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India's Green Energy Open Access Framework: Regulations, Benefits, and Impacts on Captive Power Users

Writer's picture: RE Society of India RESIRE Society of India RESI

Updated: 6 days ago

India’s renewable energy landscape is evolving rapidly, with an expanding regulatory framework that supports captive generation and green energy open access. These regulations aim to foster self-generation, promote renewable energy usage, and reduce reliance on the grid for Commercial & Industrial (C&I) consumers. As India progresses toward its renewable energy targets and sustainability goals, various national and state-level regulations are paving the way for greater adoption of renewable energy sources such as solar, wind, and hybrid systems.

National Regulations on Green Energy Open Access

India’s national regulations, formulated by the Ministry of Power (MoP), Ministry of New and Renewable Energy (MNRE), and the Central Electricity Regulatory Commission (CERC), provide a comprehensive legal structure for enabling renewable energy adoption. Key regulations and their commencement dates are summarized below:

Regulation

Date of Commencement

Key Highlights

Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022

June 6, 2022

- Open access eligibility reduced from 1 MW to 100 kW- No capacity limit for captive consumers- Focus on enabling renewable energy access for small and medium industries

Electricity (Third Amendment) Rules, 2023

September 5, 2023

- Clarified criteria for captive generation plants- Central Electricity Authority (CEA) to verify captive status for multi-state operations

Electricity (Amendment) Rules, 2024

January 15, 2024

- Exemption for specified consumers from transmission license requirements- Rationalization of open access charges

These national-level rules are designed to simplify access to renewable energy for both captive power producers (CPPs) and independent power producers (IPPs), facilitating the transition toward a greener energy grid and reducing financial barriers to entry for smaller power users.

State Regulations on Green Energy Open Access

At the state level, various State Electricity Regulatory Commissions (SERCs) have developed their own regulations, aligning with national goals while addressing local energy needs. Several states have proactively amended their regulations to encourage the development of renewable energy and facilitate green energy open access.

State

Regulation

Date of Commencement

Key Highlights

Andhra Pradesh

APERC Open Access Regulations, 2024

May 7, 2024

- Eligibility reduced to 100 kW- Defined charges for renewable energy wheeling, transmission, and banking

Chhattisgarh

CSERC Green Energy Open Access Rules, 2023

September 1, 2023

- Threshold for open access reduced to 100 kW- Emphasis on green energy scheduling

Gujarat

GERC Open Access Regulations, 2023

March 15, 2023

- Special tariff rates for renewable energy- Banking for solar and wind energy allowed

Karnataka

KERC Open Access Regulations, 2022

July 10, 2022

- Reduced cross-subsidy surcharge for renewable open access- Incentives for solar rooftop installations

Maharashtra

MERC Open Access for Renewable Energy, 2024

January 20, 2024

- Exemptions for renewable energy wheeling and transmission charges- Group captive models facilitated

Tamil Nadu

TNERC Open Access Regulations, 2023

August 5, 2023

- Exemptions for open access charges on solar and wind energy- Banking for 12 months allowed with peak/off-peak adjustments

Rajasthan


RERC Open Access Rules, 2024

February 10, 2024

- Support for hybrid renewable systems (solar-wind-storage)- Streamlined approvals for captive projects

State regulations further enhance the national framework by addressing regional challenges and leveraging the local renewable energy potential, such as solar, wind, and hybrid systems.

S.  No.

Regulation

Source

Notification Date

1

    Haryana Electricity Regulatory Commission (Green Energy Open Access) Regulations, 2023  

HERC

April 24, 2023

2

    Andhra Pradesh Electricity Regulatory Commission (Green Energy Open Access, Charges, and Banking) Regulation, 2023  

APERC

May 2, 2024

3

    Telangana State Electricity Regulatory Commission (Terms and Conditions of Open Access), Regulation, 2024  

TSERC

March 15, 2024

4

    Sikkim State Electricity Regulatory Commission (Terms and Conditions for Green Energy Open Access) Regulations, 2023  

SSERC

May 11, 2023

5

    Arunachal Pradesh State Electricity Regulatory Commission Regulations, 2024  

APSERC

February 5, 2024

6

    Meghalaya State Electricity Regulatory Commission (Terms and Conditions of Green Energy Open Access) Regulations, 2023  

MSERC

May 9, 2024

7

    Jharkhand State Electricity Regulatory Commission (Terms and Conditions for Green Energy Open Access) Regulations, 2024  

JSERC

May 9, 2024

8

    Joint Electricity Regulatory Commission for Manipur & Mizoram(1st Amd)Regulations, 2022  

JERC

October 26, 2022

9

    Joint Electricity Regulatory Commission for the States of Manipur & Mizoram Regulations, 2010  

JERC

May 5, 2010

10

    Punjab State Electricity Regulatory Commission (Terms and Conditions for intra-State Open Access) (10th Amendment) Regulations, 2023  

PSERC

June 2, 2023

11

    Uttarakhand Electricity Regulatory Commission (Green Energy Open Access) Regulations, 2023  

UERC

October 18, 2023

12

    Madhya Pradesh Electricity Regulatory Commission Regulations 2023.  

