Granting of Authorisations for the Development of Electricity Generating Capacities

1

Annex 1 to

Procurement Application No 38 of 24/04/2017

GRANTING OF AUTHORISATIONS FOR THE DEVELOPMENT OF ELECTRICITY GENERATING CAPACITIES

Description of the Administrative Service

Authorisations for the development of electricity of electricity generating capacity are granted to natural persons who are entitled to reside in the Republic of Lithuania, or to legal persons, establishments of legal persons or other organisations of other Member States in the Republic of Lithuania.

An authorisation for development of electricity generating capacity shall be issued to a person who intends:

1.To construct (install) new energy facilities (a power plant);

2.To increase the installed capacity of the existing electricity generating facilities by reconstructing or modifying the existing ones or constructing additional electricity generating facilities. In this case authorisation for development of electricity generating capacities shall be issued for the part in which the installed capacity of the electricity generating facilities is increased, or for the constructed additional electricity generation facilities.

3.To reconstruct operating electricity generating facilities by adapting them to using another type of fuels (fossil fuels or renewable energy resources).

The documents required to obtain, replace the authorisation, and/or to update of the data contained in the authorisation, to obtain a duplicate, to suspend or cancel the authorisation, or to extend its duration shall be presented by the applicant or holder of authorisation to the State Energy Inspectorate under the Ministry of Energy (hereinafter – SEI) personally in the office of SEI, by mail or electronically through the Contact Centre of Services and Products or online through the administrative and public e-services portal E-Government Gateway (hereinafter – the Portal of
e-Services). The documents of the applicant or holder of the authorisation shall be submitted and the application shall be filled up by the representative of the applicant or holder of the authorisation who is empowered to represent the applicant or holder of the authorisation in accordance with the legal acts and who has presented the respective power of attorney. Where the documents and information are submitted by other electronic means than the Portal of e-Services, electronic documents or digital copies of documents shall be submitted. The applications must be signed by the applicant’s advanced electronic signature created by a secure-signature-creation device and supported by a valid qualified certificate.

The applicant and holders of authorisations are entitled to get information of the decisions adopted by SEI and requests for additional information directly from ESI by mail, electronically through the Contact Centre of Services and Products or online through the Portal of e-Services or by other methods indicated in the application.

Legal Acts Applicable to the Provision of the Administrative Service

1. The Law on Energy of the Republic of Lithuania;

2. The Law on Electricity of the Republic of Lithuania;

3. The Law on Energy from Renewable Sources of the Republic of Lithuania;

4. The Rules for Granting Authorizations for Activities in Electricity Energy Sector approved by Order No 1-212 of the Minister of Energy of the Republic of Lithuania of 22 October 2013 (the version [approved by] Order No 1-171 of the Minister of Energy of the Republic of Lithuania of 2 July 2015) (hereinafter – the Rules);

5. Regulations of the State Energy Inspectorate under the Ministry of Energy of the Republic of Lithuania approved by Order No 1-209 of the Minister of Environment of the Republic of Lithuania of 26 July 2016.

Information and Documents to be Presented by the Applicant

A person seeking to obtain an authorisation for the development of electricity generation capacities must submit an application in the prescribed form, where the application is filled up not on the Portal of e-Services, and to present the following documents:

1. A copy of advance connection conditions issued by the network operator indicating the point of connection or a confirmation of the possibility to connect the producer’s electrical equipment to the transmission grid or distribution network supporting the anticipated connection to the operating direct line, or an application for an authorisation for the construction of a direct line; if the applicant has won an auction of the allocation of promotion quotas, in addition to the application, a copy of a letter of intent of the power plant’s connection to the electricity grid signed with the operator of the electricity grid must be presented;

2. Documents of the proposed economic activity’s impact on the environment and public health;

2.1. A valid positive decision of the responsible authority concerning the feasibility of the proposed economic activity or a valid sampling conclusion that the environmental impact assessment is not compulsory where the provisions of the Law on Environmental Impact Assessment of the Proposed Economic Activity require to perform the procedures of the assessment of the environmental impact of the proposed economic activity in accordance with the prescribed procedure;

2.2. A decision of the public health centre of the district in which the economic activity is proposed that the conditions of the proposed economic activity comply with the requirements of the public health safety, where the assessment of the impact to public health is carried out in accordance with the procedure laid down by the Government or an institution authorised by it;

