REGISTERED NO. PT.-40

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

6 AGRAHAYANA 1947(S)

(NO.PATNA 1736) PATNA, THURSDAY, 27^TH NOVEMBER 2025

BIHAR ELECTRICITY REGULATORY COMMISSION

———

NOTIFICATION

The 7^th November 2025

Bihar Electricity Regulatory Commission (Terms and Conditions for Tariff

determination from Renewable Energy Sources) Regulations, 2025

No. BERC-SMP-29/2025-06—In exercise of powers conferred under Sections

61,66,86(1)(e) read with Section 181 (2) (zd) of the Electricity Act, 2003 (36 of 2003), and

all other powers enabling it in this behalf, and after previous publication, the Bihar Electricity

Regulatory Commission hereby makes the following regulations, namely:

1. Short title and commencement.—

(i) These Regulations may be called the Bihar Electricity Regulatory

Commission (Terms and Conditions for Tariff determination from

Renewable Energy Sources) Regulations, 2025.

(ii) These Regulations is made effective retrospectively from 01.04.2025 for

sake of uniformity in the tariff determination and unless reviewed earlier or

extended by the Commission, shall remain in force for a period of 3 years

from the date of commencement.

(iii) These Regulations shall extend to the whole of the State of Bihar.

2. Definitions and Interpretation.—

(1) In these regulations, unless the context otherwise requires,

(a) ‘Act’ means the Electricity Act, 2003 (36 of 2003);

(b) 'Auxiliary energy consumption' or 'AUX' in relation to a period in case

of a generating station means the Quantum of energy consumed by

auxiliary equipment of the generating station, and transformer losses

within the generating station, expressed as a percentage of the sum of

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BIHAR GAZETTE (EXTRA) 27^TH NOVEMBER 2025

gross energy generated at the generator terminals of all the units of the

generating station;

(c) ‘Biomass’ means wastes produced during agricultural and forestry

operations (for example straws and stalks) or produced as a by-product

of processing operations of agricultural produce (e.g., husks, shells, de-

oiled cakes,); wood produced in dedicated energy plantations or

recovered from wild bushes or weeds; and the wood waste produced in

some industrial operations;

(d) ‘Biomass gasification’ means a thermochemical process that converts

solid biomass into a combustible gas mixture consisting of a mixture

of carbon monoxide(CO), hydrogen (H2) and methane (CH4);

(e) ‘Biogas’ means renewable energy source produced from the

decomposition of organic matter by anerobic bacteria, resulting in a

flammable gas mixture primarily composed of methane and carbon

dioxide.

(f) ‘Capital cost’ means the capital cost of a project as referred to in

Regulations 12, 26, 27, 28, 29, 30 & 31 ;

(g) 'Commission' means the Bihar Electricity Regulatory Commission

referred to in sub-section (1) of section 82 of the Act;

(h) ‘Conduct of Business Regulations’ means the Bihar Electricity

Regulatory Commission (Conduct of Business) Regulations 2005, as

amended from time to time.

(i) ‘Control Period’ means the period during which the norms for

determination of tariff specified in these regulations shall remain valid;

(j) ‘Floating solar project’ means a solar PV power project where the

arrays of photovoltaic panels on a structure of the project float on top

of a body of water, such as artificial basin or lake, with the help of

floater, anchoring and mooring system;

(k) ‘Grid Code’ means the Central Electricity Regulatory Commission

(Indian Electricity Grid Code) Regulations, 2024 as amended from

time to time or any subsequent re-enactment thereof read with Bihar

Electricity Regulatory Commission (Bihar Electricity Grid Code)

Regulations 2010, as amendment from time to time or any subsequent

re-enactment thereof.

(l) ‘Gross calorific value’ or ‘GCV’ in relation to a fuel used in a generating

station means the heat produced in kCal by complete combustion of

one kilogram of solid fuel or one liter of liquid fuel or one standard

cubic meter of gaseous fuel, as the case may be;

(m) ‘Gross station heat rate’or ‘Gross SHR’ means the heat energy input

in kCal required to generate one kWh of electrical energy at generator

terminals of a generating station;

(n) ‘Installed capacity' or 'IC’ means the summation of the name plate

capacities of all the units of the generating station or the capacity of the

generating station (reckoned at the generator terminals). In case of

Solar PV power projects and Floating solar.

