JAPAN Law and Practice Contributed by: Rintaro Hirano, Yutaro Fujimoto, Yurika Masakane and Yutaro Kato, Nagashima Ohno & Tsunematsu
Consideration statement The operator prepares a statement on the envi- ronmental impact that the operator expects the construction to have and submits it to METI for review. The operator publishes it and is expected (but not obliged) to seek feedback from the pub- lic. Scoping statement Based on the consideration statement, as revised to reflect METI’s comments and public feedback (if any), the operator prepares a state- ment defining the scope and methodology of the EIA that the operator proposes to implement, submits it to METI and the relevant local govern- ment for review, and publishes it to seek feed- back from the public. Environmental impact assessment Based on the scoping statement, as revised to reflect the comments of METI, the relevant local government and public feedback (if any), the operator performs the EIA. Draft environmental impact statement Based on the completed EIA, the operator pre- pares a draft of the environmental impact state- ment, submits it to METI and the relevant local government for review and publishes it to seek feedback from the public. Environmental impact statement Taking into account the comments from METI, the relevant local government and public feed- back (if any), the operator prepares an environ- mental impact statement, submits it to METI for review and, based on METI’s feedback (if any), finalises the environmental impact statement, submits it to the relevant local government and publishes it. METI has the authority to issue an order to further revise the environmental impact statement if it thinks revision is necessary to
ensure due consideration of environmental impact. Rationalisation Act With respect to the construction of thermal power plants with a coal or other fossil-fuel energy source, the Rationalisation Act requires the operator to ensure that the thermal power plant satisfies the standards of power genera- tion efficiency stated in this act and its delegated legislation. Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors Under the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reac- tors, the operator may not install a nuclear reac- tor without obtaining permission, and approval of the nuclear reactor construction plan, from the NRA. Further approval from METI for the con- struction plan of a nuclear reactor is required under the Electricity Business Act. Renewable Energy Special Measures Act If an operator desires to participate in the FIT Regime or FIP Regime, it must comply with the Renewable Energy Special Measures Act, includ- ing briefing sessions with the local community. See 1.6 Recent Changes in Law or Regulation . Other Additional national or local permits may be required to construct or operate an electricity generation facility, depending on its location. 3.3 Approvals to Construct and Operate Generation Facilities In addition to the requirements to obtain con- struction and operation approvals as summa- rised in 3.2 Obtaining Approvals to Construct and Operate Generation Facilities , an operator of an Electricity Generation Business is obliged
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