Įeiti

Issuing of the permission to develop the energy generating capacities.


APPROVED

by the Order No O1E- 

of the Chair of National Energy Regulatory Council

of     December 2019

 

 

DESCRIPTION OF ADMINISTRATIVE SERVICE PROVISION

OF THE NATIONAL ENERGY REGULATORY COUNCIL

 

ISSUING OF THE PERMISSION TO DEVELOP THE ENERGY GENERATING CAPACITIES

 

1.Name of the service Issuing of the permission to develop the energy generating capacities.
2. Recipients of the service

Natural persons

Legal persons

3.Type of the service: electronic/non-electronic service

Electronic service

Non-electronic service

3.1.Link to the e-service (if the service is electronic)https://www.epaslaugos.lt/portal/service/28044/16020?searchId=1c57f2c8-4fdf-4cb1-b26d-c981b689d57e
3.2.Link to the application form/forms (if the service is non-electronic)

The application form for issuing/changing/amending/renewing the permission to operate in the electricity sector approved by the Resolution No 829 of the Government of the Republic of Lithuania of 7 August 2019 "On the Approval of Rules Concerning the Issue of Permissions for the Activities in the Electricity Sector" (hereinafter – the Rules).

Application.doc

Application.pdf

4. Duration of the service provision

Within 30 calendar days of the receipt of necessary data and documents the Council shall issue a permission or provide a reasoned refusal in writing to issue a permission.

If a response is not made to a duly submitted application for the issue of the permission within the specified time limit, a positive decision to issue the permission is deemed to have been taken.

The established condition on the time limit of the permission issue is not applied when judicial disputes with third persons regarding the conditions (territory) of the regulated activities or other reasons, justifiable by significant public interests, exist and the applicant is informed about it in writing by the Council before the end of the indicated time limit. In this case, the permission shall be issued or a reasoned written refusal to issue the permission shall be submitted to the applicant not later than within 30 calendar days, when the relevant dispute proceedings have ended or after no reasons, justifiable by significant public interests, remain due to which the decision on the permission issue has been delayed.

5. Price of the service

According to the list of specific state fee rates approved by the Resolution No 1458 of the Government of the Republic of Lithuania of 15 December 2000 "On the Approval of the Specific State Fee Rates and the Rules on Payment and Refund", the fixed state fee rates are paid:

Granting of permission for the development of electricity generating capacities – EUR 50;

Amendment of permission for the development of electricity generating capacities – EUR 40;

Amendment of permission for the development of electricity generating capacities – EUR 40;

Issue of a copy of permission for the development of electricity generating capacities – EUR 10.

6.Methods and procedures of payment for the service (also including the payment possibility for foreigners)The state fee is paid to the budget revenue collection accounts of the State Tax Inspectorate under the Ministry of Finance; payment code is 5782.
7.Description of the service provision process

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

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

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

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

4. To expand electricity generating capacity beyond the installed capacity specified in the previous permit;

5. To connect to the electricity networks of the operator electricity generating equipment that is used (intended for use) for own needs and for the needs of the household, except for the cases specified in paragraph 63 of the Rules;

6. To expand (add to) or change the teritory specified in the previously issued permit;

A person, wishing to obtain a permission, or the holder of the permission submits documents required for issuing, changing, amending a permission and (or) amending the data in the permission, issuing a duplicate of the permission, suspending the validity of a permission, annulling the suspension of validity of a permission, cancelling the validity of the permission, and renewing the permission directly to the Council either remotely (by post, courier, e-mail, and other secure means of electronic communications) or through Points of Single Contact.

Representatives of the person or the holder of the permission can submit documents of the person or the holder of the permission and complete the application if they have the right to represent the person or the holder of the permission according to the procedures established in legislation and submit power of attorney.

When submitting documents and information via means of electronic communication, electronic documents or digital copies of documents are provided. The application shall be signed by the qualified electronic signature of the applicant.

The applicant and the holder of the permission have the right to receive information on the decisions made by the Council and on requests for the submission of additional information directly from the Council either remotely, through the Point of Single Contact or by other ways indicated in the application.

