Gujarat Electricity Regulatory Commission (Gerc)
Gujarat Electricity Regulatory Commission (Gerc)
Gujarat Electricity Regulatory Commission (Gerc)
(ii) These Regulations shall extend to the whole of the State of Gujarat.
2) These Regulations shall come into force with effect from the date of their
publication in the Official Gazette.
3) Amendment in Regulation 2.1 of the Principal Regulations:
(a) The definition clause Regulation 2.1 (i) of the Principal Regulations shall
be substituted as under:
1 | P a g e
“Contracted load” or “Sanctioned load” or “Contracted demand” means
the maximum demand in kW, kVA or HP, agreed to be supplied by the
Distribution Licensee and indicated in the agreement executed between
the Distribution Licensee and the Consumer and the expression “load”
shall be construed accordingly;
(b) In the definition 2.1 (l) “Eligible Consumer” the words “or Third Party
Sale” shall be inserted after the word “given that such system is self
owned”.
(c) Addition of New Definition clause “Gross Meter” and “Gross Metering” in
Regulation 2.1 of the Principal Regulations:
The following new definition clauses shall stand inserted in Regulation 2.1
after existing Regulation 2.1(m) of the Principal Regulations as Regulation
2.1 (ma) and (mb):
2 | P a g e
2(p) “net-metering” means a mechanism whereby solar energy
exported to the Grid from Grid Interactive Rooftop Solar Photovoltaic
System of a Prosumer is deducted from energy imported from the
Grid in units (kWh) to arrive at the net imported or exported energy
and the net energy import or export is billed or credited or carried-
over by the distribution licensee on the basis of the applicable retail
tariff by using a single bidirectional energy meter for net-metering at
the point of supply;’.
(e) The following new definition clause shall stand inserted in Regulation
2.1 after existing Regulation 2.1(s) of the Principal Regulations as
Regulation 2.1 (sa):
(sa) “prosumer” means a person who consumes electricity from the grid
and can also inject electricity into the grid for Distribution Licensee, using
same point of supply;
(f) The following new definition clause shall stand inserted in Regulation
2.1 after existing Regulation 2.1(x) of the Principal Regulations as
Regulation 2.1 (xa):
(xa) “Third party” for this Regulations means a developer setting up solar
project on the Rooftop/premises of a consumer/prosumer for generation
and sale of such power to the consumer/prosumer in the same premises.
The words “or from solar power plant set up by third party” shall be added
after the words “who are receiving electricity from its own generating
source” and at the end of the said regulations, i.e. after the words “situated
3 | P a g e
in Distribution Licensee area”, the sentence “or prosumer who consumes
electricity from the grid and injects electricity from its Solar Power System
into the grid for supply to Distribution Licensee using same point of supply”
shall be added.
5) Amendment in Regulation 4 (General Principles) of the Principal
Regulation:
The word “/gross metering” shall be added in first para of the Regulation 4
of Principal Regulations after words “The Distribution Licensee shall
provide the net metering” and the word “/prosumer” shall be added
between the words “arrangement to the eligible consumer” and the words
“who intends to install grid connected Rooftop Solar PV System”.
In first proviso of Regulation 4 the word “/prosumer” shall be added
between the word “consumer” and “is eligible to install the grid connected
Rooftop Solar PV System”.
6) Amendment in Regulation 5 (Capacity Targets for Distribution
Licensee) of the Principal Regulation:
The word “/gross metering arrangement” shall be added in first para of the
Regulation 5 of Principal Regulations after words “The Distribution
Licensee shall provide the net metering arrangement” and the word
“/prosumers” shall be added after the word “Eligible consumers”.
7) Amendment in Regulation 6 titled “Eligible Consumer and individual project
capacity” shall be substituted by the title “Eligible Consumer/Prosumer and
individual project capacity”.
8) Amendment in Regulation 6.1 (Eligible Consumer and Individual
project capacity” of the Principal Regulations:
4 | P a g e
From the sentence “In addition to the general eligibility defined in
Regulation 2.1 (l) of these Regulations, the Eligible Consumer for the
Rooftop Solar PV System with net metering shall:”, the words “with net
metering” shall stand deleted and the word ‘/Prosumer’ inserted after the
Eligible Consumer. Accordingly, the said Clause shall read as under:
“In addition to the general eligibility defined in Regulation 2.1(l) of these
Regulations, the Eligible Consumer/Prosumer for the Rooftop Solar PV
System shall:”,
The Regulation 6.1 (ii) shall be amended by inserting the word “or possess
on rental basis” between the words “be in legal possession” and the word
“of the premises including the rooftop or terrace or building or
infrastructure or open areas of the land or part or combination thereof on
which the Solar PV System is proposed to be installed.”
The Regulation 6.1 (iv) shall be substituted by following provisions
iv. consume all of the electricity generated from the Rooftop Solar PV
System at the same premises. If the consumer/prosumer is not able to
consume all of generated electricity in the same premises, it shall be
governed by Regulation 9 of these Regulations.
The following new clauses shall be added after Principal Regulation 6.1
(iv) of the Principal Regulations as Regulation 6.1 (v) and 6.1 (vi).
6.1 (v) Inject all the electricity generated from the Rooftop Solar PV System
into the grid as sale to the licensee at the tariff determined by the
Commission.
