ROMANIA Law and Practice Contributed by: Miruna Suciu, Suciu Partners
5.2 Regulatory Process for Obtaining Approvals to Construct and Operate Electricity Distribution Facilities
mission system, where the applicable methodologies consider authorised revenues, investment require- ments and other regulatory parameters established by ANRE, and the terms and conditions governing access to and use of the transmission network are set out in the applicable legislation, network codes and regulatory decisions. 4.7 Open-Access and Non-Discriminatory Transmission Transmission services are provided on an open- access and non-discriminatory basis in accordance with Romanian and European electricity market leg- islation, meaning that, subject to compliance with the applicable technical, operational and commercial requirements, eligible users are entitled to request access to the transmission system for the delivery or receipt of electricity. Access rights are governed by Electricity and Natural Gas Law No 123/2012, the applicable network codes and the regulatory frame- work administered by ANRE, forcing Transelectrica to apply transparent and non-discriminatory conditions to network users. Once access has been granted in accordance with the applicable rules, users benefit from the rights and obligations established under the relevant connection, access and system operation arrangements. 5. Distribution 5.1 Constructing and Operating Electricity Distribution Facilities The construction and operation of electricity distribu- tion facilities are governed primarily by Electricity and Natural Gas Law No 123/2012, the secondary regu- lations issued by ANRE and the general legislation applicable to construction, urban planning, environ- mental protection and land use. Additional require- ments may apply to storage facilities, smart grids and microgrids depending on their technical configuration and regulatory classification, while environmental reviews may be required depending on the location, scale and specific characteristics of the project.
The development of distribution facilities requires a combination of planning, environmental, construc- tion and sector-specific approvals, where depending on the project, developers must obtain urban plan- ning documentation, environmental approvals, land rights, construction permits and the relevant ANRE authorisations. Public participation may form part of the environmental permitting process where a detailed environmental assessment is required, meaning that public consultations and, in certain cases, public hearings may be organised by the competent envi- ronmental authorities. ANRE regulates distribution activities but does not issue all approvals required for the construction of distribution infrastructure, as per- mitting powers remain divided among the competent authorities, and timelines vary depending on project complexity, location and environmental requirements, commonly ranging from several months to more than one year for larger projects. 5.3 Terms and Conditions Imposed in Approvals to Construct and Operate Electric Distribution Facilities Approvals commonly include conditions relating to technical standards, environmental compliance, operational safety, construction requirements, service quality obligations and compliance with the applica- ble regulatory framework. Where project parameters are modified, the relevant authority must generally be notified, and an amendment procedure may be required, meaning that material changes may trigger additional reviews or revised approvals, while minor modifications can often be addressed through admin- istrative amendment procedures. 5.4 Eminent Domain, Condemnation or Expropriation Rights to Construct and Operate Electricity Distribution Facilities Distribution operators may benefit from statutory rights of access, use, easement and servitude over land for the construction, operation and maintenance of distribution networks. Where projects qualify as public utility works, expropriation mechanisms may be available in accordance with the applicable legal framework, compensation being generally payable
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