Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research

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Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research
      

monthly
update
March 2021

  Lead Sponsors
Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research
Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research
Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research
Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research
Contents
1.   Tenders | 5
        New RFS Issued | 5
        Re-Tendered | 8
        Date extension | 8
        Auctions Completed | 9

2. Installed Capacity | 10

3. Investments/ Partnerships | 13

4. Monthly Import-Export Statistics | 16

5. Module Price Trends | 17

6. Monthly SECI Payments | 18

7. Policies and Regulations | 19

4
Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research
1.          Tenders
              New RFS                   •    About 2232 MW of renewable tenders were issued in March 2021. SECI
                                             alone has issued a project development tender of 1785 MW in Rajasthan.
              Issued
                                        •    Auctions were completed for 1800 MW of solar projects.

              Fig 1.1: Details of new tenders issued in March 2021
                        SECI, 1785 MW Solar, Rajasthan

                           BHEL, 100 MW, BOS, Gujarat

                   Coal India, 100 MW, Solar PV, Gujarat

                NHPC, 100 MW, Solar PV, Uttar Pradesh

              UPNEDA, 75 MW, Solar PV, Uttar Pradesh

 UPNEDA, 18 MW, Rooftop Solar, Government Buildings

   NCRTC, 11 MW, Rooftop Solar, Delhi-Meerut Corridor

             GESCOM, 10 MW, Rooftop Solar, Karnataka

          UPNEDA, 10 MW, off-grid solar, Uttar Pradesh

        NVVN, 10 MW, Floating/ Ground Mounted Solar

           BHEL, 10 MW, Solar, WBSEDCL, West Bengal

        ITI, 1.2 MW, Rooftop or Ground Mounted, Kerala

ITI, 1.2 MW, Rooftop or Ground Mounted Solar, Karnataka

                                   SPMCIL, 1 MW, Solar

                                                           0       400            800           1200          1600        2000
                                                                                        Capacity (MW)

               Source: JMK Research

                                                                                                                      5
Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research
Table 1.1: New RFS issued

                                                                                                Commis-
                                                                                                  sioning   Bid Sub-
                                      Tender         Capaci-                          Minimum
Tender Name         Technology                                   Other Details                   timeline   mission
                                      Scope          ty (MW)                            CUF
                                                                                                from PPA      Date
                                                                                                  signing
SECI, 1785 MW                                                  PBG – INR 0.8
                    Utility Scale   Project Devel-                                                           20th-
Solar, Rajasthan,                                     1785     million                  17%     18 months
                        Solar          opment                                                               Apr-2021
Mar 2021
NHPC, 100 MW,
Solar PV, Uttar     Utility Scale                                                                             5th-
                                        EPC            100                                      12 months
Pradesh, Mar            Solar                                                                               May-2021
2021
Coal India, 100
                                                               PBG - equivalent to
MW, Solar PV,       Utility Scale                                                                            15th-
                                        EPC            100     3% of the contract      28.9%
Gujarat, Mar            Solar                                                                               Apr-2021
                                                               amount
2021
                                                               PBG – 10% of the
BHEL, 100 MW,
                    Utility Scale                              purchase order’s                              10th-
BOS, Gujarat,                           BOS            100
                        Solar                                  basic value                                  Mar-2021
Mar 2021

                                                               PBG – INR 1.05
UPNEDA, 75
                                                               million
MW, Solar PV,       Utility Scale   Project Devel-                                                            7th-
                                                       75      Ceiling tariff – INR     17%     15 months
Uttar Pradesh,          Solar          opment                                                               Apr-2021
                                                               3/kWh
Mar 2021

UPNEDA, 18
MW, Rooftop
                                                                                                             26th-
Solar, Govern-      Rooftop Solar                      18
                                                                                                            Mar-2021
ment Buildings,
Mar 2021
NCRTC, 11 MW,
Rooftop Solar,
                                                                                                              8th-
Delhi-Meerut        Rooftop Solar      RESCO           11                                       48 months
                                                                                                            Apr-2021
Corridor, March
2021
BHEL, 10 MW,
Solar, WBSED-       Utility Scale                              EMD - INR 0.51                                31st-
                                        O&M            10
CL, West Ben-           Solar                                  million                                      Mar-2021
gal, Mar 2021
NVVN, 10
                     Floating/
MW, Floating/
                      Ground                                                                                  6th-
Ground Mount-                           EPC            10
                     Mounted                                                                                Apr-2021
ed Solar, Mar
                       Solar
2021

           6
Monthly update March 2021 - 3DRD@QBG "M@KXSHBR - JMK Research
Commis-
                                                                                               sioning   Bid Sub-
                                       Tender    Capaci-                           Minimum
Tender Name         Technology                               Other Details                    timeline   mission
                                       Scope     ty (MW)                             CUF
                                                                                             from PPA      Date
                                                                                               signing
UPNEDA, 10
MW, off-grid                                               Security amount –
                     Small Scale                                                                          31st-
solar, Uttar                                       10      3% of the contract’s              9 months
                       Solar                                                                             Mar-2021
Pradesh, Mar                                               total value
2021
                                                           Indigenously
GESCOM, 10                                                 manufactured
MW, Rooftop                                                solar panels (both                             12th-
                    Rooftop Solar                  10
Solar, Karnata-                                            cells and modules)                            Apr-2021
ka, Mar 2021                                               should be used for
                                                           this project

                                                           EMD – INR 0.5
ITI, 1.2 MW,
                                                           million
Rooftop or
                     Small Scale                           Performance Secu-                              13th-
Ground Mount-                                      1.2                               15%     8 months
                       Solar                               rity Deposit – 5 % of                         Mar-2021
ed, Kerala, Mar
                                                           the total contract
2021
                                                           value
                                                           EMD – INR 0.34
ITI, 1.2 MW,
                                                           million
Rooftop or
                     Small Scale                           Performance Secu-                              21st-
Ground Mount-                                      1.2                               15%     8 months
                       Solar                               rity Deposit – 5 % of                         Mar-2021
ed Solar, Karna-
                                                           the total contract
taka, Mar 2021
                                                           value

SPMCIL, 1 MW,        Small Scale                                                                          23rd-
                                                    1
Solar, Mar 2021        Solar                                                                             Apr-2021

               PBG: Performance Bank guarantee
               EMD: Earnest Money Deposit

               Source: JMK Research

                                                                                                           7
Re-Tendered

            Table 1.2: Re-tendered

                                                                                                           Commis-
                                                                                                                       Bid
                                                                                                             sioning
                                                                                            Minimum                   Sub-
   Tender Name            Technology        Tender Scope             Other Details                          timeline
                                                                                              CUF                    mission
                                                                                                           from PPA
                                                                                                                      Date
                                                                                                             signing

GUVNL, 700 MW,
                           Utility Scale       Project          EMD – INR 0.4 million/MW                                12th-
Solar, (Phase IX-R),                                                                           17%         15 months
                               Solar         Development        PBG – INR 0.94 million/MW                              Apr-2021
Mar 2021

GUVNL, 100 MW,
                           Utility Scale       Project          EMD – INR 0.4 million/MW                                12th-
Solar, (Phase X-R), Mar                                                                                    15 months
                               Solar         Development        PBG – INR 0.94 million/MW                              Apr-2021
2021

            Source: JMK Research

            Date Extension

            Table 1.3: Date Extension

                                                                                                     Commis-
   Tender                              Tender        Capacity       Other De-        Minimum                     Bid Submis-
                  Technology                                                                          sioning
   Name                                Scope          (MW)            tails            CUF                        sion Date
                                                                                                     timeline

SECI, Pan In-                                                       EMD – INR 0.5
dia, 2500 MW,      Utility Scale    Project Devel-                   million/MW
                                                       2500                                          30 months    8th-Apr-2021
Thermal + RE,          Solar           opment                       PBG – INR 0.1
Mar 2020                                                             million/MW

SECI, 50 MW,
Solar PV and
                  Solar and Agro    Project Devel-
Agro PV , Ta-                                           50                                           18 months    5th-Apr-2021
                        PV             opment
mil Nadu, Jan
2021