5 | P a g e
person shall be eligible for setting up of Solar Power Systems (SPSs), either
for the purpose of captive use and / or for selling of electricity to the
Distribution Licensee or Third Party whether or not under the Renewable
Energy Certificate (REC) mechanism or fulfilment of Renewable Purchase
Obligation subject to provisions of the Electricity Act, 2003, as amended
from time to time.
The first para of Regulation 6.2 of the Principal Regulations as well as the
amended Regulations (First Amendment) and (Second Amendment) shall
stand amended and substituted by following clauses:
(a) Rooftop Solar PV System shall be permitted under net-metering
provision for projects having capacity of 1 kW and above and upto
1000 kW.
(b) Rooftop Solar PV System shall be permitted for gross-metering
provision for projects having capacity of above 10 kW and upto 1000
kW.
Provided that the installed capacity is aligned with the provisions for
permitting consumer connections as stated in the Gujarat Electricity
Regulatory Commission (Electricity Supply Code and Related
Matters) Regulations, 2015 as amended from time to time, read with
the provisions of GERC (Terms and Conditions of the Intra-State Open
Access) Regulations, 2011 as amended from time to time.
(c) Capacity of Solar Power Plant set up by the eligible
consumers/prosumers:
6 | P a g e
Subject to limitation specified in clause (a) and (b) above, the capacity
of Solar Power Plant set up by the eligible consumers/prosumers are
permitted as under:
(i) Solar Projects set up by residential consumers on their
rooftop/premises shall be allowed irrespective of consumer
sanctioned load. Incentives under existing schemes can be
availed by consumers as per the provisions of the scheme.
(ii) No capacity restrictions upto sanctioned load/ contracted
demand shall be applicable for the captive consumers and
project set up under Third Party Sale within the permissible
limit.
(iii) For the projects set up under REC Mechanism for captive use/
third party sale, installation of solar projects shall be allowed
up to sanctioned load/contracted demand.
(iv) The capacity of solar plant set up for fulfillment of RPO
requirements shall be permitted regardless of their sanctioned
load/ contracted demand.
10) Amendment in title of Table and at Sr. No. (iv) provided in Regulation
8(2) of the Principal Regulations are amended as under:
Sr. No. Connected load of eligible Connectivity level
consumer/prosumer
(iv) Above 100 kW/kVA 11 KV, 3 Phase, 50 Hz.
11) Amendment in Regulation 9 of the Principal Regulations and its
Second Amendment:
7 | P a g e
Regulation 9 “Energy Accounting and Settlement” of the Principal
Regulations and its Second Amendment shall be substituted by following
Rsegulations:
9. Energy Accounting and Settlement
(a) Any energy injected prior to commissioning of the solar project shall be
deemed as inadvertent power. The consumer/prosumer of Solar PV
owner is not eligible to receive any monetary compensation for such
inadvertent power.
(b) For each billing period, the licensee shall show the (i) quantum of
electricity injected by Eligible Consumer from Solar PV System in the
grid, (ii) electricity supplied by the Distribution Licensee, (iii) net billed
electricity for payment by the consumer and (iv) net exported energy
after adjustment against the consumption separately.
(c) In case of Prosumer set up the Solar Rooftop projects under Gross
Metering provision, the electricity generated and supplied from such
Solar Rooftop Project to the Distribution Licensee shall be shown
separately in the bill issued by the Distribution Licensee for payment of
such electricity to the Prosumer at the rate determined by the
Commission as per decision of the Commission in Petition No.
1802/2019. The electricity supplied by the Distribution Licensee to such
Prosumer shall be stated separately in the bill by the licensee or each
billing period for payment as per tariff applicable to such consumer as
may be decided by the Commission.
(d) The Solar Rooftop Power Projects commissioned under the provisions
of earlier Notifications of Net Metering Regulations notified by the
Commission, the energy accounting of such projects shall be governed
by the provisions of Net Metering Regulations under which they were
commissioned. However, in case of any addition/reduction in Solar
Capacity or Contracted / Sanctioned load, the earlier set-up Solar
8 | P a g e
Rooftop project arrangement shall be considered different and distinct
and a fresh agreement under existing Regulations shall be signed for
additional capacity.
(e) In case of the energy supplied by the Rooftop Solar Power Project set up
under gross metering mechanism by Residential Consumer and
Government consumers on premises having ownership or legal
possession shall be purchased by the Distribution Licensee at the rate
determined by the Commission in its Order dated 08.08.2019 in Petition
No. 1802/2019 for Solar Power Projects under the Policy for
Development of Small Scale Distributed Solar Projects, 2019. Draft
Agreement is provided herein at Annexure IV.
9.1.2 Solar Projects can also be set up by a developer on the rooftop / premises
of a residential consumer for generation and sale of power to such
consumer/prosumer in the same premises under Third Party Sale for
which the developer and consumer/prosumer shall enter into a lease
agreement and/or power sale agreement.
9.1.3 In case of Residential Consumers, the Energy Accounting shall be carried
out on Billing Cycle basis.
(i) In the event the electricity injected from the Rooftop Projects set up
under Net Metering provisions exceeds the electricity consumed during
the billing period, surplus energy generated from the solar project after
9 | P a g e
set off on billing cycle basis shall be purchased by respective
Distribution licensee at the following rates.
