नई दिल्ली

New Delhi

यादिका संख्या./ Petition No. 269/MP/2021

कोरम/ Coram:

श्री आई. एस. झा, सिस्य/ Shri I. S. Jha, Member

श्री अरुण गोयल, सिस्य/ Shri Arun Goyal, Member
श्री पी. के. दसंह, सिस्य / Shri P. K. Singh, Member

आिे श दिनांक/ Date Of Order: 28th of June, 2022

IN THE MATTER OF:

Petition under section 79(1) (b), (c) and (k) of the Electricity Act, 2003 seeking approval of
the terms of the Tripartite Power Sale Agreement dated 01.12.2021 between SECI,
APDISCOMS and GoAP, for purchase of 7000 MW Solar Power with an annual ceiling
quantum of 17000 MU for 25 years.

AND IN THE MATTER OF:

1. Southern Power Distribution Company of Andhra Pradesh Limited
Besides Srinivasa Kalyanamandapam,
Tiruchanur Road,
Tirupathi – 517501

2. Eastern Power Distribution Company of Andhra Pradesh Limited

P&T Colony, Seethammadhara,
Vishakhapatnam – 530 020

3. Andhra Pradesh Central Power Distribution Corporation Limited

YSR Vidyut Bhavan, ITI-Road,
Vijayawada- Andhra Pradesh

4. Government of Andhra Pradesh

Through Deputy Secretary, Energy Department

Order in Petition No. 269/MP/2021 Page 1 of 7

 2nd Block AP Secretariat
Velagapudi – Guntur District
Andhra Pradesh.
...Petitioners
Versus

1. Solar Energy Corporation of India Limited

6th Floor, Plate-B
NBCC Office Block Tower-2
East Kidwai Nagar, New Delhi-110023

2. Ministry of Power
Through Secretary
Shram Shakti Bhawan
Rafi Marg, New Delhi-110001

3. Andhra Pradesh Green Energy Corporation Limited

Renamed as ‘AP Rural Agriculture Power Supply Company Limited’
C/O APGENCO, 3rd Floor Vidyut Soudha,
Gunadala, Vijayawada, Krishna District,
Andhra Pradesh 520004
…Respondents

Parties Present : Shri Sidhant Kumar, Advocate, AP Discoms

Ms. Manya Chandok, Advocate, AP Discoms
Shri M. G. Ramachandran, Sr. Advocate, SECI
Ms. Tanya Sareen, Advocate, SECI
Ms. Neha Singh, SECI
Shri Atulya Kumar Naik, SECI
Shri Shibasish Das, SECI
Shri Mudit Jain, SECI

आिे श/ ORDER

The Petitioners, Southern Power Distribution Company of Andhra Pradesh Limited, Eastern
Power Distribution Company of Andhra Pradesh Limited and Andhra Pradesh Central Power
Distribution Corporation Limited are distribution licensees of Andhra Pradesh (collectively
referred to as ‘APDISCOMS’). APDISCOMS are the Buying Entities, along with Andhra
Pradesh Rural Power Supply Company Limited under the Tripartite Power Sale Agreement

Order in Petition No. 269/MP/2021 Page 2 of 7

 (PSA). The Petitioner No. 4 is the Government of Andhra Pradesh (GoAP), represented
through Deputy Secretary, Energy Department. The Petitioners have filed the petition under
Section 79(1)(b), (c) and (k) of the Electricity Act, 2003 (the Act) seeking approval of the
terms of the Tripartite Power Sale Agreement (Tripartite PSA) dated 01.12.2021 executed
between Solar Energy Corporation of India (SECI), Andhra Pradesh Green Energy
Corporation Limited (renamed as AP Rural Agriculture Power Supply Company Limited)
and the Petitioners, for procurement of 7000 MW Solar Power from SECI with an annual
ceiling limit of 17000 MU under II, III and IV tranches of the 9000MW Project.

2. The Respondent No.1, Solar Energy Corporation of India (SECI), is a nodal agency for
implementation of the MNRE Scheme for ISTS Connected Solar PV Projects (for an
aggregate capacity upto 6 GW) linked with setting up of Solar Manufacturing Plant (for an
aggregate capacity of 2GW) in India on “Build Own Operate” basis (Manufacturing linked
Solar Scheme). SECI is the Buyer under the Tripartite PSA and acts as the Intermediary
Procurer under the Guidelines for Tariff Based Competitive Bidding Process for Procurement
of Power from Grid Connected Solar PV Power Projects issued by the Ministry of Power.

3. The Respondent No.3, AP Rural Agriculture Power Supply Company Limited, is a public
undertaking under the complete control of GoAP, specifically established upon the directions
of Petitioner No. 4, vide Order No. 152 dated 03.11.2021, by renaming Andhra Pradesh
Green Energy Corporation Ltd. specifically for the purpose of supplying uninterrupted 9
hours daytime power supply to the farming community on a sustainable basis under the
Tripartite PSA. At present, Respondent No.3 does not hold a distribution license. However,
once it becomes operational as a distribution licensee, Respondent No.3 shall act as the
Buying Entity in place of the APDSICOMS and shall be taking over the function of supply
and distribution of power under the Tripartite PSA.

