REGISTERED NO. PT.-40
EXTRA ORDINARY
PUBLISHED BY AUTHORITY
13 BHADRA 1947(S)
(NO.PATNA 1466) PATNA, THURSDAY, 4TH SEPTEMBER 2025
Bihar Electricity Regulatory Commission
———
NOTIFICATION
28th July 2025
Bihar Electricity Regulatory Commission (Renewable Purchase Obligation, its
Compliance and REC Framework Implementation) Regulations, 2025
No.-BERC-04—In exercise of powers conferred under sections 61, 66, 86(1)(e)
and 181 of the Electricty Act, 2003 (36 of 2023) and all other powers enabling it in this
behalf and also in compliance of Ministry of Power, Govt. of India Notification no. S.O.
4617(E) dated 20th October 2023 notifying Renewable Puchase Obligation trajectory till
2029-30 for share and type of consumption from different non-fossil fuel sources
(renewable energy) and after previous publication, the Bihar Electricity Regulatory
Commission (hereinafter referred to as ‘Berc’ or ‘Commission’) hereby makes the
following Regulations namely:
1. Short Title and Commencement
1.1 These Regulations may be called the Bihar Electricity Regulatory
Commission (Renewable Purchase Obligation, its Compliance and REC
Framework Implementation) Regulations, 2025.
1.2 These Regulations shall come into force from the date of their publication
in the Bihar Gazette.
1.3 These Regulations shall extend to the whole of the State of Bihar.
2. Definitions and Interpretation
2.1 In these Regulations, unless the context otherwise requires,
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
a) ‘Act’ means the Electricity Act, 2003 (Act No.36 of 2003) and
subsequent amendment thereof;
b) ‘Area of Supply’ means the area within which the distribution licensee
is authorized to supply electricity;
c) ‘Central Agency’ means the agency operating the National Load
Dispatch Centre or such other agency as the Central Commission may
designate from time to time;
d) ‘Central Commission’ means the Central Electricity Regulatory
Commission referred to in sub section (1) of section 76 of the Act;
e) ‘Certificate’ means the renewable energy certificate issued by the
Central Agency in accordance with the procedures prescribed by it
and under the provisions specified in the Central Electricity
Regulatory Commission (Terms and Conditions for recognition and
issuance of Renewable Energy Certificate for Renewable Energy
Generation) Regulations, 2022; and subsequent amendments thereof;
f) ‘Commission’ means the Bihar Electricity Regulatory Commission;
g) ‘Distributed Renewable Energy’ means the electricity fed into the
electric system at a voltage level of below 33KV using rooftop solar
PV system [or such other forms of renewable sources as may be
approved by the Commission from time to time or as recognized by
the Ministry of New and Renewable Energy, Government of India]
h) ‘Distribution Licensee’ means a licensee authorized to operate and
maintain a distribution system for supplying electricity to the
consumers in his area of supply;
i) “Green Energy” means the electrical energy from renewable sources
of energy including hydro and storage (if the storage uses renewable
energy) or any other technology as may be notified by the
Government of India from time to time and shall also include any
mechanism that utilises green energy to replace fossil fuels including
production of green hydrogen or green ammonia as per provision of
clause G of sub-rule (2) of rule (4) of Electricity (Promoting
Renewable Energy Through Green Energy Open Access), Rules, 2022
j) ‘Obligated Entity’ means the distribution licensee, consumer(s)
owning the captive power plants and Open Access Consumer(s) in the
state of Bihar which is mandated to fulfill renewable purchase
obligation under these Regulations;
k) ‘Open Access Consumer’ means a consumer availing Open Access
under subsection (2) of section 42 of the Act;
l) ‘Person’ shall include any company or body corporate or association
or body of indiviuals, whether incorporate or not, or artificial juridical
person;
m) ‘Power Exchange’ means any exchange operating as the power
exchange for electricity in terms of the orders issued by the Central
Commission;
n) ‘Prosumer’ means a person who consumes electricity from the grid
and can also inject electricity into the grid for distribution licensee,
using same point of supply;
o) ‘Quantum of Purchase’ means percentage share of total purchase of
electricity from renewable energy sources as specified in these
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
Regulations. The quantum would be the sum of all direct purchases
from generating stations based on renewable energy sources, purchase
from any other licensee and Power purchased from exchange which
would arise from renewable energy sources.
p) ‘Renewalbe Energy Sources’ means non-conventional or renewable
electricity generating sources such as Hydro Power Projects
[including Pump Storage Projects (PSps) and small Hydro Projects
(SHPs)], wind, solar, biomass including husk and bagasse based
cogeneration, urban/municipal solid waste, or such other sources,
(which are generally inexhaustible and can be replenished in a short
period of time) as approved by the Ministry of New and Renewable
Energy, Governement of India or by the state of Bihar;
q) Renewable Purchase of Obligation (RPO): RPO is a requirement
specified by BERC u/s 86(1)(e) of the Electricity Act for the obligated
entities, to purchase minimum level of renewable energy out of total
consumption of electricity by the obligated entities.
