APTEL Provides Interim Relief to Developers in the Scrapped GUVNL 700 MW Solar Auction

The Appellate Tribunal for Electricity (APTEL) has directed the Gujarat Urja Vikas Nigam Limited (GUVNL) to extend the validity of bids placed by developers in its scrapped 700 MW solar auction by two weeks.

It also directed the state distribution company (DISCOM) not to allocate the capacities awarded to the developers to third parties if it decided to float the 700 MW tender again.

SJVN Limited, Tata Power, TEQ Green Power (a subsidiary of O2 Power), and Vena Energy Renewables had filed petitions with APTEL seeking relief following GUVNL’s decision to reissue its 700 MW solar tender. The developers had given GUVNL the option to keep bids valid for one week until APTEL decided.

Commenting on the order, attorney Aditya K Singh of Link Legal India Law Services said, “APTEL has taken the right step by giving interim relief to developers. Ideal relief should have been a complete stay on the tender.

However, APTEL must have found it difficult because of the findings of APTEL in the order pronounced in Appeal Number 22 of 2016 (SunEdison Solar vs. DERC & Others). In the SunEdison case

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