MPERC

March 9, 2023

 

    First Amendment to MERC (Methodology for determination of Open Access Charges and Banking Charges for Green Energy Open Access consumers) Regulations 2023.  

MPERC

July 26, 2023

13

    Gujarat Electricity Regulatory Commission (Terms and Conditions for Green Open Access) Regulations, 2023  

GERC

February 21, 2024

14

    Maharashtra Electricity Regulatory Commission (Distribution Open Access) (Second Amendment) Regulations, 2023  

MERC

November 10, 2023

15

    Chhattisgarh State Electricity Regulatory Commission (2nd Amd) Regulations, 2023  

CSERC

October 6, 2023

16

    Odisha Electricity Regulatory Commission (Promotion of Renewable Energy through Green Energy Open Access) Regulations 2023  

OERC

December 27, 2023

17

    TERC (Methodology for determination of Green Energy Open Access Charge) Regulations, 2023  

TERC

March 15, 2023

18

    Karnataka Electricity Regulatory Commission (Terms and Conditions for Green Energy Open Access) Regulations, 2022  

KERC

March 10, 2023

19

    West Bengal Green Energy Open Access Regulation 2022  

WBERC

April 10, 2023

Major Benefits for Captive Users in India

The Green Energy Open Access framework offers substantial advantages to Commercial & Industrial (C&I) users looking to integrate renewable energy into their operations. These benefits include cost savings, enhanced energy security, and alignment with sustainability goals.

1. Reduction in Energy Costs

  • Lower Tariffs: Renewable energy tariffs, particularly for solar, have declined significantly, making it an increasingly cost-effective option compared to traditional grid power. In some cases, solar energy is cheaper than power from thermal plants due to reduced operational costs.

  • Avoidance of Cross-Subsidy Charges: Captive users generating their own renewable energy can avoid or reduce cross-subsidy surcharges, a significant financial burden on grid power users.

  • Long-Term Price Stability: Long-term power purchase agreements (PPAs) with fixed tariffs can provide price stability, insulating users from future power price volatility.

2. Self-Reliance and Reduced Grid Dependency

  • Energy Security: Captive renewable energy systems enable users to generate their own power, reducing dependence on the grid, particularly during peak hours or periods of power shortages.

  • Backup Supply: Solar energy systems can be integrated with battery storage solutions to ensure uninterrupted power supply even during non-sunlight hours, enhancing grid resilience.

3. Environmental and CSR Benefits

  • Carbon Footprint Reduction: By adopting renewable energy sources, industries can significantly lower their carbon emissions, supporting India's decarbonization objectives and meeting corporate social responsibility (CSR) commitments.

  • Green Certifications: Renewable energy adoption can contribute to obtaining environmental certifications, enhancing the market reputation of C&I users.

4. Renewable Energy Certificates (RECs)

  • Tradable Certificates: Captive renewable energy users can earn RECs, which can be traded or used to meet Renewable Purchase Obligations (RPOs), helping to further reduce regulatory costs and align with national renewable energy targets.

5. Reduced Transmission & Distribution (T&D) Losses

  • Direct Generation: By generating power on-site, captive users eliminate the need for extensive transmission infrastructure, thereby avoiding transmission and distribution losses typically associated with long-distance power delivery.

6. Government Incentives and Subsidies

  • Financial Support: Both central and state governments offer various financial incentives, including capital subsidies, tax rebates, and accelerated depreciation benefits for renewable energy installations, further enhancing the financial viability of renewable energy projects.


To access green energy through open access, captive users need to comply with specific guidelines and regulations. These include:

  • Eligibility for Open Access: Most states require a minimum demand of 1 MW or more for CPPs to access open access, though recent amendments in regulations have lowered the threshold to 100 kW in certain states.

  • Wheeling and Banking Charges: States have defined specific charges for wheeling and banking renewable power, which allows users to store excess energy generated during low-demand periods and retrieve it when needed.

  • Net Metering and Virtual Net Metering: Net metering allows C&I users to sell excess solar power to the grid, while virtual net metering, available in certain states, allows the sharing of solar power generated at one site with multiple locations.


Conclusion

The evolving Green Energy Open Access regulations in India provide a robust framework for the adoption of renewable energy by C&I consumers. With clear incentives, reduced regulatory barriers, and a growing focus on sustainability, these regulations support the transition toward a greener energy future. As India continues to make strides in its renewable energy goals, the regulatory environment will likely evolve to further simplify the process for C&I users to access and benefit from renewable energy, aligning with national objectives to reduce emissions, enhance energy security, and boost economic growth through green investments.

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