Explanation: Consumption of Electricity shall mean energy input in the
system of obligated entities at its boundary.
r) ‘Small Hydro Projects’ means a hydropower project with an installed
capacity up to and including 25 MW or, as defined by the Government
of India, from time to time at a single location;
s) ‘State’ means the state of Bihar;
t) ‘State Agency’ means Bihar Renewable Development Agency
(BREDA);
u) ‘Supply’ in relation to electricity, means the sale of electricity to a
licensee or a consumer;
v) ‘Year’ means a financial year.
2.2 The words and expressions used and not defined in these Regulations but
defined in the Act shall have meanings assigned to them in the Act.
Expression used herein but not specifically defined in these Regulations or
in the Act but defined in any other Regulations, Rules issued by the
appropriate authority shall have the same meaning assigned to them.
3. Applicability of Renewable Purchase Obligation
3.1 These Regulations shall be applicable to all Obligated Entity such as:
I) Distribution licensee
II) Any other person consuming electricity.
(a) generated from conventional Captive Generating Plant having
capacity of 1MW and above for his own use.
(b) Through cogeneration from sources other than renewable sources.
(c) By procurement from conventional electricity generation through
Open Access and for third party sale.
Provided that for such obligated entities who are availing power partly through
open access/captive plant and partly through discoms, the RPO shall be
applicable to the extent of consumption of electricity from sources other than
distribution licensee concerned.
4. Renewable Purchase Obligation
4.1 Every Obligated Entity shall at-least purchase following source wise
energy from Renewable Sources as specified below:-
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
Finacial
Year
Wind
RPO
Hydro
Power
Obligation
(HPO)
Distributed
renewable
energy
Other
RPO
Total
RPO
2025-26
1.45%
1.22%
2.10%
28.24%
33.01%
2026-27
1.97%
1.34%
2.70%
29.94%
35.95%
2027-28
2.45%
1.42%
3.30%
31.64%
38.81%
2028-29
2.95%
1.42%
3.90%
33.10%
41.36%
2029-30
3.48%
1.33%
4.50%
34.02%
43.33%
The Renewable Power Obligation will be on total consumption of electricity by
the Obligated Entity as below:
(a) The wind renewable energy component shall be met by energy produced
from Wind Power Projects (WPPs) commissioned after the 31st of March
2024.
Provided that any shortfall in achievement of ‘Wind RPO’ in a
particular year may be met with hydro renewable energy which is in excess
of that energy component for that year and vice-versa.
(b) Hydro Power Obligation (HPO) shall be met only by energy produced from
Hydro Power Projects [including Pump Storage Projects (PSPs) and Small
Hydro Projects (SHPs)], commissioned after the 31st March, 2024;
Provided that, HPO obligation of the state/DISCOM may be met out of
the free power being provided to the state of Bihar from the Hydro Power
Projects commissioned after the 31st March 2024.
Provided further that the hydro renewable energy component may also
be met from Hydro Power Projects located outside India as approved by the
Central Government on a case-to-case basis.
In case, the free power mentioned above is insufficient to meet the HPO
obligations, then the Obligated Entity would have to buy the additional
hydro power to meet its HPO obligation or may have to buy corresponding
amount of Renewable Energy Certificate corresponding to such shortfall in
Hydro Power.
(c) The distributed renewable energy component shall be met only from the
energy generated from renewable energy projects that are less than 10 MW
in size and shall include solar installations under all configurations (net
metering, gross metering, virtual net metering, group net metering, behind
the meter installations and any other configuration) notified by the Central
Government.
Provided that the compliance against distributed renewable energy shall
ordinarily be considered in terms of energy (Kilowatt hour units):
Provided further that in case the designated consumer is unable to
provide generation data against distributed renewable energy installations,
the reported capacity shall be transformed into distributed renewable energy
generations in terms of energy by a multiplier of 3.5 units per kilowatt per
day (kWh/Kw/day).
(d) Other RPO may be met by energy produced from any renewable energy
power project including power purchased from exchanges other than
specified in (a), (b) and (c) above and shall comprise energy from all WPPs
and Hydro Power Projects [including Pump Storage Projects (PSPs) and
Small Hydro Projects (SHPs)], including free power, commissioned before
1st April, 2024.