Project Installed Capacity shall be sum of name plate capacities

(Nominal AC power) of the inverters of the project;

(o) ‘Inter-connection point’ shall mean interface point of renewable

energy generating facility with the transmission system or distribution

system, where the energy is injected, as the case maybe, and include:

I. in relation to wind power projects, solar PV power projects,

renewable hybrid energy projects and renewable energy with

storage Projects, line isolator on outgoing feeder on HV side of

the pooling sub-station; and

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II. in relation to small hydro projects, biomass gasifier-based power

projects, non-fossil fuel-based co-generation projects and solar

thermal power projects, line isolator on outgoing feeder on HV

side of generator transformer.

(p) ‘MNRE’ means the Ministry of New and Renewable Energy of the

Government of India;

(q) ‘Municipal solid waste’ or ‘MSW’ means and includes commercial

and domestic trash or garbage discarded by households, business or

institutions in a municipal or notified area in either solid or semi-solid

form and excludes industrial hazardous wastes, but includes treated

bio-medical wastes;

(r) ‘Non-fossil fuel-based co-generation project’ means a generating

station that uses the process in which more than one form of energy

(such as steam and electricity) are produced in a sequential manner by

use of biomass;

(s) ‘Operation and Maintenance expenses’or ‘O&M expenses’ means the

expenditure incurred on operation and maintenance of the project, or

part thereof, and includes the expenditure on manpower, repairs,

spares, consumables, insurance and overheads;

(t) ‘Project’ means a generating station or an evacuation system up to

inter- connection point, as the case may be, and in case of a small

hydro project includes all components of generating facility such as

dam, intake water conductor System Power generating station and

generating units of the scheme, as apportioned to power generation;

(u) ‘RE Pumped storage hydro project’ means a hydro power project

which generates power with the help of Renewable Energy through

water stored as potential energy, pumped from a lower elevation

reservoir to a higher elevation reservoir;

(v) ‘Refuse derived fuel’ or ‘RDF’ means segregated combustible fraction

of solid waste other than chlorinated plastics in the form of pellets or

fluff produced by drying, de-stoning, shredding, dehydrating, and

compacting combustible components of solid waste that can be used as

fuel;

(w) ‘Renewable energy’ or ‘RE’ means the electricity generated from

renewable energy sources;

(x) ‘Renewable energy project’ means a generating station that produces

electricity from renewable energy sources;

(y) ‘Renewable energy source’ means renewable source of energy such as

water, wind, sunlight, biomass, bagasse, municipal solid waste and

other such sources as approved by the MNRE;

(z) ‘Renewable energy with storage project’ means a combination of

renewable energy project with storage or a combination of renewable

hybrid energy project with storage at the same inter-connection point;

(aa) ‘Renewable hybrid energy project’ means a renewable energy project

that produces electricity from a combination of renewable energy

sources, connected at the same inter-connection point;

(bb) ‘Small hydro project’ means a hydro power project with an installed

capacity up to and including 25 MW or as defined the Govt. of India,

from time to time at a single location.

(cc) ‘Solar PV power project’ means a project that uses sunlight for direct

conversion into electricity through photovoltaic technology and is based on

technologies such as crystalline silicon or thin film or any other technology

as approved by MNRE;

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(dd) ‘Solar thermal power project’ means a project that uses sunlight for

direct conversion into electricity through concentrated solar power

technology and is based on line focus or point focus principle;

(ee) ‘State Nodal Agency’ means the Bihar Renewable Energy Development

Agency (‘BREDA’) or such other entity as may be designated by the

Energy Department, Govt. of Bihar from time to time.

Provided that for these Regulations, BREDA shall be nodal agency for

preparation and submission of all reports and compliances.

(ff) ‘Storage’ means energy storage system utilizing methods and

technologies like, solid state batteries, flow batteries, pumped storage,

compressed air, fuel cells, hydrogen storage or any other technology,

to store various forms of energy and to deliver the stored energy in the

form of electricity;

(gg)‘Tariff period’ for renewable energy projects will be same as their

Useful Life and tariff period shall be considered from the date of

commercial operation of such power projects.

