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In a current order, the Maharashtra Electrical energy Regulatory Fee (MERC) allowed extension of scheduled commissioning date (SCOD) to an Avaada Power Subsidiary, for a 150 MW capability out of the full awarded 350 MW photo voltaic capability by Maharashtra State Electrical energy Distribution Firm Restricted (MSEDCL). Avaada Power requested waiver of SCOD beneath the pretext of delay in procuring imported photo voltaic modules from China. That is for 150 MW of the full 350 MW of photo voltaic capability. The petitioner for this petition was Avaada Sunce Power Pvt Ltd (an subsidiary of Avaada Power) and respondent was MSEDCL.
Background
In reference to the tender of 1000MW photo voltaic power procurement by MSEDCL, launched on 2018, Avaada Power managed 350MW capability out of complete 500MW awarded capability by MSEDCL. In accordance with the tender doc, issuance of LOA , signing of PPA and submission of efficiency financial institution assure (PBG) was accomplished by MSEDCL and Avaada Power. The SCOD for the full 350MW capability was scheduled to 26 th June, 2021.
The SCOD was prolonged twice by MSEDCL on Avaada’s request because of the occurence of Covid-19 and subsequent world provide chain disaster.
| Deliberate Timeline | 1st Extension | 2nd Extension |
| 26.06.2021 | 24.11.2021 | 08.02.2022 |
Within the meantime, previous to the present petition, Avaada managed to fee complete 200MW capability out of complete 350MW capability.
| Commissioning Capability (MW) | COD |
| 1st Half- 100MW | 3 November 2021 |
| 2nd Half- 50MW | 7 January 2022 |
| third Half- 50MW | 02 February 2022 |
For the remaining 150MW capability, Avaada confronted an unprecedented challenges by way of importing photo voltaic modules from China. The explanations for the delay in provide of imported photo voltaic module have been Scarcity of energy / blackout in China , impression of covid-19 , scarcity of uncooked supplies in China. Additionally, Avaada confronted unavailability of the correct dimension and effectivity home module in India, in substitute of imported photo voltaic module. Within the context of the above circumstances, the petitioner requested for extension of SCOD until thirty first might, 2022.
Fee’s Evaluation & Order
After analyzing all inputs and submission of petitioner and respondent, the fee concluded the next orders.
The petitioner was profitable in executing 200MW capability effectively earlier than agreed SCOD, 02.02.2022, which confirmed photo voltaic developer’s prudent ability in execution and EPC beneath numerous disagreeable circumstances. And in addition, the developer was in a position to execute complete 350MW capability by eighth April, 2022, which was solely 59 days delay from the agreed SCOD. Within the above context, and in gentle of the petitioner’s incapacity to acquire photo voltaic modules from China, the fee agreed that the SCOD can be prolonged to 350MW capability as much as 8 April 2022. Accordingly, the submitted PBG couldn’t be encashed by the MSEDCL.
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