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GERC has reserved its final order in a case where the developer of a 140 MW wind power project sought an extension of its Scheduled Commercial Operation Date due to delays caused by connectivity issues and adverse weather conditions. The project, located in Amreli district, Gujarat, is being developed under a Power Purchase Agreement signed on 15 December 2022 with Gujarat Urja Vikas Nigam Limited. The original commissioning date was 14 December 2024, but the petitioner has asked for it to be extended to 15 April 2025, citing force majeure conditions.
The petitioner claimed that a delay of 225 days occurred, largely due to the cancellation and subsequent reallocation of grid connectivity by Gujarat Energy Transmission Corporation Limited. The project developer had applied for Stage I and Stage II connectivity in January 2023, which was granted the following month. However, because of delays in receiving a payment receipt and confirmation of the draft connection agreement, the signing of the connection agreement was delayed. As a result, GETCO revoked the granted Stage II connectivity in May 2023 without issuing prior notice.
The developer later reapplied for connectivity, which was granted again in November 2023. But this reallocation came too late to avoid disrupting the original project timeline. The petitioner argued that the connectivity delay, combined with excessive rainfall at the project site, constituted force majeure events, and therefore sought an official extension under Article 8 of the PPA.
GETCO, represented by its legal team, opposed this claim and stated that the cancellation of connectivity was fully justified and followed the Detailed Procedure approved by the Commission. GETCO said that the developer had failed to pay the estimated charges and submit the signed connectivity agreement within the 65 days required. Consequently, the connectivity was revoked automatically on 22 April 2023. According to GETCO, the petitioner’s non-compliance with deadlines left them with no option but to cancel the grant, and no procedural violations were committed.
GUVNL also opposed the extension request, stating that the reasons cited by the petitioner do not qualify as force majeure events. They argued that neither the rainfall nor the connectivity delays were beyond the developer’s control. GUVNL urged the Commission to enforce the terms of the PPA strictly, including imposing penalties such as liquidated damages due to the delay in project commissioning.
After hearing the detailed submissions from both parties on 3 March 2025, GERC allowed them ten additional days to file written submissions. The Commission noted that the parties had completed their oral arguments, and the matter was now being reserved for a final order. The decision is expected to clarify whether the claimed reasons qualify under the force majeure clause and whether the developer can be granted an extension without penalty.
