Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 153
Offshore Wind Worldwide 2023
• The public offering participant must
not intentionally disclose its intention
to participate in the public offering
or the contents of its public offering
occupancy plan after public notice is
given of its occupancy guidelines and
before the publication of the results
of the selection. A disclosure is not
considered to be an intentional disclosure unless it is clearly attributable to a
business operator, such as a disclosure
of information by the business operator or a media report due to a lack of
strict confidentiality obligations.
• Measures for combatting infectious
diseases must be described in the public occupancy plan. This requirement
was added in light of the occurrence
of clusters of COVID-19 in SEP ships
at Noshiro and Akita ports, which are
designated as base ports. "Infectious
diseases" here refers to infectious
diseases in general, including COVID-19. Specifically, proposals that
can be carried out by the operators
themselves are required, such as the
training of engineers in Japan where
there is a shortfall of engineers due to
the spread of infections or where it is
not possible for engineers to come to
Japan.
h) Security deposit
The regulators want to ensure proper implementation of public offerings without
any manipulation of public offerings.
Also, to avoid any excessive price competition, which may result in too many
applicants entering by offering arbitrary
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supply prices, bidders must provide a
security deposit. A second security deposit will be required from the Selected
Business Operator at the time of selection. A further third security deposit will
be required within 24 months from being
selected to ensure that the Selected
Business Operator reliably implements
the business.
i) Cooperating enterprises
When participating as a Consortium or
SPC, one member of such Consortium
or SPC, as the case may be, is designated
as the representative company during
the public offering. The representative
company will be required to indicate the
Consortium or SPC members’ names
and their roles in the project. Neither the
applicant company nor a Consortium or
SPC member may concurrently become
a competing bidder member. However,
one company may provide assistance
or cooperate with multiple applicant
companies or consortiums in the area
of services to provide design, procurement, construction, or maintenance or
cooperate in manufacturing, installation,
and maintenance of marine renewable
energy power generation facilities.
j) Income and expenditure plan
An income and expenditure plan will
need to be prepared with respect to
the supply price. This will be evaluated
in terms of whether risks are properly
identified and analyzed and whether an
appropriate income and expenditure
plan is established based on those risks.
Documents and other such materials will