A permission for the development of electricity generating capacities shall be granted for a 36-month period.

In the case of development in the technology qualities of electricity production which objectively result in longer construction and installation periods, upon presentation by the person of documents justifying the construction and installation terms beyond the period of validity of the permit, The Council shall authorize the development of electricity generating capacity, with the exception of the development of electricity production from renewable energy sources for a period exceeding 36 months.

The period of validity of permissions granted for the development of generating capacities shall be extended no more than twice.

Any person intending to extend the permission to develop generating capacities shall submit to the Council, no later than 30 calendar days prior the expiry of the permission, the request for renewal and the supporting documents referred to in Points 49 or 50 of the Rules, also shall additionally submit a document certifying payment for the extension of the term of validity of the permission requested in accordance with the procedure and conditions of Article211 (1) of the Law on Electricity.

8. Information and documents to be provided by the person

A person seeking to obtain a permission for the development of electricity generation capacities must submit an application in the prescribed form and to present the following documents:

1. A copy of the power plant pre-conditions for connection to the power grid issued by the network operator and a copy of a letter of intent to connect the power plant to the power grid or approval by the transmission or distribution system operator of the possibility of connecting electrical equipment to the transmission or distribution system in cases where a person participated in the auction for the allocation of promotional allowances and was not successful but was provided with electricity and bandwidth reserved for auction, or documents justifying the planned connection to an existing direct line, or submit an application for permission to construct a direct line hereto; the requirement to provide a copy of the letter of intent to connect the power plant to the grid signed with the grid operator is not applicable if the individual is seeking to become a generating user or is planning to produce electricity for his own use and for the needs of the household and intends to supply to the electricity grid the remaining electricity that is not consumed for own use and for farm use, where the installed power of the power plant is not more than 500 kW and not more than the permissible power of the person's object, as well as persons who intend to produce electricity only for their own needs and for household needs without supplying electricity to the electricity grid;

2. An application in the free form indicating:

2.1. the date and number of registration of the valid decision of the responsible authority regarding the possibilities of the proposed economic activity, when planned procedures for assessing the environmental impact of economic activities shall be performed in accordance with the procedure established by the Law on Environmental Impact Assessment of the Proposed Economic Activity of the Republic of Lithuania; where the proposed economic activity is not subject to the requirements regarding the environmental impact assessment of the proposed economic activity, the person shall indicate this in the application for the permit for the development of electricity production capacity;

2.2. the registration number and date of the decision of the public health centre of the county that the proposed economic activities comply with the requirements of public health safety legislation when an assessment of the impact of the proposed economic activity on public health is performed in accordance with the procedure established by the Government or its authorized institution; when the proposed economic activity is not subject to the requirements for the assessment of the proposed economic activity for public health, the person shall indicate this in the application for the permit to develop electricity production capacity;

3. Documents certifying the requirements for the land use and for the selection of the site for the construction of power generation equipment (power plant) and associated equipment:

3.1. a document (a spatial planning document, a topographic photograph or a map of the area), which graphically presents the solutions for the energy object (power plant) to be built or to develop the position of the power generating equipment, the position in relation to the nearest transmission and / or distribution networks, the planned connection of the energy object (power plant) to the electricity grid and the boundaries of the land plot agreed with the electricity network operator in the preliminary conditions of the power plant connection to the power grid;

3.2. a document which graphically indicates the location of the intended electricity production installation in the structure, on the structure or part of its structure (facade, roof);

4. Documents justifying technological, financial and managerial capacity to perform activities subject to permission:

4.1. a written confirmation that the technological and financial capacity available enables the installation of electricity equipment, their connection to the electricity grid or the direct line, as well as the planned commercial production of electricity; the requirement to provide confirmation of available technological capacity is not applied to the planning of the construction of electricity equipment using renewable energy sources, where the person submits to the Council for approval a copy of the protocol on the connection of the power plant to the grid signed with the grid operator;

