In exercise of
powers conferred under Section 181 read with Sections 61(h), 66 and 86(1)(e) of
the Electricity Act, 2003, the Delhi Electricity Regulatory Commission after
previous publication hereby makes the following Regulations for the Renewable
Purchase Obligation (RPO) and Renewable Energy Certificate (REC) Framework
Implementation in the National Capital Territory of Delhi. PRELIMINARY (1)
These
Regulations shall be called the Delhi Electricity Regulatory Commission
(Renewable Purchase Obligation and Renewable Energy Certificate Framework Implementation)
Regulations, 2021. (2)
These
Regulations shall come into force from the date of notification: Provided that for the period from 01/04/2017
to 31/03/2020, the RPO targets for Long Term Open Access (LTOA) and Medium Term
Open Access (MTOA) Consumers shall be same as the target of FY 2016-17 as
specified in Delhi Electricity Regulatory Commission (Renewable Purchase
Obligation and Renewable Energy Certificate Framework Implementation)
Regulations, 2012: Provided further that the compliance of
cumulative targets for the above mentioned intervening period for LTOA/MTOA
shall be met by such entities within two years from the date of notification of
these Regulations. (3)
These
Regulations shall extend to whole of National Capital Territory of Delhi. (4)
These
Regulations shall apply to the following Obligated Entities in the National
Capital Territory of Delhi: (i)
Distribution
Licensees; (ii)
Any
Captive user, using other than Renewable Energy Sources exceeding 1 MW; and, (iii)
Any
Open Access Consumer having contract demand exceeding 1 MW and sourcing power
from other than Renewable Sources of Energy. In these Regulations, unless the context
otherwise requires, (1)
"Accredited
Entities" means entities engaged in generation of electricity from Renewable
Energy Sources registered under Central Electricity Regulatory Commission
(Terms and Conditions for Recognition and Issuance of Renewable Energy
Certificate for Renewable Energy Generation) Regulations, 2010, as amended from
time to time, for issuance of Renewable Energy Certificates; (2)
"Act"
means the Electricity Act, 2003 (Act No. 36 of 2003) and subsequent
amendment(s) thereof; (3)
"Area
of Supply" means the area(s) within which the Distribution Licensee is
authorized to supply electricity; (4)
"Captive
Generating Plant" shall have the same meaning as defined in the Act read
with the Electricity Rules 2005 as amended from time to time; (5)
"Captive
user" shall mean the end user of electricity generated in a Captive
Generating Plant and the term captive use shall be construed accordingly; (6)
"Central
Agency" means the agency, as the Central Commission may designate from
time to time, under Central Electricity Regulatory Commission (Terms and
Conditions for recognition and issuance of Renewable Energy Certificate for
Renewable Energy Generation) Regulations, 2010 as amended from time to time; (7)
"Central
Commission" means the Central Electricity Regulatory Commission (CERC)
referred to in sub-section (1) of Section 76 of the Act; (8)
"Certificate"
means the Renewable Energy Certificate (REC) issued by the Central Agency in
accordance with the procedures prescribed under the provisions specified in the
Central Electricity Regulatory Commission (Terms and Conditions for recognition
and issuance of Renewable Energy Certificate for Renewable Energy Generation)
Regulations, 2010 as amended from time to time; (9)
"Commission"
means the Delhi Electricity Regulatory Commission (DERC) as referred in
subsection (1) of Section 82 of the Act; (10)
"Consumption"
means - In case of Distribution Licensees as the
total energy sold to consumers/excluding Transmission & Distribution Loss
for the whole year after subtracting the Hydro Power purchase during the year
(not excluding the LHPs considered under Regulation 4(2)(a)). In case of Open Access consumers as the total
energy recorded by the meter for the whole year after subtracting the Hydro
Power purchase during the year." (11)
"Distribution
Licensee" means a Licensee authorised to operate and maintain a
Distribution system for supplying electricity to the consumers in his area of
supply; (12)
"Inter-connection
point" shall mean the interface point of the Renewable Energy Project with
the Transmission system or Distribution system as the case may be; (13)
"Floor
Price" shall have the same meaning as defined in the Central Electricity
Regulatory Commission (Terms and Conditions for recognition and issuance of
Renewable Energy Certificate for Renewable Energy Generation) Regulations,
2010, as amended from time to time; (14)
"Forbearance
Price" shall have the same meaning as defined in the Central Electricity
