In exercise of the powers conferred under Section 181 of the Electricity Act, 2003 and all other powers enabling the Commission in this behalf, the Joint Electricity Regulatory

REGD. No. D. L.-33004/99 The Gazette of India CG-HR-E-06062024-254592 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 395] NEW DELHI, THURSDAY, JUNE 6, 2024/JYAISHTHA 16, 1946 JOINT ELECTRICITY REGULATORY COMMISSION (For the State of Goa and Union Territories) NOTIFICATION Gurugram, the 28th May, 2024 Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Procurement of Renewable Energy) (Fifth Amendment) Regulations, 2024 No. JERC-14/2010.—In exercise of the powers conferred under Section 181 of the Electricity Act, 2003 and all other powers enabling the Commission in this behalf, the Joint Electricity Regulatory Commission (for the State of Goa & Union Territories) hereby amend its existing JERC (Procurement of Renewable Energy) Regulations, 2010 (hereinafter referred to as the Principal Regulations). REGULATIONS 1. Short title, commencement, and extent of application (i) These Regulations may be called the Joint Electricity Regulatory Commission for the State of Goa & Union Territories (Procurement of Renewable Energy) (Fifth Amendment), Regulations 2024. (ii) These Regulations shall come into force from the date of its publication in the Official Gazette. (iii) These Regulations shall extend and apply to the obligated entities in the entire of the State of Goa and the Union Territories of Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep and Puducherry. 2. Amendment in Regulation 2 of the Principal Regulations: (i) In Regulation 2 (f), "Central Electricity Regulatory Commission (Terms & Conditions for recognition and issue of Renewable Energy Certificate for Renewable Energy Generation) Regulations 2010" shall be substituted with “Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022". (ii) The definition of Floor Price and Forbearance Price as provided under Regulation 2 (i) of the Principal Regulations shall be omitted. (iii) The following shall be inserted after Regulation 2 (i) of the Principal Regulations: (il) Green Hydrogen/Green Ammonia shall be defined as Hydrogen/Ammonia produced by way of electrolysis of water using Renewable Energy; including Renewable Energy which has been banked and the Hydrogen/Ammonia produced from biomass. (iv) The definition of HPO as per Regulation 2(j) of the Principal Regulations shall be substituted as under: (j) Hydro Purchase Obligation (HPO) means obligation to procure power from Hydro Power Projects (including Pumped Storage Projects (PSPs) and Small Hydro Projects (SHPs)) commissioned after 31.03.2024. (v) The definition of LHP as provided under Regulation 2(m) of the Principal Regulations shall be omitted. (vi) The definition of Obligated Entity as per Regulation 2(p) of the Principal Regulations shall be substituted as under: (p) Obligated Entity means the entities which are mandated under clause (e) of Sub-section (1) of Section 86 of the Act to fulfil renewable purchase obligation, which includes Distribution Licensee, Captive User and Open Access Consumer. (vii) Following shall be inserted after Regulation 2 (t) of the Principal Regulations: (t1) Renewable Energy Project means a generating station that produces electricity from renewable energy sources. (t2) Renewable Energy with Storage Project means a combination of renewable energy project with storage or a combination of renewable hybrid energy project with storage at the same inter-connection point. (t3) Renewable Hybrid Energy Project means a renewable energy project that produces electricity from a combination of renewable energy sources, connected at the same inter-connection point. (t4) Storage means energy storage system utilizing methods and technologies like, solid state batteries, flow batteries, pumped storage, compressed air, fuel cells, hydrogen storage or any other technology, to store various forms of energy and to deliver the stored energy in the form of electricity. (viii) The following shall be inserted after 2(w) of the Principal Regulations: (x) Wind RPO means obligation to procure power from the Wind Power Projects (WPPs) commissioned after 31st March 2024. (y) Other RPO means obligation to procure power from any renewable energy power project other than HPO and Wind RPO and shall comprise energy from all WPPs and Hydro Power Projects [including Pump Storage Projects (PSPs) and Small Hydro Projects (SHPs)], including free power, commissioned before the 1st April, 2024. 