The Central Electricity Regulatory Commission (CERC) on September 10, 2026, issued an order in Petition Nos. 345/MP/2022 & 6/MP/2024 – Safeguard Duty on Solar Cells as a Change in Law.
The following has been stated:
• CERC’s order in Petition Nos. 345/MP/2022 and 6/MP/2024, considers claims of Adani Hybrid Energy Jaisalmer One Limited relating to the safeguard duty on imported solar cells/modules and whether the duty constituted a Change in Law under the applicable RfS and PPAs. The Commission examined the bidding date, Letter of Award, PPA effective date, scheduled commissioning date, and the period during which the safeguard duty was applicable, including the 2020 notification issued after expiry of the earlier duty period. It also considered whether the safeguard duty could reasonably have been factored into the bid tariff and the evidence required to establish the resulting additional expenditure.
• The order reiterates that Change in Law compensation is intended to restore the affected party to the same economic position as if the Change in Law had not occurred, without providing a windfall. Accordingly, any compensation is to be established through actual additional expenditure supported by relevant invoices, project-specific documentation and an Auditor’s Certificate, in accordance with the Electricity (Timely Recovery of Costs due to Change in Law) Rules, 2021.
• The attached PDF also contains a separate opinion/dissent of Member Shri Harish Dudani concerning the treatment of the 2020 Safeguard Duty Notification.
[Petition No. 345/MP/2022 & 6/MP/2024]
