M/S Solitaire Btn Solar Private … vs Tamil Nadu Electricity … on 5 July, 2021
In the letters dated 13.05.2019 and 24.05.2019 also, it has been stated as considering the load growth, upcoming solar plants, transferring of solar plants connected at Eluvanampatty 110 KV SS to Ganguvarpatty SS, the establishment of 230 KV Ganguvarpatty SS is essential. Hence, Ganguvarpatty 230 KV S/S is only an improvement proposal and not specifically for M/s. Solitaire BTN Solar Pvt Ltd.
121. In the letter dated 10.06.2019, Lr. No. SE/O/MDU/EA/AE/F.Solitaire Dkt/D.No.882/19 from the Superintending Engineer, TANTRANSCO to M/s. Solitare BTN Pvt. Ltd., it was clearly mentioned that on analyzing the feeder loads and future load growth for the upcoming solar projects for establishment of 230/110 KV SS at Ganguvarpatty village, Theni district at the nearby Appeal No. 67 of 2021 Page 47 premises of solar promoter is the only permanent solution. It also mentions that an inspection was carried out by the GCC wing and Operation Wing and it was reported by the GCC wing that the private land identified in SF.No.:2619/1B & 2 in Ganguvarpatty-I village in Periyakulam taluk of Theni district is found suitable for the establishment of 230 KV substation. It further mentioned that necessary arrangements may be made for procurement of the private land identified for a minimum of 10 acres land in SF.No.:2619/1B & 2 in Ganguvarpatty-I Bit village in Periyakulam taluk of Theni district for establishment of a 230/110 KV substation so as to evacuate the quantum of 100MW of power through TANTRANSCO Grid.
122. In letter dated 19.08.2019 Lr.No.EE/ Operation/ 230KV SS Theni/ F.Solar/ D. No. 19, which is an internal correspondence between the Officials of TANTRANSCO, the system/flow details when the 100MW solar power of M/s Solitaire BTN Pvt Ltd is connected with Batlagundu SS at 110KV level has been analysed in detail. Further, EE/O/Theni has stated that due to transfer of certain WEG loads to 400KV Thappagundu S/S, overloading of Theni SS due to additional flow of generation from solar power of M/s Solitaire BTN Solar Pvt Ltd does not arise. Further EE/Operation/Theni has remarked that during the period from Jan to May the solar power generator will help to meet the power crisis expected.
142. It is the case of the Respondents that they were always ready to evacuate the solar power with the existing infrastructure and more Appeal No. 67 of 2021 Page 56 importantly the Respondents on 08.02.2021 have also synchronised the balance 50 MW to TANTRANSCO grid through Batlagundu 110 kV SS only. It is further submitted that the Appellant Company did not diligently work on the solar power generation and the Appellant Company failed to commission 100 MW of Solar Power before the Schedule Commissioning Operational Date i.e., 27.09.2019, therefore, the Force majeure clause cannot be invoked by the Appellant Company post SCOD in the present matter. At the first instance, the Appellant Company failed in sourcing the raw material before SCOD i.e., 27.09.2019 and this is evident from the pleadings of Appellant before this Tribunal that the outbreak of Covid-19 in China and India impacted the supply chain of materials at the of materials, which undisputedly commenced post 27.09.2019 (SCOD). Moreover, the imprudent approach of the Appellant towards completing the project before the due date is also evident from the field report received from SE/NCES/Udumalpet stating that the Appellant failed to initiate any erection activities in respect of the balance proposed 50 MW solar power plant before SCOD. Further, the Appellant Company has considerably failed to achieve Financial Closure within 180 days of signing of the PPA as necessitated by the Letter of Intent dated 29.08.2017 and has approached M/s. Rural Electrification Corporation of India only after 2 years from the date of signing of the PPA.
182. Per contra Respondent TANGEDCO has submitted that it had promised full support on all instances and the same had been communicated to Appellant through letters dated 31.05.2019, 05.09.2019 and 27.09.2019.
183. Respondent TANTRANSCO has submitted that in letter dated 19.08.2019 Lr.No.EE/ Operation/ 230KV SS Theni/ F.Solar/ D. No. 19, which is an internal correspondence between the Officials of Appeal No. 67 of 2021 Page 86 TANTRANSCO, the system/flow details when the 100 MW solar power of M/s Solitaire BTN Pvt Ltd is connected with Batlagundu SS at 110KV level has been analysed in detail. Further, EE/O/Theni has stated that due to transfer of certain WEG loads to 400KV Thappagundu S/S, overloading of Theni SS due to additional flow of generation from solar power of M/s Solitaire BTN Solar Pvt Ltd does not arise. Further EE/Operation/Theni has remarked that during the period from Jan to May the solar power generator will help to meet the power crisis expected.
Source : indiankanoon
