CERC Grants Extension for NTPC Renewable Energy’s Khavda Solar Park Infirm Power Injection
19.11.2025
SKV Law Offices successfully represented NTPC Renewable Energy Limited before the Central Electricity Regulatory Commission in a matter concerning the extension of infirm power injection for charging and trial run of renewable energy generation units. The matter, heard on 14.11.2025, centred on regulatory compliance and operational challenges faced during the commissioning of a large-scale solar project in a geographically sensitive area.
The case presented multifaceted legal and factual complexities where the principal challenge involved the strict timelines prescribed under Regulation 19(3) of the Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023, which ordinarily restrict infirm power injection to forty-five days from the date of First Time Charging and Energization approval for renewable energy generating stations. SKV Law Offices had to navigate the interplay between regulatory timelines, the procedural requirement for filing applications at least fifteen days in advance of expiry, and the Commission’s discretionary power to relax regulations under Regulation 57 of the Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023. The matter was further complicated by the petitioner’s failure to meet the stipulated filing deadline, necessitating condonation of delay, and by unprecedented force majeure events including extraordinary monsoon rainfall exceeding historical averages and regional security concerns necessitating site evacuation that disrupted construction and commissioning activities at the site located near the Indo-Pakistan border region.
SKV Law Offices balanced strict regulatory adherence with pragmatic equitable grounds. The arguments emphasised that the extension sought was limited and reasonable, designed solely to permit injection of infirm power for already-allocated capacity ready for charging, thereby preventing renewable energy capacity from being stranded. The petitioner successfully persuaded the Commission that the circumstances warranted exercise of its relaxation power, framing the matter not as administrative non-compliance but as a case where strict application of procedural rules would defeat the underlying objectives of renewable energy deployment and grid integration.
The Central Electricity Regulatory Commission granted condonation for the delay in filing the petition and approved extension of the infirm power injection period up to two months from the date of the order, thereby extending the permitted period up to 31.12.2025. This outcome proved instrumental in preventing the stranding of renewable energy capacity at the Khavda Solar Park, where the petitioner was developing 1255 megawatts under Phase-II of the Central Public Sector Undertaking scheme.
The Commission’s recognition that force majeure events beyond the control of project developers warrant regulatory flexibility, particularly in the renewable energy sector where timely capacity addition is critical to achieving national energy objectives. The precedent established strengthens the position of renewable energy developers facing similar unforeseen circumstances and demonstrates that regulatory authorities may exercise discretionary power to balance strict procedural compliance with substantive policy objectives during genuine force majeure situations.
Click here to read the order.
NTPC Renewable Energy Limited was represented before the CERC by Shri Venkatesh, Founding Partner; Suhael Buttan, Partner; and Nikunj Bhatnagar, Associate of the SKV Law Offices team.