The Gujarat Electricity Regulatory Commission (GERC) has partly allowed a petition filed by a wind energy developer, granting a 396-day extension for completing the evacuation infrastructure for its 40 MW wind project connected to the 220 kV Savarkundla substation.

The petition sought a declaration that the delay was due to unforeseeable circumstances not attributable to the petitioner, a 12-month extension for completion of the evacuation system, interim protection against coercive action, such as bank guarantee encashment, and other consequential reliefs.

The Commission found merit in the petitioner’s submissions to the extent of granting a 396-day extension, but did not issue a separate order regarding the bank guarantee.

GERC recognized that the delay in completion was due to unforeseen events beyond the petitioner’s control. It directed that the extended period would cover the cumulative delay blocks identified in its analysis.

Background

The wind developer, Sarjan Realities, had proposed developing a 40 MW wind project at the 220 kV Savarkundla substation and applied for Stage-I and Stage-II connectivity on May 3, 2024, and May 5, 2024, respectively.

Gujarat Energy Transmission Corporation (GETCO) approved both connectivity stages on June 29, 2024, with a one-and-a-half-year timeline for completing the evacuation infrastructure, which expires on December 29, 2025.

A provisional estimate for supervision charges was issued on July 18, 2024, and the petitioner paid ₹74,404 (~$839.41) on August 9, 2024.

The project initially shared the evacuation infrastructure with another generator, but due to delays by the lead generator, it sought a separate 66 kV feeder bay. GETCO approved this request on November 26, 2024, and the petitioner executed an undertaking on November 28, 2024, agreeing to complete the project within the stipulated timeframe, not to seek further extensions, and not to hold GETCO responsible.

Despite repeated submissions of layout drawings, GETCO issued the final estimate only on May 12, 2025, which the petitioner paid on May 17, 2025. On the same day, Sarjan applied to the state government for approvals to obtain right-of-way permissions.

However, the state government did not give the approval by July 31, 2025. This prolonged delay in obtaining the right-of-way permission further stalled the construction of the 66 kV transmission line required to evacuate power from the wind project to the Savarkundla substation for another 76 days.

The petitioner approached the Commission for relief.

Commission’s Analysis

The Commission held that paragraph 3.8 of its Wind Tariff Order empowers developers to seek extensions when project commissioning is delayed due to unforeseen events. The order also prescribes a security deposit in the form of a bank guarantee of ₹1 million (~$11,280.59)/MW to GETCO to ensure timely commissioning.

GERC found that the delayed issuance of the final estimate by GETCO materially prevented the petitioner from initiating statutory approvals and construction activities. It also ruled that the undertaking signed by the petitioner could not override statutory rights under the tariff order, allowing the company to approach the Commission for relief.

While GETCO argued that the delays were procedural and partly attributable to the petitioner, the Commission concluded that the delay resulted primarily from factors outside the petitioner’s control. Accordingly, it granted the extension.

It identified four major delay periods- 88 days due to the lead generator’s non-creation of bay infrastructure (June 29 to September 24, 2024); 64 days due to GETCO’s delay in granting a separate bay (September 24 to November 26, 2024); 168 days in issuing the final estimate (November 26, 2024, to May 12, 2025); and 76 days pending approval under Sections 68 and 164 (May 17 to July 31, 2025).

The Commission clarified that the extension does not entail monetary compensation and that the petitioner must ensure prudence in completing the remaining works within the revised timeline.

Recently, GERC granted a 361-day extension to a wind energy developer to complete the power evacuation infrastructure for its 70 MW wind-solar hybrid power project.

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