(1) Save as provided in sub-regulations (2) and (3), these Regulations shall apply in all cases where tariff, for a project based on renewable sources of energy, is to be determined by the Commission under section 62, read with section 86, of the Act:
1 [Provided that in cases of wind, small hydro projects, Biomass power based on Rankine cycle, non-fossil fuel based cogeneration projects, Solar PV, Solar Thermal power projects, Biomass gasifier, Biogas, Municipal Solid Waste based power projects and Refuse 1 Sub. vide Not. No. HPERC/428 dated 11 th April, 2016 published in the R.H.P. dated 13 th April, 2016 at p. 235-237 and before its substitution it stood as under:- “Provided that in cases of wind, SHPs, biomass power based on Rankine cycle, non-fossil fuel based cogeneration projects, Solar PV, solar thermal power projects, biomass gasifier and biogas power projects, these Regulations shall apply subject to the fulfilment of eligibility criteria specified in regulation 4.” 6 Compendium of HPERC Regulations, March 2021 Derived Fuel based power projects, these regulations shall apply subject to the fulfilment of eligibility criteria specified in Regulation 4 of these Regulations.]
(2) These Regulations shall not apply in the following cases:-
(i) where long term agreement for disposal/use of energy have either already been signed by the renewable energy generator or have been approved by the Commission and the capacity of the project has not been enhanced subsequent to signing/approval of such agreement;
(ii) projects upto 100 kW, for which the Commission may determine tariff through a separate order;
(iii) where the tariff for a generating station or a unit has been determined through transparent process of bidding in accordance with the guidelines issued by the Central Government.
(3) Notwithstanding anything contained in sub-regulations (1) and (2)-
(a) where long term agreements have been executed between the renewable energy generators and the licensee, before the setting up of the Commission, the provisions of such agreements shall continue to be applicable;
(b) where, after the setting up of the Commission, the power purchase agreement has been approved by the Commission prior to the commencement of these regulations, the tariff shall be in accordance with the terms and conditions of such approved power purchase agreement read with the Himachal Pradesh Electricity Regulatory Commission (Power Procurement from Renewable Sources and Cogeneration by Distribution Licensee), Regulations,2007, irrespective of the date on which such agreement is actually executed.