India: Oil, Gas & Electricity

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Article
Change In Law Compensation In India’s Power Sector: Is Full Restitution Possible Without Carrying Cost?
The Change in Law clause is a cornerstone of competitively bid power projects in India. It protects parties against unforeseen legislative and regulatory changes that alter the economic assumptions on which bids are submitted. The central objective is restitution: restoring the affected party to the same economic position as if the change had never occurred. Yet, in practice, Change in Law compensation under Power Purchase Agreements (PPAs) is often determined and paid years after the expenditure has been incurred.
India Energy
HA
HSA Advocates
Article
Supreme Court Holds That Electricity Utilities Are Governed By The Rule Of Strict Liability, And Not Absolute Liability, In Claims Arising Out Of Electrocution
The Supreme Court of India, through its judgment dated 12.08.2026 in Karnataka Power Transmission Corporation Limited v. Rekha and Others , set aside concurrent orders of the High Court of Karnataka which had fastened absolute liability upon the Karnataka Power Transmission Corporation Limited (“KPTCL”) in respect of two electrocution incidents.
India Energy
Sagus Legal
Article
APTEL Held That Statutory Regulations Prevail Over Contractual Stipulations To The Extent Of Any Inconsistency
The Appellate Tribunal for Electricity through its judgment dated 11.08.2026 in M/s BSL Ltd. v. Managing Director, Ajmer Vidyut Vitran Nigam Ltd. & Ors., held that Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 is a complete code in itself and will prevail over the Wheeling and Banking Agreement dated 19.03.2013 executed between BSL and Ajmer Vidyut Vitran Nigam Limited.
India Energy
Sagus Legal
Article
CERC Approves The Procedure For Levy Of Milestone Extension Charges Under The General Network Access Regulations, 2022
The Central Electricity Regulatory Commission, by its order dated 14.08.2026 in Petition No. 5/SM/2026, has approved the procedure for levy of compensation charges permitting connectivity grantees additional time to achieve the milestones prescribed under the CERC (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022.
India Energy
Sagus Legal
Article
CERC Holds That State Commission Has Jurisdiction To Regulate And Adjudicate Upon Intra-state Aspects Of Inter-state Open Access Transactions
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.
India Energy
Sagus Legal
Article
India Tightens ATF Export Economics: What CBIC’s Latest Duty Revision Means For Refiners, Aviation Companies And Energy Investors
The Central Board of Indirect Taxes and Customs (“CBIC”), through Notification No. 31/2026-Central Excise dated 15 June 2026, has amended Notification No. 08/2026-Central Excise dated 26 March 2026 to increase the effective rate of Special Additional Excise Duty (“SAED”) applicable on exports of Aviation Turbine Fuel (“ATF”). Effective from 16 June 2026, the duty has been increased from Rs 9.5 per litre to Rs 12.5 per litre.
India Transport
LP
Legitpro Law
Article
HSA Advocates Successfully Represented M.B. Power (Madhya Pradesh) Limited Before The Madhya Pradesh Electricity Regulatory Commission In Proceedings Concerning The True-up Of Generation Tariff For Its 2x600 MW Anuppur Thermal Power Project.
One of the key issues before the Ld. Madhya Pradesh Electricity Regulatory Commission (“MPERC”) was whether MB Power was entitled to gross-up its Return on Equity (“RoE”) notwithstanding the fact that, at the corporate level, it had not paid income tax during certain years owing to losses and unabsorbed depreciation arising from its other businesses. MPPMCL opposed the claim, inter alia, on the grounds that the claim was barred by limitation and that grossing-up could not be permitted in the absence of actual tax payment by the corporate entity.
India Energy
HA
HSA Advocates
Article
Change In Law In Power Purchase Agreements: Coal Block Cancellation And The Allocation Of Contractual Risk
The long-term stability of India’s power sector depends not only on generation capacity and infrastructure growth, but also on the legal and regulatory certainty governing fuel supply arrangements. Power Purchase Agreements (“PPAs”), particularly those executed through competitive bidding under the Electricity Act, 2003, are structured on commercial assumptions relating to the long-term availability, pricing, and sourcing of coal.
India Energy
KS
King, Stubb & Kasiva
Article
APTEL Refuses To Review Order Dated 20.04.2026 Passed In OP No. 1 Of 2025
The APTEL, through its order dated 27.05.2026 in the matter of DERC v. Forum of Regulators & Ors., dismissed the review petitions filed by the Delhi Electricity Regulatory Commission (“DERC”) seeking review of APTEL’s earlier order dated 20.04.2026 concerning conduct of strict and intensive audit of Delhi distribution licensees (“DISCOMs”); and (ii) commencement of liquidation of regulatory assets.
India Litigation
Sagus Legal
Article
CERC Issues Draft CERC (Connectivity And General Network Access To The Inter-State Transmission System) (Fourth Amendment) Regulations, 2026
The Central Electricity Regulatory Commission (“CERC”), vide Notification dated 20.05.2026, has issued the Draft CERC (Connectivity and General Network Access to the inter-State Transmission System) (Fourth Amendment) Regulations, 2026 (“Draft GNA Regulations”) , amending the CERC (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022 (“Principal GNA Regulations”).
India Energy
Sagus Legal
Article
MoP Notifies 01.06.2026 As The Date On Which Certain Amendments To Electricity Act, 2003 Shall Come Into Force
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.
India Energy
Sagus Legal
Article
APTEL Holds That Radial Mode Of Supply By A Generating Company To A Distribution Licensee Cannot Be Considered As Sale To A Consumer.
APTEL, vide judgement dated 27.04.2026 in Appeal Nos. 190 of 2019 and 216 of 2019 titled Damodar Valley Corporation v West Bengal Electricity Regulatory Commission & Another, dismissed the appeals filed by Damodar Valley Corporation (“DVC”), upholding the finding of the West Bengal Electricity Regulatory Commission (“WBERC”) that radial mode of supply by a generating company to a distribution licensee cannot be considered as sale to a consumer.
India Energy
Sagus Legal
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