Commission Notes 30-Day Timeline For Connectivity/Open Access Approval; Finds HVPNL’s Reply Ambiguous Amid Urgency Cited By Petitioner
Panchkula, June 26: The Haryana Electricity Regulatory Commission has approved deemed connectivity in favour of M/s BSL Casting in a petition filed against Haryana Vidyut Prasaran Nigam Limited concerning delay in grant of connectivity and open access for electricity generated from green energy sources.
The interim order was passed in Petition No. 38 of 2026 filed under Sections 142, 146 and 94 of the Electricity Act, 2003, read with the HERC Green Energy Open Access Regulations, 2023 and the procedure for grant of green energy open access approved by the Commission.
A coram comprising Chairman Nand Lal Sharma and Members Mukesh Garg and Shiv Kumar passed the order dated 26.06.2026.
Background
M/s BSL Casting approached the Commission alleging non-grant of connectivity within the stipulated timeline prescribed under the HERC Green Energy Open Access Regulations, 2023 and the approved procedure for grant of green energy open access.
The petitioner sought directions for allowing connectivity and open access to electricity generated from green energy sources and also invoked penal provisions under Sections 142 and 146 of the Electricity Act, 2003.
The matter was earlier heard on 16.06.2026. On that date, the Commission reserved the order on the assurance given on behalf of HVPNL that the matter would be considered and resolved in the ensuing Whole-Time Directors meeting scheduled for 24.06.2026.
The Commission had also directed HVPNL to file its reply by 25.06.2026 along with the status of grant of deemed connectivity within the timeline prescribed under the applicable regulations and procedure.
30-Day Timeline Under Green Energy Open Access Regulations
The Commission referred to Regulation 6(3) of the HERC Green Energy Open Access Regulations, 2023.
The provision requires the State Nodal Agency to approve applications for green energy open access within 30 days from the date of receipt of complete application for connectivity or open access.
Importantly, the regulation also provides that if the application is not approved within the said period, it shall be deemed to have been approved, subject to fulfilment of technical requirements specified by the Commission.
The Commission further noted that applications are required to be processed on a first-in-first-out basis.
Approved Procedure Also Provides Deemed Approval
The Commission also examined the Procedure for Grant of Green Energy Open Access, which had been approved by HERC vide order dated 29.11.2023 in Petition No. 35 of 2023.
The Commission noted that the procedure was prepared by HVPNL itself and filed before HERC for approval.
Clause 17.3 of the approved procedure also provides that the State Nodal Agency shall approve applications within 30 days from receipt of complete application, failing which the application shall be deemed to have been approved, subject to fulfilment of technical requirements.
The Commission also referred to the procedure for grant of connectivity to intra-State transmission or distribution system, which prescribes a detailed timeline for processing applications. The timeline provides that deficiency or defect in application must be communicated within the first two days, technical feasibility report must be obtained by the 20th day, and the nodal agency must accept or reject the application and issue grid connectivity by the 30th day.
HVPNL’s Reply
In view of the applicable procedures, HVPNL had earlier been directed to issue deemed connectivity latest by 06.05.2026.
However, in its reply dated 24.06.2026, HVPNL submitted that the memorandum had been placed before the Whole-Time Directors meeting held on 24.06.2026 and the same had been considered.
HVPNL further stated that though the minutes of meeting were awaited, the letter granting connectivity would be issued to the petitioner once the approved minutes of the WTD meeting were received.
Commission Finds Reply Ambiguous
The Commission found HVPNL’s reply to be ambiguous.
It also took note of the urgency cited by the petitioner, namely that the last date to apply on the portal developed by the National Institute of Solar Energy for seeking exemption from sourcing solar PV modules from the Approved List of Models and Manufacturers was 30.06.2026.
In view of the urgency and the regulatory timeline, the Commission approved deemed connectivity to the petitioner with effect from 06.05.2026.
Compliance Report Directed
The Commission directed HVPNL to file a compliance report within five days from the date of issue of the order, with a copy to the petitioner.
The Commission clarified that a detailed order shall follow.
Why The Order Is Important
The interim order is significant because it reinforces the mandatory nature of timelines under the Green Energy Open Access framework.
The Commission has clearly relied upon the deemed approval mechanism under Regulation 6(3) of the HERC Green Energy Open Access Regulations, 2023 and the corresponding provisions of the approved procedure.
The order indicates that where the State Nodal Agency fails to decide a complete connectivity/open access application within the prescribed period, the applicant may claim deemed approval, subject to fulfilment of technical requirements.
Key Takeaway
The order underlines that regulatory timelines for green energy open access and connectivity cannot be kept pending indefinitely by the nodal agency.
Where the regulations provide a deemed approval mechanism, delay beyond the prescribed period may result in deemed connectivity, especially where the applicant demonstrates urgency and the respondent fails to provide a clear and final decision.