UAE Law and Practice Contributed by: Brendan Hundt, Dan Feldman, Sam Anastasiou and Saiesh Kamath, King & Spalding LLP
Distribution. Law No 11 of 2018 gives the Depart- ment of Energy its mandate to regulate transmission and distribution activities through licences, codes and technical instruments. DEWA manages electricity transmission and distri- bution in Dubai and, as mentioned above, the Dubai Supreme Council of Energy is responsible for regulat- ing that activity while the RSB supervises the actual service providers, facilities and properties. In Sharjah, SEWA is responsible for electricity gen- eration, transmission and distribution, and deter - mines electricity prices and connection fees subject to approval by the Ruler of Sharjah. In the Northern Emirates, EtihadWE is responsible for electricity generation, transmission and distribution under the federal framework established by Federal Decree Law No 31 of 2020. Energy storage is not yet governed by a single UAE- wide storage statute, but Abu Dhabi has the clear- est express framework. In 2026, the Department of Energy issued a policy on solar PV and BESS for self-supply, which enables the development of PV- plus-BESS, subject to licensing, safety and technical requirements. The Abu Dhabi Electricity Transmission Code also treats battery storage as transmission- connected plant and sets technical requirements for matters such as reactive power capability, frequency response and fault ride-through. Environmental reviews are required where a transmis- sion line, substation, storage facility or other asso- ciated infrastructure may cause environmental harm under Federal Law No 24 of 1999. Environmental protection, pollution control and rational use of natu- ral resources must be considered when projects are planned and executed, and EIA must be undertaken for projects and establishments seeking permits. 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities Regulatory Process There is no single UAE-wide permitting route for trans- mission lines. In practice, transmission assets are usu-
ally developed by, or in close co-ordination with, the incumbent network utility rather than by an unregulat- ed private developer. Projects would be progressed by that emirate’s relevant regulator and the responsible entity (eg, DEWA or TAQA). Public Participation, Hearings and Environmental Review UAE transmission-line approvals are not generally structured around mandatory public hearings in the way seen in some other jurisdictions. There is no stat- utory requirement for public hearings for transmission lines, and public consultation is not a defined require- ment for establishing new transmission assets. As noted in 4.1 Constructing and Operating Trans- mission Lines and Associated Facilities , environ - mental reviews are required under Federal Law No 24 of 1999. The relevant electricity regulators or utilities can grant sector authorisations within their statutory remit, but environmental clearance and construction-related permits are granted separately by the competent envi- ronmental and municipal authorities. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities Transmission approvals commonly impose conditions on route alignment, safety clearances, environmental mitigation, electromagnetic-field controls, construc- tion methods, outage planning, interfaces with exist- ing utilities, emergency response, inspection, main- tenance, reporting and commissioning. There are also typically requirements for clear grid-connection milestones, energisation tests and interface protocols. 4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Transmission Lines and Associated Facilities There is no independent power of eminent domain for developers of transmission lines (who are gener- ally private contractors for the public sector entities responsible for transmission) in the UAE. As noted above, compulsory acquisition is permitted by the
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