Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 215
Offshore Wind Worldwide 2023
Districts Management Act;
(3) permit to use grassland for
other purposes – Grassland Act;
(4) permit to cut trees – Creation
and Management of Forest
Resources Act; and
(5) permit to occupy roads –
Road Act.
In order to use transmission and distribution lines, a developer must meet
the technical requirements set forth by
KEPCO and enter into a grid connection
agreement with KEPCO in accordance
with the Regulations on Use of Transmission and Distribution Infrastructure,
which includes KEPCO‘s general terms
and conditions.
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tion period with respect to wind power
projects is four years from the issuance
of the EBL, i.e., the applicant is required
to achieve COD within four years of the
date of the EBL. Although this period
may be extended, any such extension is
subject to the MOTIE‘s discretion.
In addition, from October 2020, OWF
developers must undergo a public comment period before submitting the application for the EBL to the extent such
project is subject to (i) EIA, (ii) small-scaled EIA or (iii) sea area utilization impact
assessment.
In the course of reviewing the application, the ERC may:
(i)
collect opinions from specialized
institutions such as Korea Maritime
Institute, Korea Maritime Environment Management Corporation,
Korea Electric Power Research
Institute, and Korea Environment
Institute; and
(ii)
collate opinions from local stakeholders.
2.2 Permitting Process
(a) Electricity Business Licence
EBLs are issued by the MOTIE, but are
only issued to companies established in
Korea. To apply for an EBL, the developer must submit an application to the
MOTIE, which is then comprehensively
reviewed by the Electricity Regulatory Commission (the "ERC"), which is
responsible for, among others, reviewing
regulations concerning operation of
the Korean power market, applications
for EBLs or other approvals and general
monitoring of the power market.
Upon positive review from the ERC, the
MOTIE may issue an EBL. The prepara-
(b) Public Waters Occupancy Permit
OWFs are constructed in "public waters"
(the area between the Korean coastline
to the outer limit of the exclusive economic zone of 200 nautical miles from
such coastline). To use public waters in
the construction of an OWF, the developer must first obtain a PWOP from the
applicable PWMA pursuant to the Public
Water Management and Reclamation
