2003-200-0005-2003-200-0005-2-

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Public Acceptance for new transmission overhead lines and substations ...................................................................................................

Networks Committee

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March 2003 Ref: 2003-200-0005

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1 International Union of Producers and Distributors of Electrical Energy2 European Grouping of Electricity Undertakings

Public Acceptance for new transmission overhead lines and substations ............................................................................................ Networks Committee ............................................................................................ Paper prepared by: Nascimento Baptista (PT) (Chairman) Hannu Linna (FI) (Vice-Chairman) Joao Aguiar (PT), Sven-Erik Åkerlind (SE), Juan Francisco Alonso-Llorente (ES), Jerzy Andruszkiewicz (PL), Varis Boks (LV), Georges Bonifas (LU), Attilio Cipollone (IT), Georges De Montravel (FR), Karl Derler (AT), Venizelos Efthymiou (CY), Steinar Fridgeirsson (IS), Stelian Alexandru Iuliu Gal (RO), Carlos Gonzalez Gutierrez-Barquin (ES), Karl Imhof (CH), John Kirby (IE), Jürgen Kroneberg (DE), J. M. Kroon (NL), Alexander Ksinan (SK), Michel Laurent (BE), Flemming Kjærulf Rasmussen (DK), Dalius Sulga (LT), Gábor Tari (HU), Robert Taylor (GB), Øivind Torkildsen (NO), Mirjan Trampuz (SI), Petr Zeman (CZ) EURELECTRIC Secretariat John Traynor Ludmila Majlathova

Copyright © Union of the Electricity Industry – EURELECTRIC 2003

All rights reserved Printed in Brussels (Belgium)

TABLE OF CONTENTS

Executive Summary..................................................................................................................5

1. Introduction ............................................................................................................................6 2. Existing Obligations and Practices.........................................................................................6

2.1. Existing National Obligations and Practices ................................................................6 2.2. Specific Practices..........................................................................................................6

3. Best practice approach .........................................................................................................10 3.1. Policy for new Substations .........................................................................................10 3.2. Policy for new Overhead Transmission Lines............................................................12 3.3. Simplified flow chart for a permit procedure .............................................................13 3.4. Life Cycle Assessment (LCA)....................................................................................15 3.5. Achieving Public Acceptance.....................................................................................15

4. Conclusion and recommendations .......................................................................................16

Annexes ....................................................................................................................................18

Annex 1: Contributions of the following country members in alphabetical order ..............19 Annex 2: Additional relevant material ...............................................................................104 Annex 3: Abbreviations .....................................................................................................125

2003-200-0005 5 March 2003

Executive Summary Europe is now following the path of liberalised electricity markets, leading eventually to a single electricity market. The construction of overhead transmission lines and substations remains ultimately the responsibility of national electricity transmission companies. Their development has mainly been defined by the normal demand growth and the need to safeguard the security of supply to customers but liberalisation assigns them additional importance as a vital universal commodity to facilitate electricity trade. Thus, the emerging single electricity market emphasises the important role to be played by national authorities and regulatory bodies - where existing - concerning both new domestic installations and international co-operation to promote new cross-border interconnections. Rising public objections to the building of overhead high voltage transmission lines and substations forces the industry to adopt more sophisticated policies in seeking approval for new projects from national and local planning authorities and support from the affected publics. The dialogue with landowners, in particular, requires the presentation of detailed environmental studies, well-prepared public consultation meetings and face-to-face negotiations to identify acceptable compensations – objective and proportionate - depending on the extent their property is affected by the new project. To be successful, the construction of new transmission projects requires the full support not only of all electricity market participants but also of governmental and local authorities. The public should be informed responsibly and regularly of all relevant details, including full explanations not only of the benefits associated with the new project but also of the possible problems deriving from its postponement or cancellation. Public concerns about exposure to electromagnetic fields or other influences (related to the transmission network) need to be addressed with confidence and supported with extensive and updated scientific facts and reviews, as outlined in the recent EURELECTRIC report on “The role of risk communication in EMF issue management”.

2003-200-0005 6 March 2003

1. Introduction This report, prepared by the electrical utilities themselves, is focused on the following objectives: • Identify at national level the existing obligations (grid code to whatever degree,

bilateral agreements between Authorities and Electricity Companies etc) of electricity companies / utilities in Member and Accession countries whenever the need arises for extension or upgrading of existing networks (see Chapter 2).

• Formulate a “best practice policy” that can be proposed to the electricity industry in

Europe and to the national electricity regulators, that will be advisable to all interested parties i.e. local or national authorities (Regulators, Local Planning Authorities, Ministries of Environment etc.) and electricity companies, concerning the planning and acceptance of new overhead transmission lines and substations (see Chapter 3).

• Indicate a methodology to be followed for handling the discussion about

electromagnetic fields (EMF) in achieving public acceptance of new lines and substations (see Chapter 3.5).

• Agree on points that can be proposed as additions to existing European legislation (see

Chapter 4).

2. Existing Obligations and Practices 2.1. Existing National Obligations and Practices A relevant report published by CIGRE working group 22.14 in October 1999 under the title “Environmental concerns, procedures, impacts and mitigation” gives some interesting facts and figures from contributions that were gathered from utilities in many countries throughout the world regarding overhead lines. This EURELECTRIC report continues that work by looking at the problem of “Public acceptance of transmission lines and substations” from the angle of developing a “best practice approach” in meeting the development requirements of the transmission network in Europe. The report bases its findings on contributions from EURELECTRIC Members. All existing national obligations and practices as submitted by the participant countries are presented in detail in the attached ANNEX 1. 2.2. Specific Practices Specific practices of various countries, such as:

• Environmental impact studies • Public consultation meetings • Compensation to landowners • Right of Way • Special solutions i.e. compact designs etc., are summarised in Table 1 on the next page.

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Table 1: Summary of Practices in the Various Member Countries

Country Environmental Impact Assessment

Public Consultation Meeting

Compensation to Landowners

Right of Way for double circuit lines

Special Solutions Compact Designs

etc

Time span for approvals

Austria Full above 110 kV if exceeding 15 km route length

Yes for detailed study

Yes for affected use of land but no for EMF or visual Impact

110 to 380 kV up to a corridor of 2x30 m

Compact designs advocated, camouflage & each tower investigated by a specialist

Not specified

Belgium For lines of 220 kV and more, of 15 km or longer, not for underground cables or substations

Possible for lines and cables, depending on the size and tension

Yes, if land is bought or used for substations, lines or cables. No for EMF or visual impact.

No right of way is foreseen in the Belgian legislation

Special design when obliged by a competent authority

From half a year for underground cables of 36 kV, up to more than 8 years for 380 kV lines

Cyprus Full above 66 kV Yes for substations & lines above 132 kV


66 to 220 kV up to a corridor of 32 m

Compact designs where dictated by a competent Authority

From 3 to 8 years

Czech Not specified Not specified Yes for affected use of land but no for EMF or visual Impact

110 to 400 kV up to a distance of 20 m from outside conductor

Not specified Not specified

Denmark Full above 100 kV Not specified Yes if a new 400 kV line will pass less than 50 m from a farmhouse, for 132/150 nearer than 35 m.

Yes but not specified Special designs of towers are looked for through design competitions

Not specified

England Full for transmission lines, substations & underground cable works

Yes for transmission lines and substations


Yes but not specified Special designs where dictated by a competent Authority

Not Specified

2003-200-0005 8 March 2003

Finland Full for 220 kV for lines 15 km long Below depending on appropriate Authority



Yes but not specified Not specified From 3 to 5 years

France Full above 63 kV Yes for transmission lines and substations



Not specified

Germany Lines and cables in areas under nature protection



110 to 380 kV specified to the line and the landowner

Special design due to local situation in agreement with the authority

From 3 to 5 years

Italy

Full for 380/220 kV transmission lines longer than 15 km, below depending on Regional Authorities laws. For 150/130 kV transmission lines depending on Regional Authorities laws.

Authorisation procedure requires the entity in charge of the realisation of the new facility to make public announcement to the interested parties, in order to collect all the objections (if any).

Yes for the permanent disadvantages they have to suffer

130 to 380 kV up to a corridor of 50 m

Compact designs where dictated by a competent Authority

From 2 to ( years

Luxembourg

Full above 65 kV Not specified Yes for affected use of land but no for EMF or visual Impact

65 kV to 220 kV up to a corridor of 60 m

Special designs where dictated by a competent Authority

Not specified

Malta Not specified but may be required by Planning Authority which has to be notified in case of erection of 33 kV or higher voltage overhead lines.

Not specified Yes for damages to crops at the time of construction but no for EMF or visual Impact

For 11 kV – 10m corridor on either side of centreline For 33 kV – 20m: corridor on either side of centreline


2003-200-0005 9 March 2003

Netherlands Full for 220 kV for lines 15 km long. Below, depends on appropriate Authority

Not specified Yes for affected use of land but no for EMF or visual Impact

Not specified Not specified Not specified

Norway Full above 33 kV Yes for transmission lines and substations



From 2 to 3 years

Poland Full above 110 kV but between 110 and 220 kV depending on appropriate Authority



110 to 400 kV to a corridor of 2 x 33,2 m


Portugal Full above 110 kV Yes for transmission lines and substations


Yes but not specified Not specified From 3 to 5 years

Slovenia Not specified Not specified Yes for affected use of land but no for EMF or visual Impact

110 - 400 kV up to a corridor of 50 m

Not specified From 3 to several years

Spain Full for 220 kV for lines 15 km long Below depending on appropriate Authority




Not specified

Switzerland Full for transmission works




From 5 to 15 years

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3. Best practice approach Chapter 2 above and Annexes 1 and 2 to this report give in detail the practices in the various Member countries. Based on these practices a “best practice approach” is proposed in the paragraphs below, forming the basis for managing effectively future transmission projects. 3.1. Policy for new Substations When planning new substations, it is necessary to check different environmental aspects: land, water, vegetation, population, town planning, cultural heritage, infrastructure and protected natural site and landscape presented in the following table.

Aspects Detailed Description of Environmental Aspects Land The site should preferably be on fairly flat land. This would significantly cut

down the possible effects on the substratum by reducing the need for earth movements. The Area of the substation site must not be prone to floods or water stagnation. The substation site should not come within areas or spots listed in the inventories of sites of geological interest. The terrain should be big enough and have a suitable layout for housing all substation equipment and services, including any future extensions.

Water The site should be chosen so as to avoid any damage to the natural drainage network, especially to permanent surface watercourses, avoiding their interruption, and to ground-water recharge areas, to avoid any damage to the underground network.

Vegetation Where possible the substation should be sited in low-productivity farming areas or uncultivated land, avoiding areas in which the existing plant formations have a high ecological economic value. All wooded areas should in general be avoided, especially woodland formed by protected species, singular groups or riverside copses. The impact on vegetation of the future line corridors should be considered.

Fauna The site should be chosen so as to avoid any areas or spots listed as protected areas due to the importance of their animal communities.

Population & economy

As far as possible the substation must be sited away from population centres, isolated dwellings and areas of potential urban development. If technically this cannot be avoided then special design considerations ought to be sought. Zones with a tourist and / or recreational potential should be avoided as much as possible.

Town Planning The local town planning policy needs to be taken into account when siting the substation to avoid urban areas, development land or land held in reserve for possible future development.

Cultural Heritage

All areas should be avoided that contain items belonging to the cultural heritage, to prevent either direct damage, such as the deterioration or destruction of archaeological remains, or indirect, resulting from placing the substation in the vicinity of a monument and affecting its visual setting.

Infrastructures and other plant

Consideration should be given to the presence of any infrastructure such as radio and television antennae and / or relays, airports and aerodromes, other projects, generating plant or substations belonging to other electricity companies, deposits of fuel or flammable material, dumps, military sites or any other infrastructure that might impose limitations on the siting of the substation and the incoming lines from other substations.

Protected Natural sites & Landscape

Enlarging on the points already made under the heading of fauna, the substation should be sited outside and as far as possible from any areas listed as protected natural sites, especially national and natural parks, or other listings of similar

2003-200-0005 11 March 2003

standing. Wherever possible, the substation must be sited in areas of little scenic value.

Electro Magnetic Fields

Public exposures to electromagnetic fields should be in compliance with the appropriate national legislation or standards on exposure levels.

Table 2: Environmental aspects of Network Substations The substation will be connected to the network through overhead lines making it necessary to study the vegetation within line corridors in the vicinity of the substation. Line corridors have a great influence on the geographical orientation of the substation and may constrain the choice of the substation layout. Difficulties in establishing line corridors may be overcome by the use of multi-circuit pylons or other appropriate solutions, which may differ from case to case, e.g. short runs of underground cable. Where substations need to be built in load centres and the required environmental aspects (see Table 2) are violated then suitable designs of totally enclosed substations ought to be used that are fed with suitable underground cables. Such totally enclosed substations need to address additional technical and environmental aspects to those of conventional outdoor substations presented in Table 3.

Aspects Technical and Environmental aspects of totally enclosed substations Transformer oil Transformer oil, in case of a failure, needs to be collected in totally sealed basins

to protect the water strata of the neighbourhood. Access should be given to the fire brigade or other Authority to remove the collected oil in suitable containers and transfer it to an authorised plant for incineration or treatment.

Fire fighting and control

The substation has to be divided in distinct fire zones. Areas that are rated as high risk to catch fire need to be equipped with an approved fire fighting system that ought to be known to the local fire Authorities.

Noise The substation in full operation should be designed so that it will not add to the ambient noise level above the regulated limits.

Land Depending on the availability of land, enclosed substations can be built - Totally over-ground (cheapest and preferred), in close proximity with other buildings - Partially underground with physical ventilation and cooling of heated up areas, as part of a complex of buildings In exceptional cases, totally underground with forced cooling and ventilation

Table 3: Additional Technical and Environmental Aspects of Totally Enclosed

Substations

2003-200-0005 12 March 2003

3.2. Policy for new Overhead Transmission Lines With a view to building new overhead transmission lines, it is necessary to check different environmental aspects: land, water, vegetation, population, town planning, cultural heritage, infrastructure and protected natural site and landscape (see Table 4).

Aspects Detailed Description on Environmental Aspects Land The route of the line should preferably be as straight as possible, consistent with

the minimum visual and environmental impact. Water The siting of towers should be chosen so as to avoid any damage to the natural

drainage network, especially to permanent surface watercourses, avoiding their interruption, and to ground-water recharge areas, to avoid any damage to the underground network.

Vegetation Where possible the line corridors should be sited in low-productivity farming areas or uncultivated land, avoiding areas in which the existing plant formations have a high ecological economic value.

Fauna The line route should be chosen so as to avoid any areas or spots listed as protected areas due to the importance of their animal communities, especially those protected because of birds; or, if not possible, lines should be equipped with bird protection devices.


As far as possible the line corridor must be sited away from population centres, isolated dwellings and areas of potential urban, tourist or recreational development. If technically this cannot be avoided then special design considerations and construction practices ought to be sought.

Town Planning The local town planning policy needs to be taken into account when siting the line corridor to avoid urban areas, development land or land held in reserve for possible future development.

Cultural Heritage

All areas should be avoided that contain items belonging to the cultural heritage, to prevent either direct damage, such as the deterioration or destruction of archaeological remains, or indirect, resulting from erecting towers or conductors in the vicinity of such a monument and affecting its visual setting.

Infrastructure and other plant

Consideration should be given to the presence of any infrastructure such as radio and television antennae and / or relays, airports and aerodromes, other projects, generating plant, deposits of fuel or flammable material, dumps, military sites or any other infrastructure that might impose limitations on the siting of the line corridor.


Enlarging on the points already made under the heading of fauna, the line corridor should be sited outside and as far as possible from any areas listed as protected natural sites, especially national and natural parks, or other listings of similar standing. Wherever possible, the line corridor should be sited in areas of little scenic value


Public exposures to electromagnetic fields should be in compliance with the appropriate national legislation or standards on exposure levels.

Table 4: Environmental Aspects of Network Transmission Lines The overhead transmission lines should be of approved design to satisfy network requirements, unless other important environmental aspects are violated. In such a case other solutions ought to be sought that are technically and economically viable and acceptable. Underground cables are mostly used in developed areas, e.g. along approved roads or pavements. Due to their significant higher capital and operating costs at transmission

2003-200-0005 13 March 2003

voltages, they are normally considered only for short runs where an overhead line cannot be placed. Where local or other authorities are sensitive about the visual impact of overhead lines, supports of compact design and / or appropriate colour, more suitable for the specific line, should be used. Transmission line routes should generally be constructed as straight as possible having due regard to all relevant considerations on land that is classified in order of preference as follows. However, in some countries, practices could differ, in particular for topographical reasons. Also, the process of public participation can impact the final selection:

• Across low-productivity farming areas or uncultivated land • Across low plantation areas of low ecological value • Along highways, railways and intercity roads whenever local or national Authorities

permit it or support it • Any other case that is considered at national level acceptable and not violating other

recommendations in this Report 3.3. Simplified flow chart for a permit procedure In some cases it is possible to predict with some tolerance how long the permit process including Environmental Impact Assessment (EIA) and appeals will last. The expected time span for licensing varies from country to country and from project to project (from 3 to 15 years is indicated from the country reports in Annex 1) and the time span tends to increase as a result of public and political interest in projects. Figure 1 shows a typical flow chart for a permit procedure. It is not intended to represent the procedure that is followed in every country.

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Fig. 1: Simplified flow chart of a permit procedure for overhead transmission lines

Working-out of PreliminaryReport with need &Alternative Routing

Proposals

Appropriate Authority

EIA (EnvironmentalImpact Assessment)

Necessary?

Undertaking of EIA

Submissions of EIA andDetailed Project to


National Authorities

Central Authorities

Local Authorities

Owners of Other Services

Modification of Project

ModificationRequested? Local Inspection Conciliation

Approval of Project byAppropriate Authority

Application for ClearingPermit

Dept. of Forestry

Clearing Permit

Appeal? AppealQuashed?

NewAppeal?

Appeal?Coming Into Effect of theApproval

Preparation ofConstruction

Acquisition of Right of WayLand Acquisition

Expropriation(Subject to Appeal) Amicably

YesNo


Yes

No

Yes

Yes

Yes

No

Yes

No

No

No

New Project, Review orAbandon Project

Need

PreliminaryPhase

MainPermittingProcedure

2003-200-0005 15 March 2003

3.4. Life Cycle Assessment (LCA) The environmental impact of the construction, operation, maintenance and disposal of a substation or power line may be evaluated by Life Cycle Assessment techniques. These are defined and described in the ISO 14000 series of standards. Current work within Study Committees B2 and B3 of CIGRE will provide added useful information and techniques to the industry for managing effectively life cycle assessment issues of materials and equipment used in substations and lines. Typical components of substations (a similar list can be developed for transmission lines) serve to illustrate this complexity: • Chemicals for the preparation of the ground • Solid minerals (stone / aggregates) for the foundations • Metals (steel structures, copper conducting parts and earthing circuits, aluminium

busbars, silver for electrical contacts, complex alloys for circuit breaker interrupters) • Liquids (oil for transformers, coolant for air-conditioning of the buildings) • Gases (nitrogen, SF6) • Materials used in the manufacture of porcelain or glass insulators • Silicon products used for coating porcelain insulators or in the manufacture of

polymeric insulators • Wood and other packing materials used for delivery of components • Cables with synthetic insulation • Access roads • Transport of material A detailed design of a proposed substation or line should address the issue of Life Cycle Assessment of all proposed equipment to be used, capitalising on initiatives of manufacturers. The study should address the issue that following decommissioning, substation or line equipment must be disposed of in accordance with local regulations. It is strongly recommended that, as far as possible, materials are recycled. This is particularly appropriate in the following cases: • SF6 gas • Insulating oil • Copper and aluminium • Steel, timber, etc. 3.5. Achieving Public Acceptance The methodology to be followed for handling effectively the EMF issue and other related aspects in achieving public acceptance of new transmission lines and substations should be in accordance with the conclusions and recommendations of the EURELECTRIC report “The role of risk communication in EMF issue management” (order reference no. 2000-440-0011).

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4. Conclusion and recommendations Chapter 2 above and Annexes 1 and 2 to this report give in detail the practices in the various Member countries. Based on these practices a “best practice approach” is presented in Chapter 3 forming the basis for managing effectively future transmission projects. Some comments would evidently be valid similarly for larger distribution projects. From the practices in the member countries the following conclusions can be drawn: • Objections to the construction of transmission lines and substations can be managed

effectively if a realistic dialogue is developed between the various stakeholders, supported by a detailed environmental study confirming that the proposed development satisfies the relevant international standards and European Directives and recommendations, and makes use of the best available technology and practice.

• The procedures for approvals should be detailed and exhaustive, covering all possible

needs of affected authorities, publics, and landowners, and aiming at convincing them of the public importance and need for the proposed development. Where necessary, public consultations under the auspices of the appropriate authority under national law should be encouraged as a process for achieving approval by committing the interested parties to publicly argue their objections (if any) to the proposed development, at the same time committing them to put forward acceptable alternatives to meet the needs of the grid.

• Affected landowners must be respected and they should continue to own the affected

land unless the required development hinders to a predefined level the free use of the land. In such cases, the acquisition of the land must be possible through national law in return for reasonable and objectively determined compensation. In all other cases, landowners must be satisfactorily compensated through regulated procedures for the limitations that are imposed on the free usage of their land.

