GERC Hears Plea For SCOD Extension On 70 MW Hybrid Project Citing Delays And Force Majeure In Gujarat

Representational image. Credit: Canva

Shivman Wind Energy Pvt. Ltd. filed Petition No. 2458 of 2025 before the Gujarat Electricity Regulatory Commission (GERC), seeking an extension of the Scheduled Commercial Operation Date (SCOD) for its 70 MW hybrid power project located in Dwarka, Gujarat. The petition, filed under Section 86 of the Electricity Act, 2003, and about Order No. 01 of 2024 on the tariff framework for procurement of power from wind-solar hybrid projects, cited multiple force majeure events beyond the company’s control.

The petitioner argued that delays in completing the power evacuation infrastructure were caused by several unforeseen circumstances. These included delays by Gujarat Energy Development Agency (GEDA) in approving Wind Turbine Generator (WTG) locations and project registration, severe Right of Way (ROW) issues with local villagers resisting the installation of transmission lines, and delays by Gujarat Energy Transmission Corporation (GETCO) in granting permissions for Control Relay Panels (CRP) and conducting the kick-off meeting.

Shivman was granted Stage-I and Stage-II connectivity by GETCO on August 31, 2023, with an 18-month SCOD timeline under the 2018 Gujarat Wind-Solar Hybrid Policy. The company signed the connectivity agreement with GETCO on October 30, 2023. However, the 2018 policy did not include provisions for force majeure relief, and GETCO’s current system was not compatible with newer CRP panel technologies, further complicating implementation.

The petitioner highlighted that although GETCO granted provisional connectivity, the finalization of WTG locations by GEDA was delayed until December 2023. Additionally, delays in land registration and verification hindered project execution. The petitioner submitted proof of farmer protests and official communications to substantiate the ROW issues.

In regard to CRP panels, GETCO’s substation required an outdated system, no longer manufactured, creating further delays. The petitioner proposed installing older panels temporarily at its own cost and later upgrading them when GETCO updated its system. GETCO agreed, but the delay was cited as another force majeure factor.

Delays also occurred in the scheduling of the kick-off meeting, which is a critical milestone for project construction planning. Although Shivman made multiple requests, the meeting was only held on October 23, 2024, after a delay of 77 days from the initial field inspection.

GETCO responded by stating that many issues raised by the petitioner, such as registration and location approvals, fell under GEDA’s responsibility. They also argued that the petitioner delayed project registration and that ROW issues were not initially supported with evidence. However, the petitioner submitted proof during the rejoinder stage.

Both parties concluded their arguments, and GERC has allowed them to file written submissions within ten days. The Commission has reserved the matter for order. Shivman has requested the SCOD be extended from March 2, 2025, to July 31, 2025, without financial penalties, arguing that significant investment has already been made and that the delays were beyond its control.

 

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