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The Energy Regulation and Markets Review - Stikeman Elliott

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India<br />

Onshore <strong>and</strong> offshore wind power<br />

Wind energy is the fastest-growing form of renewable energy in India. It accounts for<br />

nearly 70 per cent of the installed renewable capacity in India. Wind power policies vary<br />

from state to state, but there are non-binding guidelines from the Renewable <strong>Energy</strong><br />

Ministry on setting up wind projects. In a general comparison, wind power policies<br />

in certain states are rated more highly for the incentives they provide <strong>and</strong> availability<br />

of a (more or less) single-window clearance mechanism. Until recently, wind-power<br />

projects could claim either accelerated depreciation of up to 80 per cent or generation<br />

based incentives (i.e., a monetary entitlement per unit of electricity fed into the grid).<br />

In a recent development, the 80 per cent accelerated depreciation has been done away<br />

with for wind farms developed after 31 March 2012, <strong>and</strong> now only the st<strong>and</strong>ard 15<br />

per cent accelerated depreciation can be claimed. Even the generation based incentives<br />

scheme expired on 31 March 2012. However, there is speculation that generation based<br />

incentives may be extended.<br />

Development of offshore wind energy is also being considered in India. <strong>The</strong><br />

Renewable <strong>Energy</strong> Ministry recently constituted a committee to steer offshore wind<br />

power development in India (especially in Tamil Nadu, Maharashtra <strong>and</strong> Gujarat).<br />

<strong>The</strong> committee is entrusted with creating an institutional mechanism for integration of<br />

offshore wind power with established uses of the sea; evaluation of the potential partners<br />

(private or public sector) for setting up of pilot projects <strong>and</strong> evaluation of public private<br />

partnership for off-shore projects.<br />

Solar energy<br />

Solar plants can be set up under the Renewable <strong>Energy</strong> Ministry’s Jawaharlal Nehru<br />

National Solar Mission (‘the JNNSM’) as well as under state policies (particularly<br />

favourable are policies in Gujarat <strong>and</strong> Rajasthan). <strong>The</strong> JNNSM was set up in 2010.<br />

It aims at the commissioning of 20GW grid-connected solar power by 2022 <strong>and</strong> the<br />

development <strong>and</strong> deployment of solar energy technologies in the country to achieve<br />

parity with grid power tariff by 2022. While tariffs for purchase of solar power currently<br />

offered under the JNNSM are applicable only its first phase (i.e., until 2013), the tariffs<br />

announced by the certain state governments (e.g., Rajasthan <strong>and</strong> Gujarat) are more<br />

attractive (although there has been some downward revision in 2012). Certain states<br />

have also come up with competitive bidding for setting up solar projects.<br />

While the number of solar developers opting for RECs is currently negligible,<br />

with falling prices for solar plant equipment, a greater number of solar power project<br />

developers may opt for the REC mechanism in the future.<br />

Accelerated depreciation of 80 per cent continues to be allowed for solar power<br />

projects. <strong>The</strong> Renewable <strong>Energy</strong> Ministry also has a generation-based incentive scheme<br />

to support small grid solar power projects connected to the distribution grid (less than<br />

33kV) to the state utilities. This benefit is only for selected projects <strong>and</strong> the scheme is not<br />

open to accept new project proposals currently.<br />

Bio-power <strong>and</strong> waste-to-energy projects<br />

<strong>The</strong> Renewable <strong>Energy</strong> Ministry has proposed to launch the National Bio-<strong>Energy</strong><br />

Mission (on the lines of JNNSM) to boost power generation from biomass by facilitating<br />

capital investments. Currently, the Renewable <strong>Energy</strong> Ministry provides for various fiscal<br />

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