Offshore Wind Worldwide 2022 edition - Flipbook - Page 158
158
HoganofLovells
Republic
Korea
B. E
xclusivity under the Electricity
Business Licence
To construct, own, and operate an offshore
wind project, a developer must obtain an
electrical business licence (“EBL”) from the
MOTIE, specifying the amount of generation
capacity licensed to be developed, the
location for the project and a “preparation
period” during which the operation of the
proposed project must be commenced.
The MOTIE issued a rule effective August
2018 requiring offshore wind EBL applicants
to have collected meteorological data for a
period of at least one year. In order to install
a meteorological measurement device (e.g.,
LiDAR, floating LiDAR or met mast), the
developer typically first obtains a public
waters occupancy permit (“PWOP”) from the
applicable public waters management
authorities (“PWMA”) for such installation
pursuant to the Public Water Management
and Reclamation Act. A developer is
generally granted exclusivity for a four-year
period from the issuance date of the public
waters occupancy permit for installment of a
meteorological measurement device to a
specified area corresponding to the location
of the meteorological measurement device
(the “Effective Area”) unless there is another
3
developer(s) who obtained a preceding
PWOP for areas overlapping the Effective
Area in whole or in part. The Effective Area
had been defined as a 5 km radius of each
device (an area of 78.53km2), but effective
November 11, 2020 the MOTIE implemented
an amendment to its guidelines which
expands the Effective Area to a 100 square
kilometer area extending 10 kilometers from
any such measuring device in each cardinal
direction (i.e., a 100km2 square (rather than
the current 78.53km2 circle) centered
around the measuring device).3 During this
four-year period, the MOTIE will reject
subsequent EBL applications within such
Effective Areas.
C. Discounted fee for public water
occupancy
When granting a PWOP, the PWMA is
required to charge the developer an annual
fee for use or occupancy of public waters.
This annual fee is generally set as 0.5% of the
price for the adjoining land. The fee for
PWOP for OWF, however, may be reduced
by up to 50% of this amount. The MOF has
plans to adjust the annual fee level to
support the offshore wind power
development.
Although the Effective Area has been expanded to 100 square kilometers, a developer can use no more than 80 square kilometers within
this expanded Effective Area for WTG installation.