Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 132
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(e) The Forum of Regulators has been established by a notification issued under
the Electricity Act 28 and is comprised of
the chairpersons of the CERC and the
SERCs, with the primary role of analyzing
the tariff and other orders issued by the
CERC and the SERCs to compile data and
highlight efficiency improvements by
utilities, harmonizing regulation of the
power sector in India and ensuring information sharing and research to promote
the efficiency, economy and competition in the Indian power sphere.
(f) Distribution licensees under the Electricity Act are required to establish a grievance redressal forum to address issues
faced by consumers and non-redressal
issues are to be addressed by a statutory
ombudsman who is designated by the
relevant SERC.
In addition to the above, the NIWE has been
established by the MNRE as a research and
development agency focusing on the wind
energy sector in India. 29 The Offshore Wind
Policy designates the NIWE as the nodal
agency for the development of offshore
wind energy in India which would seek
proposals for the development of offshore
projects through the ICB route, enter into
contracts with project developers, collect
lease with respect to offshore blocks allocated to developers, undertaking and coordinating research, assessment and surveys in
the EEZ and demarcating offshore blocks.
India
Further, other regulators relevant from
the perspective of offshore wind power
development include the Ministry of Environment, Forests and Climate Change
("MOEFCC") – which administers laws in
relation to the environment and its protection and the Ministry of Home Affairs and
the Ministry of Defence – both relevant from
the perspective of security clearances.
In terms of the regulatory framework, as
indicated above, the principal statute governing electricity in India is the Electricity Act.
The generation of electricity, including from
renewable sources, is a de-licensed activity. The Electricity Act provides a statutory
framework for promotion of generation
of electricity from renewable sources. The
SERCs across various states in India have imposed obligations on distribution licensees
within the relevant state to ensure that a
certain percentage of power has to be mandatorily sourced from renewable sources.
Additionally, several states with potential for
development of wind energy have emerged
with state-level policies to promote the
development of renewable energy (including wind energy) which offers various
exemptions and incentives to boost the
development of renewable power. In terms
of tariff regulation, as indicated in our response above, given that the Offshore Wind
Policy envisages the award of offshore wind
projects through the ICB mechanism, tariffs
determined through such a transparent ICB
process would be adopted by the Electricity
28 Notification dated 16th February 2005 issued pursuant to Section 166(2) of the Electricity Act.
29 National Institute of Wind Energy, Ministry of New and Renewable Energy, Government of India, ‘About NIWE’ < https://niwe.res.in/about.php>
accessed on 21 April 2023.
