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Ministry of New & Renewable Energy (MNRE) revises Dispute Resolution Mechanism for Renewable Energy Projects

Introduction

The Ministry of New & Renewable Energy (“MNRE”) has issued an order dated June 07, 2023 (“Order”), to bring about important changes to the dispute resolution mechanism for disputes between Renewable Energy Power Developers/ Engineering, procurement, and construction (EPC) Contractors and designated Renewable Energy Implementing Agencies (“REIA”). The Order aims to provide a time-bound, transparent and unbiased platform for resolving disputes in the renewable energy sector.Continue Reading Ministry of New & Renewable Energy (MNRE) revises Dispute Resolution Mechanism for Renewable Energy Projects

Energy Conservation

The Energy Conservation Act, 2001, was amended with the Energy Conservation (Amendment) Act, 2022 (“Amendment Act”), recently. The amended Act received the President’s assent on December 19, 2022, and by way of a notification issued by the Ministry of Power, dated December 26, 2022, the amended Act along with all its provisions came into force on January 1, 2023. The amended Act has brought about some significant changes that are detailed hereunder:Continue Reading The Energy Conservation (Amendment) Act, 2022: Key Highlights

Evolution of Environmental Attributes in India

Environmental attributes represent the characteristics of electric power generation that have an intrinsic value (excluding the energy output), arising from perceived environmental benefits of electricity generation from renewable sources, that result in the avoidance of adverse impact on the environment. For renewable energy generators (RE Generators) to realise tangible benefits from environmental attributes, various renewable energy tracking systems have evolved. These help RE Generators to monetise the green component of electricity, by selling environmental attributes to various entities (both obligated and voluntary), thereby creating much required liquidity. RE Generators in India have been realising the benefits of environmental attributes by registering their projects under the renewable energy certificate (RECs) mechanism, and various other international programmes, as outlined below.Continue Reading Evolution of Environmental Attributes in India

Recovery of Change in Law Impact – An Overdue Intervention

Introduction

Power purchase agreements (PPAs) are generally long-term contracts that are vulnerable to legislative or judicial interventions. These interventions have the potential to impact the cost of establishing or operating generation plants over the life of the PPA. In order to address this risk, PPAs (and many other long-term contracts) incorporate a provision for ‘Change in Law’, which seeks to provide a mechanism to compensate the affected party for increase in cost or decrease in revenues, occasioned by changes in rules/ regulations governing the setting up and operation of the generation plant.Continue Reading Recovery of Change in Law Impact – An Overdue Intervention

Flight and Fall Transmitting Power: Judicial Initiative to Retain Ecological Balance in Society

The renewable energy sector, while promising an environment friendly production of clean electricity, has posed a threat to the environment in certain situations. Recently, a public interest litigation before the Supreme Court, brought forward one such environmental hazard posed by the sector. The overhead transmission lines installed around solar and wind power projects (“Projects”) are posing an extinction risk to endangered birds (such as (i) the Great Indian Bustard (GIB); and (ii) the Lesser Florican).Continue Reading Flight and Fall Transmitting Power: Judicial Initiative to Retain Ecological Balance in Society

After more than three months of lockdown, there is no denying that the Indian economy has been impacted. This is also evidenced by the stimulus packages announced by the Government of India, in an attempt to protect and revive the economy. With most people staying indoors 24*7, electricity consumption in the commercial sector was also impacted initially, although the levels have been restored in a phased manner. This coupled with different lockdown strategies in different states, is also continuing to impact business at large. Taking into account the impact of COVID-19 across the globe, and the lockdown in the country, the government of India and certain central agencies have been providing clarification and issuing memorandums/notifications to guide the infrastructure industry, specifically the renewable energy (RE) sector, and RE projects in terms of COVID-19 being declared as a force majeure (FM).Continue Reading COVID-19 Cloud Cover: Not so sunny times for renewable energy sector!

Charging Infrastructure for Electric Vehicles in India - Policy and Challenges

One of the biggest stumbling blocks for the success of deploying electric vehicle (“EV”) scheme in India is the lack of adequate charging infrastructure (“Charging Infrastructure”). The revised guidelines for Charging Infrastructure for EV, issued on October 01, 2019 (“CI Guidelines”),[1] aim to simplify the process for setting up Charging Infrastructure. Below is a brief analysis of the CI Guidelines:
Continue Reading Charging Infrastructure for Electric Vehicles in India: Policy and Challenges