ROMANIA Law and Practice Contributed by: Miruna Suciu, Suciu Partners
4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities The construction of transmission facilities requires a combination of planning, environmental, construc- tion and regulatory approvals, where developers must obtain urban planning documentation, environmental approvals, land rights, construction permits and the relevant sector-specific authorisations. Environmental authorities determine whether a project is subject to environmental impact assessment procedures, where public participation forms a mandatory part of the environmental permitting process, and public consul- tations or hearings may be required where a detailed environmental assessment is carried out. ANRE regu- lates transmission activities and approves the relevant regulatory framework, but permitting powers remain divided among the competent authorities, including environmental, construction and local authorities, meaning that no single authority is solely responsible for issuing all approvals required for the development of transmission infrastructure. Transmission Line and Associated Facilities Approvals relating to transmission infrastructure commonly include conditions concerning technical standards, environmental protection measures, con- struction requirements, operational safety, land use and compliance with the applicable regulatory frame- work. Environmental approvals frequently impose strict monitoring, reporting and mitigation obligations, while construction permits require full compliance with the approved technical documentation and applicable building regulations, with additional obligations fre- quently arising from grid operation and system secu- rity requirements. Where project parameters change, the relevant authority must generally be notified, and an amendment procedure may be required, mean- ing that material modifications may trigger supple- mentary reviews or the need to obtain revised per- mits or approvals, while minor changes can often be addressed through simpler administrative amendment procedures. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a
4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Transmission Lines and Associated Facilities Unlike generation projects, transmission infrastructure may benefit from specific statutory rights intended to facilitate the development of strategic network assets, as electricity legislation grants certain rights of access, use, easement and servitude over land for the construction, operation and maintenance of electricity networks. Where voluntary arrangements cannot be reached, expropriation mechanisms may be available for projects officially declared to be of public utility and carried out in accordance with the applicable legal framework, compensation being generally payable for the rights affected or for any losses caused by the exercise of statutory rights. The amount of compensa- tion is determined either by agreement between the parties or, in the absence of agreement, in accordance with the procedures established by law and subject to subsequent judicial review. 4.5 Monopoly Rights to Provide Transmission Services Electricity transmission is treated as a regulated natu- ral monopoly in Romania, where transmission services are provided exclusively by C.N.T.E.E. Transelectrica SA, which acts as the national transmission and sys- tem operator. Transelectrica has the exclusive respon- sibility for operating, maintaining and developing the national transmission network, a position deriving from Electricity and Natural Gas Law No 123/2012, the applicable licensing framework and the formal designation of Transelectrica as transmission system operator. As a result, competing entities are gener- ally not permitted to establish parallel transmission systems for the purpose of providing transmission services within the national transmission network. 4.6 Transmission Charges and Terms of Service Transmission tariffs and the principal terms of service are strictly regulated by ANRE, the regulator establish- ing the tariff methodology and approving the regulated charges applicable to transmission services. Tariffs are determined based on regulatory principles intended to ensure cost recovery, operational efficiency, network reliability and non-discriminatory access to the trans-
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