Offshore Wind Worldwide 2022 edition - Flipbook - Page 130
130
Hogan Lovells
Japan
procurement period is reduced by the
number of days the supply was late to
start
d)Decommissioning
If a Selected Business Operator ceases
to occupy the sea area within the
Promotion Zones, the power generation
facilities must be removed
(decommissioned) and in principle the
area will need to be restored to its
original condition. However, on the
condition that the Act on Prevention of
Marine Pollution and Maritime
Disaster is complied with (for example,
by obtaining the permission of the
Ministry of the Environment with
respect to any disposals), it may also be
acceptable to prepare a
decommissioning plan which
contemplates leaving part of the
facilities in the area. The
decommissioning cost is uniformly set
at 70% of the cost of constructing the
facility in the ocean, but the amount
and basis for calculating it are not
included in the evaluation process for
selecting the business operator. In
order to secure the removal costs, a
guarantee (i.e., decommissioning LC)
or a document certifying the
accumulation of the decommissioning
cost (these can be used together) must
be submitted to secure the
decommissioning cost in full.
e) Wind conditions and the results of
submarine geology surveys
For Happou, on 29 November 2021,
information has been provided on the
wind conditions and the results of
submarine geology and other surveys
conducted by the national government
to Happou.
This information is provided as
technical support to business operators,
and it is not essential to refer to the
information in question. Rather,
business operators must develop and
implement appropriate business plans
at their own responsibility. For example,
due to the level of accuracy of wind
conditions and seabed data, it is
possible that the data provided (and
which the occupancy plan was based on)
may deviate from the actual data
measured after the operator is selected.
The deviation in the data in such cases
may even suggest that the occupancy
plan is less commercially feasible than
initially contemplated, which could
naturally lead the operator to wish to
amend the occupancy plan to account
for this. However, while it is in principle
possible to amend the occupancy plan in
some circumstances, it is not possible to
amend it in such a way that would, if it
were evaluated in its amended form,
result in a lower evaluation of the plan.
Amendments that are highly likely to
lead to a lower evaluation are, for
example, increases in the supply price.
So in general operators should
understand that it is not possible to
increase the supply price in a certified
occupancy plan purely on the basis of
deviations in data as described above.