These Regulations shall apply to:

All the Generating Stations based on Captive generation, renewable sources of generation and co-generation, existing prior to 01.04.2019 in the State of Uttar Pradesh as on the date of notification of these Regulations.

Generation based on Captive generation, renewable sources of generation and co-generation, captive consumption and sale of electricity from such captive plants or plants based on RE sources, to all distribution licensees within Uttar Pradesh or through Open access to a third party.

Provided that in case of Wind, Mini/ Micro hydro projects, Small Hydro projects, Biomass power, Non-fossil fuel based generation and Cogeneration projects, Solar PV projects and Wind based power plants these Regulations shall apply subject to the fulfillment of eligibility criteria specified in these Regulations.

2. The provisions of Availability Based Tariff (hereinafter referred to as ‘ABT’) in respect to functions, duties and obligations, as applicable to conventional generation plants shall apply to these Generating Plants also, unless provided otherwise in some other Regulations.
3. For Generating Plants commissioned on or after 1.04.2009, where the Generating Plant/Company has adopted Clean Development Mechanism (CDM), the proceeds of carbon credit from approved CDM project shall be shared in the following manner, namely:
   1. 100% of gross proceeds on account of CDM shall be retained by the project developer during the first year of commercial operation of the Generating plants.
   2. During the second year of commercial operation, the share of the procurer shall be 10% which shall progressively increase by 10% every year till it reaches 50%, where-after the proceeds shall be shared in equal proportion, by the Generating Company and the procurer.