Offshore Wind Worldwide 2022 edition - Flipbook - Page 137
Offshore Wind Worldwide 2022
grid operator, all grid connection
related agreements must be transferred
to the Selected Business Operator
within three months after the selection
notification.
The transfer price (for taking over the
agreements) is calculated as follows:
(construction costs paid to date +
operating expenses incurred to date)
x investment income
o) Amending a certified occupancy plan
To amend a certified occupancy plan,
the business operator must obtain the
approval of METI and MLIT. Approval
for a change will likely only be given if it
is found that the amendment is
necessary to satisfy the qualification
requirements, such as contributing to
further enhancing public interests.
If there is a change in the SPC members,
the certified occupancy plan must be
changed to that effect. Whether METI/
MLIT will approve a change to a
certified plan is determined on a
case-by-case basis from the viewpoint of
whether it contributes to the further
promotion of the public interest or
whether there is an unavoidable reason
for the change. The occupancy plan’s
conformity to the requirements will be
particularly carefully judged if:
(1) there is a change in the company
with the largest voting rights; the
company listed in the occupancy
plan as the party who will
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implement and manage the project
withdraws from the SPC; or
(2)the proportion of voting rights held
by the parties subject to the
assessment falls below a certain
number (by a transfer of less than
two-thirds of the total voting rights
before the operation start date or by
a transfer of less than one-half of
the total voting rights after the
operation start date).
p) Written consent of the fisheries
The Selected Business Operator must
apply for permission to occupy a
Promotion Zone with MLIT, which in
principle should grant that permission.
However, MLIT may require additional
conditions to the extent it considers
doing so necessary for the use or
preservation of the sea area in the
Promotion Zone. One such possible
condition is that the business operator
must obtain prior written consent from
the fisheries that are members of the
relevant Council. As the Council’s
failure to provide its consent would
violate a statutory obligation by
impeding the Selected Business
Operator’s smooth implementation of a
power generation project in the
Promotion Zone, the government’s view
is that imposing such a condition does
not pose a risk to the Selected Business
Operator.