Regulatory Commission (Terms and Conditions for recognition and issuance of
Renewable Energy Certificate for Renewable Energy Generation) Regulations 2010
as amended from time to time; (15)
"MNRE"
means the Ministry of New and Renewable Energy, Government of India; (16)
"Obligated
Entity" means the Distribution Licensee, Captive user, Open Access
Consumer or any other entity in the National Capital Territory of Delhi, which
is mandated to fulfill Renewable Purchase Obligation as may be notified by the
Commission from time to time; (17)
"Open
Access Consumer" means a consumer permitted to receive supply of
electricity from a person, other than Distribution Licensee of his area of
supply as per DERC (Terms and Conditions for Open Access) Regulations, 2005 as
amended from time to time and the applicable Orders issued under the Open
Access Regulations; (18)
"Person"
shall have the same meaning as defined under sub section (49) of Section 2 of
the Act; (19)
"Power
Exchange" means exchange registered under CERC (Power Market) Regulations,
2010 or as amended from time to time; (20)
"Renewable
Energy Sources" means Renewable Sources such as large hydro as specified
under Regulation 4(2)(a), small hydro, wind, solar including its integration
with combined cycle, biomass, bio fuel cogeneration, urban or municipal waste
and/or such other source(s) recognized by Ministry of New and Renewable Energy
(MNRE) or any other agency as notified by Government of India or the
Commission; (21)
"Renewable
Purchase Obligation (RPO)" means the requirement as specified under these
Regulations as per Section 86(1)(e) of the Act for the Obligated Entity to
purchase electricity from Renewable Energy Sources; (22)
"State
Nodal Agency" means the Energy Efficiency & Renewable Energy
Management Centre (EERM&C) or the agency so designated by the Commission
under Regulation 6 of these Regulations to act as the agency to undertake the
functions as specified in these Regulations in the National Capital Territory
of Delhi; (23)
"State"
means the National Capital Territory of Delhi. (24)
"Tariff"
means the tariff fixed by the Commission as per relevant Regulations for
generation from various Renewable Energy Sources under Section 62 or adopted
under Section 63 of the Act; (25)
"Year"
means a financial year i.e. from 1st April to 31st March. (1)
These
Regulations shall be interpreted and implemented in a manner not inconsistent
with the provisions of the Act, Rules and Regulations made thereunder. (2)
Unless
the context otherwise requires, the words or expressions used in these
Regulations and not defined herein but defined in the Act or the Regulations
issued by the Commission, shall have the same meaning assigned to them
respectively in the Act or such Regulations issued by the Commission. GENERAL (1)
Every Obligated Entity shall purchase electricity from
Renewable Energy Sources for fulfilment of a defined minimum percentage of the
total consumption during the year, under the Renewable Purchase Obligation, as
specified below - Table
1: RPO Targets for Obligated Entities Sr. No. Particulars FY 2020-21 FY 2021-22 FY 2022-23 1. Non-Solar Other Non Solar
RPO 10.25% 10.25% 10.50% HPO (applicable
only for Distribution Licensees) - 0.18% 0.35% 2. Solar 7.25% 8.75% 10.50% Total 17.50% 19.18% 21.35% Provided
further that the targets specified for Obligated Entities for FY 2022-23 shall
be continued beyond FY 2022-23 unless specified by the Commission separately. (2)
The Hydro Purchase Obligation (HPO) Targets for
Distribution Licensees shall be fulfilled in the following manner: (a)
HPO benefits may be met from the power procured from
eligible LHPs (> 25 MW)including pumped storage projects commissioned on and
after 08/03/2019 and upto 31/03/2030 in respect of 70% of the total generated
capacity for a period of 12 years from the date of commissioning. (b)
Further to facilitate compliance of HPO, Hydro Energy
Certificate mechanism as available to be utilised by Distribution Licensees. (c)
The HPO Trajectory shall be trued up on an annual basis
depending on the revised commissioning schedule of Hydro projects. (d)
Hydro power imported from outside India shall not be
considered for meeting HPO. (3)
The Obligated Entity shall comply with its RPO targets
separately for Solar & Non-Solar, excluding consumption met from hydro
other than small hydro sources of power and other than LHPs considered for
fulfilment of HPO, through procurement of Solar energy and Non-Solar energy: Provided
that such obligation to purchase renewable energy shall be inclusive of the
purchases, if any, from Renewable Energy Sources already being made by the
obligated entity concerned: Provided