• The public acceptance of transmission lines and substations depends to a great extent

on the importance that the governing authorities ascribe to such needs. For this reason transmission system operators ought to be given detailed and exhaustive criteria on how to develop the grid system, and they ought to be supported by the national authorities in getting approvals for the projects. Later on, it should be verified that their erection complies with the secured approvals, especially with respect to their environmental impact.

With a view to adopting a harmonised “best practice” approach at European level, the following recommendations can be proposed:

4.1 New transmission lines should be built in accordance with relevant legislation or

standards concerning proximity to buildings, electrical safety clearances, etc. Normal good practice in the design of transmission lines leads to them sited, where possible, away from existing buildings. To this effect new rights-of-way should be secured to the greatest degree possible with equitable compensation to the affected landowners.

4.2 Public exposures to electromagnetic fields should be in compliance with the appropriate

national legislation or standards on exposure levels.

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4.3 The potential consequences of delaying or preventing needed infra-structural

investments in the transmission network are likely to be either the hindering of local, regional or national economic development or, in more severe cases, worsening the security of supply in specific areas, where the existing infrastructure becomes inadequate due to growing electricity demand or due to a new situation in the emerging liberalised electricity market. Authorisation procedures and timescales, while taking account of valid democratic concerns such as adequate time for the public or other stakeholders to register objections, should be balanced with a realistic appraisal of such impacts. Transmission system operators, national authorities including electricity regulators, relevant ministries and planning authorities at national, regional, and local level, bear the responsibility of maintaining close interactions in order to ensure that applications made by electricity companies for the construction of new transmission projects - whose need has already been acknowledged and whose design is adequately supported - are dealt with in a timely and co-ordinated manner.

2003-200-0005 18 March 2003

Annexes

ANNEX 1: Contributions of the following country members in alphabetical order: 1. Austria 2. Belgium 3. Cyprus 4. Czech Republic 5. Denmark 6. Finland 7. France 8. Germany 9. Italy 10. Luxembourg 11. Malta 12. Netherlands 13. Norway 14. Poland 15. Portugal 16. Slovenia 17. Spain 18. Switzerland 19. United Kingdom ANNEX 2: Additional relevant material • United Kingdom - The Holford Rules • United Kingdom - Guidelines on Substation Siting and Design • Luxembourg - Grand Ducal Decree of 4 March 1994 on environmental impact assessment

of certain public and private-sector projects ANNEX 3: Abbreviations

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Annex 1: Contributions of the following country members in alphabetical order Austria.......................................................................................................................................20 Belgium.....................................................................................................................................26 Cyprus .......................................................................................................................................27 Czech Republic .........................................................................................................................30 Denmark....................................................................................................................................32 Finland ......................................................................................................................................34 France........................................................................................................................................40 Germany....................................................................................................................................46 Italy ...........................................................................................................................................50 Luxembourg..............................................................................................................................56 Malta .........................................................................................................................................64 The Netherlands ........................................................................................................................66 Norway......................................................................................................................................68 Poland .......................................................................................................................................70 Portugal .....................................................................................................................................79 Slovenia.....................................................................................................................................95 Spain .........................................................................................................................................97 Switzerland .............................................................................................................................101 United Kingdom......................................................................................................................102

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AUSTRIA

Regulatory Controls and Compensation Policies for Overhead Transmission Lines in Austria

In the following the situation for new erected OH-lines in the voltage range from 110kV to 380kV is explained. The situation given below presents the situation as it is practice for Verbund and is derived from recently erected 380kV-lines. 1. Regulatory Controls 1.1 Legislatory Base The structure of Austria´s electricity industry is based on federal laws. The electrical energy sector follows the country's administrative principles and therefore presents a federal structure with provincial utilities for each province (and municipal utilities for big cities). These utilities mainly concentrate on their regions to meet the local demand. They run power stations and own transmission grids (in general till 220kV level). The nation-wide transmission grid of 220kV and 380kV to connect the provinces and to provide connections with neighbouring countries is owned and run by Verbund. Verbund has the function of a pooling company and also runs big scale hydro and thermal plants and cares for the nation's load dispatching. The procedures being applied to achieve permissions for the erection of overhead transmission lines are defined in Austrian laws. Two possibilities are distinguished: A. Electric power lines affecting two or more federal provinces: „Starkstromwegegesetz 1968“ is to be applied B. Electric power lines not affecting two or more federal provinces: „Starkstromwegegrundsatzgesetz 1968“ is to be applied These mentioned laws define, which authority is competent for the authorisation procedure (provincial or federal authority). The authorisation procedure itself is similar in both laws. Both laws do not cover power lines inside private property which are used by this proprietor and do not cover power lines for railways, mining industry, aeronautics, shipping, technical facilities of postal service or national defence or telecommunication purposes. In context with the said laws the expression „electric line“ is meant for electric facilities conducting electric energy and therefore also covers substations, transforming- and switching stations. Power lines are defined as lines exceeding 42 volt or exceeding 100 watt, regardless if overhead or buried.

2003-200-0005 21 March 2003

Lines of 220 kV and above and of a length of 15 km an above or if lines above 110 kV run through especially protected areas shall be subject to an environmental compatibility test according to EU legislation. In such procedures the public is party. The procedure explained in the following refers to power lines covered by the two said laws and especially refers to „A. Electric power lines affecting two or more countries - Starkstromwegegesetz 1968“ as more comprehensive. 1.2 Preliminary Study („Vorprojekt“), Preliminary Procedure („Vorprüfungsverfahren“) The authority may decide for a preliminary procedure in case the project will concern public interests in essential way. A hearing is to be held, all public bodies and authorities concerned by the project are to be invited. This procedure is neither open for landowners nor for the public. The utility has to provide a Preliminary Study presenting: • technical report including principle tower configuration • map in scale 1:50.000 indicating the proposed route The Preliminary Procedure concludes with a notice defining if and under which circumstances the project is in line with public interests. 1.3 Detailed Study („Detailprojekt“) On base of positive Preliminary Study the authority allows field survey, soil investigations, technical works etc. on site to prepare the detailed study. It has become common practice to investigate several technical variants and options (see also chapter 3 of this paper). 1.4 Authorisation Procedure The detailed study is base for the authorisation procedure. A hearing is to be held the same bodies are invited as for the preliminary procedure plus landowners concerned by the line´s right of way. Landowners outside the right of way are not party. The project is to be in co-ordination with existing energy supplying facilities. According to the law´s definitions the project has to consider the country´s nature, forestry, matters of protection against avalanches and torrents, regional planning, protection of environment and historical monuments, water resources policy and laws on water supply, public transport, other public supplies, national defence, safety of airspace and personnel care. Representatives from the mentioned bodies are to be invited to the hearing. The procedure is to be held in each concerned commune. It is not open for the general public. Papers being presented by the utility are: • technical report including purpose and operation of the line, tower configuration, type

of conductors, etc. • ground plan with indicated line and r.o.w in detailed scale • land register with data of landowners and public areas of the concerned region

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In case of positive conclusion the authorisation procedure ends with a notice, giving permission for the erection of the line if the project is not in contradiction with the public interest of the population (or parts of them) on supply of electrical energy. The notice is sent to each concerned body (landowners, authorities, etc.). Right to object by the supreme court exists within 6 weeks after receipt of the notice. 1.5 Final Project, Taking into Operation Alterations and obligations from the authorisation procedure lead to a final project which is base for the construction works. After finalisation of works the line is energised provisionally and checked by the relevant authority. Provided positive test run and provided the realisation is in line with the provisions from the authorisation procedure, the right to use is given by notice. 2. Compensation Policies 2.1 Principles 2.1.1 Legislatory base According to Austrian laws nearly no areas exist which are restricted for OH-lines. In other words, residential- and school-buildings may be crossed by lines as well as industrial and trading complexes, sports grounds, public parks and other facilities. Austrian regulations „ÖVE-L11, Construction of overhead power lines of more than 1kV“ define very precisely clearances and measures which shall be taken when crossing or approaching facilities. (as example see §25.3 - crossing of industrial and trading complexes... - and §25.4 - residential and school buildings .... - in Annex 1). As far as can be seen no change of this legal situation may be expected in near future. In practice line routing deviates polluted areas and especially deviates residential buildings, schools and playgrounds whenever possible. (It shall be mentioned that CENELEC TC11 works on the standard „General design requirements of OH electrical lines exceeding 45kV“. The newest draft of this standard also allows crossings of the said facilities under certain provisions.) 2.1.2 Compensation In the following the expression „compensation“ is understood to compensate permanent disadvantages as a result of the existence of a line. Compensation is a singular payment and is calculated for the whole life-span of the line. Payments to compensate disadvantages from access during construction or during maintenance are not covered under „compensation“ as meant here. They are paid separately. Compensations refer to the right of way solely. No compensation may be claimed for property located outside this strip. Assumed risks from the line (e.g. from EMF) or visual impacts are not considered for compensation, neither from inside nor from outside the right of way.

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Compensation is paid for towers on property and crossing of property. Titles for compensation in case of towers are: reduction of use of land or reduction of crops and difficulties in cultivation. Titles in case of crossings are depreciation of property. If no financial agreement can be achieved between utility and owner, the utility may ask for expropriation. In this case the authority defines the value of compensation on base of expertise provided by authoritative experts. 2.1.3 Right of way Right of way is defined as follows: • for 380kV lines, two systems: 2x30m • for 380kV lines, four systems: 2x33m • for 380kV lines, two systems plus 110kV lines, two systems: 2x30m • for 220kV lines, two systems: 2x30m • for 110kV lines, two systems: 2x25m 2.2 Compensation Policies with private landowners Compensation is calculated on base of a skeleton agreement which is achieved between the utility and the relevant Regional Chamber of Agriculture (Landes-Landwirtschaftskammer). This agreement is negotiated for each new project with each concerned Regional Chamber of Agriculture. 2.2.1 Compensation for Agricultural Used Areas Compensation for towers The area for compensation payments for towers is calculated according to the formula F = ( a + 10 ) x ( a + 22 ) where „F“ is the area in m2 and „a“ is the width of the tower footing in meters (distance from leg to adjacent leg) in case of lattice towers and is applied analogously for tubular poles. This formula results a rectangular area for compensation payment, considering any possible difficulties from any direction of work for cultivation. The quality of land is divided into four main categories: • category 1: arable land and gardens • category 2: pastureland • category 3: poor quality pastureland • category 4: non-productive land

These categories are split up into four subcategories depending on different quality of soil and crops. To present representative values: a tower with 10m footing width leads to compensation of ATS 4.133,- (app. US$ 375,-) in case of non productive land and ATS 82.656,- (app. US$ 7520,-) in case of best quality arable land (all values from 1995).

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If more than one new lattice tower is planned to be erected on one field, the compensation increases by 15% for the second tower and increases by 30% for the third tower, etc. If lattice towers from other lines already exist on the field in question, for calculation of compensation these existing towers are to be taken into account similarly (as if they were new erected ones). No additional compensation is paid for these existing towers. This agreement is only valid for lattice towers as they create more difficulties for cultivation than poles or concrete structures. Compensation increases by 30% for towers which are erected up to 100m from the farmstead and increases by 10% for towers 100-150m distant. This agreement considers the increase of value of land near to the farmstead. Compensation for crossings Compensations for crossings in free span are independent from the kind or quality of the crossed land and are therefore calculated by fixed values. Concerned is all property inside the strip of right of way. A typical value is ATS 5,24 (app. US$ 0,45) per m2. Basic rate In addition to the payments mentioned above, for each servitude agreement a lump-sum is paid to the landowners to compensate their efforts for negotiations, notary attests, administrative certifications, etc. In this context one „servitude agreement“ refers to all property of one landowner concerned by the line project. 2.2.2 Compensation for private woodlands Compensation for forests is defined by authoritative experts for forestry and may vary depending on the kind and age of wood and expected duration to regular timber. Costs for reforestation is to be paid by the utility separately and is not part of compensation. Therefore no values can be given here. 2.2.3 Compensation for Industrial or Residential Areas Only owners of properties within the right of way are entitled for compensation. The value for such compensation is negotiated between owner and utility or is defined in expertise by authoritative experts. No claims from outside the strip of right of way are possible. 2.3 Compensation Policies for public property Public bodies as e.g. Federal Railways, Federal Forests Administration, Federal Postal Services, Federal Highway Administration, etc. have achieved skeleton contracts with utilities comprising all aspects of use of their land and compensation agreements. 3. Additional measures by utilities to achieve permission Apart from measures as indicated above, steps in addition to the ones demanded in laws are recommended as helpful to achieve acceptance by the public and to get permissions.

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To give an example: the following measures were taken to realise a 380kV-line project in Austria recently: • An expertise by order of the authority investigated the national and local energy

situation and use of land depending on different variants. Economic and ecological aspects were considered as well as reduction of losses. Reduction of primary energy due to a more effective grid are stated. Expected audible noise and the problematic of EMF is discussed.

• Expertise „Investigation of effects on nature and landscape“ were carried out for each concerned commune, evaluating effects on fauna, flora, biotopes and landscape

• During construction work the utility installs an „Ecological Site Control“ by an independent landscape architect. These experts are on site during complete working time. They investigate and check soil, vegetation (e.g. protected tree population, small forests), flora (esp. endangered or rare kinds, breeding-places, air lanes of birds), biotopes of special ecological and/or scientific interest. App. 260 tower locations, representing 73% of the total line are concerned by these measures.

• The utility accepted to pay compensation resp. remedy for impairment of landscape caused by the line.

• Compacted tower configuration was chosen • Electrical systems from other utilities are carried on the same construction as multiple

circuit line so that old lines can be dismantled. • In sensible regions the line is constructed as „camouflage line“ with towers, conductors

and fittings coated in dark green colour. To present Verbund´s policy in the field of environmental concerns and protection, the company issues an annual „Environmental Report“ covering hydraulic and thermal production, transmission grid, existing and future measures. paper for CIGRÉ SC 22 (WG 14) prepared by H.Lugschitz Verbund Am Hof 6A, A-1010 Vienna, Austria

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BELGIUM

Existing obligations and practices.

Environmental Impact Assessment: compulsory for lines of 220 kV and more, of 15 km or longer, not for underground cables or substations.

Public Consultation Meeting: possible for lines and cables, depending on the size and tension. Compensation to landowners: yes, if land is bought or used for substations, lines or cables (see next question). No for EMF or visual impact. Right of way for double circuit lines: no right of way is foreseen in the Belgian legislation, only an authorisation to go through or over private property, where no building or walls are (or equivalent in respect of privacy) ; if the owner gets a building permit of if he places a walle around his property (or equivalent fencing), the consequence is that the line or cable should be removed at that moment ; therefore, utilities have as often as possible bought property for placing their towers (generally underground cables are placed in the public domain) ; the above mentioned authorisation, always demanded, then only serves to hang conductors over underlying private properties. Special solutions, compact designs, etc.: special design when obliged by a competent authority. Time span for approvals: from half a year for underground cables of 36 kV placed in streets, up to more than 8 years for 380 kV lines. Johan Mortier

2003-200-0005 27 March 2003

CYPRUS

Public Acceptance of Transmission and Distribution Lines and Substations

1. Introduction Cyprus under the current law depends wholly to the Electricity Authority of Cyprus (EAC) for generating, transmitting and distributing electricity to all customers. The integrity and reliability of the transmission and distribution network is entirely in the hands of EAC the semi-government company, which is wholly owned by the Cyprus Government. 2. Legal Obligations for System Expansion In Cyprus the following existing national obligations are binding on all interested parties: 1. New transmission lines of whatever voltage or extensions of existing transmission lines

need to secure the following approvals:

• Secure a permit from the Town Planning and Housing department • Government approvals from all relevant Central and Local Authorities • The written consent of the affected landowners (tower erection and/or line

crossing). A compulsory way-leave can be secured from the District Officer whenever landowners refuse their written consent and the District Officer considers the proposed development as essential and in the National interest.

2. New transmission lines and substations of whatever voltage or extensions to existing

transmission lines and substations ought to go through a national approval process supported by a full Environmental Report.

3. For new distribution lines and extensions to existing ones the legal requirements of 1

and 2 above apply except the requirements for a permit form the Town Planning and Housing department and the submission of an environmental report. For new distribution substations the legal requirements of 1 and 2 above apply except the requirement for the submission of an environmental report.

4. The intention of building a substation covering an area of more than 50 sq. m but less

than 250 sq. m must be made known to the public by affixing on the land a notice-board describing the intentions of the Utility.

5. If the substation to be built is covering an area more than 250 sq. m then in addition to

the public announcement through a notice board or otherwise, the approval process may involve a relaxation through a public hearing process depending on the decision of the Town Planning and Housing department.

6. At the absolute discretion of the Town Planning and Housing department every

submission for approval of a new transmission line, in addition to the requirements

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referred to in the paragraphs above, it may involve relaxation through a public hearing process.

7. New transmission lines are designed and constructed with the understanding that a

“green” corridor is to be secured, free from any buildings: • of 20 m width for 66 kV transmission lines • of 25 m width for 132 kV transmission lines

8. Transmission line conductors should be constructed to meet the following clearances

from ground under the worst possible operating conditions: • more than 6,0 m at all points except at crossings with highways and controlled

areas in substations • more than 7,2 m when conductors cross highways

3. Experiences and Practices Going through a rigorous approval process, competent Authorities have shown a preference to compact line designs in areas that approach residential areas and they are exposed to public view along highways, busy country roads or the banks of riverbeds. Due to rapid land development that is related to the advancement of tourism industry throughout Cyprus the electricity industry in Cyprus is facing serious objections to the construction of new transmission lines. Discussions between the transmission network owner and the various interested parties (central and local authorities and landowners) are very often prolonged resulting in serious delays for the completion of required transmission links, hence, reduced reliability of supply to the affected consumers. Very often an average time of about four years for the planning, designing, construction and commissioning of an overhead transmission line or a transmission substation can be delayed for as long as four to six years, thus making the whole time of some projects to be completed nearing ten years. This length of time is, from network development point of view, totally unacceptable requiring positive action from all interested parties, hence, the need for careful consideration of means to achieve “public acceptance of transmission lines and substations” In a recent example for the establishment of a new substation in the tourist area of the town of Paphos in the west part of the country EAC accepted the following endorsements from the District Officer and the Town & Planning Authorities in order to receive the go-ahead for the project that is currently under construction: • The 132 kV substation of total capacity of 120 MVA to be of the totally enclosed type

with GIS 132 kV switchgear and underground cable connections to the transmission and distribution network.

• The transmission connection to the rest of the network to be a synthesis of the following:

A double circuit overhead line with lattice type towers of total length 2,8 km A double circuit overhead line with monopole compact towers of total length 3,6 km A double circuit XLPE underground connection to the substation of length 0,6 km

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On completion of an access high way road (within three to four years) that shall connect the tourist area to the rest of the town, the underground connection to be extended backwards and replace the above referred compact type overhead line of total length 3,6 km.

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CZECH REPUBLIC

Public acceptance for new transmission lines and substations

In the enclosure you can find a fulfilled table with an overview about the basic legal laws and regulations regarding the building or extension of new substations or overhead lines in Czech Republic. Safety areas of overhead lines and substation are as follow: • the boundary of right of way is in the distance of • 12 m from the outer phase conductor of OHTL 110 kV • 15 m from the outer phase conductor of OHTL 220 kV • 20 m from the outer phase conductor of OHTL 400 kV • the boundary of right of way for substation is in the distance of 30 m from landed estate

that belongs to the substation (outdoor fence) Within the right of way is strictly forbidden to build any overground constructions, carry out any activities dangerous for the equipment and grow plants higher than 3 m. An exception may be given by ČEPS, a. s. The new building and extension of existing equipments is regulated by the “Building Law”. This law defines the process of preparation and carrying out of particular projects including the list of parties that have to approve the solution. During preparation and building of substation or overhead line must be kept all rules and standards relating to technical, ecological and other aspects of public requirements. Because of we haven’t built any new substation or overhead line in the last several years our direct experiences are limited. But we can say that main problem with new building or extension is to get approvals of landowners that means to buy a land or to burden a land with a limitation of using in the case of overhead lines. Technical, ecological and other requirements hasn’t been actual obstacle. In the cases of extension or refurbishment of substations and OHTL we have to solve problems with the quality and cleanness of water flowing out of substation, a noise level and in oldest substations with contaminated soil (transformer oil). For example: • substitution of old transformers – in many cases it means to refurbish the transformer

site including mining by oil contaminated soil under the transformer and reclamation of it

• cleaning of water polluted of transformer oil – we use the cleaning stations based on using fly ash from power station (very simple and effective solution)

• anti-noise measurements – in last case we have put a transformer 400/110 kV, 250 MVA in special container, usually we solve this problem with building anti-noise walls or by using a new transformers with low noise-level

• replacing of special components of OHLT – to avoid for instance radio interference effects on bounded phase conductors there is necessary to replace existing spacers for the new ones (damping spacers).