            8
Commis-
     Tender                             Tender           Capacity        Other De-       Minimum                        Bid Submis-
                   Technology                                                                             sioning
     Name                               Scope             (MW)             tails           CUF                           sion Date
                                                                                                         timeline

 SECI, 25 MW,
 Solar PV, West      Utility scale                                       EMD: INR 0.4
                                          EPC                  25                                         9 months       9th-Apr-2021
 Bengal, Jan             solar                                             million
 2021

 SECI, 15 MW,
                                                                        EMD – INR 13.5
 Floating Solar,
                                      Project Devel-                       million
 Bilaspur, Him-     Floating Solar                             15                            21%         18 months      4th-May-2021
                                         opment                          PBG – INR 27
 achal Pradesh,
                                                                           million
 Jul 2020

             Source: JMK Research

              Auctions Completed

             Table 1.4: Auctions completed

                           Capac-
                                       Capacity        Mini-          Commissioning
 Tender                    ity ten-
              Status                   allotted        mum          timeline from PPA                 Winners Details
 Name                       dered
                                        (MW)           CUF               signing
                            (MW)
                                                                                         •   Adani – 300 MW (INR 2.77/kWh)
SECI, 1200                                                                               •   Ayana Renewables – 300 MW (INR 2.78/
MW, Wind                                                                                     kWh)
              Auction
(Tranche                                                                                 •   Evergreen Power Mauritius – 150 MW (INR
             Complet-        1200         1200          22%             18 months
X), Pan                                                                                      2.78/kWh)
                ed
India, Dec                                                                               •   JSW Future Energy – 450 MW (INR 2.78/
2020                                                                                         kWh)

                                                                                         •   Sprng Energy – 120 MW (INR 2.2/kWh)
GUVNL,
                                                                                         •   NTPC– 150 MW (INR 2.2/kWh)
500 MW,
              Auction                                                                    •   Coal India– 100 MW (INR 2.2/kWh)
Solar PV
             Complet-         500         500           17%             18 months        •   TP Saurya (Tata Power) – 60 MW (INR 2.2/
Phase XII,
                ed                                                                           kWh)
Gujarat,
                                                                                         •   SJVN – 70 MW (INR 2.21/kWh)
Jan 2021

              Source: JMK Research

                                                                                                                          9
2.              Installed Capacity
                              In February 2021, a total of 395.14 MW of solar and wind energy capacity was
                              added, taking the cumulative RE capacity to 92.97 GW as on February 28th,
                              2020.

Fig 2.1: State-wise installations in Solar and Wind during February 2021 - 395.14 MW

               Cumulative Installations                                                 Capacity installed in February 2021

                        ll Hydro
                     Sma
                 r       5%
            owe                                                                               300
           P %
              11
       o
     Bi

                                                                                              250

                                                                                                                                         Source: MNRE, JMK Research
                                                          Sola

                                                                                              200
                                                            42%

                                                                              Capacity (MW)
                                                              r

                      100%= 92.97 GW                                                          150

                                                                                              100

                                                                                               50
          %
        2
       d

               4
     in

           W
                                                                                               0
                                                                                                         Solar        Wind

                             Tamil Nadu added the maximum solar capacity whereas Gujarat added maximum
                             wind capacity in Feb 2021 of about 87.7 MW and 61.9 MW respectively.

Fig 2.2: State wise                                                                            Utility scale Solar     Wind
installed capacity in
Feb 2021                                       100

                                               80
                               Capacity (MW)

                                                                                                                                                                      Source: MNRE, JMK Research

                                               60

                                               40

                                               20

                                                0
                                                     Tamil Nadu   Rajasthan                    Gujarat    Karnataka   Madhya    Others
                                                                                                                      Pradesh

10
Recently Commissioned Projects

Table 2.1: List of recently commissioned projects

                                                           Capaci-                              Date of
 Project Developer Name                  Technology                          State
                                                           ty (MW)                           Commissioning

         Renew Power                           Wind          300            Gujarat               Mar-2021

      Adani Green Energy                       Wind          100            Gujarat               Mar-2021

THDC India Limited (NTPC arm)                  Solar         50              Kerala               Mar-2021

                                          Solar (Captive
          AMP Energy                      Open Access        28          Uttar Pradesh            Mar-2021
                                             Project)

             Adani                             Solar         25          Uttar Pradesh            Mar-2021

   Waaree Energies Limited                     Solar         16           Maharashtra             Mar-2021

          Purushotam                           Solar          3            Rajasthan              Mar-2021

Source: Industry news articles, JMK Research

                         Cleanmax Solar moves into the wind-solar hybrid space

                         •   Cleanmax Solar has entered into the wind-solar hybrid projects space for
                             the first time, commissioning 110 MW of projects. The new policies of the
                             Gujarat and Andhra Pradesh state governments has inspired Cleanmax
                             Solar for taking this step.

                         NTPC to commission India’s largest floating solar power plant at
                         Ramagundam by May

                         •   NTPC Southern Region, which is in the process of implementing about 450
                             MW of solar capacity, is all set to commission about 217 MW floating solar
                             capacity, including one of the largest floating solar power plant of 100 MW
                             at Ramagundam by May this year.

                         •   These floating solar projects are coming up at Ramagundam power pro-
                             ject (100 MW), which will be single location largest floating solar plant in
                             the country as of now, 92 MW floating unit at Kayamkulam gas plant in
                             Kerala and a 25 MW unit at Simhadri power plant.
                                                                                                            11
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3.                Investments/ Partnerships
                Table 3.1: Investment and Deals in March, 2021

                                                                                                                            Stakes
                                                             Asset                                                Deal
   Company Name              Deal Type      Sector                                         Investor                           Ac-
                                                            acquired                                              Value
                                                                                                                            quired
                                                        Around 873 MW of
                                                       wind capacity will be                                      $ 961
Greenko Energy Holdings       Acquisition    Wind                                       Orix Corporation                     21.8%
                                                       added into Greenko’s                                       million
                                                             portfolio.

Power Trading Corpora-                                                                                            $ 275
                              Acquisition    Wind               288                         SJVN
tion India (PTC Ltd)                                                                                              million

                                                                                Standard Chartered Bank, Intesa
                                                                                Sanpaolo, MUFG Bank, Sumito-
                                                                                mo Mitsui Banking Corporation,
                                                                                Cooperative Rabobank U.A.,
Adani Green Energy Lim-                     Renew-                                                                $ 1.35
                                Debt                                            DBS Bank Ltd., Mizuho Bank,
ited (AGEL)                                  able                                                                 billion
                                                                                Ltd., BNP Paribas, Barclays
                                                                                Bank PLC, Deutsche Bank AG,
                                                                                Siemens Bank GmbH and ING
                                                                                Bank N.V

                                              Solar
Avaada Energy                 Acquisition    (group            21.32                      Bharti Airtel                     8.53%
                                            captive)

                                                                                                                  $ 61.45
Shapoorji Pallonji           Acquisition     Solar              75                     Adani Green Ltd                       100%
                                                                                                                  million

                                                          The deal will give
                                                        Edelweiss Infrastruc-
                                                       ture Yield Plus access    Edelweiss Infrastructure Yield
Engie (India)                 Acquisition    Solar                                                                           74%
                                                           to 2 GW of solar                   Plus
                                                         assets that Engie is
                                                              developing
                                                                                Japan International Cooperation
Tata Cleantech Capital                      Renew-                                       Agency (JICA)            $ 91.38
                                 Debt
Ltd                                          able                                 co-financed with Sumitomo       million
                                                                                  Mitsui Banking Corporation.

