Kunal Kaul

Kunal Kaul, Partner, JSA

Kunal specializes in Regulatory & Policy practice with focus on disputes in energy sector. His practice area includes regulatory proceedings before statutory authorities, tribunals and courts, commercial litigation (except where the core dispute is sector specific) and Constitutional & Administrative law litigation with focus on energy sector.

He handles matters relating to tariff fixation, fuel supply disputes, open access, cross subsidy surcharge, reopening/ revision of terms of power purchase agreements, renewable purchase obligations, disputes relating to change in law, issues relating to force majeure, issues relating to captive power plants, challenging sub-ordinate legislations/ bye-laws and other disputes relating to energy sector including grant of various licenses/ approvals, evaluation of contractual arrangements, facilitating in compliance of regulatory & legal framework and advising clients on various issues relating to energy sector.

He has represented leading players in the power sector including ultra-mega power projects in their disputes relating to fuel cost pass through, compensation on account of change in law, recovery/ revision of tariff and non-payment of tariff.

He has also worked on general corporate commercial laws including establishment of Investment Funds, Private Equity Investment, foreign investments and advising clients on various aspects of Indian laws.

Kunal has been practicing law since 2007. Before joining JSA, Kunal has worked in Nishith Desai Associates, Mumbai and Chambers of Sr. Advocate Mr. Gopal Jain, Delhi.

 

Memberships

Bar Council of Maharashtra & Goa

 

Publications

Impact of coronavirus on India’s solar march” by Abhishek Munot and Kunal Kaul published in CNBC YV 18 on 30.03.2020

 

Education

BSL LL.B, Symbiosis Law School, Pune

 

Languages

  • English
  • Hindi

Some of the key assignments in these areas handled and being handled by Kunal amongst others, cover the following:-

  • Advising and appearing for a Power Generating Company in compensatory tariff matters before CERC, APTEL and Supreme Court of India. These matters arose due to unforeseen, uncontrollable and unprecedented escalation in the imported coal price because of change in Law by Government of Indonesia. The said matter has been recognized as one of the most important matters of the year 2018 by IBLJ.
  • Advising and appearing before Bombay High Court and Supreme Court of India, for a Distribution Licensee in defending the constitutional validity of sub-ordinate legislations made by MERC.
  • Advising and appearing before MERC, on behalf of a distribution licensee for grant of a parallel distribution licence and thereafter defending the grant of licence before APTEL and the Supreme Court of India.
  • Advising and appearing before MERC and APTEL, on behalf of a parallel distribution licensee for establishing principles relating to laying down of parallel distribution network and migration of consumers from one distribution licensee to another distribution licensee.
  • Advising and appearing before CERC and APTEL in matters relating to various change in law claim for thermal and renewable energy based power plants.
  • Advising and appearing on behalf of a thermal power plant on issues relating to declaration of commercial operation date.
  • Advising and representing solar based power generators in proceedings regarding reopening of PPAs and expropriation of Generation Based Incentive allowed by Union of India by the AP Discoms.
  • Advising and appearing on behalf of various wind generators on disputes seeking re-classification of wind zones in Maharashtra.
  • Advising and appearing on behalf of solar based power generators on the issue of grant of compensation on account of Safeguard Duty, wherein for the first time a relationship between AC:DC ratio and CUF was recognised by a regulator in India and consequently compensation was granted to a project developer. The issue had arisen since the bids are floated in AC capacity, whereas the Solar Panels available in market are DC capacity. Accordingly, the electricity so generated had to be converted from DC capacity to AC capacity
  • Advising on various regulatory issues relating to open access, banking of energy, compliance of applicable rules by captive power plants, issues relating to renewable purchase obligations, Cross Subsidy Surcharge, eligibility of ports for grant of distribution licence, regulatory treatment of Indirect Taxes and interest and penalties levied thereon, expansion of existing generating capacity, termination of PPA, issues relating to Electricity Duty and various issues relating to generation and distribution of electricity.