India: Energy Law

The principal obstacle in the adoption of green hydrogen for reduction of carbon emissions has been commercial rather than technological, as industrial users seeking to transition must fund and operate a dedicated electrolyser plant for a term of fifteen years or more. The “Electrolyser as a Service” (EaaS) model addresses this constraint. Under the EaaS model, a technology provider (Service Provider) designs, finances, constructs, owns, operates and maintains an electrolytic hydrogen generation plant (Project) on a build-own-operate basis at the premises of the industrial user (Consumer).

The Apex Court in the case, Delhi Electricity Regulatory Commission vs TATA Power Delhi Distribution Ltd., held that electricity consumers do not have to bear power plant depreciation costs for the period during which they weren’t supplied electricity.

MNRE by Office Memorandum dated 18.07.2026 notified an extended limited window for Net-Metering and Open Access renewable projects, for exemption from Approved List of Models and Manufacturers List-II (for solar PV cells) till 31.12.2026.

The Ministry of New and Renewable Energy (“MNRE”) through Office Memorandum dated 08.06.2026 (“OM”) waived factory inspections for higher power bin solar photovoltaic module (“PV Modules”) models within the same manufacturing facility.

The Central Electricity Regulatory Commission (“CERC”) through Order dated 01.06.2026 in the matter of JSL v. TPCODL & Ors. , held that State Commission has jurisdiction to regulate inter-state open access transactions and any dispute arising in terms of the use of the intra-state network, even when such network has to be used in conjunction with the inter-State Transmission System.

The SHANTI Act, 2025 replaces this blanket denial with a regime of supervised innovation as the Central Government now has the authority to grant patents for nuclear-related inventions, provided they are intended for peaceful uses.

The Ministry of Power (“MoP”), vide notification dated 18.05.2026 issued under the Jan Vishwas (Amendment of Provisions) Act, 2026 (“Jan Vishwas Act”), has notified 01.06.2026 as the date on which the amendments relating to the Electricity Act, 2003 (“EA 2003”) under serial number 58 of the Schedule to the Jan Vishwas Act shall come into force.

MNRE, vide Office Memorandum dated 25.05.2026 (“ALMM OM”) has specified that there will be no extension of the requirement to mandatorily source solar cells and modules from Approved List of Models and Manufacturers (“ALMM”) by net metering and open access renewable power projects getting commissioned on or after 01.06.2026.

The Ministry of New and Renewable Energy (“MNRE”), vide Notification dated 15.05.2026 , has conveyed administrative approval for implementation of the Small Hydro Power (“SHP”) Development Scheme (“SHP Scheme”) for SHP projects ranging from 1 MW to 25 MW capacity for the period FY 2026-27 to FY 2030-31, with a total financial outlay of INR 2,584.60 Crores.