4. The Petitioner has made the following prayers:

a) Allow the present Petition;

b) Grant approval of the terms of the Tripartite Power Sale Agreement dated 01.02.2021
executed between the Petitioners and Respondent No.s 1 and 3;
c) Pass any other or further order(s) as this Hon’ble Commission may deem fit and proper
in the interest of justice.

Order in Petition No. 269/MP/2021 Page 3 of 7

5. The present matter came up for hearing before this Commission on 24.05.2022. As per
Record of Proceedings dated 24.05.2022, it was held as under:
“2. Learned counsel for the Petitioners submitted that the present matter is squarely covered by
the decision of the Commission dated 2.4.2022 in Petition No. 286/AT/2021 (SECI v. Azure
Power India Pvt. Ltd. and Ors.) and accordingly, the Commission may pass an appropriate
order in terms of the said order.

3. Learned senior counsel for the Respondent, SECI submitted that the Commission may
dispose of the present matter in terms its order dated 2.4.2022 in Petition No. 286/AT/2021,
wherein the Commission has already adopted the tariff under the Power Purchase Agreements
(PPAs) entered into between SECI and the Solar Developers on the basis of the Power Supply
Agreements (PSAs) entered into between the SECI and the Distribution licensees including the
Petitioners herein. Therefore, the present Petition is redundant at this stage. Learned senior
counsel further submitted that the PSA between the Petitioners and SECI has already been
approved by the Andhra Pradesh State Electricity Regulatory Commission and this has also
been recorded by the Commission in its order dated 2.4.2022”

6. We observe that as per Order dated 02.04.2022 in Petition no. 286/AT/2021, the Commission
held as under:

“47. As regards Package-II, Package-III and Package-IV, Adani Green and Azure Power vide
their respective undertakings dated 3.11.2021 reduced the quoted tariff to Rs.2.42/kwh for
these packages. Till date, SECI has signed PSAs with the following buying utilities/distribution
companies for Packages II to IV:
Sr. Date of Capacity of Applicable Tariff
No. STATE Buying Utilities PSA Project to Buying Utility
signing (MW) (Rs./kWh)
(1) Andhra Pradesh
Central Power
Distribution Corporation
Limited
(2) Andhra Pradesh
Southern Power Rs.2.42/kWh (Tariff
Distribution Company payable to
Limited Developer)
1. Andhra (3) Andhra Pradesh 01.12.2021 7000 +
Pradesh Eastern Power Rs.0.07/kWh
Distribution Company (Trading Margin)
Limited
(4) AP Rural Agriculture
Power Supply Company
Limited [Permitted
successor of (1), (2), (3)]
(5) Government of
Andhra Pradesh

48. On the basis of above PSAs, PPAs have been signed with the following successful bidders/
Project Company formed by the successful bidder:

Order in Petition No. 269/MP/2021 Page 4 of 7

 Package II:
Sr. Name of the Project Company formed Date of Capacity of Applicable
No. Successful by the successful bidder for PPA Project Tariff
Bidder executing the PPA signing (MW) (Rs./kWh)
1. Adani Green Energy Twenty 14.12.2021 2.42
Four A Limited 250
2. Adani Green Energy Twenty 14.12.2021 2.42
Four A Limited 250
3. Adani Green Energy Twenty 14.12.2021 250 2.42
Adani Green Four B Limited
4. Energy Four Adani Green Energy Twenty 14.12.2021 250 2.42
Limited Four B Limited
5. Adani Green Energy Twenty 14.12.2021 250 2.42
Four Limited
6. Adani Green Energy Twenty 14.12.2021 250 2.42
Four Limited
7. Adani Green Energy Twenty 14.12.2021 250 2.42
Five Limited
8. Adani Green Energy Twenty 14.12.2021 250 2.42
Five Limited
9. Azure Power Fifty Three 16.12.2021 125 2.42
Private Limited
10. Azure Power Fifty Three 16.12.2021 125 2.42
Private Limited
11. Azure Power Fifty Three 16.12.2021 125 2.42
Private Limited
12. Azure Power Azure Power Fifty Three 16.12.2021 125 2.42
India Private Private Limited
13. Limited Azure Power Fifty Four 16.12.2021 125 2.42
Private Limited
14. Azure Power Fifty Four 16.12.2021 125 2.42
Private Limited
15. Azure Power Fifty Four 16.12.2021 125 2.42
Private Limited
16. Azure Power Fifty Four 16.12.2021 125 2.42
Private Limited
Total 3000

PACKAGE III:
Sr. Name of the Project Company formed by Date of Capacity of Applicable
No. Successful the successful bidder for PPA Project Tariff
Bidder executing the PPA signing (MW) (Rs./kWh)
1. Adani Green Adani Green Energy Twenty 14.12.2021 2.42
Energy Four Five C Limited 250
2. Limited Adani Green Energy Twenty 14.12.2021 2.42
Five C Limited 250
3. Adani Green Energy Twenty 14.12.2021 2.42
Five B Limited 250
4. Adani Green Energy 14.12.2021 2.42
Twenty Five B Limited 250
5. Adani Green Energy Twenty 14.12.2021 2.42
Five A Limited 250