3. Amendment in Regulation 3 of the Principal Regulations: (i) The Table 1(a) under Regulation 3.1 of the Principal Regulations shall be substituted with the Table provided below: Table 1(a) Minimum Quantum of Renewable Purchase Obligation (RPO) in percentage (%) from Renewable Energy Sources (in kWh) of total consumption +----------------+------------------------------+----------------------------+----------------------------------+---------------------------------+--------------+ | Financial Year | Wind renewable energy | Hydro renewable energy | Distributed renewable energy RPO | Other renewable energy | Total RPO | | | (Wind RPO) | (HPO) | | (Other RPO) | (%) | +================+==============================+============================+==================================+=================================+==============+ | 2024-25 | 0.67% | 0.38% | 1.50% | 27.35% | 29.91% | | 2025-26 | 1.45% | 1.22% | 2.10% | 28.24% | 33.01% | | 2026-27 | 1.97% | 1.34% | 2.70% | 29.94% | 35.95% | | 2027-28 | 2.45% | 1.42% | 3.30% | 31.64% | 38.81% | | 2028-29 | 2.95% | 1.42% | 3.90% | 33.10% | 41.36% | | 2029-30 | 3.48% | 1.33% | 4.50% | 34.02% | 43.33% | +----------------+------------------------------+----------------------------+----------------------------------+---------------------------------+--------------+ (ii) Regulation 3.2 of the Principal Regulations shall be substituted as under: RPO to be calculated in energy terms as a percentage of total share of energy consumption of electricity. (iii) The Regulation 3.3 of the Principal Regulations shall be omitted. (iv) Regulation 3.4 of the Principal Regulations shall be substituted as under: (3.4) Other RPO may be met from any renewable source other than specified in Regulations 2(j), 2(x), and 3.11 and shall comprise energy from all WPPs and Hydro Power Projects [including Pump Storage Projects (PSPs) and Small Hydro Projects (SHPs)], including free power, commissioned before the 1st April, 2024. Provided that any shortfall in achievement of stipulated Wind RPO in a particular year may be met with HPO which is in excess of that energy component for that year and vice-versa. Provided further that the balance excess energy consumption under Wind RPO or HPO component in that year, may be considered as part of Other RPO. Provided also that any excess energy consumption under Other RPO in a particular year, may be utilised to meet the shortfall in achievement of stipulated Wind RPO or HPO. (v) Regulation 3.5 of the Principal Regulations shall be substituted as under: (3.5) Every obligated entity shall meet its RPO target by way of its own generation or by way of purchase from other sources / licensees or by way of purchase of Renewable Energy Certificates (RECs) in accordance with the Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022 or by way of combination of any of the above options. Any long-term purchase arrangements shall be made only with the approval of the Commission. The Commission shall approve long term PPAs on case-to-case basis. (vi) Regulation 3.6 of the Principal Regulations shall be omitted. (vii) Regulation 3.7 of the Principal Regulations shall be substituted as under: (3.7) HPO may also be met out of the free power being provided to the UT/State from the Hydro Power Projects commissioned after 31st March, 2024. Provided that the hydro renewable energy component may also be met from Hydro Power Projects located outside India as approved by the Central Government on a case-to-case basis. (viii) In Regulation 3.8 of the Principal Regulations, the word 'non-solar hydro renewable purchase obligations' shall be substituted by "hydro purchase obligations". (ix) In Regulation 3.10 of the Principal Regulations, the word 'HPO' shall be substituted by "RPO". (x) The following shall be inserted after Regulation 3.10 of the Principal Regulations: (3.11) The distributed renewable energy component (Distributed renewable energy RPO) shall be met only from the energy generated from renewable energy projects that are less than 10 MW in size and shall include solar installations under all configurations (net metering, gross metering, virtual net metering, group net metering, behind the meter installations and any other configuration) notified by the Central Government: Provided that the compliance against distributed renewable energy shall ordinarily be considered in terms of energy (Kilowatt hour units): Provided further that in case the obligated consumer is unable to provide generation data against distributed renewable energy installations, the reported capacity shall be transformed into distributed renewable energy generation in terms of energy by a multiplier of 3.5 units per kilowatt per day (kWh/kW/day). (3.12) Any entity, whether obligated or not may elect to generate, purchase and consume renewable energy as per their requirements by one or more of the following methods: A. Own Generation from Renewable Energy Sources: There shall not be any capacity limit for installation of power plants from renewable energy sources, by entities for their own consumption and such plants may be set up at any location in India and power shall be transmitted by using open access: Provided that the generating plant may be set up by the entity itself or by a developer with which the entity enters into a power purchase agreement. B. By requisition from Distribution Licensee: The green energy purchased from distribution licensee or from Renewable Energy sources other than distribution licensee in excess of Renewable Purchase Obligation of obligated entity shall be counted towards Renewable Purchase Obligation compliance of the distribution licensee. C. By purchase of Renewable Energy Certificates (RECs) in accordance with the Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022. D. Purchase of Green hydrogen or Green ammonia: The obligated entity can also meet their Renewable Purchase Obligation by purchasing green hydrogen or green ammonia and the quantum of such green hydrogen or green ammonia would be computed by considering the equivalence to the green hydrogen or green ammonia produced from one MWh of electricity from the renewable sources or its multiples and norms in this regard shall be notified by the Central Commission. The purchase of such green hydrogen or green ammonia shall be counted towards Other RPO. E. Any other sources, as may be, determined by the Central Government. (3.13) Green certificate: The Distribution Licensee shall give “Green Certificate" on yearly basis to the consumers for the green energy supplied by the distribution licensees to consumer on his request beyond the renewable energy obligation of the consumers. 