Offshore Wind Worldwide 2022 edition - Flipbook - Page 107
Offshore Wind Worldwide 2022
II. Public law and Regulatory Permits
A. Regulatory Framework
The electricity sector in India in general falls
within the regulatory ambit of the Electricity
Act and the rules and regulations notified
thereunder. While the Ministry of Power,
Government of India (MOP) is generally
responsible for the development of the
electricity sector in India16, matters relating
to new and renewable sources of energy are
guided by the MNRE which is the Indian
Government’s nodal ministry dedicated to
the development of renewable energy in
India, including offshore wind.17 The
Government of India, through MNRE,
frames policies and schemes for promoting
electricity generation through renewable
energy sources which include wind, solar,
biomass, bagasse cogeneration and urban
and industrial waste, among others.
An overview of other key sector regulators
for electricity in India is set out below:
1. C
entral Electricity Authority (CEA) is an
authority established pursuant to the
Electricity Act. The Electricity Act
identifies the role and responsibilities of
CEA as covering policy advice to the Indian
Government with respect to the electricity
sector, preparation of plans for
development of the electricity system and
coordination with planning agencies to
optimize resource utilization with a view
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on providing reliable and affordable power
to consumers, identification of standards
for construction of plants and
transmission lines and connectivity to the
grid, safety requirements and grid
standards as well as setting out the
conditions for metering.18 The CEA is also
tasked with supporting the MOP for
implementation of schemes and initiatives
for enhancing the electricity system.
2. E
lectricity Regulatory Commissions have
been established to regulate tariff,
transmission of electricity and to grant
licenses in relation to transmission. These
commissions are also responsible for
advising the Indian Government in terms
of electricity and tariff policy formulation.
The Central Electricity Regulatory
Commission (CERC) is established at a
federal level and governs the inter-state
supply and transmission of power while at
each state; there are SERCs whose roles
are limited to the above functions with
respect to supply and transmission of
power within the relevant state. Decisions
of the Electricity Regulatory Commissions
may be appealed before the Appellate
Authority for Electricity (APTEL) which,
in addition to such appellate authority, is
also vested with powers of original
jurisdiction to consider petitions and to
issue directions to the relevant Electricity
Regulatory Commissions.19
16 Ministry of Power, Government of India, ‘Responsibilities’ < https://powermin.gov.in/en/content/responsibilities#:~:text=The%20
Ministry%20of%20Power%20is,energy%20policy%20and%20coordination%20thereof> accessed on 1 February 2022.
17 Ministry of New and Renewable Energy, Government of India, The Ministry’ < https://mnre.gov.in/the-ministry/what-does-the-ministrydo/#:~:text=In%201982%2C%20a%20new%20department,of%20New%20and%20Renewable%20Energy.> accessed on 1 February 2022.
18 Section 73, Electricity Act.
19 Ministry of Power, Government of India, ‘Statutory Bodies’,
accessed on 1 February 2022.