GERC, in one of the first of its kind matter, extended completion date of the power evacuation infrastructure recognising occurrence of the unforeseen events
In one of the first of its kind matter before Gujarat Electricity Regulatory Commission ("GERC"), it allowed extension of 465 days to a renewable energy developer for construction of evacuation infrastructure.
Cleanmax Vayu Urja Private Limited, a renewable energy developer ("Cleanmax") is setting up a 100MW renewable energy power plant at Devpur Ranuja, Gujarat ("Power Plant") got its right to get connected with the transmission asset of GETCO. As per the applicable laws, Cleanmax was required to complete the evacuation infrastructure within the timeline specified by the Commission, failing which its right to get connected with GETCO's transmission asset would be revoked. Connectivity is a major element of any power project and without connectivity, any power developer will not be able to supply its power to any off-taker.
However, Cleanmax, despite its best efforts and leaving no stone unturned, was in a genuine difficulty to complete the said evacuation infrastructure within the given timeline. Immense delay had occurred due to unforeseen reasons which included the following:
- Delay in clarity in status of lead generator
- Delay associated with vendor approval for GIS
- Delay connected with common drawing approval
Cleanmax appointed Dentons Link Legal ("DLL") to assist, advise and represent before GERC. DLL recognised importance of interim protection of the connectivity. Aditya K Singh, Partner, DLL (assisted by Anukriti Jain, Principal Associate) appeared before GERC and pressed for interim stay till the disposal of the petition. GERC after hearing issues at length, prima facie agreed with the merit of the matter and provided order of status quo on 11.02.2025.
Further, GERC issued final order on 17.06.2025 recognising difficulties being faced by Cleanmax recognising DLL's submission that Cleanmax's ability to complete the requisite evacuation infrastructure was impacted by occurrence of unforeseen events.
Various power developers are facing similar challenges in completing their evacuation infrastructure. GERC has shown path to other similarly situated developers that in cases of genuine difficulties, sectoral regulator will provide appropriate remedy.
Cleanmax was represented before GERC by Sr. Adv. Mr. Mihir Thakore and Mr. Aditya K. Singh (Partner, DLL) assisted by Ms. Anukriti Jain (Principal Associate, DLL).
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