further that on achievement of Solar RPO compliance as specified in aforesaid
sub Regulation (1) to the extent of 85% and above, remaining shortfall if any,
can be met by excess Non-Solar energy/Non-Solar REC purchased beyond Non-Solar
RPO for that particular year: Provided
further that on achievement of Other Non-Solar RPO compliance as specified in
aforesaid sub-Regulation (1) to the extent of 85% and above, remaining
shortfall if any, can be met by excess Solar energy/Solar REC/eligible Hydro
Energy purchased beyond Solar RPO or HPO for that particular year: Provided
further that, on achievement of HPO compliance to the extent of 85% and above,
remaining shortfall, if any, can be met by excess Solar or Other Non-Solar
energy consumed beyond specified Solar RPO or Other Non Solar RPO for that
particular year. Provided
also that the Obligated Entities may purchase power from various Renewable
Energy Sources or RECs or combination of both for any shortfall in meeting
their total RPO targets for any financial year within three months from the
date of completion of the relevant financial year. (1)
The power purchase from generating station(s) based on
Renewable Energy Sources registered for issuance of REC under CERC (Terms and
Conditions for recognition and issuance of Renewable Energy Certificate for
Renewable Energy Generation) Regulations 2010 as amended from time to time,
shall not qualify for RPO of the Obligated Entities: Provided
that for power purchase from RE generator, the Obligated Entities will submit
an under-taking to State Nodal Agency that renewable component of this power
has not been claimed by the RE generators for issuance of REC under CERC (Terms
and Conditions for recognition and issuance of Renewable Energy Certificate for
Renewable Energy Generation) Regulations, 2010 as amended from time to time. (2)
The quantum of electricity generated by Net Metering
consumers other than Obligated Entity eligible under DERC (Net Metering for
Renewable Energy) Regulations, 2014 as amended from time to time or under Delhi
Solar Policy, 2016 as amended from time to time, shall qualify towards
compliance of Renewable Purchase Obligation for the Distribution Licensee of
the area. (3)
Distribution Licensees shall procure 100% power generated
from all the Waste-to- Energy plants in the State, in the ratio of their
procurement of power from all sources, or as approved by the Commission from
time to time. (4)
The Renewable Energy procured by the Obligated Entity
from Renewable Energy Generating Stations bundled with coal/lignite generating
stations shall be considered towards compliance of RPO to the extent of power
procured from such Renewable Energy Generating Station. (5)
The Distribution Licensee shall submit its quarterly
progress report to the Commission along with RPO compliance status of Open
Access Consumers & Captive Users on the capacity addition, generation and
purchase of electricity from Renewable Energy Sources & purchase of RECs
and also upload the progress report on its website. (1)
The State Nodal Agency (SNA) shall discharge the
following functions, namely - (a)
accreditation and recommendation of the renewable energy
projects for registration under REC mechanism and shall act in accordance with
the procedures/rules laid by Central Agency for discharge of its functions
under the Central Electricity Regulatory Commission (Terms and Conditions for
recognition and issuance of Renewable Energy Certificate for Renewable Energy
Generation) Regulations, 2010 as amended from time to time; (b)
develop suitable protocol for collection of information
from various sources such as renewable energy generating companies, Obligated
Entities, State Load Despatch Centre (SLDC) or any other agency on regular
basis and compile such information to compute the compliance of RPO target by
Obligated Entities; (c)
publish monthly statement of renewable energy procurement
and RPO compliance by different Obligated Entities on a cumulative basis by
25th day of the next month on its website; (d)
submit quarterly progress report in respect of compliance
of renewable purchase obligation by the Obligated Entities by 25th day of the
next month. State Nodal Agency shall develop formats and get approved by the
Commission within one month of issuance of these Regulations. (e)
discharge any other function as may be assigned by the
Commission from time to time. (2)
The State Nodal Agency shall function in accordance with
the directions issued by the Commission from time to time. (3)
The Commission may specify qualifying criteria based on
technical and financial capability of an agency to be designated as State Nodal
Agency. (4)
The Commission may fix the remuneration and charges
