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Regulation Summary |
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State / Union TerritoryBihar |
State / Union TerritoryTamil Nadu |
Regulation2023, June - BERC RegulationsRenewable Purchase Obligation, its compliance and REC Framework Implementation (Fourth Amendment) |
Regulation2023, September - TNERC RegulationsRenewable Energy Purchase Obligation |
Details |
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Definition of RE | |
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No such provision in the selected State Regulation |
2(1)(k) Renewable Sources means sources of energy as defined in the Regulation 2(1)(g) of the Power Procurement from New and Renewable Sources of Energy Regulations, 2008 issued by the Commission and Hydro Power Projects (including Pumped Storage Projects and small hydro projects) |
Net Consumption | |
4.1 Total consumption of electricity |
Annexure-I(3) In energy terms as a percentage of total consumption of electricity. |
Obligated Entities | |
No such provision in the selected State Regulation |
2(1)(g), 3 The Distribution Licensee, any person consuming electricity procured from conventional sources (i.e. other than renewable energy sources) through open access or otherwise, any person who installs Captive Generating Plant, with an installed capacity exceeding 1 MVA based on conventional technology who consumes electricity from such Plant for meeting his normal or standby requirements. |
Operating Period | |
1.3 These Regulations shall come into force on the date of their publication in the official Gazette i.e. 27.06.2023. |
1(2) These regulations shall come into force on the date of their publication in the Tamil Nadu Government Gazette i.e.27th Sept, 2023. |
Fungibility | |
2nd Para of 2nd Proviso of 4.1 In case of 'Other RPO', any shortfall remaining in achievement of ‘Other RPO’ category in a particular year can be met with either excess energy consumed from wind power projects, commissioned after 31st March 2022 beyond ‘Wind RPO’ for that year or with, excess energy consumed from eligible LHPs (including PSPs), commissioned after 8th March 2019 beyond ‘HPO’ for that year or partly from both. Further any shortfall in achievement of ‘Wind RPO’ in a particular year can be met with excess energy consumed from Hydro Power Plants, which is in excess of ‘HPO’ for that year and vice versa. |
12th Proviso of 4(1), Annexure-I(9) Other RPO- Wind, HPO; Wind- HPO and vice versa |
Additional Sources Considered for RPO Compliance of DISCOMs | |
3rd, 4th proviso of 4.1 Renewable Energy purchased through bundled power shall qualify for Renewable Purchase Obligation compliance to the extent of Renewable Energy content in the bundled power. Distribution Licensee shall be eligible to utilize the renewable energy generated from prosumers supplying power to such Licensee under the Gross Metering, Net Billing and Net Metering arrangement as the case may be towards meeting the RPO compliance, provided that the prosumer should not be a obligated entity under the Regulations. |
No such provision in the selected State Regulation |
Category of Targets | |
4.1 Wind, HPO, Other RPO |
Annexure-I(1) Wind, HPO, Other RPO |
Provision for Target Revision | |
Last Proviso of 4.1 Commission may review minimum percentage of compliance specified in the above Regulations depending upon prevailing situation in succeeding years. |
4(3), Annexure-I(14) The Commission may either on its own motion or on the recommendation of the State Agency or on guidelines issued by the Ministry of Power or on receipt of an application from the Distribution Licensee, revise the RPO percentage specified in the Regulations as deemed appropriate. The provisions unless revised earlier by the Ministry of Power, Government of India, be applicable in respect of the period up to 31st March, 2030. |
Non Specification of RPO Targets | |
No such provision in the selected State Regulation |
4(2) If the RPO for any of the year is not specified by the Commission, the RPO specified for the previous year shall be continued beyond the period specified in the previous year till subsequent revision is effected by the Commission. |
Sources Considered for RPO | |
No such provision in the selected State Regulation |
2nd,3rd,4th, 5th, 6th,7th Proviso of 4(1) Consumption of renewable energy by the obligated entity from its own sources, purchase of renewable energy by the obligated entity from power exchanges, the quantum of electricity generated by a Prosumer from the Grid Interactive Solar PV Energy Generating System (GISS) under the net metering / net feed-in arrangements, the energy banked to the Distribution Licensee, the RE power consumed by the captive / Open Access consumer(s) in excess of their RPO compliance, the purchases made from the GISS projects under the gross metering scheme, purchases made at mutually agreed prices/the rate fixed by the commission and all such renewable energy for which the generators/Prosumers do not claim RECs. |
Details of Provision for Data Reporting (Distribution Licensee) | |
No such provision in the selected State Regulation |
6(4), 7(2), 1st Proviso of 7(2) The obligated entities shall submit the details of the compliance of RPO on quarterly basis and for the entire financial year including the last quarter by the end of July of the succeeding financial year to the State Agency. The Obligated Entities, including those already registered off line with the State Agency, shall mandatorily register themselves online on RPO Web-portal within three months from the date on which the RPO Web-portal is declared, and shall also furnish requisite information, on quarterly and annual basis as per the Procedure, formulated by the State Agency. The State Agency shall formulate detailed procedure in this regard within 3 months of notification of these Regulations. Till the time the RPO Web-portal becomes fully operative, such information shall be submitted to the State Agency either in person or by post or by e-mail. |
Details of Provision for Data Reporting (Captive & Open Access User) | |