                                                                                                                            13
Stakes
                                                        Asset                                           Deal
   Company Name            Deal Type     Sector                                   Investor                           Ac-
                                                       acquired                                         Value
                                                                                                                   quired

                                                  This will help AGEL to
Spinel Energy and Infra-
                           Acquisition    Solar   build 25 GW capacity Adani Green Energy                           100%
structure
                                                         by 2025

                               Source: JMK Research

                               PGCIL acquires Ramgarh new transmission to facilitate 8.1 GW of solar
                               power

                               •    Power Grid Corporation of India Limited (PGCIL), a state-owned power
                                    transmission company, has acquired the Ramgarh New Transmission
                                    Limited (RNTL) under Phase II, Part-A of the ‘transmission strengthening
                                    program’. It will help to evacuate 8.1 GW of power from solar energy zones
                                    in Rajasthan. The entity was acquired for about Rs 56.1 million (~$767,703),
                                    including 50,000 equity shares at par at Rs 10 (~$0.136) each.

                               Hero Future Energies garners huge response for its first dollar bond
                               offering

                               •    Hero Future Energies has issued their first USD bond in global markets.
                                    The green bond was issued through Clean Renewable Power (Mauritius), a
                                    wholly owned subsidiary of Hero Future Energies Asia. HEF’s green bond
                                    received over $ 3 billion orders and was successfully priced at a coupon
                                    rate of 4.25% for a 6-year maturity period. The issuance was
                                    oversubscribed by more than 8.5 times.

         14
Adani arm AGEL to acquire 50 MW solar asset from SkyPower Global

•   Adani Green Energy has announced that it has signed a share purchase
    agreement for acquisition of 100% stake in an SPV holding 50 MW operat-
    ing solar project of the SkyPower Global.

•   The project location is in Telangana and was commissioned in October
    2017 and has a long-term Power Purchase Agreement (PPA) with the
    Southern Power Distribution Company of Telangana.

•   With this acquisition, AGEL will increase its operating renewable capacity
    of 3,395 MW with a total portfolio of 14,865 MW.

Husk Power to raise $110 mn in 2021; Aims to become first profitable
minigrid company

•   Husk Power Systems has announced its plan to raise $50 million in equi-
    ty and $60 million in debt in 2021 in order to continue growth at a Com-
    pounded Annual growth Rate (CAGR) of 100%.

•   Husk Power ended 2020 with more than 5,000 small business customers,
    a 300 per cent growth over 2019, and expects that number to surpass
    12,500 over the next year.

                                                                                 15
4.            Monthly Import/ Export Trends

                          Compared to January 2021, solar imports and exports have fallen by near-
                          ly 6.72% and 43.65% respectively in February 2021. Compared to previous
                          year, on a YoY basis, solar imports have increased by 38% and exports
                          have declined by 54%.

Fig 4.1: Exports - Imports trend

                   Exports Imports
 Feb-21
 Jan-21
Dec-20
Nov-20
 Oct-20
Sep-20
Aug-20
     Jul-20
 Jun-20
May-20
 Apr-20
 Mar-20
 Feb-20
 Jan-20
 Dec-19
 Nov-19
 Oct-19
 Sep-19

         5000                0                5000             10000       15000           20000
                                             Amount (INR million)

Source: Ministry of Commerce, JMK Research

16
5.                             Module Price Trends
                                             Prices of global multi crystalline modules, mono PERC modules and
                                             mono PERC module (India) increased marginally in March 2021. Compared
                                             to previous year, on a YoY basis, prices of global multi crystalline modules
                                             and mono PERC modules have declined by 10% and 7% respectively.

                  Fig 5.1: Solar Module Price trends

                   0.25

                   0.24

                   0.23
                                                                                                         Mono PERC (India)

                   0.22

                   0.21                                                                                  Mono PERC modules (Global)
Prices (USD/Wp)

                  0.20

                   0.19
                                                                                                      Multi crystalline module (Global)

                   0.18

                   0.17

                   0.16

                   0.15
                          20

                               20

                                        0

                                            20

                                                     0

                                                         20

                                                               0

                                                                    20

                                                                          20

                                                                                  0

                                                                                        0

                                                                                            20

                                                                                                  21

                                                                                                         21

                                                                                                                1
                                                                                                               -2
                                    -2

                                                 -2

                                                              l-2

                                                                               -2

                                                                                      -2

                                                                                                 n-

                                                                                                       b-
                      n-

                               b-

                                            r-

                                                         n-

                                                                    g-

                                                                         p-

                                                                                            c-

                                                                                                              ar
                                    ar

                                                 ay

                                                                               ct

                                                                                      ov
                                                              Ju
                                         Ap

                                                                                                 Ja

                                                                                                      Fe
                                                                                           De
                    Ja

                                                      Ju
                           Fe

                                                                   Au

                                                                         Se

                                                                                                            M
                                                                              O
                                    M

                                                 M

                                                                                    N

                  Source: PVInfoLink, JMK Research

                                                                                                                              17
6.                           Monthly SECI Payments

                                           The Solar Energy Corporation of India Limited (SECI) paid nearly INR 4.25
                                           billion and INR 3.96 billion to developers for the purchase of solar and
                                           wind power in January 2021 and December 2020 respectively.
                                           Compared to December 2020, the payment disbursal has increased by
                                           ~7% in January 2021.

Fig 6.1: Monthly payments by SECI to solar and wind developers

                       6.0

                                                                              5.2
                                                      4.9
                                                                                     4.6    4.5
                                                                       4.4
                       4.5                                                                                                       4.2
                                                                4.1
                                                                                                                          4.0
                                     3.8                                                                        3.9
                                               3.7                                                    3.7
                              3.6
Amount (INR Billion)

                       3.0

                       1.5

                       0.0
                                                                0

                                                                                                                0
                                                                                     20

                                                                                                                          0
                                                                                            20
                                     20

                                               0

                                                                       20
                                                      20

                                                                                                      0
                              20

                                                                                                                                 21
                                                                              20
                                                                -2

                                                                                                            -2

                                                                                                                      -2
                                            -2

                                                                                                  -2
                                                                                    g-

                                                                                           p-

                                                                                                                                n-
                                    b-

                                                                      n-
                                                     r-
                             n-

                                                                             l-
                                                            ay

                                                                                                            ov

                                                                                                                      ec
                                           ar

                                                                                                  ct
                                                     Ap

                                                                             Ju

                                                                                    Au

                                                                                                                                Ja
                                                                                           Se
                                    Fe

                                                                      Ju
                             Ja

                                           M

                                                                                                  O
                                                            M

                                                                                                            N

                                                                                                                      D

Source: SECI, JMK Research

18
7.    Policies and Regulations
          High Court of Bombay Put Stay on DISCOM Privatization Auction Won
Central
          by Torrent Power

          •   Bombay High Court suspended the auction after a public interest litigation
              was filed against the privatization of the DISCOM. Bombay High Court has
              suspended the auction for a 51% equity stake in the power distribution
              company (DISCOM) for the Union Territory of Dadra and Nagar Haveli and
              Daman and Diu.

          •   Last year in May 2020, the central government came up with a proposal
              to privatize DISCOMs in the union territories. DISCOMs in the union terri-
              tories come under the administration of the central government while the
              respective state governments govern those in the states. Only two of the
              six union territories have called for bids to privatize the DISCOMs so far.

          •   Earlier Torrent Power had emerged as the highest bidder for acquiring a
              51% stake in the DISCOM in Dadra and Nagar Haveli and Daman and Diu.
              The acquisition process was part of the government’s initiative to privatize
              DISCOMs to make them more efficient.

          •   DISCOM privatization initiative has drawn huge opposition from the DIS-
              COMs. Recently, the Supreme Court of India vacated a stay order given by
              the High Court of Punjab and Haryana on the privatization of Chandigarh’s
              DISCOM. The High Court had given the stay order after a petition was filed
              by the UT Powermen Union of Chandigarh.

          MNRE Discontinues Benefit of Concessional Customs Duty for Import-
          ed Items for Solar Plant

          •   MNRE has stopped processing all applications seeking concessional cus-
              toms duty certificates for setting up solar power projects from 2 February
              2021.

          •   This move complies with the Ministry of Finance’s withdrawal of the
              concessional customs duty on items imported for setting up solar power
              projects.

          •   MNRE asked solar power developers to upload the reconciliation reports
              relating to the concessional customs duty certificates issued before Feb-
              ruary 2nd on the government portal within the prescribed time limit after

                                                                                          19
commissioning the projects.

