Amendment status not verified — confirm the current text below against the official source.
[(1) The Commission shall determine project specific tariff for all the renewable energy systems beyond 1 MW capacity. However, in exceptional circumstances to be recorded in writing, the Commission may, if considered necessary, determine the generic tariff for each financial year of the control period, for the electricity generated from the following categories of renewable sources of energy in accordance with the principles, norms and parameters specified or adopted by the Commission in these Regulations and considering the normative values of capital cost, rate of interest and other parameters notified under these Regulations, by an order published in the official Gazette; (i) Solar Photo Voltaic (PV) of capacity of and below 1 MW at a location; (ii) Wind Energy of capacity of and below 5 MW at a location; (iii) Small Hydro Electric plants having capacity of and below 2 MW; Provided that, the generic tariff so determined shall be the upper ceiling limit and shall not prevent the generator and distribution licensee from agreeing to a lower tariff than the generic tariff determined by the Commission; Provided further that, the generic tariff so determined by the Commission as mentioned above shall not prevent the right of the generator to get a project specific tariff determined, if they so desire, by the Commission as per the provisions of these Regulations. However, the distribution licensee/ purchaser of electricity from RE sources under these Regulations shall pay only the lower of the 'generic tariff of the year of COD or the project specific tariff' as determined by the Commission; Provided also that, the generic tariff determined by the Commission shall also not prevent the right of the distribution licensee to procure power from the renewable energy sources through competitive bidding route as per Section 63 of the Electricity Act, 2003; (2) The generic tariff, if determined by the Commission under these Regulation, shall be applicable to the renewable energy projects which declares their date of commercial operation (COD) during the control period specified under these Regulations or till a project specific tariff is determined by the Commission, whichever is earlier: Provided that the generic tariff determined by the Commission for the control period shall be applicable provisionally to the renewable energy projects which have declared date of commercial operation after the close of that control period, till such time, the tariff is revised by the Commission: Provided further that, as soon as the generic tariff is revised by the Commission for the next control period in which the renewable energy project has declared date of commercial operation, the revised generic tariff shall be assigned to such renewable energy projects, for which provisional tariff is assigned as per the above proviso from the date of declaration of its date of Commercial Operation:] (3) For claiming the generic tariff applicable to the wind energy projects in a wind zone, the project developer shall submit necessary and sufficient details for classification of the project into a particular Capacity Utilization Factor (CUF) based on Annual Mean Wind Power Density (W/m2) validated by the National Institute of Wind Energy. (4) Notwithstanding anything to the contrary contained in these Regulations, the normative parameters and the generic tariff applicable to Small Hydro projects having capacity of and below 5 MW, Wind Energy having capacity of and below 25 MW and Solar PV plants having capacity of and below 5 MW, for the financial year 2019-20 is specified in Annexure I to III attached. [(4A) Notwithstanding anything to the contrary contained in these Regulations, the normative parameters and the generic tariff applicable to Small Hydro projects having capacity of and below 2 MW, Wind Energy having capacity of and below 5 MW and Solar PV plants having capacity of and below 1 MW, for the remaining period of the control period of these Regulations is specified in Annexure IV, V and VI (1 to 3) attached. Provided that the generic tariff applicable for projects, whose declared date of Commercial Operation is between 1-4-2020 to 31-7-2022 and prior to coming into effect of these regulations, shall be that specified for the FY 2019-20;] Revised by K.G.Ex.No.2381 dt.18/07/2022 (w.e.f.01/08/2022). Prior to the Revision it read as: "(1) The Commission may, if considered necessary determine,, the generic tariff for each financial year of the control period, for the electricity generated from the following categories of renewable sources of energy in accordance with the principles, norms and parameters specified or adopted by the Commission in these Regulations and considering the normative values of capital cost, rate of interest and other parameters notified under these Regulations, by an order published in the official Gazette. (i) Solar Photo Voltaic (PV) of capacity of and below 5 MW at a location, (ii) Wind Energy of capacity of and below 25 MW at a location, (iii) Small Hydro Electric plants having capacity of and below 5 MW. Provided that, the generic tariff so determined shall be the upper ceiling limit and shall not prevent the generator and distribution licensee from agreeing to a lower tariff than the generic tariff determined by the Commission. Provided further that, the generic tariff so determined by the Commission as mentioned above shall not prevent the right of the generator to get a project specific tariff determined, if they so desire, by the Commission as per the provisions of these Regulations. However, the distribution licensee/ purchaser of electricity from RE sources under these Regulations shall pay only the lower of the 'generic tariff of the year of CoD or the project specific tariff' as determined by the Commission. Provided also that, the generic tariff determined by the Commission shall also not prevent the right of the distribution licensee to procure power from the renewable energy sources through competitive bidding route as per Section 63 of the Electricity Act, 2003. (2) The generic tariff determined by the Commission for a financial year under these Regulation, shall be applicable to the renewable energy projects which declares commercial operation (COD) during that financial year. Provided that the generic tariff determined by the Commission for a financial year shall be applicable provisionally to the renewable energy projects which are commissioned after the close of that financial year, till such time, the tariff is revised by the Commission: Provided further that, as soon as the generic tariff is revised by the Commission for the financial year in which the renewable energy project is commissioned, the revised generic tariff shall be assigned to such renewable energy projects, for which provisional tariff is assigned as per the above proviso from the date of declaration of its Commercial Operation" Inserted by K.G.Ex.No.2381.dt.18/07/2022.(w.e.f.01/08/2022).