No such provision in the selected State Regulation |
6(4), 7(2), 1st Proviso of 7(2) The obligated entities shall submit the details of the compliance of RPO on quarterly basis and for the entire financial year including the last quarter by the end of July of the succeeding financial year to the State Agency. The Obligated Entities, including those already registered off line with the State Agency, shall mandatorily register themselves online on RPO Web-portal within three months from the date on which the RPO Web-portal is declared, and shall also furnish requisite information, on quarterly and annual basis as per the Procedure, formulated by the State Agency. The State Agency shall formulate detailed procedure in this regard within 3 months of notification of these Regulations. Till the time the RPO Web-portal becomes fully operative, such information shall be submitted to the State Agency either in person or by post or by e-mail. |
Details of Provision for Data Reporting (State Agency) | |
6.3, Annexure-I The State Agency shall submit half yearly status with respect to compliance of RPO by the obligated entities to the Commission within 15th of the ensuing month after completion of 1s t and 2nd half of Financial year. The format is specified in the Annexure-I of the Regulation. |
No such provision in the selected State Regulation |
Provision for Data Reporting (Distribution Licensee) | |
No such provision in the selected State Regulation |
6(4), 7(2), 1st Proviso of 7(2) The obligated entities shall submit the details of the compliance of RPO on quarterly basis and for the entire financial year including the last quarter by the end of July of the succeeding financial year to the State Agency. The Obligated Entities, including those already registered off line with the State Agency, shall mandatorily register themselves online on RPO Web-portal within three months from the date on which the RPO Web-portal is declared, and shall also furnish requisite information, on quarterly and annual basis as per the Procedure, formulated by the State Agency. The State Agency shall formulate detailed procedure in this regard within 3 months of notification of these Regulations. Till the time the RPO Web-portal becomes fully operative, such information shall be submitted to the State Agency either in person or by post or by e-mail. |
Provision for Data Reporting (Captive & Open Access User) | |
No such provision in the selected State Regulation |
6(4), 7(2), 1st Proviso of 7(2) The obligated entities shall submit the details of the compliance of RPO on quarterly basis and for the entire financial year including the last quarter by the end of July of the succeeding financial year to the State Agency. The Obligated Entities, including those already registered off line with the State Agency, shall mandatorily register themselves online on RPO Web-portal within three months from the date on which the RPO Web-portal is declared, and shall also furnish requisite information, on quarterly and annual basis as per the Procedure, formulated by the State Agency. The State Agency shall formulate detailed procedure in this regard within 3 months of notification of these Regulations. Till the time the RPO Web-portal becomes fully operative, such information shall be submitted to the State Agency either in person or by post or by e-mail. |
Provision for Data Reporting (State Agency) | |
6.3, Annexure-I The State Agency shall submit half yearly status with respect to compliance of RPO by the obligated entities to the Commission within 15th of the ensuing month after completion of 1s t and 2nd half of Financial year. The format is specified in the Annexure-I of this Regulation. |
6(2), 1st Proviso of 6(2), 6(5) The State Agency shall, in consultation with the Commission, develop and maintain RPO Web-portal for registration by the Obligated Entities and for the compliance, monitoring and reporting etc. of RPO and simultaneously formulate suitable Procedures for smooth functioning of Web-portal in relation to such activities. Such development shall be suitably coordinated with the facility available/planned under the National Web-portal developed for the purpose. The State Agency shall submit yearly status report to the Commission in respect of compliance of Renewable Purchase Obligation by the obligated entities and may suggest appropriate action to the Commission if required, for compliance of the renewable purchase obligation. |
Timeline for Data Reporting (State Agency) | |
6.3, Annexure-I The State Agency shall submit half yearly status with respect to compliance of RPO by the obligated entities to the Commission within 15th of the ensuing month after completion of 1s t and 2nd half of Financial year. The format is specified in the Annexure-I of this Regulation. |
6(5) The State Agency shall submit yearly status report to the Commission in respect of compliance of Renewable Purchase Obligation by the obligated entities and may suggest appropriate action to the Commission if required, for compliance of the renewable purchase obligation. |
Carry Forward / Surplus Provision | |
7.1 Credit for excess purchase from renewable energy sources would not be adjusted in the ensuing year. |
No such provision in the selected State Regulation |
Carry Forward / Shortfall Provision | |
7.1 If the distribution licensee is unable to fulfil the obligation, the shortfall of the specified quantum of wind, Hydro or other RE of that year would be added to the specified quantum for the next year. Provided, the solar certificates and/ or non solar certificates were not available in that particular year. |
1st Proviso of 9(2) In case of bonafide difficulty in complying with the renewable purchase obligation owing to non-availability of certificates, it is open for the obligated entity to represent to the Commission requesting permission to carry forward of compliance requirement to the next year for consideration by the Commission on merit. |
Penalty | |
