CERC to remain non-functional until Nov. Here’s what SC said

• The Supreme Court had earlier asked two members of CERC on August 28 to go on leave until the time Member (Law) is appointed

• The SC also turned down an intervention application filed by ACME Solar, in which the company had sought partial modifications to the apex court's August 28 order

New Delhi: The Central Electricity Regulatory Commission (CERC) is set to remain non-functional until November as the Supreme Court (SC) has extended the stay on the functioning of the two Members by four weeks on Monday. The Supreme Court had earlier asked two members of CERC on August 28 to go on leave until the time Member (Law) is appointed. These two members are IS Jha, former Chairman of PowerGrid, and former bureaucrat Arun Goyal. While Jha was appointed to the post in January 2019, Goyal was appointed on April 7 this year. 

"The Central government has deposed that IB report has come but final selection of member will take place after Cabinet Committee Meeting and Selection Committee meeting. However, they were not sure, how much time will further take to appoint member law. Additional Solicitor General Madhvi Divan, arguing on behalf of the Centre, has asked tentatively for four more weeks' time. So, CERC will remain non-functional for 4 more weeks," said advocate-on-record Ravi Sharma.

SC turns down application from ACME Solar

The SC also turned down an intervention application filed by ACME Solar, in which the company had sought partial modifications to the apex court's August 28 order. ACME Solar wanted the SC to allow the CERC to pass orders reserved before August 28. "Notices were issued on the intervention application and 5 weeks' time has been granted after issuing notice to hear on the intervention application," said Sharma.

ALSO READ: CERC likely to be non-functional till Oct 26 as SC quashes Centre's plea

The backdrop

CERC presided over 130-140 hearings each in July and August. Because of the Supreme Court's ruling, all new and partly-heard hearings have been put on hold since the quorum for hearing should consist of two members, besides the CERC Chairperson. And with the two Members on leave, the CERC has been left with only its Chairperson PK Pujari.

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