Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 55
Offshore Wind Worldwide 2023
tion of the Electric Power Business Licence,
to engage in the electricity generation business at the offshore wind power plant. Such
licence is issued by the Local NEA within 20
to 30 days, is valid for a 20-year term and can
be renewed. In accordance with the Notice
on Implementing the Reform of "Streamlining the Government, Delegating Power
and Improving Government Services" and
Optimising the Administration of Electric
Power Business Licence issued by the NEA
on 23 March 2020, the wind power projects
with installed capacity of less than 6 MW will
be exempted from obtaining such licence.
It is important to note that relevant permits
and approvals listed above, and the relevant
supporting documents required to be submitted to the various authorities, may differ
from province to province. Therefore, they
must be verified on a case-by-case basis.
The following additional steps must be taken to obtain the connection of the offshore
wind project to the grid:
(d) after obtaining the Project Approval, the
Grid Company and the developer enter
into a grid connection agreement. The
grid connection agreement sets out
terms such as the date of commencement of the construction works, the date
of commencement of the operation of
the plant and its on-grid transmission
facilities, and the respective ownership
of the assets involved in the project; and
(e) after the completion of the construction
works, before the plant is put into operation:
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(i) the Grid Company and the developer conclude a grid connection and
despatching agreement (see section
5.1 below), to be filed with the Local
NEA; and
(ii) the power despatching institution in
charge of the grid where the project
is connected verifies the basic conditions for the connection of the plant
to the grid. If it deems that these
basic conditions are not met, it issues
an opinion requesting the implementation of the necessary modifications for purposes of the connection
to the grid.
In principle, the grid connection and the
commencement of operation of the plant
should occur simultaneously. If there are delays caused by either the Grid Company or
the developer, the party causing such delay
should compensate the other party.
If the developer is not satisfied with the
authorities’ decision regarding the issuance
of the required opinions, approvals and
permits listed above, the law permits it to
apply for administrative reconsideration
before the relevant authorities in accordance with the Administrative Reconsideration
Law of the People’s Republic of China within
60 days from the date of the decision. The
decision rendered in connection with such
administrative reconsideration can be
appealed before the PRC courts within 15
days, in accordance with the Administrative
Procedure Law of the People’s Republic of
China.