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The law no. 458/2001 Sb. (so called “Power energy law”) deals in Czech Republic with compensation of landowners for using their land for construction and operation of transmission equipment (overhead lines and substations). Before the local authorities give a permission to construct a new substation or overhead line the Transmission grid company has to have an agreement with owner of the land (contract) about encumbrance set up – that is agreement with construction of a new substation or overhead line on the landowner´s land. The landowner has a right to get one-shot payment for his property or for limitation of using of his property. Level of payment is calculated with a help of other laws and regulations e.g. law no. 151/1997 Sb., no. 289/1995 Sb. or regulation no. 55/1999 Sb. Result of the payment level depends at the end on results of negotiation between a landowner a company. When the results of negotiation are negative local authorities have possibilities to make decision and eventually a court. By construction of substation the company buys always the needed land. By construction of overhead line the company buys or rent the land for construction of towers. For operating of substations and overhead lines are defined safety areas where are forbidden some activities e.g. growing of plants higher then 3 m. Theoretically should the landowner maintain this safety areas. Actually does the maintenance the company on its own costs. With a landowner is necessary to agree the way how to use the wood which is still a property of landowner. From: ČEPS, a. s. Czech Republic Ing. Petr Zeman, [email protected] Prague, 18.5.2001

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DENMARK

Public Acceptance of Transmission Lines and Substations – Process of Approval In order to build new transmission lines and substations you need approval according to 2 sets of legislation: • The Electricity Act • The Planning Act In relation to the Electricity Act the need for the transmission line must be shown. In relation to the Planning Act the siting of the transmission line and of substations must be approved. As Denmark has a minister of Economy and Industry the approval according to the two laws in the end is in the hand of one minister. 1. The Electricity Act In order to build new transmission lines of more than 100 kV an approval by the minister of Economy and Industry (Danish Energy Agency) is needed according to the Electricity Act. The approval focuses on the need for the line. The most important justifications are: • The need to collect electricity from new generating installations. A recent example is the

building of major off shore wind turbine farms • Security of supply. A recent example is a weak part of the grid in western Denmark It is yet to be seen if the proper functioning of the Internal Energy Market is a valid justification. Elements of that sort have been incorporated in recent applications. It has caused some public debate and in the approvals it is apparently not mentioned. 2. The Planning Act The Planning Act regulates most aspects of physical planning. The planning – including approvals – is done at 3 levels: • Local (by the municipalities) • Regional (by the county administrations) • National (by the minister of Environment and Energy) A new transmission line in order to be built must be incorporated in the regional plans of the counties in question. The regional plans are made every 4 years, but a new line can be incorporated as an addendum within the period. The approval procedure focuses on the siting of the line and the visual impact. EMF is also discussed – relating to dwellings close to the planned line – but seems not to be a major issue now. The approval process in itself does not go very much into details. However the Environmental Impact Assessment carried out at the same time does this and ensures the strong involvement of the public plus illustration of alternative solutions.

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It is important to be aware, that the national planning authority can issue guidelines for the regional planning and can even overrule regional decisions. In a recent case two county administrations decided differently on the same line and the minister (the national planning authority) took the final decision. The local planning is relevant in relation to siting of substations. 3. Experiences Both the regional approval procedure and the EIA public phase to some degree creates obstacles to the planning of the transmission company. However, acceptable changes to the project normally leads to an approval in the end. Among the changes necessary have been change of trace and cabling at especially sensitive areas. In one case – a feeder line for an international DC interconnector – the call for cabling resulted in a major piece of DC-line on land. Concerning the visual impact an increasing focus is on tower designs, and in a recent case a design competition is part of the planning process of the transmission company.

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FINLAND

Transmission Line Building

1. Introduction Fingrid Oyj, the operator of the national electricity transmission grid in Finland, is responsible for the operation of the Finnish power system. The company owns practically the entire transmission grid in Finland and all the foremost connections beyond the national borders. There are approximately 14,000 kilometres of transmission lines and almost 100 substations. Grid operation in Finland requires a related permit, and Fingrid's operations are affected by several important obligations stipulated in the Electricity Market Act. Fingrid is responsible for the unrestrained transmission of electricity in the national grid. The planning and building of a new transmission line is a multi-phase process governed by law with the landowners and other interest groups having an opportunity to influence the progress of the process. In this process, attention must be paid to financial and technical utilitarian viewpoints and also to land use and environmental aspects. The redemption and building of transmission lines is affected by the following laws, among others:

1. Act on the Amendment of the Act on The Environmental Impact Assessment Procedure

(5 March 1999) and Decree on the Environmental Impact Assessment Procedure (5 March 1999)

2. Electricity Market Act (17 March 1995) and Decree (7 April 1995) 3. Act on the Redemption of Immovable Property and Special Rights (29 July 1977) 4. Building Act (5 February 1999) and Decree 5. Antiquities Act (17 June 1963) 6. Nature Conservation Act (20 December 1996) and Decree (14 February 1997)

The total transmission line process includes two main phases. The Environmental Impact Assessment procedure (EIA): • Assessment Programme • Assessment Report

The Building Phase: • Building Permit • Field Investigations • Detailed Planning • Redemption Procedure And Handling Of Compensations

2. Environmental Impact Assessment procedure (EIA) A building project for a transmission line of at least 220 kilovolts (kV) and more than 15 kilometres in length starts through the Environmental Impact Assessment (EIA) procedure.

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In the case of building projects for transmission lines below 220 kV, potentially causing significant adverse environmental impacts, the Finnish Ministry of the Environment makes the decision concerning the necessity of the EIA procedure. The EIA procedure, which is based on law, investigates the immediate and long-term environmental impacts of significant projects. The objective of the procedure is to involve environmental issues in planning so that they have a role equal to financial, technical and social aspects.

The EIA procedure also enhances the opportunities of landowners and other interest groups to obtain information, participate in the process and influence issues which are important to them as early as during the planning phase. The various alternatives of the project are examined in the procedure – including the so-called zero option, where the line is not built at all – and the following impacts, among others, are also assessed: • Impacts on human health, living conditions and comfort • Impacts on soil, water, air, climate, vegetation, life forms and biodiversity • Impacts on community structure, buildings, landscape, townscape and cultural legacy • Impacts on the utilisation of natural resources and on their mutual interdependence

3. Phases of the EIA procedure 3.1 Assessment programme At the first phase of the EIA procedure, Fingrid draws up an assessment programme, i.e. a working plan of which impacts and alternatives are to be investigated and how. The assessment programme is announced in daily newspapers and displayed for public inspection for at least one month, usually for two months. During this time, it is possible to submit comments and complaints concerning the programme. In addition to authorities, all those whose circumstances or interests are affected by the project can submit statements concerning the programme. Next, the regional environment centre compiles the statements and remarks made of the programme, and based on these, it submits its own statement to Fingrid for the drawing up of an assessment report. 3.2 Assessment report The assessment report describes the environmental impacts of the project. The report is announced and informed as above and displayed for public inspection for 30 to 60 days, during which time it is possible to submit remarks and complaints of the report. The regional environment centre compiles these remarks and statements by authorities and gives its own statement, after which Fingrid decides what type of a solution it will pursue.

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4. EIA as a support for decisions Fingrid carries responsibility for the contents of the permit application – i.e. for what type of a line route the application for the redemption permit will concern. In the making of this decision, the Environmental Impact Assessment is used to support decision-making. When applying for a building and redemption permit for a 400 kV transmission line, the EIA report must be appended to the application. The EIA procedure usually takes 12 to 18 months. 5. The building of a transmission line The building of a transmission line can begin only after an agreement has been made of the repossession of the related areas or after the government has granted a permit for the project. 5.1. Building permit The Electricity Market Authority takes a stand on the necessity of the line project when it handles the building permit application prescribed in the Electricity Market Act. 5.2. Field investigations Field investigations relating to the line route require a permit from the State Provincial Office, granting Fingrid the right to examine the line route with alternative routes. All relevant landowners must be informed of the field investigations 7 days before they start. If necessary, field investigations can be started already during the EIA procedure. Potential damage caused during the field investigations is compensated for either during or after the investigations. 5.3. Planning The final line route and the locations of towers are planned on the basis of the field investigations, and the tower locations are marked in the terrain. At this stage, landowners can still present their own views.

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E I A P H A S E:

ASSESSMENT PROGRAMME(FINGRID) ▼

ASSESSMENT PROGRAMME IS DISPLAYED FOR PUBLIC INSPECTION ▼

REMARKS AND COMPLAINTS (LANDOWNERS, AUTHORITIES, MUNICIPALITIES ETC.)

▼ STATEMENT BY THE ENVIRONMENT CENTRE

(REGIONAL ENVIRONMENT CENTRE) ▼

ASSESSMENT REPORT IS PREPARED (FINGRID)

▼ ASSESSMENT REPORT IS DISPLAYED FOR PUBLIC INSPECTION

▼ REMARKS AND COMPLAINTS

(LANDOWNERS, AUTHORITIES, MUNICIPALITIES ETC.) ▼

STATEMENT BY THE ENVIRONMENT CENTRE (REGIONAL ENVIRONMENT CENTRE)

▼ FINGRID'S DECISION CONCERNING THE LINE ROUTE

WILL BE USED AS THE BASIS FOR FURTHER PLANNING

EIA PROCEDURE FINISHES

B U I L D I N G P H A S E: ▼

BUILDING PERMIT (EVALUATION OF THE NECESSITY OF THE LINE BY ELECTRICITY

MARKET AUTHORITY) ▼

FIELD INVESTIGATIONS (FINGRID, BY VIRTUE OF PERMIT FROM STATE PROVINCIAL OFFICE)

▼ DETAILED PLANNING OF LINE TOWER LOCATIONS

(FINGRID) ▼

HEARING OF LANDOWNERS OR ADVANCE AGREEMENTS (FINGRID)

▼ HANDLING OF REDEMPTION PERMIT APPLICATION

(MINISTRY OF TRADE AND INDUSTRY) ▼

REDEMPTION PERMIT (GOVERNMENT)

▼ REDEMPTION PROCEDURE AND COMPENSATIONS TO LANDOWNERS

(LOCAL SURVEYING OFFICE/REDEMPTION BOARD)

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6. Redemption permit application The redemption and advance repossession permit application concerning the line area is handled by the Ministry of Trade and Industry. The appendices of the application must include appropriate maps, specification of redeemed areas, EIA report as well a statement by the contact authority concerning this report. Before this, there is either a hearing meeting for the parties concerned, prescribed by the Redemption Act, or Fingrid attempts to make advance agreements with the landowners concerning the building of the line. The Ministry of Trade and Industry requests the necessary statements from authorities, municipalities and those parties concerned who have not made an advance agreement with Fingrid and who have not been heard otherwise. After obtaining all the statements, the Ministry requests Fingrid to submit an answer to them. 7. Redemption permit The Finnish Government grants the redemption and advance repossession permit, and an appeal against it can be lodged with the Supreme Administrative Court. The handling of the redemption permit usually takes 6 to 12 months. 8. Redemption procedure and compensations to landowners The Government decision concerning the redemption and advance repossession permit is delivered to the local surveying office where the redemption procedure is launched. The amount of compensation for redemption to be paid to the landowners is defined and decided by a redemption committee, which is headed by a supervisory engineer employed by the National Land Survey of Finland. The other members of the committee are two trustees appointed by the local Council. Fingrid is not represented on the redemption committee and is not involved in decisions concerning the compensations.

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REDEMPTION PROCEDURE AND HANDLING OF COMPENSATIONS REDEMPTION PROCEDURE (Redemption committee)

STARTING MEETING ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼

FURTHER MEETING (when the line is ready)

▼ SITE REVIEW

▼ FINAL MEETING

– – – –

– – – –

– – – –

Decision on advance compensations and advance repossession ▼ Clearing of trees in the line area ▼ BUILDING OF THE LINE ▼ Repair or compensation of damage caused during the building work ▼ Presenting of claims ▼ Redeemer's answer to the claims ▼ Presenting of compensation decisions ▼ Payment of compensations

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FRANCE

This memorandum sets out the regulatory and social context for the implantation of new transmission grid lines in France, as well as the consultation initiatives set up the by transmission grid manager, RTE. 1. The legislative and contractual framework 1.1 The reference legislation The general legislation • The Act of 1906 on the distribution of electrical energy enacted the first organization

for the French electricity sector. • The Act of 1946 on the nationalization of the electricity and gas industries created the

EDF and GDF. • The Act of February 10 2000 transposes the directive of February 19 1996 on the

internal electricity market into French law. This Act provides that the utilization, maintenance and development activities for the EDF network will be situated inside a GRT which is "managerially independent from the other activities of Electricité de France" (art.12). This Act also created the RTE (Réseau de Transport d’Electricité), the transmission grid manager, whose task is to utilize, maintain and develop the high voltage (90 000 Volts and 63 000 Volts) and very high voltage (400 000 Volts and 225 000 Volts) transmission grid, whilst “ respecting the environment ”. This grid is upstream of the public distribution grids, which are the responsibility of the transmission network managers. (GRD).

The legislation on environmental protection • The Act on protecting nature of 1976 which enacted the protection of nature as a legal

concept. • The decree of application of 1977, which introduced the impact study and the public

inquiry. • The Act of July 12 1983, which democratised public inquiries. • The Barnier Act of 1995 broadened this right of participation to citizens, by creating a

“National Public Debate Commission”, responsible for organising Public Debates connected with the big development operations when they have a strong socio-economic impact or an significant influence on the environment, and creating the possibility of recourse to a cross appraisement.

The contractual framework and “good conduct ” • The agreement which was signed between the State and EDF in 1992, which changes

with the State-Company agreement of 1997, and the draft agreement which is in the process of being signed at the present time, brings in a three phase consultation (on the study area, the zones and the detailed route) with more players than before: elected representatives, Government departments, and associations).

• The “1997 Consultation Charter ” defines the procedures for organising the consultation by introducing two new concepts: the possibility of appointing a

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"guarantor" for the consultation (mediator) and differentiating the project's consultation from the consultation on the program which it is part of.

The legislation on the safety of installations The technical Order of May 17 2001 governs the “ technical conditions, which energy distribution must satisfy ”. 1.2 The consultation procedures for electricity lines The consultation begins very upstream of the projects. It brings all of the parties together (government departments, representatives, associations, etc) and comprises several stages: • Confirmation of the project’s technico-economic value: by the Industry Ministry for

225 or 400 kV structures or its decentralised departments (The Industry’s Regional Management’s for Research and Development) for lower voltage structures (63 and 90 kV).

• The choice of the study area is the first phase of the consultation, and is carried out under the aegis of the Prefect. The RTE presents the main environmental constraints in the study and is assisted by a firm specialising in impact studies. The Prefect chooses the final study areas, after consulting the players involved.

• After an in-depth study of the study area with its environmental constraints, the RTE proposes several possible zones with the associated impact reduction measures. These are examined in a consultation meeting, and the Prefect endeavours to obtain consensus on the part which is considered to have the least impact. The Industry Ministry (for 400 or 225 kV lines) the Prefect (for 90 and 63 kV lines) endorses this choice (or arbitrates if required).

• If the National Public Debate Commission is referred to (normally once the study area has been demarcated and all of the constraints established, and for the 400 kV lines of over 10 km in length only) the Commission can instruct a Special Committee to open a public debate on the “project’s main objectives and characteristics”. At the end of this debate, the Special Committee draws up a report, which enables the competent authorities to decide whether or not to continue with the project.

• At the end of the consultation, a request for a Declaration of Public Utility (DUP) is sent to the competent government authority (Prefect or Industry Ministry). The Prefect then carries out a government investigation, and the public inquiry begins. This purpose of this inquiry is to inform the public and to enable the public to take part before the works are carried out. The impact study, which is carried out gradually during the consultation, is the central part of the public inquiry.

• The Prefect draws up a synthesis of the results of the administrative consultation and the public inquiry. He is then able to sign the DUP for 63 and 90 kV lines. The Industry Ministry signs the DUP for 225 and 400 kV lines.

• The detailed route is updated in consultation with the owners concerned and with the public authorities, which examine the demand for the approval of the final plan, with the Town Hall and department involved. The latter check the structures’ regulatory conditions, notably regarding safety. The minimum safety distances vary according to the level of voltage involved, and the use of the land crossed. For example, for farmland, the minimum distance is 6.50 m for 63 and 90 kV lines, 7.10 m for 225 kV lines and 8.00 m for 40000 kV lines.

• A building permit (granted by the Prefect) is also required for aerial cables. • At the end of the dialogue phase with the owners, RTE recommends to each owner that

they sign a friendly right of way combined with an indemnity to compensate the

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prejudice to easements due to the presence of the structure. This agreement specifies the RTE’s and the owners’ rights and obligations. (Penetrating priorities, pruning, etc) If there is a disagreement, an easements investigation is launched, which results in the establishment of easement encumbering the lots affected by the Prefectoral order approving the detailed route.

1.3 The special case of stations The consultation procedures for the stations as well as the lines are similar. However, there is a difference in size. The RTE must acquire the land on which the station will be built: there must therefore be no easements. The procedure for purchasing the land is by way of private agreement as far as possible. If this is unsuccessful the DUP demand procedure is necessary. It results in a compulsory purchase order, leading to a transfer in title to RTE. 2. Developments in Society 2.1 Changes in public opinion1 Public opinion in general considers that the lines cause comparatively little interference compared to other infrastructures or industrial sites. This level of acceptance is relatively stable over time “In your view, which of the following two installations cause the most interference for inhabitants living close to them?" 1996 1998 2000 An airport 51.3 53.8 59.6 An underground storage site for nuclear waste 40.6 37.4 32.3 A chemical factory 38.7 36.7 34.6 A rubbish tip 30.5 35.9 30.8 A nuclear power station 16.8 14.6 15.4 A motorway 9.2 8.4 10.7 A high voltage electricity line 7.7 7.2 7.9 A Express train rail track 2.8 1.5 2.5

However, more and more French people think that electricity lines can affect the health. "Can the presence of high voltage electricity lines affect the health of people living close to them?" 1996 2000 Yes 27.9 34.0 No 17.4 12.7 I don’t know 54.4 52.1

1 All of the data presented here is drawn from the EDF – R&D Environment Barometer

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Lastly, public opinion considers that a “right of refusal” for people living close to a large infrastructure project is justified. This rate is also increasing. "When there is a risk that the local residents will suffer inconvenience caused by a large project such as a rail track, a motorway or a canal, would you say that it was necessary to: 1996 1998 2000 Grant these local residents the right to refuse the project 58.4 58.8 60.3 Maintain the project by correctly indemnifying these inhabitant

29.6 27.5 27.2

No opinion/NA 12.0 12.7 12.5 2.2 The change in opposition to lines Before the end of the 1980’s, the consultation only involved Government departments and the town halls2. The local residents learnt of the existence of the project when the approaches for amiable agreements were made, and logically, the opposition arose at this moment. This opposition usually involved a well-defined, tricky route (close to houses, etc) and was sometimes violent (sabotage of building sites, opposition to works, with the involvement of the police, EDF agents threatened, and even a murder). The nature of the opposition has changed since the end of the 1980’s: it appears more upstream of the project (from the announcement of the project), is no longer violent (the people living close by are no longer faced with a fait accompli) and higher "general" arguments are used (lack of public utility, principle of precaution, polluter-payer, insufficient public involvement, for a different energy policy etc.) The movement has set up a minimum of coordination during the 1990’s: a federation of anti-THT associations was created in 1993, and a web site appeared in 1999 hosted by the anti-nuclear associations. Lastly the opposition is not afraid of using legal proceedings as a weapon against the developer. This change can be explained by three main factors: • The credibility of the public authorities has weakened following cases of corruption,

and economic globalisation, especially in the health field (the cases of contaminated blood, mad cow’s disease, asbestos, etc) In addition, democracy is changing: more decentralisation and delegation of the State’s powers (the increase in semi-public companies, and associations under the Act of 1901) is leading to a higher demand for involvement in public decisions (particpative democracy). This demand is intensified and assisted by the development of new interactive systems of communication (Internet, etc) and by the appearance of new ways of public involvement (we are changing from informing on to the co-construction of the decision).

• Environmental protection is becoming a strong value (it is one of the two leading values which the French would like to pass onto their children3). The territory is becoming an identity reference factor, and environmental protection, like humanitarianism, a value that permits the expression of citizenship.

2 The public inquiry was only set up in 1985 for the THT lines 3 Crédoc, 1993.

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• Rural areas, which comprise the vast majority of the land which the lines cross4, are changing: less than 20 % of jobs in rural areas are farming jobs.

Therefore, overall, the opposition between "individual interests" and "general interests", which occurred up to the end of the 1980’s is being replaced by a general interest to construct a debate between different types of collective interests (landscape protection, economic development, quality electricity supply, pleasant living environment, etc) In the face of this development, RTE is providing responses which are both technical but also communication based. 3. Technical and communication based responses The increasing demands regarding the living environment are leading the RTE to intensify the use of techniques, which are adapted to these challenges, in cooperation with local authorities. This mainly involves the growing use of burial solutions, painting pylons, developing architect designed pylons, and using techniques to simulate the impact of the lines on the landscape.5. These measures will be made possible through a Project Accompanying Plan from the signature of the next agreement with the State. The budget planned for this (from 8 to 10 % of the amount of the investment) can, as the local authorities involved decide, be used for local development projects instead (durable development).

The consultation initiatives, which are stipulated in the legal and contractual framework, are applied, but also prolonged by RTE. In effect, many information meetings, in groups or face to face are organised in order to be able to really construct the project in cooperation with all of the players concerned.

4 94 % of the local council areas crossed by the lines have less than 2000 inhabitants. 5 Multicriteria studies also form part of the range of tools tested by EDF. However, their use has not been

totally satisfactory.

