JAPAN Trends and Developments Contributed by: Takahiro Kobayashi, Shigeki Okatani, Yusuke Murakami and Hirohiko Tanaka, Mori Hamada & Matsumoto
energy as the main energy source in Japan in the near future. This major reform of the FIT pro- gramme should be considered a positive step to further develop renewable energy sources for a more resilient and sustainable industry inte - grated with the wider electricity market in Japan. Introduction of a certification system for “Qualified Long-Term Stable Photovoltaic Power Generation Business Operators” The PV business is currently structured such that a large number of small and medium-sized busi- nesses own and operate PV plants dispersed across the country. To promote the long-term stable generation of PV power, METI considers it important to consolidate the business under responsible entities that can effectively embed PV into society and operate it efficiently. From this perspective, a system will be introduced whereby METI will certify responsible entities capable of embedding PV in society as “Quali- fied Long-Term Stable Photovoltaic Power Gen- eration Business Operators”. Qualified Long-Term Stable Photovoltaic Power Generation Business Operators, including their Closely Related Parties (“Qualified Business Operators”) will receive several preferential treatments. Of particular importance, a Quali- fied Business Operator is generally allowed to implement prior notification measures (such as posting) rather than holding a briefing session when it changes important matters in the certi- fied project. Other preferential treatments allow a Qualified Business Operator to: • expand its use of a supervision system for chief electrical engineers; • benefit from an applicable reserve period for disposal expenses at the time of instalment of additional PV panels; and
• receive advance disclosure of information on prospective sellers of PV businesses. The required criteria for the certification of Quali- fied Business Operators are as follows: • The applicant for a Qualified Business Opera- tor must comply with the relevant laws and regulations in operating the renewable energy power generation project. • The applicant must possess the necessary capacity, experience and ability to manage systems for the PV project, particularly for its long-term and stable implementation. For the managing systems, the applicant must be a joint stock company ( Kabushiki Kaisha ) with shares listed on a financial instruments exchange, or a company funded by local governments. • The applicant must have established goals specifically related to the long-term and sta- ble implementation of the PV project. • Neither the applicant nor its Closely Related Party may be: (a) a person who has received an improve- ment order and has not taken the neces- sary measures to remedy the violation pertaining to that order; (b) a person whose certification was revoked less than two years ago; or (c) a person who is currently under a reserve order (temporary suspension of subsidy), in each case, pursuant to the New FIT/FIP Act. Offshore wind power Offshore wind power is considered to be essen- tial for the further growth of renewable energy in Japan. The government has been introducing various policy measures, including legislation to estab-
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