     •   MNRE also requested solar manufacturers and associations to provide a
         list of high-value machinery and capital goods used in manufacturing solar
         modules from cells, solar cells from wafers, and thin-film solar modules.

     •   Earlier in the budget 2021, Union Finance Minister Nirmala Sitharaman had
         announced that the exemption of customs duty to all items of machinery,
         instruments, appliances, components, or auxiliary equipment for setting
         up solar power generating projects would be revoked.

     •   The government also proposed raising the customs duty on solar inverters
         from 5% to 20% and on solar lanterns from 5% to 15% to encourage domes-
         tic production.

     MNRE Announces Basic Customs Duty of 25% on Solar Cells and 40%
     on Modules, Effective from April 2022

     •   Ministry of New and Renewable Energy (MNRE) with its notification dated
         9 March 2021 has announced the basic customs duty (BCD) on imported
         solar cells and modules starting 1 April 2022.

     •   As per this notification, BCD on solar modules will be 40%, and solar cells
         will be 25%.

     •   The announcement to impose BCD on solar cells and modules does not
         allow grandfathering of projects already auctioned. The directive has also
         received the consent of the Ministry of Finance.

     •   MNRE has also directed all implementing agencies and stakeholders to
         make a note of the announcement and include it in the tender documents.
         Bidders are cautioned to take the BCD into account while quoting tariffs in
         all future bids where the last date of bid submission falls after this notifi-
         cation. In all such cases the imposition of BCD will not be considered as
         ‘change in law.’

     Ministry Issues First Batch of ALMM Applicable to Solar Bids After 10
     April, 2021

     •   Ministry of New and Renewable Energy (MNRE) has issued the list of
         models and module manufacturers under the Approved List of Models
         and Manufacturers (ALMM) order. Only 23 manufacturers having a total
         installed capacity of 6682 MW will be eligible for use in government and
         government-assisted projects, schemes, and programmes.

     •   According to this notification, the enlistment is valid for two years and can
         be renewed on the submission of the necessary documents. The Ministry

20
can carry out production and sale audits, random quality tests, and inspect
    the facility to ensure compliance. In case of any non-compliance, the en-
    listed manufacturer will be removed from the list.

•   The manufacturers whose modules have been enlisted under the ALMM
    order include Mundra Solar, Vikram Solar, Bharat Electronics, Emmvee
    Photovoltaic Power, and ORB energy.

•   Aforementioned notification adds that only the models and manufacturers
    included in the list will be eligible for government or government-assisted
    projects in the country, including the projects for the sale of electricity to
    the government under the guidelines laid down by the central govern-
    ment.

•   As per this notification the ALMM concerning the List-I (modules) and List-
    II (cells) will be applicable only for projects for which the bids will be con-
    cluded after 30 days of the list’s publication. Accordingly, the ALMM order
    concerning List-I modules will apply to projects that have the last date of
    bid submission on or after 10 April 2021.

MNRE issues revised list of Wind Turbine Models & Manufacturers

•   Ministry of New & Renewable Energy (MNRE) has come up with a revised
    list of 14 wind turbine manufacturers with the model details and their expi-
    ry date.

Ministry of Finance Notifies Countervailing Duty Imposition on Solar
Glass Imported from Malaysia

•   Ministry of Finance has notified the levy of a countervailing duty on the
    cost, insurance, and freight (CIF) value on the imports of textured and tem-
    pered (whether coated or uncoated) glass from Malaysia.

•   As per this notification the countervailing duty imposed would be appli-
    cable for five years (unless revoked) from the date of publication in the
    Official Gazette and would be payable in Indian currency.

•   Earlier in December 2020, the Directorate General of Trade Remedies
    (DGTR) had announced that it would levy countervailing duty on tempered
    glass from Malaysia to mitigate the benefits enjoyed by producers of the
    glass in Malaysia.

•   Indian solar glass manufacturer Gujarat Borosil Limited had petitioned the
    DGTR to impose a countervailing duty on imports of textured toughened
    (tempered) glass from Malaysia.

                                                                                  21
•   Borosil in its petition had submitted that the producers of tempered glass
         in Malaysia had benefitted from subsidies provided at various levels by the
         government of Malaysia and other public bodies.

     •   According to this notification the duty is applicable if the tempered glass
         has been exported to India from Malaysia at subsidized prices or the
         domestic industry has suffered material injury due to the subsidization of
         tempered glass or in case where the material injury has been caused by
         the subsidized imports of the tempered glass originating in or exported
         from Malaysia.

     CERC Adopts Tariff for 3 GW of Thermal-Bundled Solar Projects Ten-
     dered in 2015

     •   Central Electricity Regulatory Commission (CERC) has passed an order ap-
         proving tariffs ranging between Rs. 3.15 /kWh and Rs. 5.19 /kWh for 3 GW
         of solar projects bundled with thermal power under NTPC Limited tender
         issued in 2015.

     •   NTPC had filed a petition seeking CERC approval for the discovered tariffs
         in May 2020 even though the projects were awarded in 2017. The projects,
         spread across Andhra Pradesh, Karnataka, Rajasthan, Telangana, and
         Uttar Pradesh, were awarded to 29 companies, including Azure Power,
         ACME Solar, ReNew, Tata Power, SBG Cleantech, and Prayatna Developers
         (Adani).

     •   NTPC submitted that it had made arrangements to sell the 3 GW of power
         to the respective distribution companies (DISCOM) for the same tariff and
         the trading margin set as Rs. 0.07 /kWh on this tariff.

     •   NTPC said that the delay in approaching the CERC for tariff approval was
         due to ambiguity regarding the jurisdiction of the central and state elec-
         tricity regulatory commissions (SERC) in the approval and procurement
         processes.

     •   CERC subsequently adopted the tariffs discovered through the competi-
         tive bidding process with effect from 26 May 2020. The tariffs will be valid
         for the entire duration of the power purchase agreements signed with the
         successful bidders.

     CERC approves GTAM Contracts at PXIL

     •   CERC approved the introduction of GTAM Contracts on its platform for
         exclusive trading of renewable energy.

     •   PXIL highlighted that the proposed contracts will provide a market-based
         mechanism where RE surplus and RE deficit states can trade RE and bal-
22
ance their RPO targets.

•   Commission approved PXIL to have GTAM contracts under the catego-
    ries of Green Intra Day Contract, Green Day Ahead Contingency Contract,
    Green Any Day Contract and Green Weekly Contract. Under Green Any
    Day Contracts and Green Weekly Contracts, the RE generator will be given
    flexibility to intimate its final schedule on a D-1 basis at 7:00 hrs which will
    help in addressing the forecasting error.

•   PXIL suggested that in case of low demand, RE power plants can sell their
    surplus power in GTAM subject to obtaining NOC from respective Load
    Despatch Center and consent from the Discoms (if RE power Plant is hav-
    ing Power Purchase Agreement with the Discoms).

•   CERC mentioned that the ISTS charges and losses will be waived of, as per
    the fulfilling of the conditions specified under Sharing Regulations.

JERC Allowed Levelized Tariff of Rs. 7.12/kWh for a Rooftop Solar Sys-
tem in Dadra & Nagar Haveli

•   Joint Electricity Regulatory Commission (JERC) has set a tariff of Rs. 7.12 /
    KWh for 485 kW rooftop solar power projects and 900 kW ground-mount-
    ed projects at Kala in the Union Territory of Dadra and Nagar Haveli.

•   JERC also approved tariffs of Rs. 6.82 /kWh and Rs. 4.98 /kWh for a 3.2
    MW and a 200-kW ground-mounted solar power project at Velugam and
    Athal, respectively.

•   JERC further stated that these projects tariffs could only be allowed pro-
    spectively from 1 April 2021. .

•   DNHPDCL filed a petition to determine the levelized tariff for power from
    ground-mounted solar projects and rooftop solar projects.

•   JERC considered Rs. 60,440/kW for calculating the capital cost of
    ground-mounted solar power project at Velugam and Athal, which led to
    the total project cost of Rs. 193.41 million after adjusting Rs. 15 million sub-
    sidy from the capital of the project cost.