4.2. When an applicant is a legal person, a written confirmation of the appointment of an employee or employees to carry out regulated activities and reporting, informing and consulting consumers, investigating complaints about the operating conditions, or copies of contracts with the entities providing these services;

5. A statement in the free format indicating the number and date of the Government Decree on the construction plan of an energy facility where municipal wastes of energy value that are intended to be used as fuel for the purpose of energy recovery and which are unsuitable for recycling are recognized by Government as being of public importance for waste management;

6. A document confirming the permission to submit the application if the application is submitted by an authorised natural or legal person;

7. A copy of the wire transfer or bank receipt stating that the state fee has been paid if the application is submitted not through the electronic services portal.

Permission for the development of generating capacity shall not be required where the person intends to construct or install generating capacity less than or equal to 30 kW for the production of electricity solely for his own use and for the needs of the household, without supplying electricity to electricity networks, and if the person complies with the provisions of Article 2 (9) of the Law on Electricity or seeks to become a generating consumer and intends to build or install a capacity for the production of electricity from renewable energy sources with an installed capacity not exceeding 30 kW. Such person shall inform the network operator in accordance with the procedure set forth in Paragraph 65 of the Rules and obtain from the network operator the conditions for connection of the power plant to the energy networks in accordance with the procedure established by the law.

Permission for the development of electricity production capacity shall be granted in a simplified procedure if the person intends to develop electricity production capacity with an installed capacity not exceeding 10 kW and supply  the produced electricity to the electricity networks upon submission of a request in the form specified in the Annex to the Rules and a copy of the preconditions for connection of the power plant to the power networks issued by the network operator.

A person shall submit an application for a new permission with documents confirming the reorganisation of the legal person only when the legal person is reorganised.

If personal data indicated in the permission is changed, including the change of the name and (or) surname of the natural person, or either the name or code of the legal person, not later than within 10 working days of the occurrence of the changes, the holder of the permission informs the Council in writing about these changes by completing the application form indicated in Chapter 12 of this description and by providing documents confirming the changed data. Within 30 calendar days of the registration of the application of the holder of the permission and all suitably formalised documents at the Council, the changed respective permission is issued, which states that the permission is issued on the basis of the changed permission.

Due to changes in the permission to develop electricity generation capacity for the specified territory, where the authorized regulated activities are performed as a result of the naming of administrative units and residential areas in accordance with the provisions of the Republic of Lithuania Law on Administrative Units and Boundaries, the holder of the permission shall notify the Council in writing, not later than 10 working days after the change is made, by completing a request in the format set out in Paragraph 12 of this description and submitting documents confirming the change. Within 30 calendar days of the registration of the application of the holder of the permission and all suitably formalised documents at the Council, the changed permission is issued, which states that the permission is issued on the basis of the changed permission.

The permission to develop electricity generating capacity shall be adjusted to reduce the installed capacity of the power plant as specified in the permission. The request for revision of the existing permit for the development of electricity production capacity shall be accompanied by explanations and / or supporting documents justifying the change in the installed capacity.

9.Contact information of the service provider (position, name and surname, e-mail, phone number of the responsible employee)

Specialists from the Energy Efficiency and Permit Division of the Gas and Electricity Department of the Council.

Contact information is available on the website of the Council at http://www.vert.lt/lt/struktura-ir-kontaktai/kontaktai

10. Appeal procedure against actions (inactions) of the service providerThe decisions of the Council might be appealed in accordance with procedures and conditions laid down by the Law on Administrative Proceedings of the Republic of Lithuania.
11.Contacts of organisations that can provide necessary information or practical assistance to the recipients of services (if such organisations are known) 
12.Legislation Regulating the Provision of the Administrative Service

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

2. Law on Electricity of the Republic of Lithuania;

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

4. Rules for issuing permissions for the activity in the electricity sector approved by the Resolution No 829 of the Government of the Republic of Lithuania of 7 August 2019 "On the Approval of Rules for Issuing Permissions for Activities in the Electricity Sector".