The Danish Energy Agency has submitted a draft executive order for public hearing. The order is a follow-up to the changes to the Danish Act on Renewable Energy that came into force on 1 January 2024 regarding a simplified and fast procedure for applications and approvals of re-powering of existing power producing facilities at sea.
According to section 1, the order sets forth a procedure for application for and approval of re-powering projects offshore, and the main rule is found in section 3, which states that the Danish Energy Agency makes decisions regarding permits for re-powering that will lead to a significant change in existing electricty production facilities.
Pursuant to section 2,the executive order does not apply to:
1) Repowering of existing electricity production facilities on land.
2) Changes that are covered by normal maintenance and service that are within the framework of the granted permit in accordance with section 25 of the Renewable Energy Act, including replacement of oil, painting, repair or replacement of various technical components which are not considered to be one significant change pursuant to the order.
3) Amendment of the existing electricity production permit which has been issued pursuant to Section 29 of the Renewable Energy Act.
4) Requirements and agreements in relation to connection to the collective electricity supply system or change of existing connection agreements.
5) Project changes that are so significant that it involves the establishment of a new electricity production plant.
In the executive order, "repowering" means the renewal of electricity production facilities that produce renewable electricity, including full or partial replacement of plant or operating systems and equipment in order to replace capacity or to increase the plant's productivity or capacity.
A" significant change" is a project change that significantly affects the facility's technical aspects and conditions or natural and environmental conditions, including project changes that require a new certification pursuant to the executive order on technical certification and service of wind turbines etc.
Section 4 contains the basic information that must be submitted with an application.
Pursuant to section 5, the Danish Energy Agency must be informed about project changes that are not ordinary service or maintenance and where the applicant does not consider the change as significant. The Agency can on the basis of the information decide that approval of the change is never the less required.
The order is expected to enter into force on 1 July 2024 and will also apply to applications submitted before that date.
WSCO advises developers and contractors in the offshore wind sector regarding both commercial, legal and regulatory aspects related to re-powering, project changes, offshore work, HSE and related technical issues.