•   JERC considered the debt-equity ratio of 70:30 as proposed by the peti-
    tioner. The normative interest rate was considered 12.76% and 12.30% for
    all projects commissioned during FY 2016-17 and FY 2017-18. The return
    on equity was taken as 20% per annum for the first ten years and 24% per
    annum from the 11th year onwards. The operation and maintenance (O&M)
    charges were put at Rs. 13 lakh /MW, and the depreciation rate at 5.83% for
    the first 12 years and 1.54% from the 13th year onwards.

                                                                                  23
•   Considering all above-mentioned factors, JERC arrived at the tariff of
              Rs.7.12 /kWh for 485 kW of rooftop projects and ground-mounted projects
              at Kala.

          •   Since the petitioner had not filed the petition in time, it would not be
              entitled to any tariff recovery for the years (2016-17, 2017-18, and 2018-19).
              JERC further said that the solar tariff could not be allowed retrospectively,
              and the consumer cannot be burdened due to DISCOM’s failure to submit
              the petition on time.

          Supreme Court Confirms NCLT Stay of Termination of GUVNL’s PPA
          with Solar Developer

          •   In recent Order Supreme Court has said that National Company Law Tribu-
              nal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) had
              stayed the termination of the power purchase agreement (PPA) between a
              solar power developer and the Gujarat Urja Vikas Nigam Limited (GUVNL).

          •   Gujarat government allocated 25 MW capacity to Astonfield Solar Gujarat
              to set up a solar project on 1 August 2009. The developer expressed its
              intent to set up a 10 MW grid-connected solar power project and sell the
              entire energy to GUVNL.

          •   GUVNL entered into a PPA with the solar developer on 30 April 2010, to
              purchase solar power.

          •   Aggrieved by the judgment of NCLT, GUVNL approached the Supreme
              Court on two grounds i.e., NCLT and NCLAT do not have the jurisdiction to
              adjudicate a contractual dispute and the termination of the PPA was valid
              under the provisions of the PPA

          •   The Supreme Court noted that NCLT had the sole power of addressing
              cases arising solely from or those relating to the corporate debtor’s insol-
              vency. It said that there was no other ground to terminate the PPA signed
              between the parties.

          •   Supreme Court observed that NCLT was empowered to restrain GUVNL
              from terminating the PPA and clarified that the decision was based on the
              fact that PPA was central in the present case for the success of the corpo-
              rate insolvency resolution process (CIRP) since it was the sole contract for
              the sale of electricity which was entered into by the generator.

Gujarat   GUVNL Directed by APTEL to Maintain Status Quo in the 700 MW
          Scrapped Solar Auction

          •   Appellate Tribunal for Electricity (APTEL) has asked the Gujarat Urja Vikas
              Nigam Limited (GUVNL) to maintain the status quo in the scrapped 700
24
MW solar auction until further orders. It said that the distribution company
    (DISCOM) cannot proceed with the request for selection (RfS) as of now,
    nor can it open the technical and financial bids.

•   APTEL directed the state DISCOM to file its reply by 31 March, 2021, and
    the appellants to file the rejoinder by 3 April. The case has been posted for
    further hearing on 14 and 19 April 2021.

•   In March 2020, GUVNL had invited bids for 700 MW of projects to be de-
    veloped at the Dholera Solar Park. In the auction for the reissued tender in
    August 2020, Vena Energy Renewables and Tata Power quoted a tariff of
    Rs. 2.78/kWh for 100 MW of projects each, ReNew Solar quoted Rs.2.79 /
    kWh for 200 MW, and SJVN quoted Rs. 2.80 /kWh for 100 MW.TEQ quoted
    Rs. 2.81/kWh for 500 MW of projects but was awarded only 200 MW under
    the bucket filling method.

•   Afterwards, in another auction by GUVNL (Phase XI) for 500 MW of pro-
    jects, a record low tariff of Rs.1.99 /kWh was discovered in December
    2020. After this low bid, GUVNL decided to cancel its earlier auction for
    700 MW of solar projects and retender it (Phase IX), hoping to discover a
    lower tariff.

•   After GUVNL decided to cancel the letter of award, the developers filed a
    petition with APTEL which directed GUVNL to extend the validity of bids in
    its scrapped 700 MW solar auction by two weeks. The order was issued on
    19 Feb, 2021. Now APTEL has asked GUVNL to maintain the status quo.

GERC Approved ‘Change in Law’ Clause in Draft PPA for Setting Up
Distributed Solar Projects

•   Gujarat Electricity Regulatory Commission (GERC) has approved the Guja-
    rat Urja Vikas Nigam Limited’s (GUVNL) request seeking incorporation of
    the ‘Change in Law’ clause in the draft power purchase agreement (PPA)
    for setting up of small-scale solar projects.

•   GERC also allowed the Gujarat Energy Transmission Corporation Limited
    (GETCO) to be considered the co-petitioner as the projects’ grid connec-
    tivity granted by the distribution company (DISCOM) is to be certified by
    GETCO.

•   Earlier GUVNL had filed a petition with GERC for incorporating the ‘Change
    in Law’ clause in the draft PPAs executed by the state DISCOMs and
    project developers under the government of Gujarat’s policy for “Develop-
    ment of Small-Scale Distributed Solar Projects.”

•   GUVNL submitted that the proposed draft PPA required GERC approval,

                                                                                25
and the same had to be signed by the project developers and the distribu-
         tion licensee.

     •   Previously GUVNL invited applications for setting up small-scale solar
         projects ranging between 0.5 MW and 4 MW. Developers would be eligible
         for an additional Rs. 0.20 /kWh above the average tariff discovered by
         GUVNL during competitive bidding for large-scale solar projects, which is
         Rs. 2.63 /kWh. The applicable tariff for the PPAs signed from October 2020
         to March 2021 would be Rs. 2.83 /kWh.

     GERC Approved Torrent Power’s Plea for Changes to ‘Force Majeure’
     and ‘Change in Law’ Clauses

     •   Gujarat Electricity Regulatory Commission (GERC) has approved the
         changes sought by Torrent Power to the ‘force majeure’ and the ‘change in
         law’ clauses in the draft power purchase agreement (PPA).

     •   GERC stated that as per the draft PPA, no party would be in breach to the
         extent that the performance of its obligations is delayed due to a force
         majeure event and that there will be no adjustment in the tariff.

     •   GERC also stated that Torrent Power had requested for modification of
         Clause 9.1.1 (b) with “Introduction/modification/changes in the rates of any
         taxes/duties/cess/surcharge on import of solar power equipment.

     •   The developer had also requested the Commission to add in relief Clause
         9.2.2, “This increase or decrease in tariff due to this change in the cost of
         PV modules will be limited to actual DC capacity or 150% of contracted AC
         capacity whichever is lower.”

     •   GERC noted that the petitioner had provided separate relief clauses for
         ‘change in law’ whereby as per clause 9.1.1 (a), which results in a decrease
         or increase by 1% in the estimated revenue for the contract year for which
         such adjustment becomes applicable, the tariff paid to the power produc-
         er will be appropriately increased or decreased with GERC’s approval.

     •   Similarly, in case of the ‘change in law’ resulting on account of clause 9.1.1
         (b), the petitioner had proposed that the power producer will be allowed
         an increase or decrease in the tariff of Rs.0.01 /kWh for every increase or
         decrease of Rs. 200,000 /MW in the project cost.

     •   GERC approved the changes proposed by Torrent Power to the ‘change in
         law’ clause. GERC however, refused to allow changes sought to the com-
         missioning schedule.

26
Tamil         Tamil Nadu Issues New Tariff Order On Solar Procurement and Relat-
Nadu          ed Issues

              •   TNERC has proposed to levy 50% of the charges applicable for conven-
                  tional power for transmission, wheeling, scheduling, and system operation
                  charges for solar power procurement by distribution licensees in the new
                  tariff order.

              •   TNERC has also proposed to levy 70% of the cross-subsidy surcharge ap-
                  plicable for conventional power for solar power procurement. In this Order
                  a control period of one year from April 1, 2021 has been considered.