(hh) ‘Useful Life’ in relation to project, including dedicated evacuation

system, from the date of commercial operation of such project, shall

mean the following: -

S.No

RE Project

Useful Life

(Years counted

from CoD)

1.

Wind energy power project

25

2.

Bio mass power project with Rankine cycle

technology

25

3.

Non-fossil fuel cogeneration project

25

4.

Small Hydro Plant

40

5.

Municipal Solid Waste (MSW)/ and

20

6.

Refuse Derived Fuel (RDF) based power project

20

7.

Solar PV/Solar thermal power project

25

8

Biomass Gasifier based power project

25

9

Biogas based power project

25

(2) Save as aforesaid and unless repugnant to the context or if the subject

matter otherwise requires, words and expressions used in these regulations

and not defined, but defined in the Act, or the Indian Electricity Grid Code

or Bihar Electricity Grid code or the Central Electricity Regulatory

Commission (Terms and conditions of Tariff) Regulations, 2024 shall have

the meanings assigned to them respectively in the Act or the Indian

Electricity Grid Code or Bihar Electricity Grid code or the Central

Electricity Regulatory Commission (Terms and condition

Tariff)

Regulations, 2024.

3. Scope and extent of application.—These regulations shall apply to cases where

tariff for a grid connected generating station or a unit thereof commissioned during the

Control Period and based on renewable energy sources, is to be determined by the

Commission under Section 62 read with Section 86 of the Act:

Provided that in cases of Biomass power based on Rankine cycle,

non-fossil fuel-based cogeneration projects, Solar PV power projects, Solar

Thermal power projects, Floating Solar projects, renewable hybrid energy

projects, renewable energy with storage projects, Biomass gasifier, Biogas

power project, Municipal solid waste and Refuse derived fuel-based power

projects, these regulations shall apply subject to the fulfillment of eligibility

criteria specified in Regulation 4 of these Regulations.

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4. Eligibility Criteria.—

(a) Wind power project.–The project that uses new wind turbine generators

and is located at sites, on-shore or off-shore, approved by State Nodal

Agency or Appropriate Government.

(b) Small hydro project.–The project that uses new plant and machinery and

is located at sites approved by State Nodal Agency or Appropriate

Government.

(c) Biomass power project with Rankine cycle technology.–The project that

uses new plant and machinery, is based on Rankine cycle technology, and

does not use any fossil fuel.

(d) Non-fossil fuel based co-generation project.–The project or a unit

thereof that uses new plant and machinery, and is based on topping cycle

mode of co-generation. Topping cycle mode of co-generation.–Any

facility autosensing-fossil fuel input for the power generation and also

utilizes the thermal energy generated for useful heat applications in

other industrial activities simultaneously:

Provided that for the co-generation facility to qualify under topping

cycle mode, the sum of useful power output and one half the useful thermal

output be greater than 45% of the facility’s energy consumption, during

crushing season.

Explanation- For the purposes of this clause.

(i)

‘Useful power output’ is the gross electrical output from the generator.

There will be an auxiliary consumption in the cogeneration plant itself

(e.g. electricity Consumption in running the boiler feed pump, the

FD/ID fans and other electrical appliances which are necessarily

required to run in course of production of electricity, as being an

essential component of the generation system (cycle) as per

technological requirement). In order to compute the net power output, it

would be necessary to subtract the auxiliary consumption from the gross

output. For simplicity of calculation, the useful power output is defined

as the gross electricity (kWh) output from the generator.

(ii) ‘Useful Thermal Output’ is the useful heat (steam) that is provided to

the process by the cogeneration facility.

(iii) ‘Energy Consumption’ of the facility is the useful energy input that is

supplied by the fuel (normally bagasse or other such biomass).

(iv) ‘Topping Cycle means a co-generation process in which thermal

energy produces electricity followed by useful heat application.

(v)

Solar Power project, floating solar project and solar thermal power

project.–The project is based on technologies approved by MNRE.

Provided that floating solar project installed with existing

renewable energy project other than ground mounted- Solar PV project

shall be treated as renewable hybrid energy project.

