NORWAY Law and Practice Contributed by: Jøran Sandvik, Aksel Tannum and Ida Mattsson Sperre, Advokatfirmaet Haavind AS
other than removing the entire facility is always subject to licensing. Onshore Wind and Solar Power A wind power plant has a limited lifespan and must be decommissioned when the licence expires. The licence holder must fund the decommissioning. The NVE requires the licen- see to submit a proposal for financial security by the end of the 12th year of the plant’s operation. The security must cover the costs of decom- missioning to ensure that society is guaranteed available funds to decommission the power plant. The same conditions apply to solar power plants licences granted by the NVE. 4. Transmission Lines and Associated Facilities 4.1 Constructing and Operating Transmission Lines and Associated Facilities The Norwegian grid system has three levels: • the transmission grid; • the regional distribution grid; and • the local distribution grid. The principal laws that govern the ownership, construction and operation of transmission lines and associated facilities are the Energy Act and the Offshore Energy Act. Additionally, there are supplementary regulations that comprehensively regulate the system based on these legal acts. The transmission grid is a nationwide system that connects consumers and producers across state borders. According to the Energy Act, only the appointed TSO can own and operate the transmission lines and associated facilities. Statnett is the TSO in Norway.
To construct and operate a specified installa- tion, the Energy Act requires a licence from the authorities. This requirement stems from the fact that the electricity grid constitutes a natural monopoly. The licensing process aims to prevent exploitation of the monopoly position and ensure rational development and utilisation of the trans- mission system in the best interests of society. When applying for a construction and opera- tion licence, Statnett is required to review the consequences of the construction work and the operation of the power lines and associated facilities, such as transformation stations. EIAs play a crucial role in these evaluations. Addition- ally, the authorities place substantial emphasis on the environmental impacts when reviewing an application. 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities The regulatory process for obtaining the licence necessary for the construction and operation of transmission lines and associated facilities is both time-consuming and comprehensive. At a general level, the process may be summarised as follows. • Statnett notifies the NVE of the project and submits a proposal for an EIA programme. • A mandatory public consultation on the notifi- cation and the proposed EIA is conducted. • The NVE establishes an EIA programme. • Statnett carries out the EIA programme and provides a comprehensive EIA report. • An application for a licence is filed with the EIA report enclosed. • A mandatory public consultation on the licence application and the EIA report is con- ducted. • The NVE processes the licence application.
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