India’s wind energy sector has been stuttering, even as solar has managed to escape the worst of the slowdown blues. So much so that multiple developers that were invested in growing both Wind and Solar energy projects, have quietly moved away almost exclusively to solar now, other than the odd Hybrid project that comes up.
An indicator of this trend is a recent case that came up at CERC (Central Electricity Regulatory Commission), where ReNew Wind Energy (TN) Private Limited (Renew) has pitched to prevent the encashment of its bank guarantees by SECI (Solar Energy Corporation of India), for a wind power project that is still stuck in Tamil Nadu. The project, probably part of the Tranche III auctions held in 2018, has been stuck due to multiple force majeure events, according to Renew Power’s contention. According to the petition, these have ranged from (i) delay in allocation of revenue land for the Project, (ii) delay in commissioning of transmission system, (iii) delay in adoption of tariff on the part of SECI, and (iv) outbreak of Covid-19, have delayed the Petitioner’s Project for more than 20 months and the said delays are continuing till date. Accordingly, on 26.7.2020, Renew has terminated the PPA on account of these ‘force majeure’ events.
SECI has predictably denied the invocation of force majeure, and stuck to its line that the bank guarantee should be encashed as the project has missed the SCOD) Scheduled Comissioning Date) as per the PPA. In fact, it has relied on an SC judgement to claim that “With regard to invocation of Bank Guarantee, it is a well settled position of law that courts should not interfere with enforcement of bank guarantee except in cases where fraud or special equity is prima facie made out to prevent irretrievable injustice to the parties”. Renew has disputed the application of the SC judgement in this case.