(vi) Renewable hybrid energy project.–The rated capacity of generation from

one renewable energy source is at least 25% of the rated capacity of

generation from other renewable energy source(s), which operate at the

same point of interconnection.

Provided that energy is injected into grid at the same

interconnection point and metering is done at such common

interconnection point accordingly.

(vii) Biomass gasifier based power project.–The project uses new plant and

machinery, and has a grid connected system that uses 100% producer gas

engine, coupled with gasifier technologies approved by MNRE.

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(viii) Biogas based power project.–The project uses new plant and machinery

and has a grid connected system that uses 100% biogas fired engine,

coupled with biogas technology for Co-digesting agriculture residues,

manure and other bio-waste as approved by MNRE.

(ix) Municipal solid waste based power projects.–The project uses new plant and

machinery based on Rankine cycle technology, and uses municipal solid

waste as fuel for producing electricity.

(x)

Refuse derived fuel based power projects.–The project uses new plant and

machinery based on Rankine cycle technology, and uses refuse derived

fuel for producing electricity.

Chapter 1

General Principles

5. Control Period.—The Control Period or Review Period under these Regulations

shall be of three (3) years, of which the first year shall be the financial year 2025-26.

The tariff determined as per these Regulations for the RE projects

commissioned during the Control Period, shall continue to be applicable for the

entire duration of the Tariff Period as specified in Regulation 6 below.

Provided that the revision in Regulations for next Control Period shall be

undertaken six months prior to the end of the Control Period and in case

Regulations for the next Control Period are not notified until commencement of

next Control Period, the tariff norms as per these Regulations shall continue to

remain applicable until notification of the revised Regulations subject to

adjustments as per revised Regulations.

6. Tariff Period.—

(a) The Tariff Period for Renewable Energy power projects will be same as

their Useful Life as defined in Regulation 2(hh) of these Regulations.

(b) Tariff period under these Regulations shall be considered from the date of

start of commercial operation of the renewable energy generating stations.

(c) Tariff determined as per these Regulations shall be applicable for

Renewable Energy power projects, for the duration of the Tariff Period as

stipulated under Clause(a) and(b).

7. Competitive Bidding for procurement of power generated by grid connected

RE Projects.—

(a) Notwithstanding anything contained in these Regulations, the Commission

shall adopt the tariff, if such tariff has been determined through a

transparent process of bidding in accordance with the guidelines issued by

the Central Government, as envisaged under Section 63 of the Act.

(b) The tariff shall generally be determined through a transparent process of

competitive bidding in accordance with the Guidelines issued by the

Central Government under Section 63 of the Act, inter-alia for the

following types of RE Projects:

(i) Solar PV power projects;

(ii) Solar Thermal power projects;

(iii) Floating Solar power projects;

(iv) Renewable hybrid energy projects;

(v) Renewable with Storage projects;

(vi) Non-fossil fuel based cogeneration projects.

The Commission may adopt the tariff for a RE Power Project where

such tariff has been determined through a transparent process of

competitive bidding in accordance with the Guidelines issued by the

Central Government under Section 63 of the Act subject to its prudence

check under section 86(1)(b) of the Act.

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BIHAR GAZETTE (EXTRA) 27^TH NOVEMBER 2025

Project Specific tariff.—

(1) Further, the Project Specific Tariff, under section 62 of the Act may be

determined on case to case basis by the Commission for following types of

projects:

(i)

Biomass Projects, Biomass gasifier based power projects, and biogas

based power projects.–if a project developer opts for project specific

tariff;

(ii) Solar PV power projects, floating solar projects and Solar Thermal

Power Projects;

(iii) Municipal solid waste-based power projects and refuse derived fuel

based municipal solid waste power projects.–if a project developer opts

for project specific tariff;

(iv) Renewable energy with storage projects;

(v) Other hybrid projects include renewable–renewable or renewable–

conventional sources, for which renewable technology is approved by

MNRE;

(vi) Any other new renewable energy technologies approved by MNRE.

Determination of Project specific tariff for generation of electricity from

such renewable energy sources shall be in accordance with such terms

and conditions as stipulated under relevant Regulations/Orders of

BERC/CERC.