4. Amendment in Regulation 4 of the Principal Regulations: (i) In Regulation 4.1, "Central Electricity Regulatory Commission (Terms & Conditions for recognition and issue of Renewable Energy Certificate for Renewal Energy Generation) Regulations 2010" shall be substituted with "Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022". (ii) The proviso after Regulation 4.1 of the Principal Regulations shall be deleted. (iii) In Regulation 4.2, "Central Electricity Regulatory Commission (Terms & Conditions for recognition and issue of Renewable Energy Certificate for Renewal Energy Generation) Regulations 2010" shall be substituted with “Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022". 5. Amendment in Regulation 5 of the Principal Regulations: In Regulation 5.2, “Central Electricity Regulatory Commission (Terms & Conditions for recognition and issue of Renewable Energy Certificate for Renewal Energy Generation) Regulations 2010" shall be substituted with “Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022". 6. Amendment in Regulation 7 of the Principal Regulations: Following Regulation shall be inserted after Regulation 7.2 of the Principal Regulations: 7.3 The obligated entity who are open access consumers or consumers with Captive Power Plants shall fulfil their obligation as per the specified total renewable energy target irrespective of the non- fossil fuel source. 7. Amendment in Regulation 8 of the Principal Regulations: (i) Regulation 8.1 of the Principal Regulations shall be substituted as under: The pricing of new renewable energy projects commissioned during the operative period shall be as per either the tariff pricing structure, as may be stipulated in the relevant technology specific tariff Regulations of the Commission (including project specific tariff decided by the Commission) or as per the REC mechanism followed in accordance with the CERC (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022 or as per the tariff adopted under Section 63 of the Act. (ii) Regulation 8.3 of the Principal Regulations shall be omitted. (iii) Following Regulation shall be inserted after Regulation 8.3 of the Principal Regulations: 8.4 The Cross-subsidy surcharge shall be as per the provisions of tariff policy notified by the Central Government under the Act: Provided that the cross-subsidy surcharge for Green Energy Open Access Consumer purchasing green energy, from a generating plant using renewable energy sources, shall not be increased, during twelve years from the date of operating of the generating plant using renewable energy sources, by more than fifty percent of the surcharge fixed for the year in which open access is granted; Provided further that the additional surcharge shall not be applicable for Green Energy Open Access Consumers, if fixed charges are being paid by such a consumer: Provided also that cross subsidy surcharge and additional surcharge shall not be applicable in case power produced from a Waste-to-Energy plant is supplied to the Open Access Consumer. Provided also that additional surcharge shall not be applicable in case electricity produced from offshore wind projects, which are commissioned up to December, 2032 and supplied to the Open Access Consumer. Provided also that Cross subsidy surcharge and additional surcharge shall not be applicable if green energy is utilized for production of green hydrogen and green ammonia. (iv) Note-3 provided under Regulation 8 of the Principal Regulations shall be omitted. 8. Amendment in Regulation 10 of the Principal Regulations: (i) Regulation 10 of the Principal Regulations shall be substituted as under: If the obligated entity does not fulfill the renewable purchase obligation as provided in these Regulations during any year and also does not purchase the certificates, the Commission may direct the obligated entity to deposit into a separate fund, to be created and maintained by State Agency, such amount as the Commission may determine at the weighted average REC price discovered at Power Exchange for the relevant year, for quantum of shortfall in RPO. Where any obligated entity fails either to comply with the obligation to purchase the required minimum quantum of purchase from renewable energy sources or procure the Renewable Energy Certificate (s) or deposited into a separate fund as decided by the Commission, it shall also be liable for penalty as may be decided by the Commission under Section 142 of the Act. (ii) The proviso 10.1 to 10.4 shall remain same as provided in the Principal Regulations. S.D.SHARMA, Secy. (I/c) [ADVT.-III/4/Exty./172/2024-25]