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
Shortfalls in wind renewable energy or Hyrdo renewable energy
consumption obligations in a given year may be offset by surplus consumption
from the Other renewable energy component, and vice-versa.
Further, in case of ‘Other RPO’, any shortfall remaining in achievement of
‘Other RPO’ category in a particular year can be met with either excess energy
consumed from wind power projects, commissioned after 31st March 2024
beyond ‘Wind RPO’ for that year or with, excess energy consumed from eligible
Hydro Power Projects [including Pump Storage Projects (PSPs) and Small
Hydro Projects (SHPs)], commissioned after 31st March 2024 beyond ‘HPO’ for
that year or partly from both.
Provided that any shortfall in achievement of ‘Wind RPO’ in a particular
year can be met with excess energy consumed from Hydro Power Plants, which
is in excess of ‘HPO’ for that year and vice versa.
Provided also that Renewable Energy purchased through bundled power
shall qualify for Renewable Purchase Obligation compliance to the extent of
Renewable Energy content in the bundled power.
Provided further that Distribution Licensee shall be eligible to utilize the
renewable energy generated from Prosumers supplying power to such Licensee
under the Gross Metering, Net Billing and Net Metering arrangement as the case
may be towards meeting the RPO compliance, provided that the Prosumer
should not be an Obligated Entity under these Regulations.
Provided further that Distribution Licensee shall compulsorily procure
100% power generated from waste to energy plants in the state.
Provided also that Commission may review minimum percentange of
compliance specified in the above Regulations depending upon prevailing
situation in succeeding years.
4.2 There shall be uniform renewable purchase obligation, on all obligated entities
in area of a distribution licensee. Any Obligated Entity, may elect to generate,
purchase and consume renewable energy to meet their obligation by one or
more of the following methods:-
(A) Own Generation from renewable energy sources:- There shall not be any
capacity limit for installation of power plants from renewable energy
sources, by obligated entities for their own consumption and such plants
may be set up at any location in India and power shall be transmitted by
using open access:
Provided that the generating plant may be set up by the entity itself
or by a developer with which the entity enters into a power purchase
agreement.
(B) By procuring Renewable Energy through Open Access from any
Developer either directly or through a trading licensee or through power
markets.
Explanation:
(1) Developer means the generating company who generate electrical energy from
renewable sources of energy.
(2) Trading Licensee means a person who has been granted a license by
appropriate commission, for Purchase of electricity for resale thereof.
(C) By purchasing of Renewable Energy Certificates in accordance with the
applicable Regulations.
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
(D) Purchase of green hydrogen or green ammonia; --the Obligated Entity
can also meet their Renewable Purchase Obligation by purchasing green
hydrogen or green ammonia and the quantum of such green hydrogen or
green ammonia would be computed by considering the equivalence to the
green hydrogen or green ammonia produced from one MWh of
electricity from the renewable sources or its multiples and norms in this
regard shall be notified by the CERC.
Provided that the obligated entity shall endeavor to source the
mandatory percentage purchase from renewable sources within the State
on the basis of their Commercial viability. In case, they are not able to
meet the purchase obligation from such sources located in the State, they
shall have the option to purchase the shortfall from outside the State. The
energy generated from renewable sources in the State which is used by
generator itself or sold to third party under open access, the same will be
considered under the mandatory minimum percentage of power purchase.
4.3 The Licensee or its successor entities shall submit half yearly progress
report on the capacity addition, purchase of electricity from such projects
and the energy generated from renewable sources in the State which is
used by generator itself or sold to third party under Open Access to the
Commission and also post them on their website.
4.4 The Commission may, suo-motu or at the request of licensee, revise the
percentage targets for a year as per clause 4.1 of these Regulations keeping
in view supply constraints or other factors beyond the control of the
licensee.
5. Certificates under the Regulations of the Central Commission
5.1 Subject to the terms and conditions contained in these Regulations the
Certificates issued under the Central Electricity Regulatory Commission
(Terms and Conditions for Renewable Energy Certificates for Renewable
Energy Generation) Regulations, 2022 shall be the valid instruments for
the discharge of the mandatory obligations set out in these Regulations for
the obligated entities to purchase electricity from renewable energy
sources.
Provided that, in the event of an obligated entity seeking to fulfil its
RPO by purchase of Certificates, the obligation to purchase electricity
from various Renewable Energy Sources as stipulated in Clause 4.1 and
4.1 (a) may be fulfilled by purchase of appropriate Certificates as per
Central Electricity Regulatory Commission (Terms and Conditions for
Renewable Energy Certificates for Renewable Energy Generation)
Regulations, 2022.