2.3. The applicant’s written explanation of the proposed economic activity’s impact on the environment and public health where no requirements concerning the impact of the proposed economic activity’s impact on the environment and public health are applicable to the proposed economic activity of the applicant as indicated in subparagraphs 2.1 and 2.2 of this description;

3. Documents confirming [the compliance with] the requirements for the land use and the selection of the place of construction of the proposed electricity generation facilities and related equipment:

3.1. Documents certifying the title to or other legal management grounds of the land plot or its part in which it is proposed to construct the electricity generation facilities (an extract from the central databank of the Real Property Register) or documents certifying the title to or other legal management of the building or a part of its structure in which it is proposed to construct the electricity generation facilities. where the electricity generation facilities are proposed to by installed on a building or a part of its structure (an extract from the central databank of the Real Property Register). The documents certifying the title or other legal management grounds should be registered in accordance with the procedure laid down by the legal acts. These documents may not be issued more than a year ago;

3.2. A document (a territory planning document, a topographical picture or a map of the territory) which contains graphic solutions of the position of the energy facilities (power plant) that the applicant intends to construct or develop, their positioning in respect to the closest transmission grid and/or distribution network, intended point of connection of the proposed energy facilities (power plant) to the electricity grid and the indicated boundary of ownership coordinated with the electricity grid operator in the advance connection conditions, the boundary of the land plot;

3.3. A document marking the location of the proposed electricity generation facilities in the building of a part of its structure (façade, roof):

4. Documents supporting the applicant’s technological and management capabilities for carrying out the activities regulated by the authorisation:

4.1. The applicant’s written confirmation that its technological capabilities allow to install the electricity generation facilities, to connect them to the electricity grid or direct line, as well as to carry out the planned electricity generation economic–commercial activity. This requirement shall not be applicable if it is proposed to construct electricity generation facilities using renewable resources, where the applicant, in order to obtain the authorisation, has presented a copy of a letter of intent of the power plant’s connection to the electricity grid signed with the operator of the electricity grid;

4.2. A written confirmation of the applicant, where the applicant is a legal person, that it has appointed an employee or employees for carrying out the activities covered by the authorisation, preparing reports, informing and advising the consumers, handling claims concerning the activities carried out, or copies of agreements with entities which provide such services;

5. A document certifying that the proposed energy facilities intending to use non-recyclable municipal waste remaining after sorting which has energy value, have been recognised to be an object of national importance by the Government;

6. In cases where authorisations for the development of electricity generation capacities from renewable energy resources are issued to the successful bidder of an auction of the allocation of promotion quotas on the grounds provided for by the laws, the applicant must enclose a copy of the document certifying the status of a successful bidder issued by the authority organising the auction to the application for the authorisation for the development of electricity generation facilities;

7. A document evidencing that the applicant – natural person is entitled to live in the Republic of Lithuania or a copy of the certificate of registration of a legal person, or establishments of legal persons or other organisations of other Member States (establishment in the Republic of Lithuania);

8. A document confirming the authorisation to submit the application if the application is submitted by an authorised natural person or by a legal person;

9. A copy of the transfer order or a bank receipt confirming the payment of the state fee unless the application is submitted through the Portal of e-Services.

Information and Documents to be Obtained by the Institution

(a Servant of the Institution)

SEI must obtain the following information;

Whether the applicant (a natural person) is entitled to reside in the Republic of Lithuania, or the applicant (a legal person) or an establishment of legal persons or other organisations of other Member States is registered in the Register of Legal Entities of the Republic of Lithuania, where it is applied for authorisations for the generation of electricity, development of electricity generation capacities, and construction of a direct line; whether no bankruptcy, reorganisation and/or liquidation proceedings are pending in respect of the legal person seeking to obtain the authorisation; whether no bankruptcy proceedings have been opened in respect of the natural person seeking to obtain the authorisation.

Provider of the Administrative Service

Planning and Control Division of SEI. The contact data, and the address of the place of application and indicated at the section “Structure and Contacts” of SEI website

Duration of the Provision of the Administrative Service

30 calendar days from the date of receipt of the application with all required data and documents.