payable to the State Nodal Agency for discharge of its functions and the same
shall be recovered from the accredited entities and the Obligated Entities
other than Distribution Licensees. (5)
If the Commission is satisfied that the State Nodal
Agency is not able to discharge its functions satisfactorily, it may by an
Order, and after recording reasons in writing, designate another agency to
function as State Nodal Agency, as it considers appropriate. (1)
All Open Access Consumers receiving electricity from
Renewable Energy Sources shall be exempted from the Wheeling, Transmission,
Cross Subsidy Surcharge and Additional Surcharge to the extent of quantum of
RPO compliance: Provided
that the generators using Renewable Energy Sources shall provide certificate to
Obligated Entities that no REC/RPO claim for this power has been made. Provided
further that Quantum of RPO compliance only for computation of Open Access
Charges shall be computed for non-obligated Open Access consumers. (2)
Every Open Access Consumer shall submit necessary details
to Distribution Licensee regarding total consumption of electricity and
purchase of energy from Renewable Sources for fulfilment of RPO on yearly basis
within 15 days from the date of notification of these Regulations: Provided
that an existing Open Access Consumer as on 1st April of a Financial Year,
shall submit the projections for the relevant financial year by 31st March of
the preceding Financial Year. (3)
The Distribution Licensee shall take into account the
projections submitted by the Open Access Consumer for the purpose of
computation of the value of Bank Guarantee (BG) or Fixed Deposit Receipt (FDR)
for the relevant financial year: Provided
that the value of BG/FDR shall be the average of Floor and Forbearance price of
respective sources based on the past three months: Provided
further that the value of Bank Guarantee or Fixed Deposit Receipt shall be
intimated to the Open Access Consumer within 7 days of receipt of projections
from the Open Access Consumer. (4)
The Open Access Consumer shall submit Bank Guarantee or
Fixed Deposit Receipt (FDR) to Distribution Licensees before issuance of
compliance report for completion of metering formalities: Provided
that existing Open Access Consumer on the date of applicability of these
Regulations shall submit the Bank Guarantee or Fixed Deposit Receipt (FDR)
within 7 days of receipt of intimation of value of Bank Guarantee or Fixed
Deposit Receipt (FDR): Provided
further that if the Open Access Consumer is under Open Access on 1st April of
Financial Year, the Open Access consumer shall submit the separate Bank
Guarantee or Fixed Deposit Receipt (FDR) for the relevant financial year by
30th April of the relevant Financial Year: (5)
The Bank Guarantee or Fixed Deposit Receipt (FDR)shall be
valid upto three months from the date of completion of relevant financial year. (6)
The Open Access Consumer shall submit the details of the
RPO compliance for reconciliation to the Distribution Licensee of its area
within two (2) months from the date of completion of relevant financial year. (7)
In case of part fulfillment or non-fulfillment of RPO
compliance of the Open Access Consumer, the Distribution Licensee shall encash
Bank Guarantee or Fixed Deposit Receipt (FDR)for the amount equal to shortfall
units towards compliance of RPO target: Provided
that the Open Access Consumer shall submit the details of RPO compliance to
State Nodal Agency which shall certify part fulfilment or non fulfilment of RPO
to enable the Distribution Licensee to encash Bank Guarantee or Fixed Deposit
Receipt (FDR) for the amount equal to shortfall units towards compliance of RPO
target: Provided
further that in case the value of Bank Guarantee or Fixed Deposit Receipt
(FDR)is more than the amount required to purchase REC by the Distribution
Licensee for shortfall unit towards compliance of RPO target, the Distribution
Licensee shall release the balance amount of Bank Guarantee or Fixed Deposit
Receipt (FDR): Provided
further that in case the value of Bank Guarantee or Fixed Deposit Receipt
(FDR)is less than the amount required to purchase REC by the Distribution
Licensee for shortfall unit towards compliance of RPO target, the Distribution
Licensee shall include the balance amount in subsequent bill. (8)
In case of fulfillment of RPO compliance of the Open
Access Consumer, the Distribution Licensee shall release the Bank Guarantee or
Fixed Deposit Receipt (FDR), within 7 days of reconciliation of RPO compliance: Provided
that if the Distribution Licensee fails to release Bank Guarantee or Fixed
Deposit Receipt (FDR), an interest at the rate of 1.0% per month shall be