              •   As per this Order open access charges and other terms and conditions
                  specified will apply to all the solar power generators, irrespective of their
                  commissioning date.

              •   For any deviation from the bidding guidelines, the licensee will have to
                  obtain approval from the Commission.

              •   As per this Order 100% of the charges specified in the relevant orders
                  would apply for projects availing the renewable energy certificates (RECs).
                  Solar generators would have to bear the actual line losses in kind as speci-
                  fied in the Commission’s respective orders.

              •   In this Order regarding the grid-availability charges, the state regulator
                  said that any power drawn during the solar generating period of 7 AM to 6
                  PM will be charged at HT industrial tariff.

              •   According to this Order wheeling of energy for solar power for all prospec-
                  tive open access consumers will be permitted only during the generation
                  of electricity and would be adjusted from block to block for the billing
                  period. Excess consumption will be charged at the tariff applicable to the
                  consumer, subject to the terms and conditions of the supply.

              •   As per this Order after the billing period, the excess energy generated but
                  not consumed may be sold at the rate of 75% of the respective solar tariff
                  determined by TNERC in the generators’ respective orders. When no tariff
                  has been set, the energy may be sold at 75% of the latest tariff discovered.

              •   TNERC in previous tariff orders for solar power had limited the purchase by
                  the distribution licensee from solar power projects of 1 MW capacity and
                  above. The same limitation will continue.

Maharashtra   MERC Denies Solar Developer’s Plea to Return Bank Guarantee

              •   Maharashtra Electricity Regulatory Commission (MERC) with its Order dat-
                  ed 8 March 2021 has dismissed ACME Solar’s plea for the return of perfor-

                                                                                                  27
mance bank guarantee (PBG).

     •   MERC stated that the power purchase agreement (PPA) specifies con-
         ditions for the return of PBG. The Commission noted that it could not go
         beyond the PPA provisions, nor was there any provision to replace PBG
         with any other instrument.

     •   Earlier , ACME Heergarh Powertech and ACME Solar Holdings had filed a
         petition requesting MERC to direct the Maharashtra State Electricity Distri-
         bution Company Limited (MSEDCL) to replace the PBG of Rs. 420 million
         with an equally effective mechanism it has proposed. The petitioners had
         asked MERC to direct MSEDCL to return the PBG.

     •   The company submitted two alternatives to MSEDCL for the return of PBG.
         The PBG should be released and replaced with either a corporate guaran-
         tee of the parent company or with bonds equivalent to Rs.420 million.

     •   MSEDCL stated that it could only return PBG as per the terms and condi-
         tions of the PPA after achieving the commercial operation date.

     •   MERC stated that ACME had previously filed a petition seeking a direc-
         tion to declare its PPA with MSEDCL as void on account of ‘force majeure’
         and discharge the parties from their respective responsibilities and direct
         MSEDCL to return its PBG. In its order dated 20 June 2020, MERC had re-
         jected the request.

     •   MERC ruled that there was no provision in the PPA to replace PBG with any
         other instrument as proposed by the petitioners.

     MERC Accepted Safeguard Duty Extension as Change in Law for Tata
     Solar Project

     •   Maharashtra Electricity Regulatory Commission (MERC) has accepted
         Tata Power Renewable Energy’s (TPREL) petition seeking to declare levy
         of safeguard duty (SGD) on the import of solar cells as a ‘Change in Law’
         event in the power purchase agreement (PPA).

     •   MERC said that additional expenditure and other consequential impacts
         shall be considered on an actual basis for reimbursement under ‘Change
         in Law’.

     •   TPCD initiated a competitive bidding process (followed by reverse auction)
         to procure up to 150 MW of solar power for 25 years. The Letter of Award
         (LoA) was issued in favor of TPREL on 31 October 2019, to develop a solar
         photovoltaic project in Jaisalmer, Rajasthan. As per the LoA, TPREL was
         required to execute a PPA with TPCD.

28
•   TPREL submitted performance bank guarantees amounting to Rs. 300
    million in favor of TPCD on 1 January 2020. TPREL then entered into a PPA
    with TPCD to supply 150 MW solar power at a tariff of Rs.2.83/kWh gener-
    ated from the solar PV plant.

•   MERC approved the PPA on 4 December 2019 and the scheduled com-
    mercial operation date as per the PPA was 3 July 2021.

•   TPREL had procured solar PV modules from Lianyungangshenzhou New
    Energy Company, China. Since the old SGD Notification mandated that the
    last date for the imposition of SGD was 29 July 2020, TREPL had planned
    the procurement of solar PV modules after July 2020, by which date the
    effective SGD would not have been applicable.

•   However, the Ministry of Finance, on 29 July 2020, extended the applicabil-
    ity of the SGD from 30 July 2020, to 29 July 2021. TPREL, on 5 August 2020,
    had informed TPCD about the new notification and stated that the same
    should qualify as a ‘change in law’ event as per the PPA.

•   TPCD submitted to MERC that the impact of SGD on the project cost and
    tariff should only be determined at the time of commercial operation date
    of the project only after considering actual payment made against SGD
    presented with documentary evidence.

MERC Approves Green Power Tariff of Rs. 0.66/kWh for Consumers
Opting for 100% Renewables

•   Maharashtra Electricity Regulatory Commission (MERC) has, in a recent
    order, allowed a ‘Green Power Tariff’ of Rs. 0.66/kWh to be levied on con-
    sumers opting for 100% green energy.

•   MERC noted that all consumers, including extra high voltage, high volt-
    age, and low voltage categories, will be eligible to opt for 100% renewable
    power on the payment of the Green Power Tariff.

•   Tata Power Company-Distribution (TPC-D) had filed a petition seeking
    approval for the ‘Green Power Tariff’ for consumers meeting their require-
    ments through 100% renewable energy.

•   In line with the methodology adopted by the Karnataka Electricity Regu-
    latory Commission (KERC), TPC-D computed the Green Power Tariff to be
    paid by the consumers as Rs.0.56 /kWh.

•   In its submission, TPC-D said that the methodology adopted by it was sim-
    ilar to the one approved by KERC. It insisted that there should be a stand-
    ard methodology for calculating the Green Power Tariff and the standard
    procedure should be followed by all the DISCOMs.

                                                                              29
•   MERC observed that computing the cost of Green Power Tariff based on
                the average cost of renewable energy sources was the correct approach.

            •   Considering difficulties in stipulating DISCOM-wise Green Power Tariff, the
                Commission ruled that the tariff would be uniform for all DISCOMs in the
                state.

            •   MERC arrived at a figure of Rs. 1.33 /kWh to be considered as the Green
                Power Tariff. MERC decided to levy only 50% of the tariff determined,
                which is Rs. 0.66 /kWh.

            •   The regulator noted that TPC-D’s contention that it had to maintain sepa-
                rate cost allocation for the consumers could not be termed as the primary
                function of DISCOM, which is to supply energy. Therefore, the revenue
                from the green tariff will be part of the regular annual recurring revenue.

            •   MERC also added that it had set out an increasing trajectory to fulfil RPO
                compliance by the obligated entities. Complying with the same neces-
                sitates DISCOMs to tie up with various renewable sources. The DISCOMs
                would require an additional purchase of renewable power corresponding
                to the increasing trajectory.

            •   “Given this, if the consumer is not an obligated entity under RPO Regula-
                tions, it would be appropriate to count that energy towards RPO fulfilment
                of the DISCOM which will reduce the additional cost of the utility for pur-
                chasing the same and ultimately benefit its consumers,” the Commission
                said.

Karnataka   KERC Slashed Tariff for a Delayed, Partially Synchronized Rooftop
            Solar System by 46%

            •   Karnataka Electricity Regulatory Commission (KERC) has issued directions
                for a new power purchase agreement (PPA) to be signed for a 1 MW roof-
                top solar power system at a revised tariff of Rs. 5.2/kWh in the case of an
                incomplete and delayed project by a rooftop solar developer.