(b) In case of Third-Party Sale covered under Clause 9.1.2 - At 75% of the
simple average of tariff discovered and contracted under competitive
bidding process conducted by GUVNL for non-park based solar projects
in the preceding six months period, i.e., either April to September or
October to March as the case may be, from the Commercial Operation
Date (COD) of the project. The same shall remain fixed for the entire
term of the agreement.
Such rates shall be declared by GUVNL on six monthly basis and shall be
applicable under the agreement to be executed by Distribution licensee
with the consumer.
9.1.4 Excess drawl by consumer/Prosumer from the grid, if any, after giving set
off in case of Solar Project set up under Net Metering mechanism shall be
charged by Distribution Licensee at applicable tariff of respective
category of consumer as determined by the Commission from time to
time.
9.1.5 No Banking charges shall be applicable on solar power consumed by
Residential Consumers.
10 | P a g e
9.1.6 The electricity supplied by the Distribution Licensee to Prosumer shall be
billed separately at the applicable tariff as determined by the Commission
from time to time of respective category of Prosumer for each billing
period for payment.
9.2 For the projects set up under captive use:
9.2.2 The captive use of electricity for self-consumption within the same
premises or at different premises by the consumer must having
ownership of SPS shall be as specified in the Electricity Rules, 2005 and
amendments made thereto from time to time.
9.2.3 No capacity restrictions shall be applicable under this category subject to
consideration of the limit provided for Rooftop projects in Regulations
6.2 of these Regulations.
9.2.4. Installation of Rooftop solar project carried out by the Captive Consumer
by keeping ownership and consumption of energy generated from such
plant complying the provision specified in the Electricity Rules, 2005 and
amendments made thereto from time to time. In such cases the
ownership of the plant and energy generated from such plant shall be
consumed by the captive consumer as specified in the Electricity Rules,
2005 and amendments made thereto from time to time.
9.2.5 The ownership in Captive Solar Generating plant and consumption of
energy on annual basis (financial year basis) from it shall have to be
proved as per the provisions of Electricity Rules, 2005 by the
members/persons of the Captive Solar Generating plant by submitting
necessary data/documents as per the relevant law on annual basis for the
financial year. So far as supply and consumption of energy by the
11 | P a g e
members/persons in proportion to their ownership in the CGP as per the
provisions of Electricity Rules, 2005 is concerned, the members/persons
who are claiming onwnership in captive generating plants shall have to
prove the same by submitting necessary documents/data on annual basis
(financial year basis) with regard to (i) ownership in the captive
generating plants and (ii) consumption of energy supplied from the
captive generating plants to such members in proportionate to their
ownership in the CGP with consideraration of provisions of the Electricity
Rules, 2005 and prevailing law at the relevant time. Such details shall be
submitted to the (i) Chief Electrical Inspector and (ii) the Distribution
Licensee in its license area. In case of failure to prove the Captive
Generating Plant status by the owners on annual (Financial Year) basis,
the energy supplied from such plant shall be considered as sale by the
third party and it shall attract Cross Subsidy Surcharge and Additional
Surcharge as decided in these Regulations.
9.2.6 In case of solar projects set up by HT / EHV consumers for captive use,
the energy set-off shall be allowed between 07.00 hours to 18.00 hours of
the same day which means the generated solar energy during a day shall
be consumed by HT or EHV consumer during 07.00 hours to 18.00 hours
on the same day. The surplus energy after the specified period shall be
purchased by Distribution Licensee at rates specified under these
Regulations.
9.2.7 In case of solar projects set up by LT demand-based consumers for
captive use, the energy set-off shall be allowed between 07.00 hours to
18.00 hours basis of the same billing cycle which means the generated
solar energy during a billing cycle between 7:00 hours to 18:00 hours
shall be consumed by the consumer during the specified period of 7:00
hours to 18:00 hours in the same billing cycle.
12 | P a g e
9.2.8 The energy accounting for all other LT consumers i.e., other than demand
based LT consumers, shall be on billing cycle basis.
9.2.9 The surplus energy, not consumed during the above mentioned period by
the consumer after set-off, shall be compensated by Distribution licensees
by following Surplus Injection Compensation (SIC) rates.
a. In case of MSME Manufacturing Enterprises - At Rs 2.25 / unit for first
5 years from commissioning of project and thereafter for the
remaining term of the project at 75% of the simple average of tariff
discovered and contracted under competitive bidding process
conducted by GUVNL for non-park based solar projects in the
preceding six months period, i.e., either April to September or
October to March as the case may be, from the Commercial Operation
Date (COD) of the project. The same shall remain fixed for the entire
term of the agreement.
9.2.10 Excess drawl of electricity by the consumer from the grid, if any, after
giving set off shall be charged by the Distribution Licensee at the
applicable tariff of the respective category of consumer as determined
by the Commission from time to time.
9.2.11 Banking charges of Rs.1.50 / unit shall be applicable on solar energy
consumed in the case of Demand based Consumers shall be applicable.
13 | P a g e
In case of MSME manufacturing units and other than Demand based
Consumers, Banking Charges of Rs.1.10 per unit on Solar Energy
consumed shall be applicable. Banking Charges shall not be applicable
to government buildings.