Provided that the financial norms as specified under these Regulations,

except for capital cost, shall be ceiling norms while determining the project

specific tariff.

(2) A petition for determination of project specific tariff shall be accompanied

by such fee as may be determined by Regulations and shall be accompanied

by:

(a) Information in forms 1.1, 1.2, 2.1 and 2.2 as the case may be, and as

appended in the regulations.

(b) Detailed Project Report (DPR) outlining technical and operational

details, site specific aspects, premise for capital cost and financing

plan etc.

(c) A statement of all applicable terms and conditions and expected

expenditure for the period for which tariff is to be determined.

(d) A statement containing full details of calculation of any subsidy and

incentive received, due or assumed to be due from the Central

Government and/or State Government. This statement shall also

include the proposed tariff calculated without consideration of the

subsidy and incentive.

(e) Consent from the beneficiary for procurement of power from renewable

energy project, unless such requirement has been exempted by the Central

or State Government; and

(f) Following documents in case of a petition for determination of project

specific tariff by renewable energy projects, where tariff from such

renewable energy sources is generally determined through a competitive

bidding process in accordance with provisions of Section 63 of the Act:

i.

Rationale for opting project specific tariff instead of competitive

bidding; and

ii. Competitiveness of the proposed tariff vis-à-vis tariff discovered

through competitive bidding/ tariff prevalent in the market.

(e) Any other information that the Commission requires the petitioner to

submit.

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BIHAR GAZETTE (EXTRA) 27^TH NOVEMBER 2025

(3) The proceedings for determination of tariff shall be in accordance with the

BERC (Conduct of Business) Regulations, 2005 and other extant applicable

Regulations.

8. Petition and proceedings for determination of tariff.—

(1) The generic tariff shall be determined by the Commission on annual basis in

accordance with these Regulations for the following types of renewable energy

projects, for which norms have been specified under the Regulations:

(a) Biomass power project based on Rankine cycle technology;

(b) Non-fossil fuel based cogeneration projects.

(c) Biomass gasifier power project.

(d) MSW/RDF power projects.

Provided that in order to facilitate flourishment of defined RE

technology areas in the state, BERC may undertake a separate exercise to

determine the feed-in-tariff for following technology areas along with capacity

limit of less than 5 MW considering the state centric scenarios.

(i)

Solar PV Projects

(ii)

Small Hydro Projects

(iii) Wind Power Projects)

(iv) Hybrid RE Projects (Solar/Wind+Other Renewable Energy Technologies)

The generic tariff determined for a particular type of RE project for the year in

which an RE project is commissioned, shall be applicable for such RE Project of

same type and shall remain valid for the tariff period.

9. Tariff Structure.—The tariff for renewable energy sources shall consist of the

following components:

(a) Return on Equity (RoE);

(b) Interest on loan;

(c) Depreciation;

(d) Interest on working capital;

(e) Operation and Maintenance expenses;

For renewable energy projects having fuel cost component, like biomass

power projects with Rankine cycle technology, biomass gasifier based power

projects, biogas based power projects, non-fossil fuel based co-generation

projects and refuse derived fuel based power projects, single part tariff with two

components, fixed cost component and fuel cost component, shall be determined.

10. Tariff Design.—

(1) The generic tariff shall be determined, on levelized basis, considering the

year of commissioning of the project, for the tariff period of the project:

Provided that for renewable energy projects having single part

tariff with two components, fixed cost component shall be determined on

levelized basis considering the year of commissioning of the project while

fuel cost component shall be determined on year of operation basis in the

Tariff Order to be issued by the Commission.

(2) For the purpose of levelized tariff computation, discount factor equivalent

to post-tax weighted average cost of capital shall be considered.

(3) The above principles shall also apply for project specific tariff.

11. Treatment for Over-Generation.—In case a renewable energy project, in a

given year, generates energy in excess of the capacity utilization factor or plant load

factor, as the case may be, and as specified under these Regulations, the renewable energy

project may sell such excess energy in the market under bilateral or collective transactions,

provided that the first right of refusal for such excess energy shall vest with the concerned

beneficiary. In case the concerned beneficiary purchases the excess energy, the tariff for

such excess energy shall be equal to the tariff applicable for that year.