Evolution du stock souterrain entre 1946 et 1999

0

500

1000

1500

2000

2500

3000

3500

31/12

/46

31/12

/55

31/12

/65

31/12

/75

31/12

/85

31/12

/90

31/12

/95

31/12

/99

Années

Km

de

circ

uits

km circuits HT

km circuits 225 kV

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In addition, throughout the project, the RTE keeps the players involved in the project informed by placing advertisements in municipal newspapers or the daily and regional press (PQP), as well as brochures presenting the project (consultation phase, public inquiry phase, building site phases, etc). They often have a “ reactions ” column where the players involved in the consultation are invited to express their opinions. Sometimes, some key players (chamber of commence and industry, farming associations, breeders, veterinary surgeons, doctors, etc) receive targeted information. The opponents to the plan often hold public information and awareness meetings, which the RTE is often invited to, with other experts, to give its views on the project's utility and the general themes such as electromagnetic fields. For this theme, RTE and EDF have installed 2 “ debaters”6 per administrative region, who are responsible for intervening in the field to provide information to the CEM. In addition, steps are taken each time that the local residents request it.

6 An occupational health doctor and an engineer

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GERMANY


1. General In Germany the demand for electricity has shown no significant increases for years now. In various regions profound structural changes are taking place that are having effects on the high-voltage grid structures that need to be maintained. With this in mind and given the fact that many transmission lines and substations are now several decades old, the operators of the power grids which have developed over the years -- with voltage levels of 110 kV, 220 kV and 380 kV -- are faced with new tasks that include the following main focuses: • downsizing of the 220 kV grid • cost-cutting measures • grid maintenance • grid renewal / 1 : 1 replacement An enlargement of the grids will not take place; instead, a new strategy will be followed, e.g. the replacement of 220 kV overhead transmission lines with 380 kV lines or the creation of ring networks in the 110 kV grids. The licensing procedures necessary for this are carried out in an established legislative framework. The latter has undergone strong change in the recent past and led to a drastic change of economic framework conditions, e.g. as a result of deregulation of the electricity market. There has also been a change in the spirit of the times. Public attitudes towards future-oriented projects and technologies play a significant role in public acceptance and the importance of this role should not be underestimated. 2. Assessing the technical acceptability of new transmission lines and substations In the course of efforts aimed at grid optimisation there is a need to assess legislative and environmental framework conditions, public attitudes, and the possibility of implementation under private law, before a plan is formulated for a new transmission line or a new substation and an official licensing procedure initiated. In the framework of the feasibility studies that have to be carried out for this purpose there is a need to analyse exclusion criteria (knockout points) for the intended transmission lines or substation locations in order to ensure a large measure of planning security for the further steps to be taken. The following focal criteria need to be taken into account:

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Situation assessments: Situation assessments need to be carried out with regard to public and private interests in connection with the intended routes for overhead transmission lines as well as with land for substations. The construction of a transmission line as a standard overhead line, a compact overhead line or a cable, as well as voltage levels need to be assessed and evaluated. The following needs to be taken into account in connection with the use of high-voltage cables, in addition to the various energy-sector functions of the power transmission and distribution grids: Socio-political and regional planning factors: Society needs electricity as a product and wants to have it, but not the accompanying electricity generation and transmission facilities, particularly when the latter are highly visible. Cost effectiveness Transmission cables are more expensive than overhead transmission lines. Cost ratio overhead lines / cables: • 110 kV level 1 : 3 to 1 : 7 • 380 kV level 1 : 10 to 1 : 20 Physical and technical characteristics: A three-phase cable is suitable for transmission distances of not much more than 10 km, whereas overhead lines are suitable for distances of 100 km and more. For a substation it needs to be clarified, depending on location and local conditions (buildings, nature protection, water regulations, environmental regulations) whether it can be constructed open-air-style, in a hybrid manner, or in an enclosed structure. If and when a planning and feasibility study is completed with a positive outlook official procedures can be initiated. 3. Regional planning procedure To achieve the objective of having a secure, low-cost, and environmentally acceptable energy supply the following rules should be followed in looking for and deciding on suitable routes for transmission lines as well as suitable land for substations: • Minimisation of and compensation for the encroachment on nature and the natural

landscape • Adjustment to local conditions • The design and routing of overhead transmission lines must be adapted to the

circumstances of local communities, landscape, and settlement structures. The same applies with regard to substations.

• Construction of grid connections in the light of economic and environmental factors.

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4. Licensing procedure under public law What is involved here is a licensing procedure under public law (since 3 August 2001 an official plan approval procedure) for overhead transmission lines that combines all the permits needed in this connection, taking into account the corresponding laws and regulations. This includes the following permits: • a permit under nature protection legislation • a permit under forestry protection legislation • a permit under water protection legislation • a permit under monument protection legislation • a building permit • a permit under legislation regulating roads and highways • a permit under legislation regulating civil aviation • a permit based on an environmental impact assessment in accordance with EU

directives • a permit based on a flora, fauna, and habitat impact assessment in accordance with EU

directives • a permit based on a regulation regarding electromagnetic fields on the basis of

IRPA/ICNIRP recommendations Permits must be obtained under private law to use land for the placement of pylons for overhead transmission lines and to allow overhead transmission lines to pass over private property. This produces a transmission line corridor in which no building or farming activities may be carried out that would pose a threat to the transmission line. The width of the corridor depends on: • the voltage level • the height of the pylons • the length of the span and can be a maximum of two times 40 meters. As a rule, transmission lines and substations are purchased. Approval of the building and operation of these facilities is issued in accordance with: • legislation on the protection of nature • legislation on the protection of landscapes • legislation regulating environmental impact (noise, electromagnetic fields) • legislation regulating the construction of buildings • legislation regulating the protection and use of water 5. Communication management A stringent communication strategy must be followed right from the beginning of a project involving the construction of transmission lines or a substation. The objective is to achieve a positive attitude by the public towards the realisation of planned measures under circumstances that are as free of dissension and emotion as possible.

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The basis for this is the early involvement of all the parties concerned by providing them with objective, open, wide-ranging, and easily understandable information. This can be achieved by using the following communication instruments: • town meetings • backgrounders for the press • one-on-one conversations • presence at public events • video animations • project brochures and polls The point in time for presenting information to the general public must be selected very carefully. The policy on information should be that it is open, understandable, and adapted in content to the needs of the target group. The target groups in this context are: • the population affected • political leaders, representatives of public administration • civic initiatives • churches, business associations, and private organisations Understandable information should be provided on the planned project with the following content: • importance of the project for the energy sector in terms of the interest of the general

public in having a low-cost and reliable power supply • questions regarding transmission line routes and substation locations • necessary approval procedures • technology used • effects on health and the environment • information contacts (free telephone hotline) Feedback on communication effects could be determined, for instance, by a polling institute on the basis of a telephone poll, making use of a random dialling system. Polls of this kind should focus on the following points: • clarity / intelligibility • further information needs • personal attitude towards the project

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ITALY

Building of a new transmission facility

1. Introduction Italian electric industry has recently gone through a deep process of change, in order to comply with Act n. 79 of 16th march 1999, implementing Directive 96/92/EC. Referring to transmission sector, Act n. 79/99 stated the division between national grid operation and ownership, thus creating the new figure of the Independent System Operator (ISO), further called GRTN. In figure 1 here below it is represented the splitting of responsibilities between ISO and the owners of facilities that have been included in the national transmission grid. 2. Grid development plan By the end of each year, GRTN is in charge of the preparation of a proposal for a three-year grid development plan. The proposal has to be first discussed with the owners of the transmission facilities and then notified to Regional Authorities for aspects of siting and to the Ministry of Industry for approval.

Required to provide connectionto other parties Grid Optimisation

Operation

Maintenance

GridDevelopment

Manage Power Flows

Decide MaintenanceInterventions

Identify and DeliberateGrid Development

Remote ControlManagement

MaintenanceExecution

DevelopmentExecution

Monitoring andTechnicalConditionsEvaluation

Grid Ownership andUtilisation Under Constraints

OWNERS

Guarantee Safety, Reliabilityand Efficiency

Agreement- Remuneration- Service Obligation

ISO

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Grid development plan mainly aimed at: • overcoming transmission capability limits between different areas of the country • enabling new power plants to access the grid • responding to the growth of electricity consumption • mitigating the environmental impact of the transmission facilities Grid development plan also stated the entity responsible for executing each work included in the plan, i.e. an owner of transmission facilities in case of works interesting an extension of the existing grid or the winner of a tender process in case of works related to new facilities. 3. Legislative framework for new transmission facilities Procedures for building new transmission facilities are defined in Italian Laws, i.e. the RD n. 1775 of 11th November 1933, as subsequently modified and integrated by DPR n. 616 of 24th July 1977; the building of new transmission facilities is also affected by Act n. 349 of 8th July 1986, related to environmental impact assessment, and by DPCM of 23rd April 1992, related to electromagnetic fields. New regulations are expected in order to speed up the authorisation procedure for the construction of new transmission facilities and to comply with the forthcoming decrees implementing the frame-Act n. 36 of 22nd February 2001, related to the new accepted levels of electromagnetic fields. 4. Transmission facilities building Here below are briefly described the activities to carry out in order to build a new transmission line; substations are regarded as the extremity points of a transmission line, so the same procedure is applied. 4.1 Preliminary Study This activity is aimed at collecting all the existing cartographic materials, even aerial mappings, in order to identify all the existing constraints (landscape, cultural heritage, protected areas, town planning) related to the new transmission line. The output of this activity is the location of different potential routes for the new line, together with different technical solutions. 4.2 Outline Project This activity is aimed at identifying the most suitable route between the different ones individuated in the preliminary study; this activity is carried out after having collected indications from local Authorities involved (e.g. municipalities). Once selected the most suitable route, all the critical crossings are studied deeply (e.g. highways, national roads, railways) and technical plans needed for the authorisation procedure are prepared.

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4.3 Environmental Impact Assessment This activity is carried out by the Ministry of the Environment or the competent Regional Authority, depending on the voltage level and the length of the new transmission line, and is aimed at evaluating the environmental impacts of the facilities. It also gives the opportunities to all concerned parties to obtain information related to the project and to express opinions and complaints regarding issues they’re involved in. In order to begin the assessment, the entity in charge of the execution of the new transmission line has to prepare a document, called Environmental Impact Study, describing the environmental impacts of the facility and the different alternatives investigated. The output of this activity is the verdict of environmental compatibility of the new facilities. 4.4 Authorisation procedure This activity starts with the submission of a request by the entity in charge of the execution of the new facility to the competent government Authority and is aimed at obtaining all the permissions needed. After all the permissions have been obtained, the project has to be evaluated by a special government commission, whose approval permits to obtain the final authorisation for the beginning of the works. 4.5 Final Project and execution The final project for the new facility must take into account all the obligations coming from the authorisation procedure and includes also field investigations aiming at identifying the optimal distribution and location of the towers to be built. This activity also aims at identifying all the landowners affected by the building of the new line, entitled to be compensated for the permanent disadvantages they have to suffer. The time needed for the execution of the works may vary broadly, depending of course on the entity of the activities, but frequently due to the opposition of local committees, worried about the health effects of the exposure to the electromagnetic fields.

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ITALY

Building of new distribution facilities 1. Introduction Italian electric industry has recently gone through a deep process of change, in order to comply with Act n. 79 of 16th march 1999, implementing Directive 96/92/EC which stated the division between national grid operation and ownerships, thus creating the new figure of the Independent System Operator (ISO). As concerns particularly the distribution sector, Act n. 79/99 has established the Distribution Companies deputy to distribute and sell electrical energy to the “captive” customers. In Italy the distribution sector includes the networks with voltage level up to 150 kV. The distribution companies are in charge of developing their own networks that are connected with national transmission grid, conducted by the ISO, according to technical rules stated by “Autorità per l’Energia Elettrica ed il Gas (AEEG)” with Decree 28.02.01 n° 39/01. 2. Legislative framework for new distribution facilities The DPR 24.07.1977 n° 616 and Laws n° 431/1985 and n° 112/98 ascribe competence to the Regional Administrations as concerns the authorisation procedures and Environmental Impact Assessment (EIA, further called VIA.) for new plants to be built. Therefore most of the Italian Regional Administrations have already issued a specific regional law to regulate the authorisation of electrical facilities in their territorial limits as well as to guide the VIA. The Regional Administrations which have not yet issued their regulation, follow national laws and Decrees apply, namely: • RD n. 1775 of 11th November 1933 – related Procedures for building new distribution

facilities, as subsequently modified and integrated by DPR n. 616 of 24th July 1977; • Act n. 349 of 8th July 1986 and DPCM of 2nd September 1999, related to environmental

impact assessment • DPCM of 23rd April 1992 and DPCM of 28th September 1995, related to

electromagnetic field • Act n. 36 of 22nd February 2001, related to the new accepted levels of electromagnetic

fields (new decrees are expected in order to comply and implement the a.m. frame –Act 36/01)

3. Planning procedure To achieve the objective of assuring a secure, low-cost and environmentally acceptable energy supply, at planning level, suitable studies are performed in order to look for and select the more convenient routes for distribution lines as well as suitable land for HV/MV substations. Such studies aim at identify in advance the future requirements for new installations to meet the increase of the load and ensure adequate and pre-established service

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quality levels at the lowest possible cost, whilst minimising and compensating for the encroachment on natural landscape. 4. Distribution facilities building The activities to be carried out in order to build a new distribution line, hereafter briefly described, mainly concern the HV systems, that means in Italy 132 or 150 kV. 4.1 Preliminary Study This activity is aimed at collecting all the existing cartographic materials, even aerial mappings, in order to identify all the existing constraints (landscape, cultural heritage, protected areas, town planning) related to the new distribution line. The output of this activity is the location of different potential routes for the new line, together with different technical solutions. 4.2 Outline Project This activity is aimed at identifying the most suitable route between the different ones individuated in the preliminary study. This activity is carried out after having collected indications from local Authorities involved (e.g. Municipalities). Once selected the most suitable route, all the critical crossings are studied deeply (e.g. highways, national roads, railways) and technical plans needed for the authorisation procedure are prepared. 4.3 Environmental Impact Assessment This activity is carried out by the competent Regional Administrations, depending on the voltage level and the length of the new distribution line, and it is aimed at evaluating the environmental impacts of the facilities. It also gives the opportunities to all concerned Parties to obtain information related to the project and to express opinions and complaints regarding issues they are involved in. In order to begin the assessment, the Body in charge of the execution of the new distribution line has to prepare a document, called Environmental Impact Study, describing the environmental impacts of the facility and the different alternatives investigated. The output of this activity is the verdict of environmental compatibility of the new facility. 4.4 Authorisation procedure This activity starts with the submission of a request by the Body in charge of the execution of the new facility to the competent Authority and it is aimed at obtaining all the permissions needed. 4.5 Final Project and execution The final project for the new facility must take into account all the obligations coming from the authorisation procedure and includes also field investigations aiming at identifying the

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optimal distribution and location of the towers to be built. This activity also aims at identifying all the landowners affected by the building of the new line, entitled to be compensated for the permanent disadvantages they have to suffer. The time needed for the execution of the works may vary broadly, depending of course on the entity of the activities, but frequently due to the opposition of local committees, worried about the health effects of the exposure to the electromagnetic fields.

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LUXEMBOURG

Environmental Impact Assessment of new High-Tension Overhead Lines ≥ 65 kv

Standard Specification

The information to be provided within the scope of specifying the environmental impact of the project must include at least all the factors covered by Article 7 (and Appendix II) of the Grand-Ducal Decree of 4 March 1994 on the environmental impact assessment of certain public and private-sector projects (see Annex 2). This standard specification applies to high-tension overhead lines ≥ 65 kV. The assessment must follow the following pattern: 1. Descriptive summary 1.1 General information on the operation of the grid General information on the grid, its operation and planning are shown in the appendix. 1.2 Description of the project The principal must issue an analysis of the necessity of the new work, including a study of any alternatives, in the impact assessment. The principal must provide clear information on the purpose and characteristics of the work. 1.2.1 Justification for the work The description of the justification of the work must be based upon factors specified in Section 1.1 General information … above. Justification will therefore emerge from one or more of the criteria specified in the general description of the grid and will expressly include the application of the principles stated in Section 1.1 to a specific case. The precise figures for the factors behind the new project must be included in the report submitted. As CEGEDEL has committed itself to cooperate with the government under the agreement of 26.4.1995 in examining any alternatives when carrying out new work, the advantages and disadvantages of the various solutions analysed (alternative route, feasibility of on-site production, etc) must be stated. The distribution of burdens must be shown: • for each alternative • for normal use of the line and for critical cases 1.2.2 The technical characteristics of the work The reader must be able to gain a precise impression of the work. The section entitled “Technical characteristics” must take the form of an illustrated report containing various

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short articles aimed at any audience and giving accurate information on the precise type of line intended. The illustrations must include a scale reference (person, animal, vehicle, etc) so that the dimensions of the work may be properly ascertained or show the various technical possibilities. In particular, the various types of mast likely to be used must be shown. 2. Assessment of the impact of the line on the natural and human environment 2.1 Definition of the limits of the assessment 2.2 Analysis of the current situation The purpose of the analysis of the current situation is to reveal the potential for transmission line routes. In order to draw up an initial statement of the scope of the assessment, the principal must register the various exiting milieus and analyse their sensitivity to a line. For this purpose, the principal must specify an analytical method and analysis criteria or factors, adjusted for the area or areas crossed. 2.2.1 Subjects of analysis Analysis of sensitivities is based on knowledge of a transmission line, which is reviewed in brief below. Habitat The assessment must verify that the rules governing the presence of the intended line near centres of population, issued by the responsible authority, are being or will be observed (c.f. 2.8). Agriculture A transmission line, like all equipment, occupies ground. In this respect it may appear to interfere with some human activity. As the greatest length of line routes is in rural areas, the activity primarily affected is agriculture, by far. The impact of a line on agriculture is extensive and well-established: loss of yield due to pylons, loss of time due to detours around pylons, risk of breakage of machinery, difficulties in using wide-gauge machinery close to pylons, weedkiller costs, interference with crop spraying, effect on irrigation, drainage, and water spraying. Forestry The passage of a line through woodland may have an effect on forestry. The intended line risks devaluing forested areas in or to the side of the cut to be made. The resultant losses suffered by the owner must be analysed. Natural environments Natural environments are also affected by the presence of the line. The passage of a line through the forest entails cutting through woodland, causing damage to nature to a greater or lesser extent. It is important to establish good environmental management of the cuts.

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It is advisable to conserve some particularly sensitive milieus (peat bogs, chalk grassland and sites of special scientific interest) and to be able to determine the routes with the least ecological impact. Avifauna Avifauna is also affected by the passage of a line. In fact, in certain areas which are now easily identifiable, collisions of birds with the line and electrocution occur, entailing an unacceptable mortality rate for protected species. Landscape The visual impact of the line is often important. The line is an “industrial” item which represents contemporary civilisation. Its conflict with a “natural” or historical landscape may be delicate (listed sites, areas of outstanding natural beauty, etc). Economic activity Economic and industrial life is the source of technical wayleaves. Some infrastructure and installations are likely to influence the route of a line. Infrastructure The current situation must record all the infrastructure likely to interfere with a line project. Moreover, existing line corridors and significant developments must be studied from the perspective of any reorganisation of the projected work. 2.2.2 The factors A non-exhaustive list of the main factors usually studied in the impact assessment is given below: Topography, landscape • Type of soil and geology • Topography and orography • Rivers, ponds and watercourses • Wide or enclosed valleys • Skylines • Wooded slopes, precipices • Parts of the landscape • Tourist routes and footpaths • Picturesque countryside Habitats, tourism • Conurbations and their size • Population density • Thinly or densely populated areas • Second homes • Businesses • Tourist centres • Leisure centres (holiday parks, campsites, etc) • Ancient monument and type • Listed building and type

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Town planning • Communal general land use plan and project appraisal package, drawn up under Law

no. 74 (Land Use) Infrastructure, technical wayleaves • Existing lines, substations and sewers • Existing or planned motorways • Existing or planned railways • Gas mains • Water mains • Telephone lines • Military installations • Radio stations • Microwave stations • Airfields, airports • All roads Natural environment, forest • Registered protected areas or areas to be registered • Potential vegetal series • Peat bogs • Special conservation areas under Directive 92/43/CEE, “Habitats” • Special protected areas under Directive 409/79/CEE, “Birds” • Ornithological reserve, avian migratory corridor • Forest and type, classification • Listed woodland • Protected forests • Mixed woodland and pasture Agriculture • Intensity of agriculture • Type of culture • Irrigation • Mechanisation • Land reallocation • Drainage Documents to be provided: • A plan of the line on the most detailed scale possible (e.g. 1:10,000, in the absence of

any statement to the contrary by the authorities involved), expressly showing: A corridor on either side of the line and the minimum distance for its voltage The limits, in the immediate surroundings of the aforesaid corridor, of the closest

built-up areas

• Should the projected line cross land within the boundary of a centre of population shown on the general land use plan for the community or communities, an extract from

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this plan must be attached, showing other existing lines within 200 m of the line in question, in addition to the various communities affected. The extract from the general land use plan and the project appraisal package (under Law no. 74 on land use) must be the most recent version and show the key to the various areas. Submission of a copy of the whole land use plan will not be necessary if all the information can be shown on the extract. The written part of the land use plan must also be attached. If the projected line is outside the boundary of the centre of population (30 metres or more from the external boundary of the land use plan), notification will be sufficient and attachment of an extract from the land use plan will not be necessary.