9.2.12 Projects set up for captive use shall have the option to switch over from
captive use to Distribution licensee sale once in their life-time and upon
such switch over, the applicable tariff under agreement to be signed
with Distribution licensee shall be lowest tariff discovered and
contracted in competitive bidding process conducted by GUVNL for non-
park based Solar Projects as on the Commercial Operation Date (COD)
of the project.
9.3 PROJECTS UNDER THIRD PARTY SALE
14 | P a g e
day which means the generated solar energy during a day shall be
consumed by HT or EHV consumer during 07.00 hours to 18.00 hours on
the same day. The surplus energy after the specified period shall be
purchased by Distribution licensee at rates specified under these
Regulations.
9.3.5 In case of solar projects set up by LT demand-based consumers, the energy
setoff shall be allowed between 07:00 hours to 18:00 hours basis of the
same billing cycle which means the generated solar energy during a billing
cycle between 07:00 hours to 18:00 hours shall be consumed by the
consumer/prosumer during the specified period in the same billing cycle.
While in case of solar projects set up by LT non-demand based consumers,
the energy set-off shall be allowed on billing cycle basis.
9.3.6 The surplus energy, not consumed by the consumer during the above
mentioned set-off period shall be compensated by Distribution Licensees
at 75% of the simple average of tariff discovered and contracted through
competitive bidding process conducted by GUVNL for non-park based
Solar Projects in the preceding six months period, i.e., either April to
September or October to March as the case may be, from the Commercial
Operation Date (COD) of the project. The same shall remain fixed for the
entire term of the Agreement.
9.3.7 Excess drawl by consumer from the grid, if any, after giving set off shall
be charged by Distribution Licensee at applicable tariff of respective
category of consumer as determined by the Commission from time to
time.
9.3.8 Banking charges of Rs 1.50 / unit shall be applicable on solar energy
consumed in case of Demand based Consumers shall be applicable. In
case of MSME units and other than LT Demand based Consumers,
Banking Charge of Rs.1.10 per unit shall be applicable on Solar Energy
15 | P a g e
consumed shall be applicable. Banking Charges shall not be applicable to
government buildings.
9.4 PROJECT UNDER REC MECHANISM
9.4.4 In case of projects set up for captive / third party sale under REC
Mechanism, surplus energy after giving set-off on 15 minute time block
basis, shall be compensated by Distribution Licensees at 65% of the
simple average of tariff discovered and contracted by GUVNL through
competitive bidding process for non-park based solar projects in the
preceding six months period, i.e., either April to September or October to
March as the case may be, from the Commercial Operation Date (COD) of
the project. The same shall remain fixed for the entire term of the
agreement.
9.4.5 Excess drawl by consumer from the grid, if any, after giving set-off shall
be charged by Distribution Licensee at applicable tariff of respective
category of consumer as determined by the Commission from time to
time.
16 | P a g e
9.4.6 In case Distribution licensee agrees to purchase the electricity component
of power from a project under REC Mechanism, the applicable tariff
payable by Distribution Licensees shall be, 65% of the simple average of
tariff discovered and contracted by GUVNL through competitive bidding
process for non-Park based solar projects in the preceding six months
period, i.e., either April to September or October to March as the case may
be, from the date on which the PPA is executed. The same shall remain
fixed for the entire term of the agreement.
9.4.7 No banking charges shall be applicable.
9.4.8 In case of Projects set up for third party sale, Cross Subsidy Surcharge and
Additional Surcharge shall be applicable similar to normal open access
consumers as determined by the Commission from time to time.
9.4.9 Transmission and Wheeling charges and losses as determined by the
Commission shall be levied as applicable depending on the location of the
plant and the point of consumption.
17 | P a g e
and contracted by GUVNL through competitive bidding process for non-
park based solar projects in the preceding six months period, i.e., either
April to September or October to March as the case may be, from the
Commercial Operation Date (COD) of the project. The same shall remain
fixed for the entire term of the agreement.
9.5.4 Excess drawl by consumer from the grid, if any, after giving set off shall
be charged by Distribution Licensee at applicable tariff of respective
category of consumer as determined by the Commission from time to
time.
12) Amendment in Regulation-12 Applicability of other charges:
18 | P a g e
While in case of energy generated from solar power projects is consumed by
the consumer/prosumer with same point of injection and consumption
within the same premises without use of grid, no transmission/wheeling
charges and losses shall be applied.
12.3 CROSS SUBSIDY SURCHARGE AND ADDITIONAL SURCHARGE
12.3.1 Cross Subsidy Surcharge and Additional Surcharge shall not be applicable in
case of Captive Projects. In case of projects set up for Third Party sale, Cross
Subsidy Surcharge and Additional Surcharge shall be equal to charges for
normal open access consumers. These charges shall be applicable as
determined by the Commission from time to time.
13) Metering Arrangement
19 | P a g e
Rooftop Power Project owner may replace such part of Solar Rooftop
Power Plant. In case the Solar PV modules/inverters or other parts of the
Project are not available of earlier capacity of such part when the plant
was commissioned and made operative, in such condition, the parts
which are damaged or defective can be replaced with the parts which
will be available at relevant time of replacement of such part. The Solar
Rooftop Power Project owner shall intimate immediately to the licensee
about the replacement of Solar PV modules or any parts for information
and records of the licensee. The licensee shall verify such replacement of
Solar PV modules or other parts, within 30 days, from the receipt of such
application from the Solar Rooftop owner, failing which will be deemed
as approved by the licensee.