5.2 Subject to such direction as the Commission may give from time to time,
the Obligated Entity shall act consistent with the Central Electricity
Regulatory Commission (Terms and Conditions for Renewable Energy
Certificates for Renewable Energy Generation) Regulations, 2022 notified
by the Central Commission in regard to the procurement of the certificates
for fulfillment of the Renewable Purchase Obligation under under these
Regulations.
5.3 The proof of certificates purchased by the obligated entities from any
source as envisaged under CERC (Terms and Conditions for REC for
Renewable Energy Generation) Regulations, 2022 shall be submitted by
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
the obligated entities to the Commission within a monthe of the purchase
of the certificate.
6. State Agency
6.1 The State Agency shall be the agency for accreditation and recommending
the renewable energy projects for registration and to undertake functions
under these Regulations.
6.2 The State Agency shall function in accordance with the directions issued
by the Commission and shall act in consistent with the procedures/rules
laid by Central Agency for discharge of its functions under the Central
Electricity Regulatory Commission (Terms and Conditions for Renewable
Energy Certificates for Renewable Energy Generation) Regulations, 2022.
6.3 The State Agency shall submit half yearly status with respect to
compliance of RPO by the obligated entities to the Commission within 30
days after completion of 1st and 2nd half of financial year in the format as
annexed as Annexure-1 to these Regulations and may suggest appropriate
action to the Commission, if required for compliance of the renewable
purchase obligation.
6.4 If the Commission is satisfied that the State Agency is not able to
discharge its functions satisfactorily, it may be general or special order,
and by recording reasons in writing, designate any other agency to
function as State Agency as it considers appropriate.
7. Distribution Licensee
7.1 Each distribution licensee shall indicate, along with sufficient proof
thereof, the estimated quantum of purchase from renewable energy sources
for the ensuring year in tariff (ARR of MYT)/annual performance review
petition in accordance with Regulations notified by the Commission. The
estimated quantum of purchase shall be in accordance with clause 4.1 and
4.1(a) of these Regulations.
7.2 Despite availability of renewable energy sources, if distribution licensee
fails to fulfill the minimum quantum of purchase from renewable energy
sources, it, without prejudice to the penalty to which it may be liable under
section 142 of the Act, shall be liable to pay compensation as per clause 9
of these Regulations.
8. Captive and Open Access User(s)/Consumer(s)
8.1 The quantum of RPO mentioned in clause 4.1 and 4.1(a) shall be
applicable to all captive and open access user(s)/consumers(s) as per
Regulation 3.1 of these Regualtions.
8.2 Every Captive and Open Access Consumers(s)/user(s) shall have to submit
necessary details regarding total consumption of electricity and purchase
of energy from renewable sources for fulfillment of RPO on yearly basis
on or before 30th April to the State Agency.
8.3 Captive and Open Access Consumer(s) User(s) shall purchase renewable
energy as stated in clause 4.1 and 4.1(a) of these Regulations. If the
Captive user(s) and Open Access Conumer(s) are unable to fulfill the
criteria as specified in clause 8.2 of these Regulations, the shortfall of the
targeted quantum would attract payment of regulatory charge as per the
Regulation 9 of these Regulations.
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
9. Effect of Default
9.1 If an Obligated Entity does not fulfil the renewable purchase obligation as
provided under these Regualtions during any year and also does not
purchase the required certificates, the Commission may direct the
Obligated Entity to deposit into a separate fund to be created under
provisions of Bihar RE policy 2025, such amount as the Commission may
determine on the basis of the shortfall in units of RPO.
Provided that the fund so created shall be utilized as may be directed
by the Commission, partly for purchase of the certificates and partly for
development
of
transmission/sub-transmission
infrastructure
for
evacuation of power from generating stations based on renewable energy
sources.
Provided further that the obligated entities shall not be authorized to
use the fund created in pursuance of the above, without prior approval of
the Commission
Porvided also that if the obligated entities fail to deposit the amount
directed by the Commission within 15 days of the communication of such
direction, the obligated entities shall be in breach of its license condition.
9.2 Where any Obligated Entity fails to comply with the obligation to purchase the
required percentage of power from renewable energy sources or the Renewable
Energy Certificates, it shall also be liable for penalty as may be decided by the
Commission under section 142 of the Act.
Provided that in case of genuine difficulty in complying with the renewable
purchase obligation because of non- availability of power or any other reason
beyond control of the obligated entity, the obligated entity concerned can
approach the Commission for carry forward of compliance requirement to the
next year. However, crtedit for excess purchase from renewable energy sources
would not be adjusted in the ensuring year.
