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The Gujarat Electricity Regulatory Commission (GERC) recently dismissed a review petition filed by the Indian Wind Energy Association (IWEA) regarding Wind Tariff Order No. 02 of 2020, dated April 30, 2020. The petition sought a review of the tariff framework for the procurement of power by distribution licensees from wind turbine generators and other commercial issues related to the state of Gujarat.
The petition was filed under Section 94(1)(f) and other applicable provisions of the Electricity Act, 2003. The petitioner requested the Commission to review the impugned order, allow submission of additional data or information if needed, and pass any other orders deemed appropriate based on the facts and circumstances of the case.
The Commission had scheduled the first hearing on November 15, 2022, and issued notices to both the petitioner and respondents, asking them to appear along with their legal representatives and submit any written arguments. However, after the hearing, the petitioner requested a postponement. The Commission granted this request but instructed the petitioner to serve a copy of the petition to the respondents within seven days and file an affidavit confirming the service. The respondents were then given two weeks to file their reply, and the petitioner was to file any rejoinder within two weeks after that.
The matter was later scheduled for a hearing on January 6, 2024. Despite receiving the hearing notice, the petitioner neither appeared nor informed the Commission about any inability to attend. The Commission took note of this absence in its daily order dated May 1, 2024. It highlighted the petitioner’s non-compliance with the earlier directive to provide the petition copy to respondents within 15 days. The Commission gave the petitioner one final opportunity to comply with these instructions, warning that failure to do so would lead to an appropriate order.
More than a year passed since the last order, and the petitioner failed to comply with the Commission’s directives or appear at any hearings. The petitioner neither approached the Commission for relief nor communicated any reasons for their absence. The Commission issued multiple notices and made several efforts to ensure the petitioner had a proper opportunity to present its case, following the principles of natural justice.
Given the petitioner’s repeated absence and failure to respond, the Commission concluded that the petitioner was not interested in pursuing the matter further. Consequently, the Commission decided to dismiss the review petition on account of default by the petitioner. The order stated that despite numerous chances to present the case, the petitioner’s conduct did not justify any further delay or consideration.
With this decision, the review petition was formally disposed of, and no further proceedings will take place in this matter. The Commission’s ruling reflects the importance of adhering to procedural requirements and actively participating in regulatory processes. This case serves as a reminder to stakeholders in the energy sector to comply with Commission directives and respect timelines to ensure their grievances are addressed.
The Gujarat Electricity Regulatory Commission’s dismissal of this petition effectively upholds the original Wind Tariff Order of April 30, 2020, at least for now. The Commission continues to regulate and oversee the tariff framework for wind energy procurement in Gujarat, aiming to balance the interests of generators, distribution companies, and consumers.