2.3 Summary of restrictions Analysis report The assessment of the sensitivity of the current state will form the basis of a summary, stating the following for each heading: • The choice of factors • The data acquired and its processing • Map annotations This detailed report will provide the basis for the issue of the impact report. 2.4 Determining, presenting and comparing alternatives/Selection of a final route 2.5 Description of the projected route 2.6 Impact of the project upon the natural and human environment and measures

intended to reduce or compensate for it Impact on dwellings The minimum distances anticipated by current technical regulations must be maintained, depending upon the voltage, in order to ensure the safety of persons and prevent accidents. Moreover, the following minimum distances must generally be maintained between the centre of the route of the lines and dwellings or other existing structures used as such, for reasons of environmental protection: *220 kV line 30 metres *65 kV line 20 metres In the case of pylons close to dwellings, the siting of the masts in respect of house frontages and the effects of topography and vegetation may be optimised. Impact on agriculture The impact of a line on agriculture depends on a large number of factors, i.e.: • The pylon site • Span length between pylons • Height of the cables at their lowest point • The width of the conductors

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and also: • The agricultural production system • Machinery used for current work and treatment • The size of the plot • Developments, land reorganisation and investment The implementation of measures to reduce the impact is thus complex. Nevertheless, the following general principles should be noted: • The choice of long spans does not necessarily entail a smaller loss of agricultural land.

On the other hand, long spans allow greater flexibility in siting masts on the plot, which allows the wishes of farmers to be taken into account;

• Raising the centre of the span may reduce the restriction imposed by the cables above plots where large-scale equipment is used (this also applies to crop-spraying from the air and watering by jet);

• Farmers generally prefer masts of reduced strut width as the overhung area in which the farmer may incur risks in the course of movement or specific handling is minimised.

Impact on the landscape The impact of a line on the landscape is highly subjective. Nevertheless, some general principles may be followed: • It is sometimes possible to use features of the topography and vegetation to reduce the

visual impact. This is called absorption. The latter is favoured by the use of masts with thin struts. High distribution is therefore inadvisable.

• In other cases, it is known at the outset that such absorption will be difficult or even impossible. A more general approach is thus favoured, taking account of the various factors of the surroundings. This is known as insertion. It is encouraged by regular distribution of the masts or by masts of the same height and type. Special pylons may be used in difficult circumstances.

• In the particular cases of a forest cut, pylons with a low strut width but great height will restrict the airspace occupied by the work and thus the width of the cut. Conversely, the use of pylons with horizontal bracing will reduce the visual impact of the work on the skyline but increase the width of the cut.

Impact on the natural environment If certain particularly sensitive environments are avoided as far as possible and a route of little ecological value chosen, the ecological impact can be further reduced by leaving vegetation in forest cuts and by siting pylons so that they avoid topographical or vegetation features which encourage birds to fly into the cables. Similarly, pylons must be fitted with devices intended to prevent avian electrocution. 2.7 Tabular summary of types of impact and measures taken to avoid, reduce or

compensate for impact, showing: • An identification number • The site of the impact on the route (if possible)

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• The pertinent compensatory measure • A cross-reference to the description of the measure in the text • The site and extent of the compensatory measure (if possible) • An assessment of the time required for the measure to take effect • An assessment of the effect of the measure on restoration of the ecosystem • The estimated cost of the compensatory measure • The period for implementing the compensatory measure before, during and after the

project implementation phase in the short term in the medium term in the long term

• The type of measures proposed measures integral to the project affecting the route (micro-alternatives) affecting the characteristics of the project complementary measures technical arrangements compensatory measures measures anticipated to prevent impact measures anticipated to reduce an impact measures anticipated to compensate for an impact measures anticipated to warn of an impact

In the particular case of overhead power lines, the compensatory measures are in two categories: I – Factors involved in the definition of the project which remove or reduce the impact. These are particularly measures which are the result of technological choices. • In the case of high-tension lines ≥ 65 kV, the possibility using routes employing current

corridors (substitution, combining works on multiple-circuit masts), if the impact assessment reveals that the greater part is involved; underground or alternative overhead route in the case of lines which cross densely-populated areas.

• For all work and pylon sitings, the choice of the pylon shape best suited to the environment, etc. Such measures may be of a quite different type:

Reduction of the visual impact of the work by: Painting Architectural arrangement and landscaping of substations Use of low pylons Reduction of the ecological impact of the work Devices to prevent the electrocution of birds Preservation of dwarf vegetation or bushes in cuts use of narrow pylons to restrict deforestation Reforestation of an area equivalent to the deforestation for major substations

2 – Compensatory measures: measures taken, devices used and action taken once the project has been fully defined in optimum terms for the purposes of environmental impact to compensate for the residual impact of the work. Such measures are within the scope of the general objective of the agreement of 26 April 1995 and consist particularly of not increasing,

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or even reducing, the total number of high-tension (including 220 kV), medium-tension and low-tension lines from the reference level on 31 December 1992. The CEGEDEL grid must therefore be considered in its entirety and the construction of a new line does not automatically entail the removal of an existing line. This does not apply to the replacement of an existing line by a new one, in which case authorisation may be conditional upon removal of the old line. In other respects, authorisation for a new line must not be connected with underground laying of another specific section. 3. Non-technical summary The impact assessment must be accompanied by a non-technical summary illustrating the impact of the line project on the natural and human environment and the measures intended to remove, reduce or compensate for such impact. (Summary report supported by maps and drawings).

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MALTA

Country Acceptance of Transmission Lines and Substations by the Public

1. Introduction The 1992 Structure Plan for the Maltese Islands, stipulates that “Enemalta will install only underground electricity distribution systems in areas of existing and new urban development. The Planning Authority will also seek to establish in conjunction with Enemalta a programme of progressive undergrounding of all existing overhead supply cables and apparatus in existing built-up areas and the programme is to include any necessary adaptation of internal connections within the properties of individual consumers.” Enemalta Corporation is owned by the Maltese Government and is the only organisation responsible for the generation and distribution of electricity in the Maltese Islands. 2. Transmission Lines Malta consists of an archipelago of three small islands with a superficial area of 316km2 and a population of 380,000 inhabitants. Due to the relatively short distances and the population density, there are no high voltage overhead transmission lines in Malta. There are only a few 33kV overhead line circuits and it is not intended to extend this overhead line network in future. The policy in Malta is that new 33kV and 132kV circuits are to be installed underground and whenever possible existing 33kV overhead lines should also be replaced by underground circuits. 3. Legal obligation for system expansion The Structure Plan for the Maltese Islands of 1992, stipulates that: Development of the transmission and distribution system is permitted without the requirement for notification to the Planning Authority in Malta for the laying of underground cables including excavations for such purposes unless such works involve: - Erection, construction, engineering or other operations for, or in connection with, the installation of a main electricity distribution network or system with a power line capacity of 33kV or greater, or works on or under land outside a development zone or in or under streets outside a Temporary Provisions Scheme; The following development is permitted provided that the developer notifies the Planning Authority and the Authority does not, within 30 days of such notification, inform the developer that the development in question requires a development permission: Laying of underground cables including excavations for such purposes involving works on or under land outside a development zone or in or under streets outside a Temporary Provisions Scheme, or in urban conservation areas. An environmental impact assessment is to be prepared before any development on the seacoast and offshore is considered by the Planning Authority. This is of particular

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importance in the case of Enemalta due to the need to supply electricity to the two nearby islands which are separated by about 2 and 4km respectively from the main island of Malta. 4. Experiences and practices All 33kV circuits commissioned since 1988 and all existing 132kV circuits in Malta consist of underground circuits. 33kV circuits are installed in trenches excavated in public roads while 132kV circuits are installed in public roads and in dedicated underground tunnels. It is intended that in future 132kV circuits will be installed in underground tunnels while 33kV circuits will be installed underground in public roads and where possible in tunnels, concurrently with 132kV circuits. In Malta there are only two 132kV substations and another 132kV substation is envisaged in future. One of the two existing substations is located in an industrial area while the other was constructed inside a quarry at a distance from residential areas. The substations are indoor type and are equipped with GIS switchgear. In Malta public opposition to such projects is minimal due to the current policy of installing high voltage cable circuits underground and when the need arises to erect a new 132kV substation in a relatively uninhabited site. In the past, delays in obtaining Development Permits were experienced with the Planning Authority in Malta which tends to insist that 132kV substations should be preferably installed below the surrounding ground level due to the visual amenity. Another delay results from the need to prepare detailed archeological and ecological impact assessments in inbuilt areas through which underground tunnels need to be excavated. The assessments are intended to ensure that ventilation and access shafts for the tunnels do not cause ecological damage in sensitive areas or spoil archeological remains which abound particularly in the south east of Malta where one of the two Power Stations in Malta is located. Ronald Vella Manager Distribution Enemalta Corporation Malta

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THE NETHERLANDS

In the Netherlands the following legal obligations exists for building transmissions lines and substations. New transmissions lines or extensions of existing transmissions lines and substations or extensions need permissions of several authorities. Some permits are granted on national, some on regional and some on local level. Some permits are always needed and some depends on the area where the line or substation is projected. In all permit procedures the possibility of public hearing is obliged. 1. Transmission and distribution lines For 220 and 380 kV-lines at this moment permits are necessary from the National Government (Minister of Housing, Spatial Planning and the Environment and the Minister of Economical Affairs) and from local authorities in accordance with the Spatial Planning Act and the Housing Act. When the overhead line build is longer than 15 km an Environmental Impact Assessment (EIA) is obligatory. When the overhead or underground line is planned in so called 'sensitive areas' for more than 5 km, the authorities have to decide whether an EIA is obliged or not. Lower voltages overhead lines don't need permits from the National Government. They need permits form the local authorities according the Spatial Planning Act and the Housing Act. In general no special permit has to be granted for underground cables. They only have to be in accordance to the local zoning plan. From the lower voltage lines only the 150 kV-lines might require an EIA. In case the overhead or underground line is planned in so called 'sensitive areas' for more than 5 km, the authorities have to decide whether an EIA is obliged or not. In addition to the above mentioned permits and depending on the area the new line is planned permits are necessary according other Acts e.g. the Nature Conservation Act. At this moment new regulations are in preparation especially for 220 and 380 kV-lines. Because these lines are considered of national interest the new legislation is leading to permits that are no longer depending on the co-operation of local and regional authorities. For lines with lower voltages no new special legislation is foreseen. Further on all affected landowners need to sign agreements. Because a grid which is build or commissioned by a grid operator qualifies as a public work for the public good in the meaning of the Public Works Act, landowners who are not willing to sign agreements can be forced to permit the overhead lines on their land. 2. Substations The permits in accordance with the Housing Act and the Environmental Management Act are the most important permits that are needed. Special requirements need to be fulfilled when

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the capacity of the transformers of a substation is over 200 MVA and the transformers are situated in open air. For new substations or extensions, land needs to be purchased. As an ultimate remedy expropriation can be used. 3. Experience in new projects The experience in Netherlands strongly recommends the approach set out in the Eurelectric document “The Role of Risk communication in EMF issue management” in getting approval for new projects. This has let to the success of a project for the construction of a new 380 kV (145 km) transmission line that was launched in 1996. Following the above referred approach outlined in the report, authorities and landowner organisations were convinced to allow dismantling of old 110 and 220 kV overhead lines and building of new 380/110 and 380/220 kV overhead lines and 110 kV cables. In this area we dismantled about the same amount of kilometres of overhead lines as we have built new ones.

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NORWAY

Permissions required building new transmission lines, cables and substations

1. Law and authority To build new transmission lines, cables and substations requires a permit from both the Local Council and from the Norwegian Water Resources and Energy Directorate. In general two different permits are required: • Permit according to the Town and County Planning Act is given by the Local Council • Permit according to the Energy Act is given by The Norwegian Water Resources and

Energy Directorate If there should arise a disagreement between the local Council and the Norwegian Water Resources and Energy Directorate, the disagreement will be settled between the Ministry of Petroleum and Energy and the Ministry of Environmental Issues. It is of importance to avoid such disagreements as they delay the building process. 2. Permit according to the Town and County Planning Act The purpose of the Town and County Planning Act is to ensure, in general, that areas and natural resources are managed in an optimal manner, in addition to the esthetical considerations. All building projects must be built according to the local area plans. The act has for larger projects strict requirements that the builder documents the consequences for the environment, the natural resources, and the community. For example, this must be done for all transmission lines and cables with voltage 132 kV or greater, and with length above 20 km. Normally the local councils grant electrical constructions exemption from the local area plans, because they consider that these projects are treated sufficiently by the Norwegian Water and Energy Directorate. Problems arise when the local council disagrees with the use of the area for the desired electrical construction. For instance, they might disagree with the choice of transmission line instead of underground cable. In such cases, the local council will not grant an exemption, but will demand that the electrical company make a private area plan according to the Town and County Planning Act. All public area plans are sent to, among others, the electrical companies. This gives the electrical companies a chance to include their interests in the area planning, for instance to secure an area for a substation in new housing areas. This will simplify the later building process. Since 1997, the required permit according to the Town and County Planning Act has been simplified for electrical constructions. A building license is not anymore necessary, under the condition that a permit has already been given by the Norwegian Water Resources and Energy Directorate. This change only regards the actual building construction, not the considerations regarding the use of area mentioned above.

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The reason for the simplification is that the construction of transmission lines, cables and substations already is handled by the Norwegian Directorate for Product and Electrical Safety. This change has greatly simplified the building process. 3. Permit according to the Act of Energy The procedure for giving a licence depends on the voltage of the electrical construction. For lower voltages (normally < 33 kV), an area licence is given to each electric company. Within a specific geographical area, the local electric company can build transmission lines, cables and substations, without involving the Norwegian Water Resources and Energy Directorate. The Directorate is only involved if there should arise a conflict with other interests. For electrical constructions involving higher voltages (normally > 33 kV), a detailed application is required from the electric company. For transmission lines and cables with voltage 132 kV or greater, and of length 20 km or greater, the consequences must be documented, as stated above. The application is open for the public, and is sent to all public and other interests that might be directly involved in the project. In addition, the Norwegian Water Resources and Energy Directorate often arranges local public meetings, before taking a decision regarding the application. 4. Other matters Buying permission to use property The permission involves the right the build, maintain, and renew electrical constructions, including forest clearance under transmission lines. A written agreement with the landowner is usually arranged for smaller projects. Expropriation and statement of value in court is a normal procedure for greater projects involving several properties. Expropriation and permission to use the property before expropriation, is usually applied for at the same time as applying for the electrical licence mentioned above, and is also given by the Norwegian Resources Water and Energy Directorate. Expropriation of property is time consuming. 5. Corridor width for transmission lines Electric companies buy a right to prohibit future housing and industry under transmission lines within a certain corridor width, depending on voltage and fase distance. The Norwegian Directorate for Product and Electrical Safety specifies the minimum distance to a line, but a larger distance is usually chosen by the electric company to simplify future maintenance and renewal.

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POLAND

Report on the legal and procedural bases of the public acceptance of transmission lines

investments in Poland 1. Introduction According to the Polish environmental law the physical protection against the impacts of transmission lines is sufficient already. The public participation in evaluation and decision making procedures was also introduced recently, as results from the Aarhus convention. However, the application of this law is not satisfactory. This results from the lack of experience and trained staff, especially in local governments, but also from the low ecological awareness of general public. Also, the line investments, with clearly transit character are especially difficult to obtain the public acceptance. There are no possible allowances in Poland for those investors who deal with public interest, especially at the country level. The “public” in Poland, like in EU, means one or more natural and legal persons, and in accordance with national legislation or practice, their associations, organisations or groups on national (also governmental), regional and other levels. The public not include “public authority” e.g. natural or legal persons performing public administrative functions under national law, including specific duties, activities or services (for example: environmental and health authority). The state described below will last till the proclamation and full reinforcement of the new law on spatial planning, where special procedures for large-scale infrastructure investments are expected. 2. State of law

The Act on Access to Information on the Environment and its protection and on Environmental Impact Assessment established in December 2000 (called further the EIA law) attempts to unify the EIA system in Poland for investments. That act describes the EIAs procedure, with the EIA report as its element.

The EIA law lists eight kinds of decisions, which must be based on specific EIAs procedures. The transmission lines investments are practically decided upon according to the building permit and spatial management program, in accordance with the regulations on spatial management and the licence for building, in accordance with the regulations of the Building law. Dismantling or changing the way of the use of a constructed object or its part needs the licence for building too. To make such decisions, the law demands the EIA process when the construction is likely to have a significant environmental impact. This can result in the necessity to prepare the report on environmental impact.

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3. European context

Poland of 2001 is in its final period of adjusting the environmental law to EU standards, between others to the Directive 335/85/EU that determines the list of investments for which the EIA is necessary. The EIA law uses a misleading terminology, introduced in its proposal. Describing the investments demanding the EIA report the EIA law determines as “planned investments which can significantly influence the environment”, (an equivalent to Annex 1 to the Directive 85/337/EU and continuity of “investments especially dangerous for the environment and human health”), and as the “planned investments which can significantly influence the environment, and which demand the report (an equivalent investments from Annex II and continuation of “investments which may negatively influence the state of environment”).

Especially important is an application of the selection procedure of investments listed in Annex II to the Directive 85/337/EU. Till present, all investments in Poland which may “influence the environment” (according to those described by Annex II) needed the EIA report, but now according to the law and the directive a selection is made. It is based on criteria as: characteristics, localisation, the range of potential impact, determined according to Annex III of the directive. 4. The localisation procedures of transmission lines The basic responsibility of an investor is enlisting the planned construction in the local spatial management program. This program summarizes the decisions of the local council of gmina, making thus the local gmina’s law. This is a basic condition for further procedures. The Act on Spatial Management from 1994, amended in July 1997 defines the law on the access to information contained in this local spatial management program, and also the community participation in its creation. The program is to be accessed by anybody, the text and drawings from this document can be obtained. At the time of establishing the program everybody who does not agree with it, or whose rights are endangered may protest. As the projects of such programs are made public for 21 days, the public has a chance to protest or question the planned investments. At the same time the prognosis of the expected environmental impacts of the program, are also available to general public. The gmina’s council must discuss all protests and present them at a public meeting. Thus an introduction of a line investment to the spatial management program is difficult. The best solution is perhaps the implementation of new needs during the modernization of spatial management programs, as it is expected to happen few times during the coming years. The steps of the investment procedure are determined by two decisions, i.e. the decision on the conditions for building and spatial management and the license for building, which demand the EIA for possibly environmentally dangerous investments. This process is a part of decision-making at particular step of the procedure (See the flow diagram). The course of procedures during all kinds of decision is practically the same or very similar. The proper office for all questioning and making the decision is however, different. The

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same statement is valid for the public participation in the hearings, and thus for the EIAs of planned investments.

Voit or president of the town or community council (with some exceptions) signs the decisions on the conditions for building and an agreement with spatial managing plan. The voivod is a proper person to issue that decision for the closed areas. An explanation of this term is given in the regulations of the Building law. This law explains that the closed area means an area, or a building or its part, accessible only for those with special permit, absolutely necessary for the country defence and safety, or an area used for mining, managed for this purpose. On the inland and territorial seawaters a proper marine management office makes such a decision.

The final permit is given by proper administration unit after completing all agreements and opinions of other bodies, listed by the law on spatial management and special laws, as e.g. the legal infrastructure (existing law) on environment protection and management, protection of arable lands and forests. Obtaining all opinions necessary to get the permits is very important, for example a final decision of the Sanitary Inspection. It should be understand that sanitary people are especially interested in the impact of electromagnetic fields. There is some procedural trouble, as the investor has no formal contact with opinion making specialists, thus it can not pass to him opinions, explanations or suggestions. In such situation the EIA report is especially important as far as the gathering of proper information and conditions, especially those crucial for opinion drawing. It is also important for further consultation conditions, as those interested can access all documents. According to the EIA law the procedure needs a participation of an authority entitled to deal with environmental matters. This specify that an authority entitled to all statements prior to decision (except from geological concession) as well as to the decision making, that the proper authority for report procedure is: • Voivod, for all investments demanding the report by law (except motorways) • Starosta and poviat sanitary inspector – for all enterprises, which may obtain such a

demand from proper authority

5. Such decisions result from the law on spatial management.

The EIA report as well as all accompanying documents forms the base for administrative decision. It is extremely important that decision making body can conclude from the EIAs procedure that the investment could be made but with certain modifications. In the decision, an allowed variant could be indicated with an agreement of an investor, or if such an agreement cannot be achieved, the case is closed.

The decision can indicate the obligatory procedures, protections or monitoring. A special zone of limited spatial use can be indicated for certain enterprises, as e.g. such limitations are suggested or reinforced in the direct neighbourhood of high voltage lines. In the decision a special post construction analysis can be indicated. The post construction EIAs procedure (auditing) can include the necessity to perform such analysis after the full operational readiness, e.g. after activating the transmission line in the network.

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The EIA process has to be accompanied by numerous other procedures described separately. Especially important are: • eventual importance for transboundary effects (Espoo Convention) • relations to other conventions signed and ratified by Poland • relations with spatial planning and management

The building, development or change in the functions of transmission infrastructure with voltage higher than 220 kV are listed as especially dangerous for the environment or human health and needs the EIA report. Building, development and change of the function of transmission infrastructure with the voltage of at least 110 kV are qualified as ones that can need EIA report (way with initial evaluation on flow diagram). That means, that lines with the voltage lower than 110 kV are free from EIA procedure, but of course must consider the spatial planning.

