Supreme Court

Supreme Court Sets Limits on Regulatory Assets for Electricity Tariffs: Emphasizes Accountability and Timely Recovery

The Supreme Court made it clear that regulatory assets are only expected to be very rare, limited to only 3% annually of revenue, and to be fully recovered in 3 years for new or later assets and 5 years for existing or prior assets. Regulatory Commissions are expected to set up cost-reflective tariffs and equally manage regulatory assets in a fully transparent manner and subject to rules and policies. The judgment imposes strict accountability, and has empowered APTEL to ensure compliance and control against regulatory failure.

Supreme Court

Supreme Court Enforces Contractual Free Power Duties Over Statutory Limit, Giving Primacy to Regulator

In State of Himachal Pradesh Vs. JSW Hydro Energy Ltd., the Supreme Court held that a contractual commitment of supplying 18% free power to the State is not affected by the CERC’s 13% tariff ceiling. The Court made it clear that the cap is valid only for tariff calculations and does not prevail over freely negotiated terms. It underlined regulatory primacy, sole jurisdiction of CERC/APTEL, and declined High Court interference. The ruling protects contractual freedom and regulatory discipline in the electricity industry.