payable by Distribution Licensee for delayed period on the amount of Bank
Guarantee or Fixed Deposit Receipt (FDR) to be released. (9)
The Distribution Licensee shall purchase RECs within 30
days of receipt of reconciled statements from Open Access Consumers from the
amount realised on encashment of Bank Guarantee or Fixed Deposit Receipt
(FDR)and the balance amount, if any, realised through bill of Open Access
Consumer. (1)
Every Captive User shall submit necessary details
regarding total consumption of electricity from captive generating and purchase
of energy from Renewable Sources for fulfilment of RPO on yearly basis within
15 days from the date of notification of these Regulations: Provided
that the applicant who declares the captive use during a financial year shall
submit the projections within 15 days of the declaration of captive user. Provided
further that existing Captive User as on 1st April of a Financial Year, shall
submit the projections for the relevant financial year by 31st March of the
preceding Financial Year. (2)
The Distribution Licensee shall take into account the
projections submitted by the Captive User for the purpose of computation of the
value of Bank Guarantee (BG) or Fixed Deposit Receipt (FDR) for the relevant
financial year: Provided
that the value of BG/FDR shall be the average of Floor and Forbearance price of
respective sources based on the past three months: Provided
further that the value of Bank Guarantee or Fixed Deposit Receipt shall be
intimated to the Captive User within 7 days of receipt of projections from the
Captive User. (3)
The Captive User shall submit Bank Guarantee or Fixed
Deposit Receipt (FDR) by 30th April of the relevant Financial Year to the
Distribution Licensee of its area: Provided that the Captive User on the date
of applicability of these Regulations or who declares the captive use during a
Financial Year, shall submit the Bank Guarantee or Fixed Deposit Receipt (FDR)
within 7 days of receipt of intimation of value of Bank Guarantee or Fixed
Deposit Receipt (FDR): (4)
The Bank Guarantee or Fixed Deposit Receipt (FDR) shall
be valid upto three months from the date of completion of relevant financial
year. (5)
The Captive User shall submit the details of the RPO
compliance for reconciliation to the Distribution Licensee of its area within
two (2) months from the date of completion of relevant financial year. (6)
In case of part fulfillment or non-fulfillment of RPO
compliance of the Captive User, the Distribution Licensee shall encash Bank
Guarantee or Fixed Deposit Receipt (FDR) for the amount equal to shortfall
units towards compliance of RPO target: Provided
that the Captive Consumer shall submit the details of RPO compliance to State
Nodal Agency which shall certify part fulfilment or non fulfilment of RPO to
enable the Distribution Licensee to encash Bank Guarantee or Fixed Deposit
Receipt (FDR) for the amount equal to shortfall units towards compliance of RPO
target: Provided
further that in case the value of Bank Guarantee or Fixed Deposit Receipt (FDR)
is more than the amount required to purchase REC by the Distribution Licensee
for shortfall unit towards compliance of RPO target, the Distribution Licensee
shall release the balance amount of Bank Guarantee or Fixed Deposit Receipt
(FDR): Provided
further that in case the value of Bank Guarantee or Fixed Deposit Receipt (FDR)
is less than the amount required to purchase REC by the Distribution Licensee
for shortfall unit towards compliance of RPO target, the Distribution Licensee
shall include the balance amount in subsequent bill. (7)
In case of fulfillment of RPO compliance of the Captive
User, the Distribution Licensee shall release the Bank Guarantee or Fixed
Deposit Receipt (FDR), within 7 days of reconciliation of RPO compliance: Provided
that if the Distribution Licensee fails to release Bank Guarantee or Fixed
Deposit Receipt (FDR), an interest at the rate of 1.0% per month shall be
payable by Distribution Licensee for delayed period on the amount of Bank
Guarantee or Fixed Deposit Receipt (FDR) to be released. (8)
The Distribution Licensee shall purchase RECs within 30
days of receipt of reconciled statements from Captive Users from the amount
realised on encashment of Bank Guarantee or Fixed Deposit Receipt (FDR) and the
balance amount, if any, realised through bill of Captive Users. (1)
The cost incurred by the Distribution Licensee to meet
its RPO target shall be allowed to be recovered in Aggregate Revenue
Requirement (ARR) as per the provisions of the applicable Regulations: Provided
that for shortfall of units to meet RPO target, after physical procurement of
power, the Distribution Licensees may be allowed REC cost at Floor price.
