Welcome to the latest edition of our Electricity Law Newsletter, where we spotlight recent legal and regulatory developments that are shaping the contours of the Indian power sector. This edition brings you detailed insights into three significant rulings—each with far-reaching consequences for stakeholders involved in power generation, distribution, and open access.
In this edition, we examine:
- Jurisdiction of the Central Electricity Regulatory Commission (CERC) in Tariff Disputes Involving Atomic Power – A landmark ruling by the Appellate Tribunal for Electricity (APTEL) clarifying that tariff-related disputes between nuclear power generators and distribution licensees fall outside the adjudicatory powers of the CERC under the Electricity Act, 2003.
- Mandatory Nature of Day-Ahead Scheduling for Open Access Consumers – APTEL affirms the binding character of scheduling requirements under the Haryana Electricity Regulatory Commission's open access regulations, reinforcing grid discipline and financial accountability.
- Supreme Court Upholds Validity of RERC's 2016 Open Access Regulations – A decisive ruling that validates the State Commission's jurisdiction to enforce contractual demand reductions and other regulatory obligations in cases of intra-state open access supply.
These decisions not only clarify jurisdictional boundaries but also reaffirm the regulatory framework governing open access and tariff determination. Our analysis unpacks the legal reasoning and practical implications for generating companies, DISCOMs, and open access consumers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