16.2 Addition in capacity of Solar Rooftop Plants by owner without
approval of the licensee
The addition of Solar Modules after commissioning of Solar Power Plant
by consumer/Solar Power Generator for which Agreement for
Sale/Purchase signed between the Solar Project Developer/Distribution
licensee or Consumer/Prosumer will be considered as ‘Un-authorized
Capacity Addition’. It shall attract penalty for utilization of generation
from such plant at twice the applicable tariff for such Solar
Developer/Consumer for the period of such additional capacity and
equipments of Solar Power Plant to the extent of added unauthorized
solar power plant capacity.
16.3 Installation and connectivity of Solar Rooftop Project with the
licensee network without any approval/permission
Any installation of new Solar Rooftop Project without approval of
concerned distribution licensee shall be qualified as unauthorized
connection/use and it shall attract penalty for utilization of generation
20 | P a g e
from such plant at twice of the applicable tariff for such Solar
Developer/Consumer for the period of such capacity and equipments of
Solar Power Plant to the extent of unauthorized solar power plant
capacity connected without approval of licensee and such equipments of
solar power plant shall liable to be removed.
Sd/-
[Roopwant Singh, IAS]
Secretary
Gujarat Electricity Regulatory Commission
Gandhinagar, Gujarat
Place: Gandhinagar.
Date: 31/05/2022.
21 | P a g e
In Annexure-I (ABBREVIATIONS)
The Abbreviation SPS – SOLAR POWER SYSTEM inserted between SPV – Solar
Photo Voltaic and TVM-Tri-Vector Meter
22 | P a g e
Annexure-IV
Inter connection Agreement between Distribution Licensees and Solar Rooftop PV
Project Owner
The Distribution Licensee shall consider the relevant/applicable clauses of this Model
Agreement and remove other clauses which are not applicable while executing any
agreement with consumers/prosumers.
Net Metering/Gross-Metering Inter Connection Agreement
This Agreement is made and entered into at (location)____ on this (date) _______ day of
(month)______ year _____ between the Consumer/Prosumer/Solar Power System (SPS)
developer under third party sale, by the name of --------------- having premises at
(address) _________ ______ as first party
AND
_______ (Name of the Distribution Licensee), Company registered under the Companies
Act 1956/2013 and functioning as the “Distribution Licensee” under the Electricity Act
2003 having its Head Office at, __________________________ (hereinafter referred to as __ or
Distribution Licensee which expression shall include its permitted assigns and
successors) a Party of the Second Part.
“AND, WHEREAS _________ (name of the consumer/Prosumer/SPS developer under third party
sale) desires to set-up such Solar Photovoltaic Rooftop System of ___ kW at __________________
connected with (Name of the Distribution Licensee)’s grid at _____ Voltage level for his/her/its
own use or sale to consumers under third party sale to Distribution Licensee within the same
WHEREAS, the Gujarat Energy Development Agency (GEDA)/ Gujarat Urja Vikas Nigam
Limited through letter dated _________ has registered for developing and setting up ____
kW own Rooftop Solar PV System for his/her/its own use, third party sale or sale to
23 | P a g e
licensee under Gujarat Solar Power Policy – 2021 read with Order No. 03 of 2020 dated
08.05.2020 and Orders dated 11.06.2021 & 06.07.2021 in Petition No. 1936 of 2021 at
his/her/its premises in legal possession or premises at rental basis including rooftop or
terrace.
AND WHEREAS, the Distribution Licensee agrees to provide grid connectivity to the
Consumer/Prosumer/SPS developer under third party sale for injection of the electricity
generated from his Rooftop Solar PV System of capacity ___ kilowatts (kW) into the power
system of Distribution Licensee and as per conditions of this agreement and in
compliance with the applicable Policy / Rules / Regulations/ Codes (as amended from
time to time) by the Consumer/Prosumer/SPS developer under third party sale which
includes-
24 | P a g e
1. Eligibility
1.1 Consumer/Prosumer/SPS developer under third party sale shall own the Rooftop
Solar PV System set up on its own premises or premises in his legal possession, on
lease or rental basis.
1.2 Consumer needs to consume electricity generated from the Solar Power System set
up in the same premises using same point of supply where Rooftop Solar PV System
is set up.
1.3 Consumer/Prosumer/SPS developer under third party sale shall ensure capacity of
Rooftop Solar not to exceed than the limit specified in the Regulations. If it is violated
then provisions of unauthorized use shall be applicable and
consumer/prosumer/SPS developer shall be penalized as per the provisions of
these Regulations.
1.4 Consumer/Prosumer/SPS developer under third party sale has to meet the
standards and conditions as specified in Gujarat Electricity Regulatory Commission
Regulations and Central Electricity Authority Regulations and provisions of
Government of Gujarat’s Solar Power Policy, 2021 for being integrated into
grid/distribution system.
1.5 Prosumer shall inject the electricity generated from Solar Power System into the
grid to supply/sale to the Distribution Licensee.