Provided further that where the Commission has consented to carry forward
of compliance requirement, the provision of clause (9.1) of the Regulation or the
provision of section 142 of the Act shall not be invoked.
10. Appointment of Compliance Auditors & Monitoring Committee
10.1 The Commision may appoint from time-to-time Compliance Auditors to inquire
into and report on compliance of these Regulations. The Auditor shall also certify
the fund operated by the State Agency and created under Regulation (9.1) of
these Regulations.
10.2 The Commission may appoint Monitoring Committee to ensure compliance of
these Regulations from time to time.
11. Overriding Effect
Notwithstanding anything contained contrary to-
a) The BERC (Multi year Distribution Tariff) Regulation, 2024
b) The BERC (Terms and Conditions of Intera-State Open Access) Regulation,
2018
c) The BERC (Terms and Conditions of Green Energy Open Access) Regulation,
2025
d) The BERC (Terms and Conditions for Tariff determination from Renewable
Energy Sources) Regulation, 2023;
and any other relevant Regulations notified by te Commission under section
181 of the Electricity Act 2003; these Regulations will have over riding effect.
12. Power to Remove Difficulties
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
if any difficulty arises in giving effect to any of the provisions of these Regulations,
the Commission may, either suo-motu or on an application made to it, by general or
special order, direct the licensee/generator or any other person to take suitable
action, not being inconsistent with the Act, Which appears to the Commission to be
necessary or expedient for the purpose of removing the difficulty.
13. Issue of Orders and Directions
Subject to the provisions of the Act and these Regulations, the Commssion may,
from time to time, issue orders and practice directions with regard to the imp-
lementation of these Regulations and procedure to be followed for such
implementation and matters incidental or ancillary thereto.
14. Saving of Inherent powes of the Commission
Nothing contained in these Regulations shall limit or otherwise affect the inherent
powers of the Commission to adopt a procedure, which is at variance with any of the
provisions of these Regulations, if the Commission, in view of the special
circumstances of the matter or class of matters and for reasons to be recorded in
wirting, deems in necessary or expedient to depart from the procedure specified in
these Regulations.
15. Power to Amend
The Commission may from time to time add, vary, alter, suspend, modify, amend or
repeal any provision of these Regulations.
Nadeem Ahmad,
Secretary.
ANNEXURE-I
Half yearly Formats to be submitted by State Agency to the Commission:
Name of the obligated entity Financial year:
Quarter:
Sl. No.
Particulars
Formula
Unit
Value
1.
Energy input in the system of obligated entities
MU
2.
Total RPO Target
%
3.
Total Renewable Energy purchase requirement
1*2
MU
Target level of RPO
4.
WPO Target
%
5.
Wind power purchase requirement
1*4
MU
6.
HPO Target
%
7.
Hydro power purchase requirement
1*6
MU
8.
Distributed RE obligation target
%
9.
Distributed RE Purchase requirement
1*8
MU
10.
Other RPO Target
%
11.
Other RE Purchase requirement
1*10
MU
Source wise RPO Obligation
14.
Wind Power Purchase
MU
15.
Surplus/Deficit in Wind Power Purchase (+/-)
14-5
MU
16.
WPO Achievement
[If (15>0, 100%,
(15+if (18>0, min
(15,18),0)))]/1
%
17.
Hydro Power Purchase
MU/
18.
Surplus/Deficti on Hydro Power Purchase (+/-)
17-7
MU
19.
HPO Achievement
[If (18>0, 100%,
(18+if (15>0, min
(15,18),0)))]/1
%
20.
Energy Purchased from Distributed RE
MU
21.
Surplus/ Deficit in Distirbuted RE (+/-)
20-9
MU
22.
Distributed RE Purchase achievement
20/1
%
23.
Other RE purchase
a+b+c+d+e
MU
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BIHAR GAZETTE (EXTRA) 4th SEPTEMBER 2025
a.
Bagasse
MU
b.
Biomass
MU
c.
Biogas
MU
d.
Solar
MU
e.
Surplus Wind/Hydro beyond target level
Max (0,16+18)
MU
24.
Surplus/Deficit in Other Re Purchase (+/-)
23-11
MU
25.
Other RPO Achievement
23/1
%
RPO obligation (overall)
29.
Total Renewable Energy Purchase Achievement
14+17+20+23
MU
30.
Total RPO Achievement
29/1
%
———
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA,
BIHAR GAZETTE (EXTRA) 1466—571+10
Website:http://egazette.bihar.gov.in
