Change in Law: Only deciding the principle and not quantifying the incremental tariff is erroneous

The APTEL was hearing an Appeal against an order passed by the Karnataka Electricity Regulatory Commission (‘KERC’), wherein while adjudication of an issue of Change in Law, the KERC had held decided that the claims of the generator amounted to a Change in Law. The KERC however directed the parties to verify the amount payable to the Appellant as a consequence of Change in Law.

The APTEL has held that the KERC has abdicated its responsibility by expecting the parties to decide the incremental tariff. KERC, in exercise of its adjudicatory functions has to also arrive at a determination of the incremental tariff payable as a consequence of the change in law. It has been held that the proceedings pertaining to Change in Law claim before the State Electricity Regulatory Commission is considered as completed only when the incremental tariff or compensation is determined.

Read the judgment at M/s Fortum Solar India Private Limited v. Karnataka Electricity Regulatory Commission & Anr. (Appeal No. 104 of 2021 along with Appeal No. 105 of 2021, Appeal No. 108 of 2021, Appeal No. 111 of 2021 and Appeal No. 112 of 2021)