2. Technical and Interconnection Requirements
2.1 Consumer/Solar Project Developer under third party sale agrees that his/it Rooftop
Solar PV System and Net Metering System will conform to the standards and
requirements specified in the Policy, Regulations and Supply Code as amended from
time to time.
25 | P a g e
2.2 Prosumer agrees that his/it Rooftop Solar PV System and Gross Metering System
will conform to the standards and requirements specified in the Electricity Rules,
Policy, Supply Code and Regulations notified by the Commission as amended from
time to time.
2.3 Consumer/Solar Power System Developer under third party sale/Prosumer agrees
that he/she/it has installed or will install, prior to connection of Rooftop Solar
Photovoltaic System to Distribution Licensee’s distribution system, an isolation
device (both automatic and inbuilt within inverter and external manual relays) and
agrees for the Distribution Licensee to have access to and operation of this, if
required and for repair & maintenance of the distribution system.
2.3 Consumer/ Solar Power System Developer under third party sale/Prosumer agrees
that in case of non-availability of grid, Rooftop Solar Photovoltaic System will
disconnect/isolate automatically and his/it plant will not inject power into the
Licensee’s distribution system.
2.4 All the equipments connected to the distribution system shall be compliant with
relevant International (IEEE/IEC) or Indian Standards (BIS) and installations of
electrical equipments must comply with Central Electricity Authority (Measures of
Safety and Electricity Supply) Regulations, 2010 as amended from time to time.
2.5 Consumer/ Solar Power System Developer under third party sale/Prosumer agrees
that licensee will specify the interface/inter connection point and metering point.
2.6 Consumer/ Solar Power System Developer under third party sale/Prosumer and
licensee agree to comply with the relevant CEA Regulations in respect of operation
and maintenance of the plant, drawing and diagrams, site responsibility schedule,
harmonics, synchronization, voltage, frequency, flicker etc.
2.7 In order to fulfill Distribution Licensee’s obligation to maintain a safe and reliable
distribution system, Consumer/Prosumer/Solar Power System Developer under
26 | P a g e
third party sale agrees that if it is determined by the Distribution Licensee that
Consumer’s/ Prosumer’s/Solar Power System Developer’s Rooftop Solar
Photovoltaic System either causes damage to and/or produces adverse effects
affecting other consumers or Distribution Licensee’s assets,
Consumer/Prosumer/SPS Developer will have to disconnect Rooftop Solar
Photovoltaic System immediately from the distribution system upon direction from
the Distribution Licensee and correct the problem to the satisfaction of Distribution
Licensee at his own expense prior to reconnection.
2.8 The consumer/Prosumer/Solar Power System Developer under third party sale
shall be solely responsible for any accident to human being/animals whatsoever
(fatal/non-fatal/departmental/non-departmental) that may occur due to back
feeding from the Rooftop Solar plant when the grid supply is off if so decided by CEI.
The Distribution Licensee reserves the right to disconnect the consumer’s
installation at any time in the event of such exigencies to prevent accident or
damage to man and material.
3.1 The Consumer/Prosumer/Solar Power System Developer under third party sale
shall obtain all the necessary statutory approvals and clearances (environmental
and grid connection related) before connecting the photovoltaic system to the
distribution system.
4. Access and Disconnection
4.1 Distribution Licensee shall have access to metering equipment, SPS and
disconnecting means of the Rooftop Solar Photovoltaic Systems, both automatic and
manual, at all times.
27 | P a g e
5. Liabilities
5.1 Consumer/Prosumer/Solar Power System Developer under third party sale shall
indemnify Distribution Licensee for damages or adverse effects from his negligence
or intentional misconduct in the connection and operation of Rooftop Solar
Photovoltaic System.
5.2 Distribution Licensee shall not be liable for delivery or realization by the
Consumer/Prosumer/Solar Power System Developer under third party sale of any
fiscal or other incentive provided by the Central/State Government.
5.3 Distribution Licensee may consider the quantum of electricity generation from the
Rooftop Solar PV System set up by the project developer under third party sale or
owned and operated by (i) Residential Consumers, (ii) Projects set up under Captive
or Third Party, (iii) Projects set up under RPO or REC mechanism toward RPO
compliance.
6. Metering:
28 | P a g e
Provided that separate generation meter shall be installed in all projects
irrespective of arrangement i.e. net metering or gross metering.
7. Commercial Settlement
All commercial settlements under this agreement shall be as per GERC (Net
Metering Rooftop Solar PV Grid Interactive Systems) Regulations, 2016 amended
from time to time and Order No. 3 of 2020 dated 08.05.2020 and Suo-Motu Order
No. 06 of 2020 dated 05.08.2020 of the Gujarat Electricity Regulatory Commission
and any subsequent orders in this regard.