Before starting the preparation of EIA report, the investor can prior to asking for a decision on the scope of the EIA report. The decision-making authority can, on the bases of localisation, potential environmental input and the strength of expected impact, indicate limited scope of such report. This is a new element of the procedure, which changes the previous standard scope of the EIA. In this new procedure the most important is a set of information provided by the investor to the decision-making authority. Thus, asking for the determination the need and scope of the future report, the investor should describe: • the kind, scale and localization of the investment • the area of land or a building to be used, and previous forms of its use • the proposed technology • possible variants of the investment • expected amounts of material used, including water and energy • environmental protection actions • the kinds and expected amounts of pollutants reaching the environment after • application of environmental protection actions

If the supplied information is not sufficient the authority can wait with the decision till they are obtained and all question answered. The detailed scope of the EIA report is identical for various enterprises and for consequent steps of the localization procedure, i.e. it is the same for decision on the building conditions and spatial management, building permission and for other decisions. The investor can ask for a detailed scope of the report by the proper authority after enquiring an opinion of the authority responsible for EIA.

In the case for constructing or development of transmission substations the investor most frequently buys or takes a lease on the necessary area, as demanded by the regulations and is frequently accompanied by a decision on the excluding the area from agricultural utilization. Such decision must be obtained before prior to the licence for building. The price of the land in question is settled between buyer and seller.

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The permission to build the transmission lines is much more difficult, as the towers are to be build on private land, and the landowners must agree with it. The construction of a pole always limits the land use in certain degree. It is especially important on arable lands, as the poles are certain obstacles for the land cultivating machines. Planning to build a pole needs the financial agreement between the investor and the landowner, and the investor pays to the owner an equivalent of the crops gathered from the excluded area for 30-40 years. The class of the land, kind of crops, average crops and their prices in the area are considered. The land tax for a given area is included. In certain cases the investor pays also for the change of the possible land use. The building parcel may change to one without a building permit. The compensation is negotiated, frequently with the help of arbitration specialists. When completing all formalities on the land use the investor may apply for the licence for building, accompanied by (among the others) the building project prepared according to previous conditions of the building and spatial management. The problems related with expropriations and compensation are included in the whole procedure of the investment analyse. 5. The public participation in the investment process The demand of the community participation is a role only in the case of the preparation of EIA. The participation of public hearings and of high standards of reports and prognoses is an important element of the present procedure. The decision-making authority: • informs the general public in a customary accepted way described in the EIA law • collects all the remarks and conclusions for 21 days • can organise a public hearing, informing everybody interested, including the

community members in the vicinity of an investment • decides on the obtained questions and conclusions

Nongovernmental organisations (not necessary ecological ones) calling upon the area and aims of their activity inform about the will to take part in the process as an official group, and the rejection of their participation can be officially questioned.

The procedures of the public participation in the process of completing the documents and decision making are defined in the EIA law. It could be presented on an example of one of quite frequently issued decision, i.e. the decision on the conditions for building and spatial management. Burmistrz, voit or the president of the town guides the procedure. Those authorities when starting the process must consider all remarks and conclusions. In the case of striking controversies, on e.g. the idea and application of the investment, or on its localisation, the authority can organise an open public hearing. During the hearing the investor should explain all possible problems to get the consensus on the discussed subject, as this will make possible the next steps of the investment preparation.

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An important part of the EIA process is broadening the steps of collecting the opinions and agreements: • for investments which can significantly influence the environment, and which need a

report, the proper authority for all agreements is voivod • for those investments, which can significantly influence the environment, which can but

do not have to present a report, the proper authority is starosta and poviat sanitary inspector

The obligatory presentation of the information on the way question and conclusions of the general public is really important for the community participation. This ensures the people and non-governmental organization that their voices are not neglected, and that everybody hears those voices. All obtained remarks and conclusions are considered by the authority issuing the permit during the decision making process. The decision issued without the consideration of people’s voices is not valid. The general public has no influence on the scope of EIA.

During the preparation of the public participation, the following should be considered: • who will participate (their knowledge, personal attitude to the environment changes,

address) • what techniques will be applied, at which steps of investment, including the idea of

public participation

There are few methods of giving the information and of obtaining the answers. Methods useful while co-operating with project designers and authorities are not always suitable for contacts with the general public and groups of interest. They can be divided to three categories, depending on the public interest in the process: • informing the people – one direction process: public information, press releases, info in

local broadcasting system, on the boards, by brochures, informative publications, direct mail, internet, exhibitions etc.;

• exchange of information with the general public – two directions process: questionnaires, meeting of the so called focuses, public information meetings, exercise books, field offices, “open doors”;

• including the society in the planning and into the decision-making – a dialogue: discussion in small groups, community advisory groups, methods of solving the problems, methods of reaching the agreement.

While choosing a methodology for a particular investment all specific features should be considered: the scope of an expected input, the idea of public participation (informing the community or including it in the process), determination on the scale of project impact on the community, potential conflicts, specific abilities needed to use the chosen methods, the time assigned to public participation, the cost of this participation, potential differences in understanding the phrasing, potential cultural and political differences.

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6. Some remarks on public negotiations and consultations in the case of transmission lines investments in Poland

The transmission lines investments in Poland have place mainly in the poorly developed countrysides, frequently environmentally important. This results from numerous conditions. It is the best to obtain the full acceptance at particular sites or line reaches. Thus, direct contact with people, not official exchange of letters is needed. It should be remembered that an investor could be in the position when nobody is backing him – the environmental protection offices, local selfgovernments and NGOs are not interested or against such an investment, and they do not share the country scale interest. When there is a lack of the knowledge of communication and negotiation by the investor frequently there are dramatic social divisions leading to permanent creation of the strongly negative groups (camps) that reject the communication. Polish law presently does not object to any protest, even unintelligible. Thus the choice of a proper person with negotiating and mediator skills is very important. Special interest should be given to social groups emerging while an investment is preparing. Contacts with the leaders of such groups should be made, and their position appreciated. This needs a log time: each remark or suggestion of citizens, supplied before administrative decision must be considered, something related to it must be done, and it should be quickly advertised what was done. In the practical approach on real burdensome of transmission infrastructure objects the electromagnetic impact on the human health is commonly recognized, although usually not properly determined. Usually the range of this impact is seen as much further than resulting from the Polish regulations (a norm for the electric component of 1 kV/m). A similar impact is seen in acoustic effects resulting from the leakage and discharges on the insulators. In the countryside these effects are very well noticed especially during the morning fog and light rain, and are considered a dangerous sound. The largest problems with establishing the routs of transmission lines or local stations occur in the suburban areas. The land prices there are high and really dependent on the localisation. It is estimated that the neighbourhood with transmission poles (about 50 m) results in the fall of the building plot in a similar way as neighbourhood of a chimney, i.e. by 15-20% (the distance to the pole is more important than to the lines!). Negotiations in such areas are very difficult. It can be expected that in the near future also the aesthetic argumentation will emerge, as well as calling on ecological safety. After the reinforcing of the regulation on the principles of establishing and important for negotiations will emerge – compensation money for the lost possibility of the use of land under the transmission lines. All the above indicates that the real participation of the general public in deciding on transmission lines investments must go much further than results from Polish and European laws, and be greater than seen by Aarhus Convention. And practically all initiative in this matter is in the hands of an investor.

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Notes: The administrative structure in Poland is as follow:

Governmental administration • Government (Prime Minister and Ministries) • Voivodship (Voivods)

Voivod is in charge of a voivodship (there are 16 voivodships in Poland). The Prime Minister nominates Voivods.

Selfgovernmental administration

• Poviats (starosta) or towns on rights of poviats (town president, burmistrz) Starosta – in charge of a poviat, elected. Each voivodship is divided into several poviats. Town president – president of a large town, elected. Burmistrz – in charge of a small town, elected.

• Gminas (voit) Voit – in charge of gmina, the smallest administrative unit in Poland, each poviat has usually several gminas.

Comment on the diagram (overleaf): At present conditions the choice of the procedure initiating EIA depends to significant degree on the interpretation of the law by the authorities.

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Flow diagram showing the main components of an EIA procedure in Poland

Uncertain

Define proposal

Initial evaluation

EIA required

No EIA

1st phase: - Public information - EIA Report - collecting remarks etc. - eventually public discussion - answering, generating draft report

Licence for building

2nd phase: - public information - Full technical and formal documents - EIA Report

Decision on the conditions for building and spatial management

End Continue

Post investment phase: Operating licence Auditing Monitoring

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PORTUGAL

1. Objectives • Establish at National level the existing obligations (Grid code to whatever degree,

bilateral agreements between Authorities and Electricity Companies, etc.) of Electricity Companies/Utilities, which are binding all interested parties.

• Formulate a common policy that can be proposed to the Electricity Industry in Europe and the National Electricity Regulators / Authorities that will be binding on all interested parties i.e. Local or National Authorities (Regulator, Town Planning Authority, Ministry of Environment, Transmission System Operators, etc.) and Electricity Companies as a Memorandum of Understanding for the acceptance of new Transmission lines and substations.

• Agree on points that can be proposed as additions to existing European legislation. 2. Introduction - our mission and responsibility The Portuguese national grid Company, Rede Eléctrica Nacional – REN, SA, has the responsibility for the transmission grid in the mainland Portugal. The transmission network is defined for law as including all overhead and underground lines, and substations operated at any voltage ≥ 110 kV. It also includes all operation facilities including the dispatch. The aforementioned responsibility is acquired through an exclusive concession for planning, building (transmission lines, substations, operation facilities and dispatch) and operating the Portuguese high voltage transmission system (existing levels of 150 kV, 220 kV and 400 kV), which stands between generation companies and the distribution companies. These ones then distribute power at progressively lower voltages to industrial areas and homes. The transmission system also includes all international interconnections with Spain. In broad terms, the transmission system consists of about 6 000 km of overhead lines, 15 km of underground cables and 45 substations to control the flow of power throughout the system. The implementation of a single market for electricity within the European Union came to reinforce the need for transmission infrastructures as the backbone of the market and one of the key instruments to guarantee the quality of electricity as a product. One of the statutory responsibilities of REN is to develop and maintain an efficient and economical system of electricity transmission using adequate procedures, techniques and materials to match the power demand while keeping full respect regarding quality, safety and environmental criteria. Somewhat differently from other industrial activities, this of course underlines the need for planning both at medium and long term ranges as one of the most important tasks of the transmission sector of the electrical industry, given the increasing complexity arising from the emergence of a greater number of new market players, either in generation as in distribution, as well as from the local authorities and the general public concerns regarding mainly overhead high voltage lines. The planning activity carried out by REN involves studies to evaluate the technical and economical conditions of operation, taking in account the development for medium-term (Medium Term Plan) and the development for longer periods (Long Term Plan). Clearly, along with the technical conditions, the environmental conditions (in the broader sense that

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includes biological, urban, socio-economical, health and psychological aspects) that lead to a sustainable development of the society are also capital for the planning activity in as much as their perception by the society in general is the building block of a trusted relationship and thus, the pillar for Public Acceptance of new infrastructures of the transmission grid. In Portugal, once the Network Development Plan and the consequent Investment Plan are drafted, they have to be submitted for approval by higher instances, namely the Regulatory Agency, ERSE – Entidade Reguladora do Sector Eléctrico, and the Ministry of Economy. 3. Regulatory Controls for Infrastructures of Electricity 3.1 New High Voltage Overhead Lines (150 kV, 220 kV and 400kV): 3.1.1 Technical Legislation The Portuguese Safety Code for High Voltage Electrical Lines, covering both overhead and underground lines, was reviewed in 1992. This code is concerned mainly with the technical aspects that have incidence both in safety of installations and persons, which must be taken into account during Line Design as well as with some minimum technical requirements to be observed regarding materials and design parameters. Besides this code, several international norms and recommendations are also considered, mainly on subjects left uncovered by the Safety Code. Along with the Safety Code, several National Regulations restrict the placement of transmission lines in some areas of which a brief overview is given bellow: Urban Areas – placement is allowed; safety distances are defined to buildings, roads, etc.; administrative restrictions are defined in the Municipal Master Plan, regarding urban planning which may include exclusion zones; Cultural and Historical – Have technical restrictions of proximity; Archaeological - Have general restrictions (these areas shall be avoided to prevent any direct damage as destruction or deterioration); Agricultural – Technical restrictions regarding safety distance of the conductors (to watering devices, for instance); special administrative authorization if the area is classified within the Reserva Agrícola Nacional (RAN) – National Agricultural Reserve; special administrative authorization if the area is classified within the Reserva Ecológica Nacional (REN) – National Ecological Reserve; Forest – Technical restrictions regarding safety distance of the conductors; special administrative authorization if the area is classified within the Reserva Agrícola Nacional (RAN) – National Agricultural Reserve; special administrative authorization if the area is classified within the Reserva Ecológica Nacional (REN) – National Ecological Reserve; Restrictions to take down or looping of trees belonging to protected species under the Portuguese Law;

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Natural Parks – Have general restrictions; Natural Parks have a special autonomous authority under the Environment Ministry; line corridors within Natural Parks shall be regarded as most exceptional; Proximity to Buildings – safety distances of supports and of conductors must be observed (electrical clearances); overpass school buildings or sports grounds are not allowed by the Safety Code, except by special authorization provided under certain safety and environmental conditions. 3.1.2 Environmental Legislation Since 1990, the Portuguese legislation (DL 186/90), adopted the EC Directive 85/37/CEE regarding the Environmental Impact Studies for public and private projects. This legislation was further regulated and detailed (DR 38/90) to state the proceedings for Environmental Impact Studies (EIS) regarding high voltage overhead lines. In consequence, EIS was since then mandatory for overhead lines of voltage ≥ 200 kV, in a systematic basis. The EC Directive 85/37/CEE was modified by EC Directive 97/11/CE and the Portuguese legislation was also modified (DL 69/2000), regarding the Environmental Impact Assessment. Nowadays, the Environmental Impact Assessment procedures are carried out for every overhead line of voltage ≥ 220 kV and ≥ 15 km in length, and every overhead lines of voltage ≥ 150 kV and ≥ 10 km in length. It shall be noted, however, that the Portuguese law requires in sensitive areas all overhead lines to be submitted to Environmental Impact Assessment procedures. The Environmental Impact Assessment (EIA) procedure has two main instruments of assessment that are the Environmental Impact Study (EIS) and the Public Consultation. Both instruments are submitted to a Review Committee (RC) appointed specifically for each project under analysis by the EIA Authority. New EIA procedure in Portugal includes: • Scoping (optional, recommended in case of complex projects); • Environmental Impact Study (EIS) evaluation and analysis by the RC; • Review and final report by the RC; • EIA Decision – By the Minister based on the RC report; • Post-Evaluation – which may include immediate, mid term or long term monitoring

programs to be carried out by the proponent of the project. The EIA procedure shall take place, whenever possible, at an early stage of project development, in order to allow the assessment of alternatives. The Scoping phase, optional, allows the proponent to submit a scoping proposal to the EIA Authority, which seeks advice from the relevant public authorities. The explicit reference to this phase is therefore one of the most significant innovations in the present EIA legal framework. On a voluntary basis, the proponent may submit to the EIA Authority a scoping proposal and, upon the proponent’s initiative, this proposal may be submitted to public consultation. This

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procedure allows the definition of the relevant themes for the EIS and an early as possible assessment of the sensitive issues for the subsequent steps of the EIS and EIA procedures. The decision concerning the scoping proposal entails a mutual commitment, both for the Proponent and the Administration, in what regards the future contents of the EIS. 3.1.3 EIS preparation The identification and prediction of impacts of a given proposal represents one critical step, compelling proponents to pay special attention to the EIS preparation. The submission of a project at an early stage, where different locations and/or technical alternatives are comparatively assessed, greatly enhances the effectiveness of the EIA process. Thus, the Portuguese legislation allows the EIS to be carried out with a preliminary project or with the final detailed project. In the first case a special post-evaluation report must be submitted with the subsequent detailed project (see 3.1.5). A typical EIS has at least the following scope: a) Project description and justification; b) System alternatives; c) The Proposal (project characteristics) d) Flora and Fauna; e) Hydrology and Water Quality; f) Noise (Audible, Aeolian) and Radio & Television; g) Air Quality; h) Soil Stability; I) Landscape and Visual Impact; j) Land Use (Forestry; Areas of agricultural use; Industrial use; Urban areas; other

infrastructures); k) Impact on Humans; l) Electromagnetic fields (EMF); m) Social/Economic Considerations; n) Interference with other infrastructures (roads, railways, water ducts, pipelines, airports,

etc.); o) Monitoring Program; p) Impact of construction and operation; q) Impact of maintenance and decommissioning; r) Mitigation Measures; s) Conclusion; As part of the EIS a Non-Technical Summary (NTS) must be submitted both on paper and on digital support for publication on a dedicated Internet site. Whenever possible the EIS shall also be submitted on a digital support. Special care must be taken in the preparation of the Non-Technical Summary (NTS), particularly in what regards technical wording, in order to make all issues addressed understandable for the general public. 3.1.4 Review For each submitted Environmental Impact Study (EIS) a specific Review Committee is appointed by the EIA Authority. A declaration of technical acceptability of the EIS must be

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issued within 20 working days. The evaluation of the acceptability is based on the approved scope proposal, if one was previously submitted, or on the existing regulations. The Environmental Impact Assessment Decision is issued by the Minister of the Environment and Land Use Planning, under a proposal submitted by the EIA Authority, which is based upon the findings of the Review Committee and the results of the public consultation. The EIA decision, issued by a document designated Impact Assessment Declaration, is mandatory and valid for a limited period of 2 years. This declaration may state an approval of the project, a conditional approval submitted to certain conditions, changes or actions regarding the project, or a rejection of the project. 3.1.5 Post-Evaluation Post-evaluation is divided in two main procedures: a) Compliance of the detailed project design with the EIA decision; b) Monitoring and auditing, in all cases. Together with the detailed project, the proponent must submit to the EIA authority a report showing that the project was further developed in accordance with the EIA decision and that the proposed mitigation measures were incorporated in the design of the project. This report is called the Impact Assessment Compliance Report – IACR. 3.1.6 Monitoring and Auditing Either by proposal in the EIS or by the RC report, monitoring programs may be established to carried out during construction and/or operation of a line. The EIA authority may impose project or management adjustments and/or additional measures of mitigation in the case of unpredicted negative impacts. The EIA authority may perform audits to verify the compliance of the construction, operation or decommissioning of projects with the Impact Assessment Declaration and also to verify the accuracy of the monitoring programs. 3.1.7 Project Approval and Licensing The license for beginning the line construction is dealt with by the Ministry of Economy through its General Energy Directorate, once the project is approved (or conditionally approved) for the Ministry of the Environment and Land Use Planning upon issue of the Impact Assessment Declaration. At this stage two public inquiries were carried out, involving the local and regional authorities, advertisement at national newspapers and the Diário da República (this is the official newspaper were all laws issued by Government and proclaimed by the President of the Republic are published): one by the Ministry of Environment and another by the Ministry of Economy through the General Energy Directorate.

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The period needed to the complete approval procedure of the final detailed project is about ten (10) months, including six (lines 150 kV) or seven months (lines ≥ 220 kV) for the Environment Impact Assessment (EIA) procedures. 3.1.8 Compensation for the Landowners The approval of the project constitutes simultaneously the recognition of its public interest. On this basis, the concessionary is authorized to establish a high voltage line having access to public and private property. It must be pointed out that the establishment of an overhead line does not change the property rights, only introduces limitations on its use. So, the landowners remain the legitimate owners of the land under an high voltage line. Other important issue to accommodate the private interest with the establishment of an overhead line is the dialogue with the landowners in order to allow for small adjustments in tower locations, within the same property. This “fine tunning” is usually carried out at the construction stage, and involves small displacements to relocate towers nearer to limits of land parcels or to accommodate some convenience of landowner. In northern parts of Portugal where the population distribution is quite dense and rural properties very often quite small, this procedure is even more necessary as one the few effective means of minimizing impacts. Vineyards are grown in a characteristic way over horizontal steel wires arranged sometimes up to 6 or 7 m high. This also means special technical care in what regards safety measures. Once an installation license is secured, a negotiation process begins with the landowners affected aiming at compensating them for the onus that results from the presence of the line, damage of cultures, cutting of trees, property devaluation, and any damage to the property resulting from the construction works, not withstanding the reconstruction or replacement of any damaged goods. However, the procedure described does not prevent individual cases from arising, in which an agreement is not immediately reached, and recourse to arbitration (General Energy Directorate) or even to the courts is sometimes necessary. It all sums up to a rule in what landowners problems are concerned: in practice they are almost all solved by agreement between the parties. 3.2. New Transmission Substation (150 kV, 220 kV and 400kV): 3.2.1 Technical Legislation The Portuguese Safety Code for new Transmission Substation was modified and approved in September, 06-1985. This Code is concerned mainly with the technical aspects that have incidence both in safety of installations and persons, which must be taken into account during the Substation Design.

