CHENNAI: The Tamil Nadu Electricity Regulatory Commission (TNERC) has directed the Tamil Nadu Power Distribution Corporation Limited (TNPDCL) to compensate a private wind power producer for generation losses caused by repeated feeder outages, but only for the period after August 6, 2022.
The petition was filed by SEP Energy Private Limited, which operates 8x250 MW wind generating units in the Tenkasi. The company supplies electricity to various consumers through open access under energy wheeling and banking agreements with TNPDCL.
The firm claimed that between 2019 and 2025, it suffered significant generation losses due to frequent line outages and feeder breakdowns in the 11 KV and 33 KV feeders connected to the Alangulam and Keelavaranam substations. It contended that the outages were due to poor maintenance of the distribution network and sought compensation of over Rs 1.11 crore, including interest up to May 31, 2025.
TNPDCL opposed the claim, arguing that it was barred by limitation and that many of the outages were caused by force majeure events such as lightning, bird hits and falling trees. It also contended that the petition suffered from non-joinder of necessary parties.
The Commission rejected these objections on technical grounds but held that claims up to August 6, 2022, were barred by limitation. It ruled that compensation can be claimed only for losses suffered from August 7, 2022, onwards.
Examining the merits, the Commission noted that TNPDCL had not produced material evidence to substantiate its plea of force majeure. It held that in order to invoke such a clause, the party must prove that the events were beyond its control, unforeseeable and could not have been prevented with reasonable diligence. The Commission found that no such proof had been furnished.
It declared that the generation loss suffered by the petitioner between 2019 and 2025 was due to outages and breakdowns of the 11 KV and 33 KV feeders connected to the two substations. The wind power company has been asked to calculate the actual loss from August 7, 2022 and submit a revised claim.
The utility must verify and pay the eligible amount within 30 days. Both sides will bear their own costs.