GERMANY Law and Practice Contributed by: Udo Olgemoeller, Nicolaus Ascherfeld, Johann von Pachelbel and Janina Müller, A&O Shearman
ronmental protection obligations during dismantling and site restoration. The disposal of rotor blades is a problem that has not yet been fully resolved. Funding Decommissioning costs are to be borne by the oper- ator of the facility or by the owner of the property. In rare cases (eg, in view of the long-term costs of nuclear power stations), Germany has set up funds that bear related costs. 4. Transmission Lines and Associated Facilities 4.1 Constructing and Operating Transmission Lines and Associated Facilities The ownership, construction and operation of trans- mission lines and associated facilities such as storage are governed primarily by the laws and regulations listed in 1.1 Law Governing the Structure and Own- ership of the Power Industry and 3.1 Constructing and Operating Generation Facilities (EnWG, BauGB, etc). The planning of transmission lines is governed by the Grid Expansion Acceleration Act (NABEG) and the Federal Requirements Plan Act (BBPlG) in particu- lar. The operation of transmission facilities is subject to technical and operational codes, security stand- ards and regulatory monitoring, to ensure reliability and non‑discriminatory access. Storage facilities are generally treated as distinct assets; ownership by net- work operators is possible only under limited, strictly regulated circumstances to address system needs that cannot be met by the market, subject to regula- tory approval. 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities Permits may or may not require public participation, environmental assessments and approval by the BNetzA or state authorities – please also refer to 3.2 Obtaining Approvals to Construct and Operate Gen- eration Facilities . For extra‑high voltage lines des- ignated in the federal requirements plan, in particu- lar, NABEG establishes a two‑stage federal process comprising federal sectoral planning, which deter- mines the corridor based on strategic environmental
assessment and public participation, followed by plan approval ( Planfeststellung ) that fixes the route and construction conditions, including a full environmen- tal impact assessment. The BNetzA conducts these procedures as the competent authority, with extensive opportunities for stakeholders to submit comments and participate in hearings. For other transmission and high‑voltage projects not under the federal regime, the federal state authorities conduct plan approval procedures with similar envi- ronmental and participation requirements; for lower voltages, simplified or permit‑based procedures may apply. In all cases, the competent authority issues binding approvals with enforceable conditions. Asso- ciated facilities such as substations, reactive power equipment and, where permitted, storage assets required for network operation are authorised within the same or parallel procedures, ensuring integrated assessment of cumulative impacts. Judicial review before administrative courts is available to challenge plan approval decisions, with expedited procedures for priority projects, to balance timely delivery and legal protection. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities Conditions imposed in approvals include environmen- tal protection, technical standards and stakeholder engagement; see also 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities . Alongside obligations for communication with affect- ed landowners and communities, plan approval deci- sions for transmission lines typically set: • detailed construction methodologies; • right‑of‑way specifications; • environmental mitigation and compensation meas- ures; • the installation of undergrounding where mandated or justified; • timing windows to protect species;
• noise and dust controls; and • land restoration requirements.
112 CHAMBERS.COM
Powered by FlippingBook