JSA successfully represented Suzlon Global Services Limited (“Suzlon”), a wind power developer, before the Gujarat Electricity Regulatory Commission (“GERC”). By way of an Order dated 17.12.2024, GERC permitted Suzlon to commission its Wind Turbine Generators by relaxing the requirement under GERC’s Wind Tariff Order dated 31.08.2024 to install Remote Terminal Unit (“RTU”) at each Wind Turbine Generators (“WTG”), and instead observed that real-time data can be provided to SLDC, through the Supervisory Control and Data Acquisition (“SCADA”) gateway.
Factual Matrix: –
- On 30.04.2020, GERC issued Order No. 02 of 2020 inter alia determining tariff framework for wind power projects in Gujarat, with control period expiring on 31.03.2022. As per this Order, RTU was required to be installed only at pooling substation.
- On 31.08.2024, GERC issued Wind Tariff Order 2024 whereby, for the first time, RTU was required to be installed at each WTGs, alongside being installed at the pooling substation. This Order was made to apply retrospectively with effect from 06.06.2022.
- The requirement to install RTU at each WTG, alongside being installed at the pooling substation affected Suzlon’s WTGs which were ready for commissioning, since complying with such mandate was bound to result in delay in commissioning of such WTGs.
- In its Petition before GERC, as an alternative to ensure real-time transfer of data, Suzlon proposed enhancing its SCADA system, which was time and cost effective, as compared to installing RTU at each WTG.
Findings of GERC: –
By way of its Order dated 17.12.2024, GERC held as under: –
“6.11. … We also note that as per submission of Petitioner 9 WTGs has been ready for the commissioning purpose and during the hearing both the parties agreed to share/collect the real time data from the SCADA gateway. Hence, we are of the view that the Applicant has to file an undertaking for providing the data on real time basis to the Respondent SLDC for its monitoring purpose and thereafter, SLDC may decide about access of SCADA gateway data from each WTG provided by the Petitioner and allows the commissioning of 9 WTGs to the Applicant.
6.12. The Petitioner requests interim relief upon providing real time basis data of the electrical and weather parameters through SCADA gateway from each WTGs to SLDC for real time operation and management and SLDC agreed for such arrangement provided by the Petitioner and allowed to commissioning of the Power Plant would suffice the purpose of the commissioning of 9 WTGs of the Petitioner which are ready for commissioning. Hence, we decide to allow the commissioning of 9 WTGs of the Petitioner by providing real time electrical and weather parameters of each WTGs to SLDC through SCADA gateway.”
This is a landmark interim relief in favour of Suzlon. Similarly placed wind power developers in the state of Gujarat may seek similar reliefs, thereby reducing the cost of generation, and project costs.
Our Disputes Team Comprised Lead Partner – Poonam Verma Sengupta, Senior Associates – Saunak Kumar Rajguru and Priyakshi Bhatnagar and Associate – Pradyumn Amit Sharma.
Poonam has been actively involved in the disputes and corporate practice of the firm with primary focus in the Energy and Transportation Sector. For around two decades with the firm, Poonam has specialized in Power and Aviation Sectors.