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3.2.2 Environmental Legislation Since 1990, the Portuguese legislation (DL 186/90), adopted the EC Directive 85/37/CEE regarding the Environmental Impact Studies for public and private projects. This legislation was further regulated and detailed (DR 38/90) to state the proceedings for Environmental Impact Studies (EIS) regarding high voltage overhead lines. In consequence, EIS was mandatory for every overhead line of voltage ≥ 200 kV, in a systematic basis. This, however, did not involve the establishment of substations. The EC Directive 85/37/CEE was modified by EC Directive 97/11/CE and the Portuguese legislation was also modified (DL 69/2000), regarding the Environmental Impact Assessment. Under this new legislation all substations of voltage ≥ 110 kV shall be submitted to the Environmental Impact Assessment prior to its establishment. Generally speaking the proceedings of Environmental Impact Assessment legislation that applies to the overhead lines also applies to transmission substations. 4. Main innovations of the new environmental impact assessment legislation 4.1 A Scoping phase is introduced (not mandatory); 4.2 Scoping may include a public consultation; 4.3 Environmental Impact Assessment decision, issued by the Minister of the

Environment and Land Use Planning, which is mandatory; 4.4 The proponent should present a monitoring programme and periodical

monitoring reports; 4.5 Monitoring and auditing reports are made public by the ministry and there are

some provisions for public involvement in the post-evaluation phase. 5. Environmental issue management in the Portuguese transmission grid Rede Eléctrica Nacional, S.A. (REN), has always assumed a proactive attitude when addressing the environmental issues affecting its activities. So, we have adopted publicly a “Declaration on Environmental Policy” and an “Environmental Code of Conduct”. REN is already ISO 9001 certified for the activities of design and construction of Lines and Substations and the implementation of an Environmental Management System according to ISO 14000 are also already planned within REN. 6. Policy for new transmission substations When building new substations, it is necessary to carry out Environmental Study Impacts and check several environmental aspects: land, water, vegetation, population, land use, urban planning, cultural heritage, protected natural sites, landscape, other existing or planned infrastructures, etc. (see “Annex 2 -Environmental aspects of network substations”).

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Substations are connected to the network through lines making it necessary to study the line corridors in the vicinity of the substation. Line corridors have a great influence on the geographical orientation of the substation and may impose the choice of the substation layout. Moreover, the environmental impacts associated with line corridors are determinant in the selection of a site for the substation. The substation site and the layout are closely coordinated with the study of the line corridors. Environmental compatibility sometimes requires special technical solutions for substations of the national grid. Thus, mostly in semi-urban or urban areas, compact totally enclosed substations have been designed and built. Such totally enclosed substations need also to address technical and environmental aspects in addition to those of conventional outdoor substations (see “Annex 3” for Additional technical and environmental aspects of totally enclosed substations). 7. Policy for new transmission lines When building new interconnections between substations, it is necessary to check different environmental aspects: land, water, vegetation, population, land use, urban planning, cultural heritage, protected natural sites, landscape, other existing or planned infrastructures, etc.(see “Annex 4 - Environmental aspects of network transmission lines”). The interconnections between substations are based upon standardized solutions of overhead line designs that satisfy the technical network and general environmental requirements. However, overhead lines do have undesirable impacts in urban areas, either aesthetical or not compatible with the intended land use. In such cases REN is doing an effort to devise other solutions that are technically viable and environmentally acceptable. These solutions have included underground cables or ducts in urban areas, and will include also compact aesthetic supports as well. When choosing corridors for lines a lot of parameters are weighted. As a general a priori criterion, transmission lines corridors are chosen as short as possible within the “maze” of conditioning parameters previously acquired and mapped during the project and EIS. EMF radiation levels and noise emission levels are always a primary concern. Its evaluation may consist of calculations as well as monitoring programs. REN makes a point of abiding by UE recommendations and national regulations on these subjects. In some cases this does not prevent REN from having to provide transparent, honest and updated information to the public, in order to balance a great deal of confusion and speculation over these issues. Any new transmission lines of whatever voltage, or extensions to existing overhead lines, ought to go through a national approval procedure supported by an Environmental Impact Study. Presently, compatibility of overhead lines and buildings in general is somewhat “fuzzy”. New transmission lines are designed and constructed avoiding as much as possible any overpass of buildings and with the understanding, by the EIA decision (mandatory) that a “green” corridor is to be secured, free from any buildings. However, under the law that establishes the conditions for the right of way, construction of buildings under the line is allowed provided safety distances are met. Under the law that establishes the conditions for the municipalities to license constructions, REN shall be consulted by the municipalities in every project

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interfering with a line corridor in order to verify the necessary technical conditions (safety distances from conductors and supports). In only a few cases administrative restrictions up to full exclusion are defined by municipalities regarding construction under a overhead line corridor. REN policy in this context has always been of positive constructiveness: in cooperation with municipalities and all stakeholders in general, honestly analyse all issues at stake, clearly explain the importance and value of the national grid installations for the welfare of the people in general, share its analysis of impacts and mitigation measures in order to agree on a basis that is accepted as giving a global added value to society in an environmental acceptable way. 8. Life Cycle Assessment (LCA) Life Cycle Assessment techniques, it are defined and described in the ISO 1400 series of standards. An LCA is intended to study all environmental impacts “from the cradle to the grave”. In practice this is not always feasible. In fact, one can continue indefinitely in certain chains. It shall be noted that ISO standards include a recommendation not to pursue an LCA as a far as compiling an index. The Life Cycle of the electricity transmission/distribution system, shall comprise: • Construction of transformer stations/switchyards and line networks • Production and Transport of materials used in the construction and operation of

transformer stations/switchyards and line grids • Transmission and transformation losses in the operation of network and transformer

stations • Operation and maintenance in the form of clearance, inspection trips, etc. • Production and transport of chemicals used in operation and construction • Demolition of transformer stations/switchyards and line grids, including handling,

recycling and deposition of demolition waste REN, S.A. has not yet started any LCA study or LC inventory of electricity transmission system. Some countries (Sweden, Norway and Denmark), have already carried out some LCA studies on high voltage lines (or at least life-cycle inventories). The results are expressed in environmental impacts per 1 KWh of electricity delivered to the consumer. In these models, the network losses are a major source of environmental impact of the transmission system. This impact may be viewed under two main aspects: one is the reduction in the efficiency of the use of the energy sources (of any kind) associated with generation of the electricity that is required to cover the losses in general and in the transmission system in particular; the second, when considering organic fuels as energy sources in thermal power plants, is the contribution to the greenhouse effect caused by the emissions that result from the generation needed to cover network losses. Of course, in this last case, the type of fuel used also plays a key role in the type and percentage of emissions per kWh of energy delivered. The modern trend towards eco-efficiency is therefore the use of less pollutant fuels (as for instance natural gas) alongside the increasing use of renewable energy sources (hydric, eolic, solar). Finally, but also very important, it shall be underlined that, besides the improved technical solutions designed to meet acceptable environmental criteria, improvements shall be made on the passive and active measures for the Demand Side

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Management (DSM) as those instruments are quite important to the global goal of minimizing the environmental impacts. They are in fact slow but sure procedures towards a global change in mentalities and habits aimed at a more efficient use of energy in every aspect of the human activity. All this serves to illustrate the complexity of the LCA studies in the several systems and subsystems of the electrical industry, sometimes even involving international processes and countries with different policies towards the subject. However, the insight that may be achieved by careful planned partial steps over the main subsystems, will prove to be an essential tool for the decision makers. 9. Achieving public acceptance REN,S.A. identifies two main issues regarding Public Acceptance of the national grid installations: conflict of interest regarding the land use; concern about eventual health problems related to EMF. As said before, in what regards the conflict of interest around the establishment of the transmission system infrastructures REN policy has always been of positive constructiveness: in cooperation with municipalities and all stakeholders in general, honestly analyse all issues at stake, clearly explain the importance and value of the national grid installations for the welfare of the people in general (in fact, one of the most difficult tasks, as electrical power is surprisingly perceived as a granted good, the very high voltage system is “far away” from the typical low voltage consumer, and the profile, policies and practice of distributors are not direct REN’s business), share its analysis of impacts and mitigation measures in order to agree on a basis that is accepted as giving a global added value to society in an environmental acceptable way. This, of course, is no trivial task, when local authorities do not willingly cooperate to the broader, “systemic” so to speak, view that is needed to understand the role of the electrical transmission system. In spite of this REN’s record of “hard” NIMBY processes is quite low and a lot of government, municipal and private agencies, environmental and otherwise, have cooperated to promote the success of some of REN’s projects. The way REN has been handling the EMF risk communication in order to achieve public acceptance to new transmission lines and substations is to be in line with the recommendations of the Council of the European Union “Limitation of Exposure of the General Public to Electromagnetic Fields (0 Hz – 300 GHz) of 1999-07-12. The publication “Electromagnetic Fields” of the World Health Organization (Regional Office for Europe) to Local Authorities, Health and Environment has proven to be an important tool to reassure the public and local authorities of the honest and transparent standing of REN on the issue. REN has promoted a Portuguese translation of this document and has made it available to people and organizations interested in an independent source of information on the subject. There is no easy path to achieve Public Acceptance. REN, S.A. over the last 5 years has achieved deep changes in the methods and policies around the activities of projecting and building lines and substations. These changes also included the positioning of its collaborators and workers on the subjects referred above, and specific training about environmental and public communication issues. To build and maintain a relationship of trust with the public is the key issue much more than intricate analysis that generally, albeit with

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great accuracy models, add very little to what is already known. Still, REN has a way to go in improving the general knowledge of its mission by the public. 10. Additions to Existing European Legislation The complexity of the whole process of projecting and building the transmission network stems mainly from the great number of authorities and entities with administrative, territorial and environmental responsibility, in what sometimes may be accurately described as a “labyrinthine process”. The very wide nature of the environmental issues, often involving sensitive political aspects or uncertainties regarding scientific knowledge are very prone to speculation, to counter which, as a rule, an effort for honest discussion is left solely at the capability of the promoters. The promoters shall have capacity to demonstrate that the role of the transmission networks is one intrinsic value to society and it is an essential contribution for the public welfare and general living quality. So, we cannot see how it that Community Entities can attenuate certain aspects of difficulties that arise, as specific problems of the laws, regulations and established relationships between the various sources of political, economical and social power in each country.

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PORTUGAL Annex 2: Environmental aspects of network substations ASPECTS DETAILED DESCRIPTION OF ENVIRONMENTAL ASPECTS REFERENCES Land The site should preferably be on fairly flat land. This would significantly cut down the

possible effects on the substratum by reducing the need for earth movements. The Area of the substation site must not be flood-prone / water stagnation. The terrain should be big enough and have a suitable layout for housing all substation equipment and services, including futures extensions.

Water The site should be chosen so as to avoid any damage to the natural drainage network, especially to permanent surface watercourses, avoiding their interruption, and to ground-water recharge areas, to avoid any damage to the underground network.

Vegetation When possible the substation should be sited in low-productivity farming areas or uncultivated land. The impact on vegetation of the future line corridors should be considered.

.

Fauna The site should be chosen so as to avoid any areas or spots listed as protected areas due to the importance of their animal communities.


As far as possible the substation must be sited away from population centres, areas of potential urban development. If technically this cannot be avoided then special design considerations ought to be sought. Any zones with a tourist and / or recreational potential must be avoided.

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ASPECTS DETAILED DESCRIPTION OF ENVIRONMENTAL ASPECTS REFERENCES Town Planning The local town planning policy needs to be taken into account when siting the

substation to avoid urban areas, development land or land held in reserve for possible future development.

Cultural Heritage

All areas should be avoided that contain items belonging to the cultural heritage, to prevent either direct damage, such as the deterioration or destruction of archaeological remains, or indirect, resulting from placing the substation in the vicinity of a monument and affecting its visual setting.


Consideration should be given to the presence of any infrastructure such as radio and television antennae and / or relays, airports and aerodromes, other projects, generating plant or substations belonging to other electricity companies, deposits of fuel or flammable material, dumps, military sites or any other infrastructure that might impose limitations on the siting of the substation and the incoming lines from other substations.


The substation should be sited outside and as far as possible from any areas listed as protected natural sites, especially national and natural parks, or other listings of similar standing. Wherever possible, the substation must be sited in areas of little scenic value.


The levels of Electro Magnetic Fields should be in full compliance with the relevant EE Directive.

8550/99

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PORTUGAL Annex 3: Additional technical and environmental aspects of totally enclosed substations ASPECTS Technical and Environmental aspects of totally enclosed substations REFERENCES Transformer oil

Transformer oil, in case of a failure, needs to be collected in totally sealed basins to protect the water strata of the neighbourhood. Access should be given to the fire brigade or other Authority to remove the collected oil in suitable containers and transfer it to an authorised plant for incineration or treatment.

Fire fighting and control

The substation has to be divided in distinct fire zones and areas that are rated as high risk to catch fire need to be equipped with an approved fire fighting system that ought to be known to the local fire Authorities.

Noise The substation in full operation should be so designed so that it won’t add to the ambient noise level above the regulated limits.

Land Depending on the availability of land enclosed substations can be built,

• Totally over-ground (cheapest and preferred) in close proximity with other buildings

• Partially underground with physical ventilation and cooling of heated up areas as part of a complex of buildings

• In exceptional cases, totally underground with forced cooling and ventilation.

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PORTUGAL Annex 4: Environmental aspects of network transmission lines ASPECTS DETAILED DESCRIPTION OF ENVIRONMENTAL ASPECTS REFERENCES Land The corridor of the line should preferably be as straight as possible with the minimum

visual and environmental impact.

Water The site of towers should be chosen so as to avoid any damage to the natural drainage network, especially to permanent surface watercourses, avoiding their interruption, and to ground-water recharge areas, to avoid any damage to the underground network.

Vegetation Where possible the line corridors should be sited in low-productivity farming areas or uncultivated land.

Fauna The line corridor should take in account the bird flight paths (bird migration) and the line design in these areas must considerer mitigation measures to minimise the problems (bird collisions).


As far as possible the line corridor must be sited away from population centres, areas of potential urban, tourist or recreational development. If technically this cannot be avoided then special design considerations and construction practices ought to be sought.

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ASPECTS DETAILED DESCRIPTION OF ENVIRONMENTAL ASPECTS REFERENCES Town Planning The local town planning policy needs to be taken into account when choose the line

corridor to avoid urban areas, development land or land held in reserve for possible future development.

Cultural Heritage

All areas should be avoided that contain items belonging to the cultural heritage, to prevent either direct damage, such as the deterioration or destruction of archaeological remains, or indirect, resulting from erecting towers or conductors in the vicinity of a monument and affecting its visual setting.


Consideration should be given to the presence of any infrastructure such as radio and television antennae and / or relays, airports and aerodromes, other projects, generating plant, deposits of fuel or flammable material, dumps, military sites or any other infrastructure that might impose limitations on the choose of the line corridor.


The line corridor should be sited outside and as far as possible from any areas listed as protected natural sites, especially national and natural parks, or other listings of similar standing. Wherever possible, the line corridor must be sited in areas of little scenic value.


The levels of Electro Magnetic Fields should be in full compliance with the relevant EE Directive.

8550/99

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SLOVENIA

Integration of Electric Power Transmission Facilities into Space in the Republic of Slovenia

The Slovenian electric power transmission system consist of main part of the 110 kV network with its transmission role, 220 kV and 400 kV network consisting of overhead transmission lines, distribution transformer stations and distribution stations. 1. Legislation In compliance with the applicable Slovenian Energy Law (EL) and the related sub-legal acts (still under preparation), each electric power transmission facility shall have to apply and be granted the energy permit. The empowered environmental legislation of the Republic of Slovenia is extremely rigorous and is being implemented on the basis of the following laws: Law on Environmental Protection, Law on Nature Preservation, Law on Natural Heritage, Law on Spatial Arrangements, Law on Settlement Arrangements and Other Interventions with Space as well as Law on Spatial Planning and Arrangements in the transition period. The law that strongly and decisively affects construction procedures foreseen for electric power transmission facilities is the Law on Plant Construction. The new Slovenian legislation for the above areas - preparations for which have been underway for several years - is believed too be more demanding than the applicable in many views. Namely, the environmental legislation is for certain areas more restrictive than the European directives; viewed from the natural and cultural heritage perspective, construction of electric power facilities is in certain regions absolutely prohibited. Very rigorous is also the Ordinance on Electromagnetic Radiation in the Natural and Living Environment; for the regions classified into the group for which the most severe environmental protection regime is foreseen, to have them optimally protected against electromagnetic radiation, the limit value for the electric field is 0.5 kV/m and for the magnetic field this value is 10 uT. It is quite unusual, compared to other practices world-wide, that the Slovenian energy sector has no Ministry of its own and that it operates under the Ministry of Environment and Space, which is primarily environmentally oriented. This state is the origin of continuous conflicting interests within the Ministry. 2. Integration with the National Spatial Plans All the Slovenian electric power transmission facilities are dealt with as facilities of the national importance. Based on the study of energy feasibility and environmental vulnerability, each individual facility has to enter an adopted procedure qualifying it for being admitted into the spatial plan of the Republic of Slovenia. After all the needed harmonisation among the various Ministries is achieved, the relevant proposal for a particular facility is now presented to the Slovenian Parliament for discussion and acceptance. Inclusion of a certain facility into the Republic plan does not always ensure availability of a adequate reservation in a spatial plan of a particular community. This is the reason why the last procedure of the kind took approximately three years.

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3. Integration into Space Based upon the proposal by the Bureau for Energy, the Minister of the Ministry of Space and Environment approves the preparation program for a facility which has been accepted into the Spatial Plan of the Republic of Slovenia. For this purpose, town planners make a comparative study of the possible variants (either of the spatial or technological character), in which they duly take into account criteria of all the involved ministries (approximately seven) and their corresponding professional services. After such study is revised, it is assessed by the community council which may, if so decided, ask for the public opinion. Based on the conclusions reached by the community council, the comparative study is now complemented (usually with new variants) whereupon a proposal is being made for its further consideration by the Committee for Infrastructure and Environment of the National Assembly. The Committee usually decides which variant should be selected and further discussed within a next procedure. Now follows a procedure for drafting the sitting plan, which has to be - together with a report on (harmful) effects of the discussed facility on the environment - shown to the public at the seat of all the crossed communities. After all the justified comments have been duly taken into account, the final draft of the sitting plan can now be made. For its definite and final approval some thirty consents are needed (administrative, by the rest of the infrastructure and by local communities). Now follows a decree with which the sitting plan, as well as resulting changes in spatial plans of the crossed communities, are approved. A usual problem to be coped with is the fact that in corridors for the planned overhead lines there already are facilities constructed, for which no permits have been given. In such case the path of the corridor must be changed several times despite the existence of the reservation. As a rule, such procedure takes two to three years. 4. Procurement of Permits and Concluding Contracts with Building Plot Owners Based of the accepted sitting plan, a planning-drawing company implements a project, which is needed for applying for the construction permit. Once the construction permit is granted, all the formerly already obtained consents must be provisioned anew (of a special importance are in particular the health and environmental consents). The construction permit must also be accompanied with contracts exhibiting actual servitude rights given by building plot owners for the entire corridor ( for the overhead lines of the 110 kV level this is 30 m, for the 220 kV level 40 m and for the 400 kV level 50 m) and for the electric towers. If no contract can be concluded with the plot owners, a request for a mandatory establishment of the servitude right is submitted to the Court. Such procedure may take several years. After all the above documents have been collected, a unique construction permit is obtained providing the basis for the commencement of work. The duration of the permit granting depends on the development of the Court procedures. Note: The issue has been dealt with also by the Study Committee 37, i.e. Planning and

Development of Electric Power Systems (WG09) of the Paris CIGRE. In 1992 the Committee made a comparative analysis of procedures for integration of these systems into space in various countries.

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SPAIN

Public Acceptance for Networks

1. Environmental and administrative process National Government In the Ministry of Environment the steps are: i) Environmental Impact Study (EIS) The contents of the EIS are defined by law and is required for: • All power lines of a voltage of 220 kV or more and a length of 15 km or more • Power lines crossing areas of special interest for 3 km or more • When the Autonomous Region legislation requires it • The substations do not require an EIS, unless the Autonomous Region legislation

requires it ii) Previous Consultations The Ministry of Environment sends a summary of the project to be done to all the organisms that can be interested or affected by the installation, like other administrations (autonomous and local), associations of neighbors, ecologists groups, NGO's etc., so they can present all the information they considered of interest about the environmental aspects of the project, and that will be included in the EIS. iii) Determination of the Route of Minor Impact With all this information the possible alternatives for the corridor are analyzed and the route with the minor environmental impact is determined and included in the EIS. iv) Public Information of the project and the EIS The project and the EIS undergo a period of time in which the general public can present complaints, proposals, alternatives or suggestions. v) Declaration of Environmental Impact If the Ministry of Environment considers that the project and the EIS are valid and the alternative proposed is environmentally correct, the project receives a positive Declaration of Environmental Impact and the administrative process can go on. In this step this Ministry can propose precautionary or corrective actions. In the Ministry of Economy (the former Ministry of Industry) the steps are: i) Administrative Authorization Once the proposed installation has been environmentally approved, this Ministry of Economy accepts it as part of the transmission network, so the company will be paid for it. ii) Public Service Declaration The Ministry of Economy declares that the installation is useful for the electrical system and the public. It is not required by law, but gives the installation some rights over private interests; for example: if is not possible to reach an agreement with the owner of the land

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crossed by a power line, this declaration enables the electrical company to expropriate and build the installation compensating the owner with the amount of money stated by a judge. If other administration (another Ministry, Autonomous Region or Local Government) does not agree with this declaration, el Council of Ministers of Spain must decide over it. iii) Project Approval The Ministry of Economy approves the project of the installation, with all the technical details and the precise locations of the pylons and substations. iv) Beginning of Activities Act The Ministry of Economy certifies that the installation has been constructed following the technical project and that it complies with all the laws and regulations. With this act the installation can be put in service. Autonomous Region Government Some autonomous regions have territorial plans that classify the land for different purposes. The power lines and substations must be installed where they are permitted. Local Government Although it is not required by law for power lines [it is for substations, like any other building or industry], Red Eléctrica always tries to reach an agreement with the local government and fix an economical compensation. Owners The company compensates the owners of any private property crossed by the power line. The amount of the compensation depends on the kind of affection (installation of the pylon, the conductors crossing the property…) and the value of the land. Usually the compensation is agreed, if not a judge must decide it. 2. Standards In Spain there is no standard about minimum distance from power lines or substations to buildings based on environmental reasons; the only distances established by law are based on electrical security. There isn't either a standard about exposure to electromagnetic fields, but the Ministry of Health is planning to approve a law based on the European recommendation about exposure of the general public to electromagnetic fields from 0 Hz to 300 GHz (1999/519/CE). Although it is not required by law, Red Eléctrica always tries to keep when locating a new installation a minimum distance of 1 km to villages and cities and, at least, 100 m to any isolated building.