Order in Petition No. 269/MP/2021 Page 5 of 7

 6. Adani Green Energy 14.12.2021 2.42
Twenty Four C Limited 250
7. Adani Green Energy Twenty 14.12.2021 2.42
Four C Limited 250
8. Adani Green Energy 14.12.2021 250 2.42
Twenty Five A Limited
9. Azure Power Fifty Nine 16.12.2021 125 2.42
Private Limited
10. Azure Power Fifty Nine 16.12.2021 125 2.42
Private Limited
11. Azure Power Fifty Nine 16.12.2021 125 2.42
Private Limited
12. Azure Power Azure Power Fifty Nine 16.12.2021 125 2.42
India Private Private Limited
13. Limited Azure Power Sixty Private 16.12.2021 125 2.42
Limited
14. Azure Power Sixty Private 16.12.2021 125 2.42
Limited
15. Azure Power Sixty Private 16.12.2021 125 2.42
Limited
16. Azure Power Sixty Private 16.12.2021 125 2.42
Limited
Total 3000

PACKAGE IV:
Sr. Name of the Project Company formed by Date of Capacity of Applicable
No. Successful the successful bidder for PPA Project Tariff
Bidder executing the PPA signing (MW) (Rs./kWh)
1. Adani Green Adani Green Energy Twenty 14.12.2021 2.42
Energy Four Seven A Limited 250
2. Limited Adani Green Energy 14.12.2021 2.42
Twenty Seven A Limited 250
3. Adani Green Energy Twenty 14.12.2021 2.42
Six B Limited 167
4. Azure Power Sixty Two 16.12.2021 83 2.42
Azure Power Private Limited
5. India Private Azure Power Sixty Two 16.12.2021 125 2.42
Limited Private Limited
6. Azure Power Sixty Two 16.12.2021 125 2.42
Private Limited
Total 1000

49. Andhra Pradesh Electricity Regulatory Commission vide Order dated 11.11.2021 granted
approval for procurement of 7000 MW Solar Power in three Package-II, PackagIII &
Package-IV under manufacturing linked tender to Andhra Pradesh Discoms and permitted
execution of PSA.

50. The Petitioner has submitted that it is still in the process of identifying and finalizing the
PSAs in respect of remaining 2000 MW under Package IV.”

…
70. It emerges that selection of the successful bidders has been done and the tariff of solar
power projects has been discovered by the Petitioner, SECI through a transparent process of

Order in Petition No. 269/MP/2021 Page 6 of 7

 competitive bidding in accordance with Guidelines dated 3.8.2017 issued by Ministry of Power
and suitably modified vide communications dated 20.4.2018, 14.8.2019, 9.10.2019 and
22.5.2020. It is also noted that, in accordance with Clause 20 of the Guidelines dated 3.8.2017,
all the modification letters were issued by Ministry of New & Renewable Energy with the
approval of Minister of State (I/C) for Power & MNRE. Admittedly, the Petitioner has been
able to enter into PPA for a total capacity of 8900 MW i.e. 1900 MW under Package-I and
7000 MW under Package-II to Package-IV. Since the Petitioner is still in the process of
identifying and finalizing the PSAs for balance capacity of 3100 MW, we deem it appropriate
to restrict adoption of tariff, as prayed for by the Petitioner, only with respect to the quantum
for which PPA has been executed with solar power developers for supply of power to the
identified distribution licensees through PSA with the Petitioner. Therefore, in terms of
Section 63 of the Act, the Commission adopts the individual tariffs for the solar power projects,
as agreed to by the successful bidder(s), and for which PPA has been entered into by SECI on
the basis of the PSAs with the distribution licensees, which shall remain valid throughout the
period covered in the PPA and PSAs as under
…”

7. From the above, we note that Andhra Pradesh Electricity Regulatory Commission vide its Order
dated 11.11.2021 has already granted approval for procurement of 7000 MW Solar Power in three
packages viz. Package-II, Package III & Package-IV under manufacturing linked tender to Andhra
Pradesh Discoms and permitted execution of Tripartite PSA. In compliance to the approval
granted by APERC, the AP DISCOMS and GoAP have entered into the Tripartite PSA dated
01.12.2021 with SECI for purchase of 7000 MW solar power. Further, the learned counsel of
the Petitioners and Respondents during the hearing held on 24.05.2022 have submitted that
the Commission may dispose of the present matter in terms its order dated 2.4.2022 in
Petition No. 286/AT/2021, wherein the Commission has already adopted the tariff under the
PPAs on the basis of the PSAs and the present Petition is redundant at this stage.

8. In the light of the above, Petition No. 269/MP/2021 is hereby disposed of in terms of the
discussion at para 7 of this Order.

Sd/ Sd/ Sd/

पी. के. दसंह अरुण गोयल आई. एस. झा
(सिस्य) (सिस्य) (सिस्य)

Order in Petition No. 269/MP/2021 CERC Website S. No. 352/2022 Page 7 of 7