Offshore Wind Worldwide 2022 edition - Flipbook - Page 134
134
Hogan Lovells
Japan
requirements of the Selected
Business Operator.
•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 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