunal Kaul on behalf of Tata Power Renewables and ReNew Power.
Abhishek is a part of Disputes group of JSA and anchors the Regulatory Practice of JSA in Western India. Abhishek handles sector specific commercial litigation, arbitration constitutional & administrative law litigation and regulatory proceedings before statutory authorities, tribunals and courts.