Price for the Provision of the Administrative Service

The amounts of the state fee for granting, amending, updating authorisations for engagement in activities in the electricity sector or issuing a duplicate thereof were approved by Resolution No 1458 of the Government of the Republic of Lithuania “On the approval of the list of the specific amounts of state fees and of the rules for payment and reimbursement of the state fee” of 15 December 2000 (the version approved by Resolution No 1442 of the Government of the Republic of Lithuania of 15 December 2014)

The state fee shall be paid to the budget revenue accounts of the State Tax Inspectorate. Payment code – 5782.

Application Form, Filling Example and Contents of the Application

The approved form of applications for granting authorisations for engagement in activities in the electricity sector:Prašymas.doc The application form is available on the website of SEI . You will find it in the section “Services” by selecting a service “Granting authorisations engagement in activities in the electricity sector”.

The application should contain the following information: name of the applicant (a legal person) or first name and surname, legal person’s code or personal identification number of a natural person, registered office address, telephone number, e-mail, correspondence address, activity, for which the authorisation is sought, territory in which the person intends to carry out the activity, scope of activity, main technical data, information of the applicant’s authorised person (if any), and the desired method for the provision of information of the decisions adopted concerning the authorisation. In addition, there should be a list of documents attached to the application.

Features of the Provision of the Administrative Service

1. No authorisation for the development of electricity generation capacities is required (Clause 53 of the Rules) if a person intends to develop (install) electricity generation capacities with the installed power does not exceeding 10 kW, and to generate electricity only for his personal needs and the holding’s own requirements without supplying any electricity to the electricity grid. Such a person must give notice to the grid operator in accordance with the procedure laid down in Clause 55 of the Rules and to obtain connection conditions from the grid operator.

2. An authorisation for the development of electricity generation capacities shall be issued under the simplified procedure (Clause 54 of the Rules), if the person intends to develop electricity generation capacities with the installed power not exceeding 10 kW, and to supply the generated electricity to the electricity grid after having submitted an application drawn up in a set form and documents indicated in Clauses 1 and 3.1 of Paragraph 6 of this description.

3. A person must submit a separate application for a new authorisation for the development of electricity generation capacities each time where it is planned (Clause 22 of the Rules):

3.1. To install new electricity generation facilities (power plant) replacing the former electricity generation facilities (power plant) the operation of which was terminated and the authorisation to generate electricity was cancelled;

3.2. To expand the existing electricity generation capacities exceeding the scope determined in the previous authorisation;

3.3. To connect electricity generation equipment used (intended to use) for personal needs and holding’s own requirements to the operator’s electricity grid, except the cases provided for in Clause 53 of the Rules;

3.4. To expand (supplement) or change the territory indicated in the previous authorisation.

4. In the event or reorganisation of a legal person, the legal person must present an application for a new authorisation and enclose the documents confirming its reorganisation.

5. In case of changes of personal data indicated in the authorisation (a natural person’s name and/or surname or a legal person’s name or code), the holder of the authorisation shall notify the issuing authority thereof within 10 business days after the date of the changes by filling up an application in the form set out in Section 12 of this description with the supporting documents of the changes enclosed. An amended authorisation shall be issued within 30 calendar days from the registration of the authorisation holder’s application and all required duly formalised documents with the issuing authority; it shall state that it has been issued on the basis of the amended authorisation.

6. In case of a change of the territory indicated in the authorisation for the development of electricity generation capacities in which the activity covered by the authorisation is carried out, in case of giving names to administrative units and residential territories in accordance with the provisions of the Territorial Administrative Units of the Republic of Lithuania and their Boundaries of the Republic of Lithuania, the holder of the authorisation shall notify the issuing authority thereof within 10 business days after the date of the changes by filling up an application in the form set out in Section 12 of this description with the supporting documents of the changes enclosed. An amended authorisation shall be issued within 30 calendar days from the registration of the authorisation holder’s application and all required duly formalised documents with the issuing authority; it shall state that it has been issued on the basis of the amended authorisation.

7. An authorisation for the development of electricity generation facilities shall be updated where it is sought to reduce the installed power of the power plant. The application to update the valid authorisation to develop electricity generation capacities must be accompanied by the explanations and/or the supporting documents of the changed of the installed power.