GERC Grants 63-Day SCOD Extension to Juniper Green Kite’s 70 MW Wind Project Following Force Majeure Ruling

The Gujarat Electricity Regulatory Commission (GERC) has issued an order granting a 63-day extension to the Scheduled Commercial Operation Date (SCOD) for a 70 MW wind project developed by Juniper Green Kite Private Limited (JGKPL). The ruling, delivered in Petition No. 2532/2025 against the respondent, Gujarat Urja Vikas Nigam Limited (GUVNL), establishes a significant regulatory precedent for the Gujarat wind sector. By recognizing that extreme land-access obstacles requiring police intervention qualify as Force Majeure, the Commission has provided a framework for distinguishing uncontrollable local resistance from standard commercial execution risks.

Project and Petition Overview

The developer filed the petition under Section 86(1)(b), (e), (f), and (k) of the Electricity Act, 2003, seeking relief from Liquidated Damages (LD) and an extension of the SCOD due to events beyond its control. The project is currently in a stabilization phase, having already achieved phased commissioning and the generation of infirm revenue.

• Project Capacity: 70 MW (comprising 23 wind turbine generators)
• Petition Number: 2532/2025
• PPA Tariff: Rs. 3.11/unit
• PPA Date: February 8, 2024
• Current Status: Phased commissioning achieved; 21 units operational; 2 units awaiting final certificates.
• Location: Gujarat
• Regulatory Body: GERC

Accepted Force Majeure Events

The GERC recognized specific external disruptions as valid Force Majeure events, noting they were beyond the developer’s control and directly hindered the project timeline. The Commission’s logic emphasized that the severity of local obstructions is a determining factor for relief.

• Right-of-Way (RoW) Obstructions: The Commission accepted claims regarding land access for infrastructure. It specifically ruled that when local resistance reaches a threshold necessitating police protection/intervention, the situation shifts from a standard commercial dispute to an event beyond the developer’s control.
• Local Protests: Significant community opposition and physical blockades were recognized as legitimate impediments to the implementation schedule.
• Supply Chain Constraints: The regulator acknowledged disruptions in the supply chain as a valid factor contributing to the 63-day delay.

Analysis of Rejected Claims

While the Commission granted partial relief for land and supply chain issues, it did not accept all arguments presented by JGKPL. GERC explicitly rejected the claim regarding the “war with Pakistan” as a valid Force Majeure event for this project. Consequently, no SCOD extension or relief was granted based on this specific argument.

Final Ruling and Financial Implications

The ruling provides JGKPL with a safe harbor against penalties for the approved 63-day period, protecting the project’s cash flows from the imposition of Liquidated Damages by GUVNL.

With 21 of the 23 wind turbine generators already commissioned and generating infirm revenue, the developer is currently targeting full commissioning for the remaining units by July 2026. This ruling ensures that the project’s internal rate of return (IRR) remains protected against uncontrollable delays encountered during the construction phase.