            •   Srishyla Educational Trust had filed a petition with KERC asking to direct
                the Bangalore Electricity Supply Company (BESCOM) to pay a tariff of Rs.
                9.56/kWh for the power generated from the 1 MW rooftop solar system
                at its premises with net metering. BESCOM had rejected this tariff citing
                multiple violations to the terms of the PPA in the petitioner’s execution of
                the project.

            •   BESCOM said that Srishyla had injected more than 100% of the energy that
                the project could generate without authorization and had installed four
                solar meters instead of one as per the terms and conditions of the PPA.
                The petitioner was only eligible for a tariff of Rs. 3.57 /kWh given these

30
violations. However, it was discovered that the petitioner had only installed
    a 418-kW system instead of its claimed capacity of 487 kW

•   KERC ruled that the petitioner had violated the terms and conditions of the
    PPA and the rooftop solar guidelines. Also, the partial implementation of
    the rooftop solar system was a violation of the PPA terms, and the guide-
    lines issued.

•   It directed that solar generation must be installed alongside the existing
    bi-directional meter and that the gross energy generation must be record-
    ed and then, within two months from the date of the order, sign a fresh PPA
    for 985 kW of power at a tariff of Rs. 5.2 for a reduced duration of 20 years.
    KERC rejected all other reliefs claimed by Srishyla.

KERC Rejected BESCOM Plea to Cut Tariff for Solar Power Purchased
Over Contracted Capacity

•   Karnataka Electricity Regulatory Commission (KERC) with its Order dated 5
    March 2021 has dismissed the petition filed by Bangalore Electricity Supply
    Company Limited (BESCOM) for the redetermination of tariff for purchase
    of additional power or to relieve it from the obligation to purchase ad-
    ditional energy beyond the contracted capacity specified in the power
    purchase agreement (PPA).

•   BESCOM filed a petition with KERC for redetermination of tariff for the
    purchase of additional power at rate of Rs. 2.36 /kWh or relieve it from the
    obligation of purchase of additional power beyond the contracted capacity.

•   Walwhan Renewable Energy (formerly Welspun Solar Kannada Private
    Limited) entered into a PPA with BESCOM on 14 January 2015, for the sale
    of power from its two solar power projects of 50 MW each in the Kop-pal
    district of Karnataka. The company filed a petition with KERC in 2016,
    requesting KERC to direct the state DISCOM to purchase additional energy
    at Rs. 6.51/kWh. KERC partly allowed the petition and directed BESCOM to
    purchase the energy injected at the tariff of Rs. 4.11 /kWh

•   Walwhan Renewable Energy KERC in its order dated 29 May 2020 directed
    BESCOM to make payments at the rate of Rs. 4.11/kWh to purchase addi-
    tional electricity.

•   State DISCOM stated that during the intervening period, it had entered into
    long-term contracts with other power generators to purchase solar power
    at the rate of Rs. 2.85/kWh and Rs.2.90 /kWh. Therefore, the signing of
    SPPA at Rs. 4.11/kWh for additional energy injected was not viable.

•   KERC after scrutiny stated that the earlier orders passed by it remained un-
    challenged. Instead of complying with KERC directions, BESCOM filed the

                                                                                31
petition for redetermination of the tariff at Rs. 2.36 /kWh for the additional
         energy injected by the generator.

     KERC – Determination of Generation Tariff for Wind power projects
     for FY 2021-22

     •   Karnataka electricity regulatory commission (KERC) has invited comments
         and suggestions on the Generation Tariff for the Wind Power Projects for
         FY 2021-22 by 8th April 2021.

     •   During FY 20, the tariff was determined at Rs 3.26 per unit applicable to
         the reverse auction and any energy purchased towards banking by DIS-
         COM.

     •   Recently, tariff for the wind power projects had gone below Rs 3.00 per
         unit and TNERC in a tariff order approved procurement of wind energy at a
         tariff of Rs 2.91 per unit with a trading margin of 7 paise per unit.

     •   Hence, the commission has proposed a tariff of Rs. 2.91 per unit which will
         come into effect from 1st April 2021 till 31st March 2022.

     KREDL issued Draft Renewable Energy Policy for 2021-2026 Aims at
     Adding 2 GW of Rooftop Solar

     •   KREDL has issued the ‘Draft Karnataka Renewable Energy Policy 2021-
         2026” aimed at developing 20 GW of renewable energy projects with and
         without energy storage and 2 GW will be rooftop solar projects

     •   Policy which will be valid for five years or until a new policy is announced.

     •   In terms of policy measures and incentives, the draft policy aims to make
         the project development process easier. The incentives aim to aid devel-
         opers with the sale of energy, land acquisition, obtaining grid connectivity,
         project allotment, clearances, energy storage, and metering and connec-
         tivity.

     •   Karnataka will also promote renewable energy parks under the PPP model
         or through private development by investing up to 50% of the equity as re-
         quired. Solar power projects above 1 MW will be considered as MW-scale
         grid-connected solar projects. Projects will be allowed to be developed
         under the open access route to sell energy within the state.

     •   The state will also promote rooftop solar projects under net metering and
         gross metering as per the Karnataka Electricity Regulatory Commission’s
         (KERC) rooftop regulations. Karnataka will also promote the peer-to-peer

32
model of rooftop solar energy trading under the state’s regulations. Sep-
                   arately, off-grid, distributed agricultural solar generation, floating solar,
                   battery swapping, and charging projects will also be promoted.

               •   The revised policy also aims to promote new wind energy projects and
                   the repowering of existing wind energy projects. Project developers will
                   be allowed to develop projects under the open access route to sell wind
                   energy in the state.

               •   Solar-wind hybrid energy projects, energy storage projects, biomass,
                   waste-to-energy, mini and small hydro projects, and new projects will be
                   given additional support.

               •   KREDL also prescribed the procedure for applying for projects and land al-
                   lotment for all renewable energy-based projects. It also specified the max-
                   imum extent of land that can be allotted to individual project types. Solar
                   projects can be allowed a maximum of 3 acres per MW, solar projects with
                   trackers are allowed 3.5 acres/MW, wind projects are allowed 2.5 acres of
                   land per wind turbine generator, while rooftop solar projects are allowed
                   100 square feet/kW.

               Chhattisgarh Invites Comments on Draft Renewable Purchase Obliga-
Chhattisgarh
               tions Regulations for 2021-2026

               •   CSERC with its notification dated 26 February 2021 has issued a draft noti-
                   fication for the state’s RPO and REC framework regulations for 2021-2026.
                   CSERC invited comments and suggestions on the draft regulations on or
                   before 8 April 2021.

               •   The regulations are set to come into effect from 1 April 2021.

               •   Above regulations also apply to open access (OA) consumers with a ca-
                   pacity of 1 MW and above who procure non-renewable power will be sub-
                   ject to a minimum RPO. This applies only to consumers who do not have a
                   supply agreement with their respective area’s DISCOM.

               •   Obligated entities who consume power to the extent of the total RPO
                   specified from fossil fuel-based co-generation power projects will be
                   exempted from the minimum RPO requirement. Obligated entities that do
                   not meet their targets during any financial year will be directed to maintain
                   a separate fund for an amount that will be specified by CSERC.

               •   CSERC will determine the amount based on the shortfall in units and the
                   forbearance price as determined by the Central Electricity Regulatory
                   Commission (CERC). This fund will be utilized as per the state Commis-
                   sion’s directives.

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•   As per the Draft Regulations, all renewable projects commissioned during
              the control period will be given the option to follow either the tariff struc-
              ture and other conditions per the CSERC’s tariff regulations or the REC
              mechanism for power pricing from the project.

          •   Renewable projects with long-term PPAs for the sale of power at a prefer-
              ential tariff that has prematurely terminated their agreements will not be
              eligible for participating in the REC program for three years from the date
              of termination of their agreement.

          •   OA renewable power consumers will be required to pay cross-subsidy
              surcharges as specified by CSERC OA regulations. No banking facilities will
              be provided for third-party sales from renewable sources through open
              access.

