Juniper Green Three Appeals to GERC Over Alleged Unilateral Deductions by GUVNL
The dispute primarily revolves around the interpretation of clauses related to CUF in the PPA.
April 08, 2024. By Abha Rustagi
The petition, filed under Section 86(1)(f) of the Electricity Act, 2003, and based on the Power Purchase Agreement (PPA) dated July 8, 2020, and supplementary PPA dated April 25, 2022, revolves around the deduction made by GUVNL without providing proper justification.
According to the petitioner, Juniper Green Three Pvt. Ltd., a power producer company with a 190 MW capacity Solar Photovoltaic Grid Interactive power station, raised concerns over deductions made by GUVNL from invoices dated March and April 2022. The deductions, amounting to INR 31,23,372, were allegedly made on account of a shortfall in generation based on the Capacity Utilization Factor (CUF).
Juniper Green Three Pvt. Ltd. argues that the deductions were untenable and violated the provisions of the PPA. The petitioner contends that GUVNL failed to provide proper notice of the disputed amount as required by the agreement.
On the other hand, GUVNL argues that the deductions were made in accordance with the terms of the PPA. They assert that Juniper Green Three Pvt. Ltd. failed to achieve the contracted CUF, thus justifying the deductions.
The dispute primarily revolves around the interpretation of clauses related to CUF in the PPA. While the petitioner argues that CUF should be calculated annually, GUVNL contends that the shortfall in generation is calculated on a contract year basis.
Both parties have requested two weeks' time to file their written submissions, and the matter has been reserved for further orders by the commission.
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