In case of the energy injected from Solar Power System set up by the prosumer sale
to Distribution Licensee under gross metering arrangement shall be purchased by
the Distribution Licensee at the rate mechanism decided and specified by the
Commission in its Order dated 08.08.2019 in Petition No. 1802 of 2019, pertaining
to tariff for the Solar Power Projects set-up under “Policy for Development of Small
Scale Distributed Solar Projects – 2019” as under:
“ Applicable Tariff
Tariff applicable shall be as per following mechanism:
The tariff contracted in the competitive bidding process conducted by GUVNL at
which PPAs are signed for procurement of Solar Power from projects located outside
Solar Park prevailing as on 31st March (computed based on simple average of such
tariff discovered and contracted over six months ending on 31st March) of any given
year with an addition of Rs. 0.20 per unit shall be the applicable tariff at which the
PPAs shall be signed during the immediately succeeding period of April to September
by Obligated Entities with these Solar Projects under these Regulations and similarly
the contracted tariff prevailing as on 30th September of any given year (computed
based on simple average of such tariff discovered and contracted over six months
ending on 30th September) with an addition of Rs. 0.20 per unit shall be the applicable
tariff for PPAs to be signed during the immediately succeeding period of October to
March. The Rs. 0.20 per unit addition in tariff is allowed for Rs. 0.12 per unit for
29 | P a g e
saving in transmission loss as power will be injected in distribution grid and Rs. 0.08
per unit is to compensate for expensive land cost, higher capital investment and
maintenance cost due to small size of projects.
The above mentioned tariff shall be applicable for a PPA term of 25 years from
Commercial Operation Date of the Projects.”
The commercial settlement will be as follows:
7.1 GROSS METERING ARRANGEMENT:
The gross solar energy generated and registered in the Solar generation meter
during billing cycle shall be compensated by the Distribution Licensee at the rate
determined by the Commission in its Order 08.08.2019 in Petition No. 1802 of
2019 for Solar Power Projects set up under “Policy for Development of Small Scale
Distributed Solar Projects – 2019”.
(a) At Rs.2.25 / unit for the first 5 years from commissioning of project
and thereafter for the remaining term of the project at 75% of the
simple average of tariff discovered and contracted under
competitive bidding process conducted by GUVNL for non-park
based solar projects in the preceding six months period, i.e. either
30 | P a g e
April to September or October to March as the case may be, from
the Commercial Operation Date (COD) of the project.
(b) In case of Third-Party Sale covered under Clause 9.2 -At 75% of the
simple average of tariff discovered and contracted under
competitive bidding process conducted by GUVNL for Non-park
based solar projects in the preceding six months period, i.e., either
April to September or October to March as the case may be, from
the Commercial Operation Date (COD) of the project. The same
shall remain fixed for the entire term of agreement.
Such rates shall be declared by GUVNL on six monthly basis and shall
be applicable under the connectivity agreement to be executed by
Distribution Licensees.
31 | P a g e
(iv) The surplus energy, not consumed by the consumer during the above
mentioned after set off period shall be compensated by Distribution
Licensees at following rates (SIC).
(a). In case of MSME Manufacturing Enterprises - At Rs 2.25 / unit for first
5 years from commissioning of project and thereafter for the
remaining term of the project at 75% of the simple average of tariff
discovered and contracted under competitive bidding process
conducted by GUVNL for non-park based solar projects in the
preceding six months period, i.e., either April to September or October
to March as the case may be, from the Commercial Operation Date
(COD) of the project. The same shall remain fixed for the entire term of
the agreement.
(b). In case of other than MSME Manufacturing Enterprises-At 75% of the
simple average of tariff discovered and contracted through
competitive bidding process conducted by GUVNL for Non-park based
solar projects in the preceding six months period, i.e., either April to
September or October to March as the case may be, from the
Commercial Operation Date (COD) of the project. The same shall
remain fixed for the entire term of the agreement.
(v) Excess drawl by consumer from the grid, if any, after giving set off shall be
charged by the Distribution Licensee at the applicable tariff of the respective
category of consumer as determined by the Commission from time to time.
(vi) In case of projects set up for captive use, no cross-subsidy surcharge and
additional surcharge shall be applicable.
(vii) Banking charges of Rs.1.50/ unit shall be applicable on solar energy
consumed in case of Demand based Consumers shall be applicable. In case
of MSME units and other than Demand based Consumers, Banking Charges
32 | P a g e
of Rs.1.10 per unit on Solar Energy consumed shall be applicable. Banking
Charges shall not be applicable to government buildings.
(iii) The surplus energy injected into the Grid during the above mentioned set-
off period shall be compensated by Distribution Licensees at 75% of the
simple average of tariff discovered and contracted by GUVNL through
competitive bidding process for non-park based solar projects in the
preceding six months period, i.e., either April to September or October to
March as the case may be, from the Commercial Operation Date (COD) of the
project. The same shall remain fixed for the entire term of the agreement.
33 | P a g e
(iv) Excess drawl of electricity by consumer from the grid, if any, after giving set
off shall be charged by Distribution Licensee at applicable tariff of
respective category of consumer as determined by the Commission from
time to time.
(v) No Cross Subsidy Surcharge and Additional Surcharge shall be applicable in
case of captive consumption. But, in case of third party sale projects, both
these charges shall be applicable. These surcharges shall be similar to
normal open access consumers as determined by the Commission from time
to time.
(vi) Banking charges of Rs 1.50 / unit shall be applicable on solar energy
consumed in case of Demand based Consumers shall be applicable. In case
of MSME units and other than Demand based Consumers, Banking Charge
of Rs.1.10 per unit on Solar Energy Consumed shall be applicable. Banking
Charges shall not be applicable to government buildings.
