economy · 2026-09-29
Govt orders factory power plants to sell extra electricity

Photo: Ministry of Power / Wikimedia (GODL-India)
The government is making company-owned power plants sell their spare electricity to help avoid shortages this winter, as power demand is expected to rise.
How does a company sell electricity it does not use?
The company sells its surplus power through power exchanges, which are wholesale markets where electricity is traded. The government order directs these plants to sell any electricity left after meeting their own factory needs, following market rules. They get paid at market prices. This only works if the legal framework allows it, like this Section 11 directive, otherwise payment isn't guaranteed.
Is 40% of plants low on coal normal?
Not normal. It signals severe stress. Nearly 40% of India's coal-fired power plants had critically low fuel stocks on September 19, with demand high and coal shipments disrupted. This is why the government invoked Section 11 to force captive plants to run flat out, maintain stocks, and sell surplus power.
What happens to a factory's output when its power plant is forced to sell power elsewhere?
Factories built captive plants above all for reliable power: steel, aluminium and cement plants face heavy losses if the grid fails them, and their power costs can run 15 to 35 percent of total operating expenses. The order lets these plants keep whatever generation they need for their own production and only forces them to sell surplus electricity above that, so their core operations should stay protected. Our read: the government is counting on the fact that most captive plants were built with spare capacity, and expects factories to run their plants harder rather than cut output. That only holds while coal is available, which is why the order also forces plants to stock up on fuel.
Can the government keep forcing factories to sell power next year too?
Section 11 directions are emergency measures tied to a stated period. This order runs from October 1 to December 31, 2026, and the government has used the same provision in past crises, most recently for gas plants in May 2025. Each invocation must be justified by extraordinary circumstances and documented as such. The law is designed for scarcity, not as a permanent tool. Our read: expect the government to renew or extend such orders whenever demand outpaces stocks, because the underlying coal pressure is not going away this winter.
What happens if a factory's own power needs rise mid-winter?
The order is built around the plant's own needs: it must run at maximum available capacity, but only the surplus after meeting captive demand goes to the exchanges, and the plant decides how much it needs to keep. So a factory facing a production surge simply counts that extra consumption as captive use and sells less. This is tracked through the weekly reports to the Central Electricity Authority, which record generation, captive consumption and sales together. Our read: the order protects factory output by design, making it hard for the government to later force a reduction even if grid shortages get worse.
Why force companies to sell power they built for themselves?
Captive plants were built to guarantee factories uninterrupted power and shield them from grid tariffs that rise 8-12% annually. But India's peak demand hit a record 269 GW in September, while nearly 40% of coal plants had critically low stocks. The government sees 81 GW of idle captive capacity as a buffer. Our read: this is about squeezing the last megawatt from existing assets, not building new ones.
Where does the power that is sold actually end up going?
The surplus power is not earmarked for any specific state or consumer. It is offered through power exchanges, where distribution companies, big industrial buyers and traders bid for electricity at market prices. The exchange routes it to whoever pays the most, which is often the region facing the sharpest shortage. The government gets the benefit of more supply on the grid, which helps keeps prices and blackouts down across the board, but it does not direct the electricity to particular households or industries.
Do the factories get paid enough for the power they are forced to sell?
The Section 11 law says regulators must offset the financial loss a generator suffers from such directions. But in practice, commissions have often denied or limited compensation, citing technical grounds or lack of detailed financial proof, and awards are sometimes only nominal or cost-based amounts. The order itself sets no guaranteed price; the power is sold on exchanges at whatever the market bids. So the factories face real risk that the forced sales will not cover their full generation costs, especially if exchange prices fall during the three-month period.
What happens when a company refuses to sell its spare power?
A Section 11 direction is legally binding and overrides commercial contracts. Refusal is not an option, compliance is mandatory. The real friction is compensation: regulators must offset financial losses, but past cases show they often deny claims on technical grounds or award only nominal amounts. So companies may comply yet still be unable to recover their costs.
Who pays the companies for the extra power?
The companies sell the extra power themselves through power exchanges, the wholesale electricity markets, at whatever market price buyers offer. But the government covers their losses: Section 11 of the Electricity Act lets a regulator offset any financial harm the order causes, so the companies are protected from being forced to sell at a loss.
Why does demand stay high after summer?
Demand stays high after summer because India's electricity consumption keeps rising with farm, industrial, mining, and commercial activity, plus the festival and marriage season in October-December. Peak demand hit a September record of 269 GW on September 10, close to the year's peak of about 270 GW. This is why the Ministry of Power expects further increases.
Why are only coal captive plants being told to sell surplus power?
The order covers coal-based plants of 50 MW and above because coal accounts for the largest captive share, around 46 GW of the 81 GW total, and it is the fuel under pressure. Nearly 40% of coal plants had critically low stocks by mid-September, while hydropower generation fell 10.85% from a year earlier, forcing more reliance on coal. Diesel, gas, wind and solar captive units are left out. Our read: coal is the only fuel where the government can force extra output at scale without new infrastructure, so it is the lever it pulled.
What happens to the factories that lose their spare power to the grid?
The order lets plants keep generating for their own use and only sell the surplus left after meeting captive demand, so factories retain priority for their own power needs. But the market price they fetch for the surplus may fall short of costs, and compensation under Section 11(2) depends on the regulator: past cases show commissions denying claims on technical grounds or awarding only nominal amounts when injected electricity lacks a solid contractual or statutory basis. Our read: factories shoulder the operating risk, not the government, and will treat the three months as a cost of doing business.
Can the power exchange buyers pay a price that covers the plant's costs?
The evidence does not settle the clearing price for the October-December period. It does show that compensation for surplus sales rests on a recognized legal basis: a Section 11 direction, a valid contract, or approved scheduling under open access. The order explicitly provides that legal basis, which past rulings have said is enough for enforceable claims. Our read: the market price will lag the cost of running a captive coal plant, but the Section 11 order is what makes the loss claimable, so the fight will be over the regulator's assessment, not the exchange clearing price.
Can a factory sell less than its actual surplus power and stay compliant?
The order requires plants to operate to the maximum extent of their available capacity, not just to a set output level. The surplus offered through power exchanges is whatever remains after meeting own captive demand. There is no defined floor for surplus volume in the evidence. A factory could run its captive plant harder and sell more, but the weekly report to the Central Electricity Authority tracks generation, consumption and sales, so under-use is visible. Our read: the real compliance test is whether the plant is running near its available capacity, not how much surplus it sells.
Does the factory still have to sell power if its own grid supply fails?
No. The order only asks plants to sell surplus generation after meeting their own captive demand, so a factory keeps using its own power first. But if a plant cannot run at maximum capacity because, say, its coal supply is interrupted, the order separately requires it to maintain adequate coal stocks so that it can keep generating at maximum output through December. The weekly report to the Central Electricity Authority tracks available capacity and coal stock, so a plant running low on fuel would be visible even if the shortfall is not its fault. Our read: a genuine fuel or technical failure is the only practical way out, and even then the plant still has to explain itself in that weekly report.
What stops the factory from just not running its captive plant at all?
The order is legally binding. Section 11 of the Electricity Act lets the government direct generating stations to operate during extraordinary circumstances, and once issued, compliance is mandatory and overrides commercial contracts. The weekly report to the Central Electricity Authority tracks generation, available capacity and coal stock, so a plant that stops running is visible. Past cases show commissions can deny compensation on technical grounds, so the cost of non-compliance is high. Our read: the factory runs the plant, sells the surplus, and files its compensation claim, because refusing is not a realistic option.
Source: thehindubusinessline.com