Kochi: The Kerala High Court on Monday stayed all proceedings related to the notification issued under the Kerala State Electricity Regulatory Commission (Renewable Energy and Related Matters) Regulations, 2024, following a senior advocate's submission that no notification would be issued until objections raised during the public hearing were duly considered.

A bench of Justice Mohammad Niaz C P ordered a stay on the operation, implementation, enforcement, and all further proceedings pursuant to the notification issued by KSERC on November 5.

The Domestic On-Grid Solar Power Prosumers Forum had filed a petition challenging both the drafting of the new regulations and the appointment of KSERC members, alleging that the independent body had been dominated by the Kerala State Electricity Board (KSEB).

The Prosumers Forum is stated to be an association representing domestic on-grid solar power prosumers in Kerala, and was formed to protect the rights of solar energy users that invested in rooftop installations relying on the policies of the Government, KSERC, and KSEB Ltd. The 2nd petitioner is its President.

According to them, the KSERC is no longer an independent statutory regulatory and has been captured by the Kerala State Electricity Board Ltd. (KSEBL) since the former's members are either ex-KSEB officials or persons closely connected with the political executive. They, thus, claimed that the KSERC appointments were made in violation of Section 85(5) of the Electricity Act. 

Solar prosumers opposed the draft, claiming it limits net metering to 3 kW and imposes additional charges for each unit exported to the grid.

The court noted that during a hearing on November 3, a senior advocate representing the regulatory commission had submitted that no notification would be issued until objections raised during the public hearing were duly considered, a process expected to take about a month.

In its interim order on November 3, the court directed the registry to place the matter before the Kerala Chief Justice for appropriate orders. However, KSERC went ahead and notified the regulations on November 5.

"Since the matter is now directed to be heard by this court, there shall be a direction to respondents 1 to 3 to file counter-affidavits meeting the allegations raised in the writ petition, to enable this court to consider the legality and validity of the regulations dated November 5," the court said.

The petition will be considered again on December 1. 

(With Livelaw and PTI inputs)