However, if Floor price is zero, the REC cost may be allowed at average of the
Floor price and Forbearance price, as determined by CERC, for such shortfall of
units which shall be trued up subsequently. (2)
Distribution Licensees shall submit necessary details
regarding total sales of electricity to the consumers in its area and purchase
of energy from renewable sources for fulfillment of RPO on annual basis within
three months from the date of completion of relevant financial year to the
State Nodal Agency and the Commission. (3)
Distribution Licensee shall also submit necessary details
regarding total sales of electricity to the consumers in its area and purchase
of energy from renewable sources for fulfillment of RPO, compliance of RPO
through BG/FDR etc. w.r.t. other Obligated Entities in their respective area of
supply, on annual basis within three months from the date of completion of
relevant financial year to the State Nodal Agency and the Commission. (1)
In case of genuine difficulty in complying with the
targets Renewable Purchase Obligation because of non-availability of RECs or
delay in COD of tied up Renewable Power Plants etc., the Obligated Entity shall
file Petition before the Commission for carry forward of RPO compliance in
subsequent year(s). (1)
A renewable energy project shall have an option of
adopting either the tariff pricing structure or the REC mechanism for pricing
of the electricity generated from the project. (2)
The projects opting for tariff under sub Regulation (1),
above, shall have to continue with the same tariff pricing structure till the
period of validity of Power Purchase Agreement. (3)
Renewable energy project shall exercise its choice for
selection of appropriate pricing mechanism prior to execution of the Power
Purchase Agreement with the Distribution Licensee or with Open Access Consumer,
as the case may be. (1)
Non-compliance of the RPO targets, other than HPO
targets, by an Obligated Entity shall attract penalty at the rate of 10% of the
weighted average Floor Price of Solar and Non- Solar Renewable Energy
Certificate, as specified by Central Electricity Regulatory Commission (CERC)
for the relevant year, for quantum of shortfall in RPO. If, the Floor price as
specified by CERC is zero for the year then the penalty shall be at the rate of
10% of the weighted average Forbearance Price of Solar and Non- Solar Renewable
Energy, as determined by CERC, for quantum of shortfall in RPO. Provided
that the amount of penalty imposed on the Distribution Licensees due to
non-compliance of the RPO targets shall be reduced from the ARR during True up
of the relevant Financial Year in terms of the Regulation 124 of the DERC
(Terms and Conditions for Determination of Tariff) Regulations, 2017. Provided
further that the amount of penalty to be levied on obligated Open Access
consumers shall be computed for relevant year by SNA and communicated to
Distribution Licensee with a copy to Commission. The Distribution Licensee shall
bill such penal amount in the electricity bill of Open Access consumers. Provided
further that the penalty to be levied on remaining obligated entities will be
computed for relevant year by SNA and the mechanism for its recovery will be
dealt by the Commission on case to case basis. MISCELLANEOUS The Commission may, in public interest and
for reasons to be recorded in writing, may relax any of the provisions of these
Regulations on its own motion or on an application made before it by a person. The Commission may from time to time add,
vary, alter, suspend, modify, amend or repeal any provision of these
Regulations. (1)
In
case of any difficulty in giving effect to any of the provisions of these
Regulations, the Commission may by any general or special order, issue
appropriate directions to any Obligated Entity or generating company, to take
suitable action, not inconsistent with the provisions of the Act, which appears
to be necessary or expedient for the purpose of removing the difficulty. (2)
Any
Accredited and Obligated Entity may make an application to the Commission and
seek suitable Orders to remove any difficulties that may arise in implementation
of these Regulations. (1)
Save
as otherwise provided in these Regulations, the Delhi Electricity Regulatory
Commission (Renewable Purchase Obligation and Renewable Energy Certificate
Framework Implementation) Regulations, 2012 shall stand repealed from the date
of commencement of these Regulations. (2)
Notwithstanding
such repeal, anything done or purported to have been done under the repealed
Regulations shall be deemed to have been done or purported to have been done
under these Regulations. (3)
Nothing
in these Regulations shall be deemed to limit or otherwise affect the inherent
power of the Commission to make such orders as may be necessary to meet the
ends of justice or to prevent abuses of the process of the Commission. (4)
Nothing
in these Regulations shall bar the Commission from adopting in conformity with
the provisions of the Electricity Act 2003 (36 of 2003) a procedure, which is
at variance with any of the provisions of these Regulations, if the Commission,
in view of the special circumstances of a matter or class of matters and for
reasons to be recorded in writing, deems it necessary or expedient for dealing
with such a matter or class of matters. (5)
Nothing
in these Regulations shall, expressly or impliedly, bar the Commission in
dealing with any matter or exercising any power under the Electricity Act 2003
(36 of 2003) for which no Regulations have been framed, and the Commission may
deal with such matters, powers and functions in a manner it thinks fit.DELHI ELECTRICITY REGULATORY COMMISSION
(RENEWABLE PURCHASE OBLIGATION AND RENEWABLE ENERGY CERTIFICATE FRAMEWORK
IMPLEMENTATION) REGULATIONS, 2021
PREAMBLE