7.5 For the projects set up under REC mechanism:
(i) Developers may set up solar power projects under the REC mechanism in
accordance with the administrative procedure regarding registration and
accreditation, as decided by the Central Electricity Regulatory Commission
(CERC), and as amended from time to time.
(ii) In case of projects to be set up for captive/third party sale under REC
mechanism, installation of solar projects up to sanctioned load/contract
demand shall be allowed subject to the provision of Regulation 6.2 and
other provisions of these Regulations.
(iii) The energy accounting for the projects set up under REC mechanism shall
be carried out on 15-minute time block basis.
(iv) In case of projects set up for captive/third party sale under REC mechanism,
surplus energy after giving set-off on 15 min time block basis, shall be
34 | P a g e
compensated by Distribution Licensees at 65% of the simple average of
tariff discovered and contracted by GUVNL through competitive bidding
process for non-park based solar projects in the preceding six months
period, i.e., either April to September or October to March as the case may
be, from the Commercial Operation Date (COD) of the project. The same
shall remain fixed for the entire term of the agreement.
(v) Excess drawl by consumer from the grid, if any, after giving set off shall be
charged by Distribution Licensee at applicable tariff of respective category
of consumer as determined by the Commission from time to time.
(vi) In case Distribution Licensee agrees to purchase the electricity component
of power from a project under REC mechanism, the applicable tariff payable
by Distribution Licensees shall be, 65% of the simple average of tariff
discovered and contracted by GUVNL through competitive bidding process
for non-Park based solar projects in the preceding six months period, i.e.,
either April to September or October to March as the case may be, from the
date on which the PPA is executed. The same shall remain fixed for the
entire term of the agreement.
(vii) No banking charges shall be applicable.
(viii) In case of Projects set up for third party sale, Cross Subsidy Surcharge and
Additional Surcharge shall be applicable similar to normal open access
consumers as determined by the Commission from time to time.
35 | P a g e
(ii) The surplus solar energy purchased by Distribution Company from
captive/third party solar projects shall be considered for fulfilling RPO of
such Distribution Licensee.
(iii) The surplus energy injected into the Grid shall be compensated by
Distribution licensee at 75% of the simple average of tariff discovered and
contracted by GUVNL through competitive bidding process for non-park
based solar projects in the preceding six months period, i.e., either April to
September or October to March as the case may be, from the Commercial
Operation Date (COD) of the project. The same shall remain fixed for the
entire term of the agreement.
(iv) Excess drawl by consumer from the grid, if any, after giving set off shall be
charged by Distribution Licensee at applicable tariff of respective category
of consumer as determined by the Commission from time to time.
(v) Cross Subsidy Surcharge and Additional Surcharge shall not be applicable
in case of captive consumption. For third party sale projects, both the
charges shall be applicable. These surcharges shall be similar to normal
open access consumers as determined by the Commission from time to time
(vi) No banking charges shall be applicable.
8. Connection Costs
8.1 The Consumer/ Prosumer/Solar Power System Developer under third party sale
shall bear all costs related to setting up of Rooftop Solar Photovoltaic System
including metering and inter-connection. The Consumer/Prosumer/Solar Power
System Developer under third party sale agrees to pay the actual cost of
modifications and upgrades to the service line, cost of up gradation of transformer
to connect photovoltaic system to the grid in case it is required.
36 | P a g e
9. Inspection, Test, Calibration and Maintenance prior to connection:
Before connecting, Consumer/ Prosumer/Solar Power System Developer under
third party sale shall complete all inspections and tests finalized in consultation with
the (Name of the Distribution license) and if required Gujarat Energy Transmission
Corporation Limited (GETCO) to which his equipment is connected. Consumer/
Prosumer/Solar Power System Developer under third party sale shall make available
to Distribution Licensee all drawings, specifications and test records of the project or
generating station as the case may be.
10. Records:
Each Party shall keep complete and accurate records and all other data required by
each of them for the purposes of proper administration of this Agreement and the
operation of the Rooftop Solar PV System.
37 | P a g e
12. Termination:
12.1 The Consumer/Prosumer/Solar Power System Developer under third party sale can
terminate agreement at any time by giving 90 days prior notice to Distribution
Licensee.
12.2 Distribution Licensee shall have right to terminate Agreement with 30 days prior
written notice, if Consumer/Prosumer/Solar Power System Developer under third
party sale commits breach of any of the terms of this Agreement and does not
remedy the breach.
12.3 Consumer/Prosumer/Solar Power System Developer under third party sale shall
upon termination of this Agreement, disconnect the Rooftop Solar Photovoltaic
System from Distribution Licensee’s distribution system within one week to the
satisfaction of Distribution Licensee.
Communication:
The names of the officials and their addresses, for the purpose of any
communication in relation to the matters covered under this Agreement shall be as
under:
38 | P a g e
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their authorised officers, and copies delivered to each Party, as of the day and year
herein above stated.
FOR AND ON BEHALF OF FOR AND ON BEHALF OF THE
Distribution Licensee PROJECT OWNER
________________ ______________
Authorized Signatory Authorized Signatory
WITNESSES WITNESSES
1. _____________ 1.____________
( ) ( )
2.______________ 2.____________
( ) ( )
39 | P a g e