NORWAY Law and Practice Contributed by: Jøran Sandvik, Aksel Tannum and Ida Mattsson Sperre, Advokatfirmaet Haavind AS
(a) For power lines with voltage below 300 kV or length shorter than 20 km, the NVE may decide whether to grant the licence or not. (b) For power lines exceeding those limits, the NVE will process the application and provide a recommendation to the Ministry of Energy. The King in Council decides on the application. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities When granting a licence to construct and oper- ate a transmission line and associated facilities, the authorities normally impose various terms and conditions. Typical terms and conditions include the following: • an obligation to apply for licence renewal within a specified timeframe before its expira- tion date; • the requirement to complete construction and commissioning, and to put the power lines and associated facilities into operation, within a designated period; • acquaintance with the relevant rules and regulations; • liability for decommissioning the facilities fol- lowing permission from the NVE to do so; • the ability of the authorities to withdraw the licence if Statnett fails to fulfil the obligations set forth in the licence; and • various requirements aimed at preventing or limiting negative environmental impacts, namely impacts on cultural heritage. The authorities may add additional terms and conditions to the approval at a later stage if deemed necessary due to fundamental interests.
The TSO, Statnett, may apply for an amendment or relaxation of a term or condition. The general rule is that the ordinary process for obtaining an approval, as described in 4.1 Constructing and Operating Transmission Lines and Associ- ated Facilities and 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities , must be followed. How- ever, if the amendments or relaxation requested are considered minor, the authorities may sim- plify the process. 4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Transmission Lines and Associated Facilities Eminent domain, condemnation or expropriation rights are necessary for a proponent to under- take the construction and operation of electricity distribution facilities. The process and method- ology for compensating affected property own- ers and rights-holders are equivalent to those described in 3.4 Eminent Domain, Condemna- tion and Expropriation Rights to Construct and Operate Generation Facilities . 4.5 Monopoly Rights to Provide Transmission Services In Norway, there is only one TSO, Statnett, which is wholly owned by the state. Statnett holds the exclusive right to construct, own and operate the transmission grid in order to provide transmis- sion services. In addition to obtaining a licence, as described in 4.1 Constructing and Operating Transmission Lines and Associated Facilities and 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities , Statnett must comply with the regu- lations in the Public Procurement Act and the Public Procurement Regulation.
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