Industries
Regulatory advisory for renewable energy developers
A renewable energy project's revenue depends on rules made by several bodies, including Parliament, the Ministry of Power, and electricity regulators such as CERC and GERC. Some of these rules are final, some are drafts, and some change by order.
Adynta Consulting helps developers of solar, wind, hybrid and storage projects read the rules that apply to a project, label each one by status, and plan around what could change.
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Selling to industrial and commercial buyers
To sell power to industrial and commercial consumers, there are two main routes we advise on:
- Green energy open access. Under the central Green Energy Open Access Rules, 2022, a consumer with a contracted demand or sanctioned load of 100 kW or more can seek green energy open access. GERC's Green Energy Open Access Regulations, 2024 use the same 100 kW limit and allow it to be met through one connection or several connections in the same electricity division of a distribution licensee. The 100 kW limit does not apply to captive consumers.
- Captive structures. Buyers own part of the generating company. Captive status depends on tests in Rule 3 of the Electricity Rules, 2005. As made in 2005, captive users had to hold at least 26% of the ownership and use at least 51% of the plant's yearly output. Rule 3 was amended in September 2023, so we check the text in force for each structure.
Change in law
The Electricity (Timely Recovery of Costs due to Change in Law) Rules, 2021 set a process to adjust tariff when a new or changed law alters costs after the tariff is set. They apply to generating companies and transmission licensees. Whether a change qualifies depends on the rules and on your agreement.
See financial modelling and regulatory risk for how we model change-in-law effects.
Obligations that create demand
- Renewable consumption obligation. Under the Energy Conservation Act, 2001, the Centre sets minimum renewable energy shares for designated consumers.
- Gujarat purchase and storage obligations. GERC's Statement of Reasons for its Procurement of Energy from Renewable Sources Regulations, 2025 describes a renewable purchase obligation and an energy storage obligation. We check the notified text and figures for your case.
Battery energy storage
For battery storage, the rules we track sit in several layers:
- the Union Cabinet approved a viability gap funding scheme for battery storage in September 2023, and its terms were later revised;
- central orders have waived inter-State transmission charges for some projects, subject to conditions;
- GERC published draft regulations for grid-connected battery storage in May 2026. We treat them as a draft until the final text is published on GERC's website;
- GERC has also invited consultants to help frame further regulations, including on ancillary services and demand flexibility.
How Adynta Consulting helps developers
- regulatory due diligence for a project or portfolio, with each instrument labelled as notified, draft, under petition or announced: renewable energy regulatory advisory;
- a review of the regulatory clauses in power purchase agreements;
- tracking of new and draft rules that affect your projects: renewable energy regulatory updates;
- comments on draft regulations: regulatory affairs and policy advisory.
We do not promise approvals, support or outcomes. Read more about how we work.
FAQs
Who can buy green energy through open access?
Under the central Green Energy Open Access Rules, 2022, a consumer with a contracted demand or sanctioned load of 100 kW or more can seek green energy open access. GERC's Green Energy Open Access Regulations, 2024 use the same 100 kW limit and allow it to be met through one connection or several connections in the same electricity division of a distribution licensee. The 100 kW limit does not apply to captive consumers.
Do the Change in Law Rules, 2021 cover our project?
They apply to generating companies and transmission licensees whose tariff was set under the Electricity Act. They cover new or changed laws, court interpretations, domestic taxes and licence conditions that change costs after the tariff is set. We check your agreement and the facts.
Has Gujarat issued final battery storage regulations?
GERC published draft regulations for grid-connected battery storage in May 2026. We describe draft features only as proposals, and we check GERC's website for the final text before advising on a project.
Does Gujarat still use renewable purchase obligations?
GERC's Statement of Reasons for its renewable procurement regulations of 2025 describes a renewable purchase obligation and an energy storage obligation. We check the notified text for your case.
What is the difference between selling through open access and a captive structure?
In open access, the buyer purchases power carried over the network for set charges. In a captive structure, buyers own part of the plant and must meet the ownership and consumption tests in Rule 3 of the Electricity Rules, 2005, as in force. Charges, commitments and risks differ.
Official sources
Sources: official and government copies of the rules this page refers to. Check the latest version on the issuing authority's website before relying on any text.
- Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022 (merc.gov.in)Issued by the Ministry of Power in June 2022; official copy hosted by the Maharashtra Electricity Regulatory Commission. Later amendments not included.
- GERC (Terms and Conditions for Green Energy Open Access) Regulations, 2024: Statement of Reasons (gercin.org)GERC's statement of the final wording of its 2024 regulations; the regulations have been amended since.
- Electricity (Timely Recovery of Costs due to Change in Law) Rules, 2021 (merc.gov.in)Issued by the Ministry of Power in October 2021; official copy hosted by the Maharashtra Electricity Regulatory Commission. Later amendments not checked.
- GERC (Procurement of Energy from Renewable Sources) Regulations, 2025: Statement of Reasons (gercin.org)Statement of Reasons for Notification No. 07 of 2025; the notified text is published separately.
- GERC draft (Grid Interactive Battery Energy Storage System) Regulations, 2026 (gercin.org)Draft published in May 2026; not final.
- Cabinet approves viability gap funding scheme for battery energy storage systems (pmindia.gov.in)Cabinet decision of 6 September 2023; terms later revised.
Disclaimer. This page is general information about our services. It is not legal advice or a legal opinion, and it does not say that any rule applies, or does not apply, to your circumstances. Adynta Consulting is not a law firm. Approvals, consents and tariffs are decided by the authorities concerned. Legal references checked as of 5 November 2026. Always confirm against the official text.
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