Gujarat BESS Private Limited has approached the Gujarat Electricity Regulatory Commission (GERC) seeking an extension of the Scheduled Commercial Operation Date (SCOD) and a waiver of liquidated damages for its 180 MW/360 MWh standalone Battery Energy Storage System (BESS) project in Gujarat.
The project is being developed at the 400/220 kV Charal (Sanand) GIS Substation of Gujarat Energy Transmission Corporation Limited (GETCO) under an Energy Storage Purchase Agreement signed with Gujarat Urja Vikas Nigam Limited (GUVNL) on June 26, 2024.
During the hearing, the petitioner, represented by advocate Mr. Venkatesh and his legal team, argued that the delay in commissioning was caused by several force majeure events and factors attributable to GUVNL and GETCO. The developer maintained that these circumstances were beyond its control and therefore the imposition of liquidated damages was not justified.
A key issue raised by the petitioner was the delay in securing project land. Under the Request for Selection framework, the Right of Use (RoU) Agreement was required to be executed within 60 days of signing the contract. However, the agreement was executed only on October 21, 2024, resulting in a delay of 117 days. The developer further stated that execution-ready possession of the land was handed over only on November 25, 2024, taking the cumulative delay to 152 days.
GUVNL subsequently granted a 57-day extension and revised the SCOD to February 21, 2026. However, it did not accept the developer’s request for relief covering the entire 152-day delay.
The petitioner also cited several other events that affected construction and commissioning. These included delays by GETCO in completing the 220 kV cable trench and in approving the Control, Relay and Protection scheme and Substation Automation System. Delays in SCADA integration and delivery instructions were also highlighted.
The developer further pointed to supply chain disruptions involving approved vendors of 33 kV equipment, a state-wide gravel transportation strike that affected civil works, and labour shortages following the Pahalgam terror attack and Operation Sindoor.
Gujarat BESS Private Limited issued a formal Force Majeure Notice in February 2026. However, GUVNL rejected the request in March 2026. In May 2026, GUVNL issued a demand notice seeking liquidated damages and warned that it could encash the project’s Performance Bank Guarantee.
The developer has therefore sought regulatory intervention and interim relief from GERC under the Electricity Act, 2003.
The matter was heard in hybrid mode on July 23, 2026. GUVNL’s counsel, Ms. Harsha Rao, requested two weeks to submit the utility’s response. The Commission noted that neither GUVNL nor GETCO had filed their responses at that stage.
GERC Chairman and Members granted the adjournment and directed GUVNL and GETCO to submit their written responses by August 6, 2026. Gujarat BESS Private Limited has been allowed to file its rejoinder by August 13, 2026. The next hearing date will be announced separately.
Subscribe to get the latest posts sent to your email.