Andhra    Andhra High Court Allowed DISCOMs to Buy Power from Spot Market
Pradesh   Ignoring Letter of Credit Order

          •   In a recent order Andhra Pradesh High Court has allowed the distribution
              companies (DISCOMs) of the state to operate through power exchanges
              and to secure power through open access.

          •   Southern Power Distribution Company of Andhra Pradesh (APSPDCL) and
              Eastern Power Distribution Company of Andhra Pradesh (APEPDCL) had
              filed a petition against the centre direction to comply with the require-
              ments of opening letters of credit with wind and solar power developers
              with a consequence of disallowing the DISCOMs access of power from
              power exchanges and short-term open access in case of non-compliance.

          •   In this case the respondents included the Ministry of Power, the Ministry of
              New and Renewable Energy (MNRE), the Power System Operation Corpo-
              ration Limited (POSOCO), and project developers.

          •   DISCOMs further contended that they had the right to participate
              in trading power on exchanges and sell the power through open access.

          •   The Court said that the Ministry of Power and MNRE were not empowered
              to enforce PPAs signed between the DISCOMs and the power genera-tors.
              The court also added that the power of the national load despatch center
              and regional load despatch centers was only to ensure the systems’
              smooth and efficient performance.

          •   Considering all the factors, the Court said that the DISCOMs were allowed
              to operate through power exchanges and secure power through open
              access. However, the court granted no relief to clear the dues owed by the
              DISCOMs to the power generators.

34
•   As per Ministry of Power new regulations regarding the late payment sur-
                charge announced in February, a DISCOM which has a late payment sur-
                charge outstanding against a bill after the expiry of seven months from the
                due date will be debarred from procuring power from a power exchange
                or grant of short-term open access until such bill is paid. The High Court
                has completely ignored this order by the center.

Telangana   TSERC approved Commissioning Date Extension for Enrich 7 MW Pro-
            ject

            •   Telangana State Electricity Regulatory Commission (TSERC) approved
                the extension of a 7 MW solar project commissioning date due to force
                majeure events.

            •   TSERC directed the state distribution company (DISCOM) to refund the
                amount sum of Rs. 2.42 million adjusted towards the penalty for the delay
                in commissioning the project.

            •   Southern Power Distribution Company of Telangana (TSSPDCL) floated a
                tender on 1 April 2015 for 2,000 MW of solar under the competitive bid-
                ding route.

            •   Enrich Energy was declared the successful bidder for setting up a 7 MW
                solar project at Thattepally village in the Rangareddy district of Telangana
                with a quoted tariff of Rs. 5.72 /kWh. The company submitted an amount
                of Rs. 4.9 million as the performance bank guarantee (PBG) and signed the
                power purchase agreement (PPA) on 26 February 2016.

            •   Enrich Energy could not complete the project on time, and the project was
                completed on 31 March 2017. As cited by the developer, the reasons for the
                delay were ‘force majeure’ events affecting execution.

            •   In a letter issued on 21 April 2017, Telangana government directed the
                state DISCOMs to extend the SCOD of all solar projects up to 30 June 2017,
                without any penalties. The date of commissioning of the project as per
                PPA was 25 February 2017, and whereas the actual commissioning was
                achieved on 31 March 2017.

Rajasthan   Rajasthan Extends Net Metering for Rooftop Solar Until 30 June 2021

            •   Rajasthan Electricity Regulatory Commission (RERC) on 24 March 2021 has
                clarified that the net metering facilities for rooftop and small grid-connect-
                ed solar systems will be valid up to 30 June 2021.

            •   RERC has amended the Clause of ‘Draft Grid-Connected Distributed Re-
                newable Energy Generating Systems Regulations, 2020’ as per which net
                metering for rooftop solar and small grid-connected solar projects was to

                                                                                            35
expire on 31 March 2021.

          •   RERC proposes to issue finalised Regulations in due course of time.
              Meanwhile, to bring regulatory certainty it is clarified that Rooftop and
              Small Solar Grid Interactive Systems commissioned under Net Metering
              agreements up to 30 June 2021, shall continue to operate under the Net
              Metering arrangement till the period of Connection Agreement, as per the
              provisions of the Rajasthan Electricity Regulatory Commission (Connectiv-
              ity and Net Metering for Rooftop and Small Solar Grid Interactive Systems)
              Regulations, 2015 and subsequent amendments thereof.

Uttar     UPERC allows Ceiling Tariff of Rs.3.10/kWh for Small Solar Projects
Pradesh   Under PM-KUSUM Program

          •   Uttar Pradesh Electricity Regulatory Commission (UPERC) with its order
              dated 23 March 2021 has approved several deviations in the request for
              selection (RfS) and power purchase agreement (PPA) for procurement of
              power from the small capacity (0.5 MW to 2 MW) grid-connected solar
              photovoltaic power projects under ‘Component-A’ of Pradhan Mantri Kisan
              Urja Suraksha evam Utthaan Mahabhiyan (PM-KUSUM) program.

          •   UPERC heard a petition filed by Uttar Pradesh New & Renewable Energy
              Development Agency (UPNEDA) and Uttar Pradesh Power Corporation
              (UPPCL) in which they had sought approval of deviations from the guide-
              lines issued by the Ministry of New and Renewable Energy (MNRE) along
              with the approval of bid documents (RfS and PPA).

          •   Some of the deviations approved include the approval of ceiling tariff of
              Rs. 3.10 /kWh to allow maximum participation for the discovery of com-
              petitive bid price; disallowing bidders with solar projects less than 0.5
              MW and approval of the submission of bid security declaration instead of
              earnest money deposit for tenders under the PM-KUSUM scheme.

          •   After considering the deviations suggested, UPERC approved the ceiling
              tariff of Rs. 3.10 /kWh to allow maximum participation to discover compet-
              itive bids.

          •   The petitioners had proposed that the land lease should be a bipartite
              agreement between farmers and the developers, and the distribution
              company (DISCOM) should not be held responsible for failing to get the
              land leased.

          •   The petitioners also sought to disallow bidders with solar projects less
              than 500 kW capacity since it was difficult for DISCOMs to manage smaller
              projects. The Commission approved the request.

36
•   UPERC stated that since the MNRE had already approved the submission
             of bid security declaration instead of EMD for tenders held under PM-KUS-
             UM, the question of deviation did not arise.

         •   UPERC also approved the mentioning of details about grid connectivity
             which, according to the petitioners, were not mentioned earlier.

         •   UPERC approved the petitioner’s plea for an increase in late payment sur-
             charge’s applicability from 30 days to 60 days and an extension of time to
             claim a rebate by DISCOMs on payments from seven days to ten days.

West     WBERC Allows Net Metering for Rooftop Solar Systems Installed Be-
         fore 30 June 2021
Bengal
         •   West Bengal Electricity Regulatory Commission (WBERC) has ruled that
             consumers who install solar photovoltaic systems before 30 June 2021,
             will be eligible for net metering facilities.

         •   WBERC had issued its ‘Cogeneration and Generation of Electricity from
             Renewable Sources of Energy (First Amendment)’ Regulations, 2020 in
             December 2020, revising renewable purchase obligation (RPO) targets and
             increasing the number of obligated entities. The regulations were aimed
             at promoting rooftop solar adoption through net metering and net billing
             facilities.

         •   In January, the WBERC had issued amendments to the Cogeneration and
             Electricity Generation from Renewable Sources Regulations 2013. A signif-
             icant amendment was the mandate of a gross metering facility for rooftop
             solar systems above 5 kW in capacity.

         •   The amended regulations allowed net metering for agricultural consum-
             ers and all other consumers with a sanctioned load of up to 5 kW and net
             billing facilities for consumers with a higher than 5 kW load. Existing net
             metering consumers were allowed to continue with their arrangements.

         •   Subsequently, after scrutinizing comments received from various stake-
             holders WBERC ruled that consumers who install their solar systems
             before 30 June 2021, would be eligible for net metering.

         •   Eligible Consumers must notify their respective distribution licensees
             about their installed systems before this date.

         •   Distribution licensees, in turn, must verify and confirm the date of instal-
             lation of these solar photovoltaic systems before allowing net metering
             facilities for them.

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