9.1 If an obligated entity does not fulfil the renewable purchase obligation as provided in the regulations during any year and also does not purchase the certificates, the Commission may direct the obligated entity to deposit into a separate fund, to be created and maintained by such obligated entity, such amount as the Commission may determine on the basis of the shortfall in units of RPO or as decided by the Central Commission or the fund may be deposited in the "Bihar Renewable Energy Development fund”. |
9(1), 9(2) If the obligated entities does not fulfill the RPO as provided in these Regulations or does not purchase the certificates as the case may be, the State Agency, on being directed by the Commission, shall serve notices to the obligated entities to deposit into a separate fund, to be created and maintained by the State Agency, such amount arrived on the basis of the shortfall in units of the RPO and the maximum REC price traded through the power exchanges during the corresponding year including taxes and levies, besides barring permission to the defaulting entities from availing power through Open Access. Where any obligated entities fails to comply with the obligation to purchase the required percentage of power from renewable energy sources or to purchase the renewable energy certificates, it shall also be liable for penalty as may be decided by the Commission under section 142 of the Act. |
Regulatory Fund | |
9.1 If an obligated entity does not fulfil the renewable purchase obligation as provided in the regulations during any year and also does not purchase the certificates, the Commission may direct the obligated entity to deposit into a separate fund, to be created and maintained by such obligated entity, such amount as the Commission may determine on the basis of the shortfall in units of RPO or as decided by the Central Commission or the fund may be deposited in the "Bihar Renewable Energy Development fund”. |
9(1) If the obligated entities does not fulfill the RPO as provided in these Regulations or does not purchase the certificates as the case may be, the State Agency, on being directed by the Commission, shall serve notices to the obligated entities to deposit into a separate fund, to be created and maintained by the State Agency, such amount arrived on the basis of the shortfall in units of the RPO and the maximum REC price traded through the power exchanges during the corresponding year including taxes and levies, besides barring permission to the defaulting entities from availing power through Open Access. |
Regulatory Fund - Details | |
9.1, all Proviso of 9.1 If an obligated entity does not fulfil the renewable purchase obligation as provided in these regulations during any year and also does not purchase the certificates, the Commission may direct the obligated entity to deposit into a separate fund, to be created and maintained by such obligated entity, such amount as the Commission may determine on the basis of the shortfall in units of RPO or as decided by the Central Commission or the fund may be deposited in the "Bihar Renewable Energy Development fund”. The fund so created shall be utilized as may be directed by the Commission, partly for purchase of the certificates and partly for development of transmission/sub-transmission infrastructure for evacuation of power from generating stations based on renewable energy sources. The obligated entities shall not be authorized to use the fund created in pursuance of the above, without prior approval of the Commission. If the obligated entities fails to deposit the amount directed by the Commission within 15 days of the communication of such direction, the obligated entities shall be in breach of its licence condition.” |
9(1), all Proviso of 9(1) If the obligated entities does not fulfill the RPO as provided in these Regulations or does not purchase the certificates as the case may be, the State Agency, on being directed by the Commission, shall serve notices to the obligated entities to deposit into a separate fund, to be created and maintained by the State Agency, such amount arrived on the basis of the shortfall in units of the RPO and the maximum REC price traded through the power exchanges during the corresponding year including taxes and levies, besides barring permission to the defaulting entities from availing power through Open Access. The fund so created shall be utilized, as may be directed by the Commission, for purchase of the certificates by the State Agency. The Commission may empower an officer of the State Agency if required, to procure from the Power Exchange the required number of certificates to the extent of the shortfall in the fulfillment of the obligations, out of the fund. The distribution licensee shall be in breach of his licence condition if he fails to deposit the amount as directed by the Commission within 15 days of the communication of the direction. |
Additional Sources Considered for RPO Compliance of DISCOMs | |
3rd, 4th proviso of 4.1 Renewable Energy purchased through bundled power shall qualify for Renewable Purchase Obligation compliance to the extent of Renewable Energy content in the bundled power. Distribution Licensee shall be eligible to utilize the renewable energy generated from prosumers supplying power to such Licensee under the Gross Metering, Net Billing and Net Metering arrangement as the case may be towards meeting the RPO compliance, provided that the prosumer should not be a obligated entity under the Regulations. |
No such provision in the selected State Regulation |
Mode of Procurement for RPO fulfilment | |
4.2 Any obligated entity, may elect to generate, purchase and consume renewable energy to meet their obligation by one or more of the following methods: - (A) Own Generation from renewable energy sources (B) By procuring Renewable Energy through Open Access from any Developer either directly or through a trading licensee or through power markets. (C) By purchasing of renewable energy certificates in accordance with the applicable regulations. (D) Purchase of green hydrogen or green ammonia |
No such provision in the selected State Regulation |