Power Regulator
A recent Central Electricity Regulatory Commission order has reinforced a strict boundary between commercial power sale arrangements and transmission access frameworks, an issue of sustained focus for every POWER REGULATOR observer. The Commission rejected Avikiran Solar India Pvt Ltd’s request to align the start of its Long-Term Access with a revised SECI commissioning schedule, holding that such alignment has no basis under the access regime.
The dispute arose when CTUIL operationalised ASIPL’s LTA once the ISTS became available, even though the project’s COD had been delayed under SECI-approved force majeure extensions. ASIPL argued that transmission charges should not accrue during this pre-COD gap and sought relief through waiver and relaxation provisions. The POWER REGULATOR was unmoved.
CERC clarified that LTA commencement is governed solely by the access grant and system readiness. PPA extensions—no matter how valid—do not rewrite LTA timelines. Once access is operationalised, liability follows. This interpretation is consistent with how the POWER REGULATOR has treated similar disputes across renewable portfolios.
The ruling also closed the door on using ISTS waivers as a pre-COD shield. According to the Commission, waivers apply only after generation and supply begin, not during periods when access exists but generation does not. Requests to invoke relaxation powers were rejected, with the POWER REGULATOR finding no regulatory hardship warranting intervention.Commercially, the order carries weight. CTUIL invoices exceeding Rs 6 crore were upheld, confirming that early access decisions can create material exposure. For developers and lenders alike, the POWER REGULATOR has sent an unambiguous message: align access applications with realistic construction timelines, because the framework does not pause for project delays, Power regulator, CERC LTA ruling, SECI wind projects, ISTS waiver interpretation, transmission tariff liability.