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3. Environmental Aspects The environmental aspects cited in the Annex 2, 3 and 4 fit what is taken into account right now in the Environmental Impact Study when planning a new installation in Spain. We agree on everything except that we do not consider corridors along rivers. The Environmental Impact Study of a new high voltage installation of Red Eléctrica takes into account the following aspects: • Land • Water • Air • Vegetation • Fauna • Landscape • Social-Economic (population, town planning, cultural heritage, other infrastructures,

etc.) The protected natural sites are the most important environmental aspect in Spain: new installations must avoid these areas. 4. Other Aspects Now are under study other aspects like a Plan for the Social Acceptance of the new installations. 5. Example In 1986 Red Eléctrica received from the former Ministry of Industry the Administrative Authorization and the Public Service Declaration for the 400 kV power line Lada-Velilla, in Northwestern Spain. The Autonomous Region Government (Castilla y León) appealed to a Regional Court, because they considered that the Public Service Declaration of several natural sites (mounts and national reservation areas for hunting) crossed by the power line had priority over the power line. After a long legal struggle, the Supreme Court of Spain declared that the Public Service Declaration of the power line overruled the older ones, so the installation could go on. But in those years one of these areas was declared Regional Protected Natural Site and now there is a great social opposition, lead by some local governments, for the power line to cross it. The main reason is that a lot of activities [the installation of new industries, for example] are severely constrained in Regional Protected Natural Sites, so the population considers unfair the installation of the power line. They have presented a complaint to the European Court. As usual in other cases of social opposition, the arguments against the power line are mainly the affection to the local fauna and vegetation and the hypothetic health problems related to the exposure to electromagnetic fields.

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“Public Acceptance of Transmission Lines and Substations” Special technical solutions Regarding Red Eléctrica’s experience when applying technical solutions to promote public acceptance of transmission lines and substations, the following issues are to be taken into account: Painting pylons to mask them with the environment is not a recommended practice in those areas where airplanes or helicopters may fly. This is the case of woodlands, where, and when fires outbreak, these aerial means are needed to help with extinction, then, pylons are of great help to locate cables, moreover when visibility is difficult. We have to keep in mind that in Spain there are lots of wooden areas and fires are relatively frequent during summer time. Painting substations to improve visual integration is an issue that we have not yet putted into practice. However, at this time we are working on a project on landscape fitness of substations including painting of substations’ elements, which practices will start in 2002. Standard tubular pylons have been used in a section of a 400 kV line that forcedly had to cross an area with relatively high-density population. The target was to have a larger public acceptance of the line; however we have not made any research to evaluate its degree of acceptance or refuse. Until now we have not built any overhead line with underground cable sections, even when it is frequently demanded by the administration and by people affected by existing or projected transmission lines. Moreover considering its technical difficulty and cost, we think it is not an appropriate solution, because if a precedent is established, it could be arbitrarily demanded. We have made successful tests with infographic simulations (computerised on picture support) on line-alternatives, what enabled to demonstrate the best solution to competent authorities. As well as and to a smaller extend, on substations in which planting had been foreseen for its camouflage, showing the substation aspect with its plants and its evolution with the passing of time, what is specially useful to local Authorities. In this way we consider of great interest the contracts or conventions with local Administration (Municipality), which established at new installations, include compensating measures of social and environmental character.

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SWITZERLAND


1. Acceptance procedure Today, the legal procedure leading to the acceptance for new transmission lines and substations in Switzerland is divided into two separate parts. The first one is the preliminary procedure, which leads to the official acceptance of the necessity of a project by the federal government. The second procedure is based on an detailed project and leads to the final acceptance with the right of expropriation by a specially assigned federal authority. The total acceptance time for the whole procedure for a new project varies at the moment between 5 and 15 years, depending on the amount and the importance of the presented interest conflicts. In the preliminary procedure the system operator i.e. the project leader has to provide all arguments for the necessity of the project, to evaluate a possible route for the new line and to describe all possible conflicts along this route. After a preliminary acceptance of the project’s necessity by the federal authority the project leader has to initiate an environmental impact study. In a preliminary report the project is described with all possible alternatives for the routing of the line. All relevant impacts along the preferred route and the measures to minimize these impacts have to be described. This preliminary study has to be published and all interested parties are requested to state their concerns or objections. The federal authority assigns a task force for each project, which has to represent the different interest parties and to evaluate compromises in order to minimise the public interest conflicts. With this public settlement process the preliminary procedure is closed by the federal government that chiefly decides whether and under which conditions the project can be realised. In the following phase all technical documents are worked out in detail in parallel with the elaboration of the complete environmental impact study. The final documents for acceptance also contain a list of all concerned landowners. The owners who have not signed a remuneration contract with the project investor will be subjected to a expropriation procedure after acceptance. The final acceptance can only be decided after a second, more extensive public inquiry procedure in which every interested party can state its concerns or claims again. This decision can be disputed after publication within 30 days. In case of unresolved dispute with the exception of remuneration the federal government takes the last decision. 2. Remuneration Remuneration of landowners for the right-of-way is no problem in agriculture and forest zones. These remunerations are based on general accepted guidelines. In the case of land where buildings can be erected, the land has to be bought or the restriction for buildings has to be remunerated. In these cases the agreement on the remuneration can be a long-lasting legal procedure, but without any influence on the realisation of the project. Dr. Heinrich Zimmermann, Atel Transmission Ltd

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UNITED KINGDOM

Public Acceptance for New Transmission Lines and Substations The general statutory requirements and planning process for new transmission lines and underground cables along with those for substations are detailed in the paragraphs below. 1. Transmission Lines The development of new transmission lines and other works must be in accordance with the Electricity Act 1989 Schedule 9, which requires the developer to give due consideration to amenity, and in accordance with our duties under the Act, to develop and maintain an efficient, co-ordinated and economical system of electricity transmission. Currently the company’s schedule 9 statement is under review following concern by some shareholders that sufficient cognisance is being given to amenity. The existing schedule 9 statement can be found at the internet address: www.nationalgrid.com/uk/library/brochures/electricity_act_stmt/index.html The Draft Revised Schedule 9 Statement at: www.nationalgrid.com/uk/environment/schedule9brochure.pdf. The Consent of the Secretary of State for Trade and Industry (DTI) is required (Section 37 of Electricity Act) to construct a new overhead line. Planning permission for development under Town and Country Planning Act 1990 is required and this needs to be given by the DTI but requires the Local Council to accept the development through a Form B procedure. If the Local Council makes an objection to the new line then the Secretary of State must hold a Public Inquiry. This allows all cases for and against the new construction to be heard in a public process with the Secretary of State then making a final decision. Easements or Wayleaves for the line route are required from the land owners and occupiers. If a voluntary wayleave for a route is not granted by the owner/occupier then an application can be made to the Secretary of State (Schedule 4 of the Electricity Act) for a ‘necessary wayleave’. An environmental impact assessment is undertaken for all major new works and an Environmental Statement would accompany any applications for new transmission lines. Any new transmission lines that crosses tidal waters and special roads requires the specific permission of a Secretary of State, or in the respect of some special roads, the Special Roads Authority. The ‘Holford rules’ which are attached in Annex 2 detail guidance on National Grid’s approach to line routeing and undergrounding.

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2. Underground Cables The case for using underground cables is limited due to the extremely high additional costs, however, consideration will be given where the benefits of maintaining the visual amenity can be demonstrated to: • outweigh the adverse effects on other environmental factors • justify the high additional cost, and • where it is technically possible and will not conflict with the company’s statutory duties The installation of underground cables must comply with the Electricity Act. The construction of new underground cables does not require consent or planning permission. However, cable sealing ends and other associated assets may need appropriate planning permission. Easements are required from the land owners and occupiers. Where this is not forthcoming the company would pursue compulsory purchase agreements. An Environmental Statement is undertaken for major new underground cable works where there may be significant adverse effect on amenity. 3. Substations Planning permission under the Town and Country Planning Act 1990 is required from the Local Council for the development. The consent of the Secretary of State for Trade and Industry is not required for the development of substations and other sites. Environmental impact assessments will be undertaken as a report will be submitted to support the application. The land required for the new substation will need to be acquired from the existing landowner and appropriate easements for access will be required. There are compulsory purchase powers through the Electricity Act if necessary land cannot be acquired. Construction of Overhead lines and structures within operational land does not generally require Section 37. Annex 2 also contains guidelines used within National Grid on the siting and design of Substations (Horlock Rules)

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Annex 2: Additional relevant material • United Kingdom - The Holford Rules • United Kingdom - Guidelines on Substation Siting and Design • Luxembourg - Grand Ducal Decree of 4 March 1994 on environmental impact

assessment of certain public and private-sector projects

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THE NATIONAL GRID COMPANY PLC AND NEW HIGH VOLTAGE TRANSMISSION LINES: GUIDELINES FOR LINE ROUTEING (THE

HOLFORD RULES) AND UNDERGROUNDING 1 Introduction The National Grid Company plc (NGC) has a statutory duty under the Electricity Act 1989 to develop and maintain an efficient, co-ordinated and economical transmission system of electricity for England and Wales. It also has statutory duties in relation to preservation of amenity under Schedule 9 of the Act, and has published a Schedule 9 Statement setting down how it proposes to meet these. When there is a requirement to extend its network, NGC’s approach, in common with general world practice, is to seek overhead line connections wherever possible. The aim is to achieve a technically and economically feasible route with the minimum of intrusion on landscape, property, flora, fauna and the cultural heritage. This document is intended to provide guidance to NGC staff and consultants who are responsible for planning new high voltage transmission developments. It describes the standards and criteria which the company wishes its staff to aim to satisfy. As such, it represents a codification of existing practices coupled with new requirements to meet contemporary circumstances. The guidelines will be reviewed as changing circumstances require. 2. The Holford Rules Guidelines on line routeing were formulated in 1959 by Sir William Holford, later Lord Holford, who was a part-time member of CEGB. NGC has reviewed these guidelines and concluded that the Holford Rules have stood the test of time. NGC therefore intends to continue to employ them as a basis of the company’s approach to transmission line routeing. The original Rules are set out in an attachment, with some notes of clarification added. Since the formulation of the original Rules, formal requirements for environmental assessment have been introduced. While environmental assessments for transmission lines address wider topics than the visual amenity issue on which the Holford Rules concentrated, the Holford Rules are still an invaluable tool in selecting and assessing line routeing options as part of the environmental assessment process. 3. Undergrounding Underground cables are sometimes suggested as an alternative to overhead lines. However, there are severe disadvantages associated with high voltage underground cables and this is reflected in NGC’s policy on undergrounding. NGC has also produced guidelines for undergrounding. A paper is attached on undergrounding comprising NGC’s policy and guidelines, and an appendix summarising the main factors influencing NGC’s preference for overhead lines over underground cables.

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THE HOLFORD RULES: GUIDELINES FOR THE ROUTEING OF NEW HIGH VOLTAGE OVERHEAD TRANSMISSION LINES Rule 1

Avoid altogether, if possible, the major areas of highest amenity value, by so planning the general route of the line in the first place, even if the total mileage is somewhat increased in consequence.

Note on Rule 1

a Investigate the possibility of alternative routes, avoiding if possible the areas of

highest amenity value. The consideration of alternative routes must be an integral feature of environmental statements.

b Areas of highest amenity value are:

Areas of Outstanding Natural Beauty National Parks Heritage Coasts World Heritage Sites

Rule 2

Avoid smaller areas of high amenity value, or scientific interest by deviation; provided that this can be done without using too many angle towers, ie the more massive structures which are used when lines change direction.

Note on Rule 2

a Some areas (e.g. Sites of Special Scientific Interest) may require special consideration

for potential effects on ecology (e.g. to their flora and fauna). b Where possible choose routes which minimise the effects on the settings of areas of

architectural, historic and archaeological interest including Conservation Areas, Listed Buildings, Listed Parks and Gardens and Ancient Monuments.

Rule 3

Other things being equal, choose the most direct line, with no sharp changes of direction and thus with fewer angle towers.

Note on Rule 3

a Where possible choose inconspicuous locations for angle towers, terminal towers and

sealing end compounds.

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Rule 4

Choose tree and hill backgrounds in preference to sky backgrounds wherever possible; and when the line has to cross a ridge, secure this opaque background as long as possible and cross obliquely when a dip in the ridge provides an opportunity. Where it does not, cross directly, preferably between belts of trees.

Rule 5

Prefer moderately open valleys with woods where the apparent height of towers will

be reduced, and views of the line will be broken by trees.

Note on Rules 4 and 5

a Utilise background and foreground features to reduce the apparent height and

domination of towers from main viewpoints.

b Minimise the exposure of numbers of towers on prominent ridges and skylines.

c Where possible avoid cutting extensive swathes through woodland blocks and

consider opportunities for skirting edges of copses and woods.

d Protect existing vegetation, including woodland and hedgerows, and safeguard visual

and ecological links with the surrounding landscape.

Rule 6

In country which is fiat and sparsely planted, keep the high voltage lines as far as possible independent of smaller lines, converging routes, distribution poles and other masts, wires and cables, so as to avoid a concatenation or ‘wirescape’.

Note on Rule 6

a In all locations minimise confusing appearance.

b Arrange wherever practicable that parallel or closely related routes are planned with

tower types, spans and conductors forming a coherent appearance; where routes need to diverge, allow where practicable sufficient separation to limit the effects on properties and features between the lines.

Rule 7

Approach urban areas through industrial zones, where they exist; and when pleasant residential and recreational land intervenes between the approach line and the substation, go carefully into the comparative costs of undergrounding, for lines

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other than those of the highest voltage. Note on Rule 7

a When a line needs to pass through a development area, route it so as to minimise as far

as possible the effect on development. b Alignments should be chosen after consideration of effects on the amenity of existing

development and on proposals for new development. c When siting substations take account of the effects of the terminal towers and line

connections that will need to be made and take advantage of screening features such as ground form and vegetation.

Supplementary Notes (a) Residential Areas

Avoid routeing close to residential areas as far as possible on grounds of general amenity.

(b) Designations of County, District and Local Value

Where possible choose routes which minimise the effect on Special Landscape Areas, Areas of Great Landscape and other similar designations of County, District or local value.

(c) Alternative Tower Designs

In addition to adopting appropriate routeing, evaluate where appropriate the use of alternative tower designs now available where these would be advantageous visually, and where the extra cost can be justified.

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Guidelines on Substation Siting and Design (The Horlock Rules)

THE NATIONAL GRID COMPANY plc

NGC SUBSTATIONS AND THE ENVIRONMENT: GUIDELINES ON SITING AND DESIGN

Section I INTRODUCTION

1 The National Grid Company plc’s (NGC’s) policy statement on the environment

recognises the importance of giving due regard to protecting and enhancing the environment and taking into account the environmental effects of the Company’s actions. The Company has statutory duties in relation to preservation of amenity under Schedule 9 of the Electricity Act 1989, and has published a Schedule 9 Statement setting out the manner in which it proposes to meet these duties.

2 NGC has a statutory duty under the Act to develop and maintain an efficient, coordinated and economical transmission system of electricity for England and Wales. New transmission lines, new substations, sealing end compounds, line entries, additions and extensions to existing substations may be required to provide new connections for customers or reinforcement of the national grid system arising from changes in the demand for and generation of electricity.

3 This document explains the approach NGC takes towards such developments (Section II) and contains Guidelines (Section III) to assist those responsible for siting and designing substations to mitigate the environmental effects of such developments and so meet the Company’s policy. The document complements the Company’s Holford Rules guidelines on the routeing of high voltage transmission lines and when appropriate should be used in conjunction with them.

4 The guidelines are to be used by NGC staff, their consultants, and contractors in the siting and design of new substations and extensions to substations. They reflect the criteria the company requires its staff, consultants and contractors to satisfy.

5 As recognised in its Schedule 9 Statement NGC places importance on consultation with statutory planning and amenity bodies over its proposals for new developments. NGC believes that the availability of these guidelines will assist in such discussions by referring to the main considerations relevant to substation siting, and will thereby assist in achieving the most appropriate siting and design solutions.

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Section II NGC’S APPROACH TO DESIGN AND SITING OF SUBSTATIONS

Approach to the Environment

6 NGC’s environmental policy recognises the importance of giving due regard to protecting and enhancing the environment and taking into account the effect on the environment of all the Company’s actions. Following the principle of integrating environmental considerations into all its activities, NGC seeks to keep known adverse effects on the environment to a reasonably practicable minimum and, in accordance with its duties under Schedule 9 of the Electricity Act, the Company gives due regard to the preservation of amenity and takes reasonable steps to mitigate the effects of its relevant proposals. To achieve these aims the Company therefore has to balance technical, economic and environmental considerations to reach reasonably practicable development proposals.

7 The guidelines (Section III) deal with the amenity issues associated with the siting and design of new substations and major extensions or major modifications to existing substations. They cover a range of key issues from the time options are initially considered to final design, including form, silhouette and colour of the entire development in relation to the surrounding area, and also related issues such as overhead line entries, since these are dominant features in any substation.

Environmental Report

8 In order to achieve these objectives, the environmental effects of new substations and

extensions or modifications to existing substations will be assessed and where appropriate an environmental report prepared describing the effects and mitigative measures. Items to be considered are summarised in Appendix A. Integrating Environmental Considerations into Power System Planning

9 The nature of transmission system planning is such that scheme proposals and options may go through various stages before it is finally decided to proceed with construction.

10 The purpose of each proposal for substation, sealing end compound or line entry development should be set out in a brief, and a range of system and siting options should be evaluated and documented as part of the selection of the preferred solution. In each case the effects of the overall development on the environment should be assessed, prior to a commitment to a particular site or design.

11 When it is clear a project is likely to proceed, an assessment should be made of any

additional skills required to deal effectively with the range of environmental, land use, planning and design issues. Consideration should also be given to consultation as soon as reasonably possible with appropriate statutory planning and amenity bodies.

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Liaison with other Electricity Companies

12 NGC will encourage and recommend other parties such as power generators or

regional electricity companies to adopt these guidelines when working with NGC on proposals for substations, sealing end compounds or line entries.

Post Construction Review

13 Following completion of the project, a review should be undertaken to check that the

necessary measures identified in the environmental report have been implemented.

Section III GUIDELINES

Overall System Options and Site Selection

1 In the development of system options including new substations, consideration must

be given to environmental issues from the earliest stage to balance the technical benefits and capital cost requirements for new developments against the consequential environmental effects in order to keep adverse effects to a reasonably practicable minimum. Amenity. Cultural or Scientific Value of Sites

2 The siting of new NGC substations, sealing end compounds and line entries should as far as reasonably practicable seek to avoid altogether internationally and nationally designated areas of the highest amenity, cultural or scientific value by the overall planning of the system connections.

• Notes:

1 Internationally and nationally designated areas of highest amenity,

cultural or scientific value are:

National Parks; Areas of Outstanding Natural Beauty; Heritage Coasts; World Heritage Sites; Ramsar Sites; Sites of Special Scien4fic Interest; National Nature Reserves; Special Protection Areas; Special Areas of Conservation.

2 Care should be taken in relation to all historic sites with statutory

protection eg Ancient Monuments, Battlefields and Listed Buildings.

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3 Account should be taken of Government Planning Policy Guidance and

established codes of practice.

4 Account should be taken of any development plan policies relevant to the siting or design of substations.

3 Areas of local amenity value, important existing habitats and landscape features

including ancient woodland, historic hedgerows, surface and ground water sources and nature conservation areas should be protected as far as reasonably practicable.

Local Context. Land Use and Site Planning

4 The siting of substations, extensions and associated proposals should take advantage

of the screening provided by land form and existing features and the potential use of site layout and levels to keep intrusion into surrounding areas to a reasonably practicable minimum.

• Notes:

1 A preliminary study should be undertaken to identify the extent of land

required to meet both operational and environmental needs. 2 In some instances it may be possible to site a substation partially or

fully enclosed by existing woodlands. 3 Topographical information should be obtained at an early stage. In

some cases a geotechnical survey may be required. 5 The proposals should keep the visual, noise and other environmental effects to a

reasonably practicable minimum.

• Notes:

1 Allow sufficient space for screening of views by mounding or planting. 2 Consider appropriate noise attenuation measures where necessary. 3 Use security measures which minimise visual intrusion from lighting. 4 Consider appropriate on site water pollution prevention measures. 5 Consider adjoining uses and the amenity of local inhabitants.

6 The land use effects of the proposal should be considered when planning the

siting of substations or extensions.

• Notes:

1 Issues for consideration include potential sterilisation of nationally important land, eg Grade 1 agricultural land and sites of nationally scarce minerals.

2 Effects on land drainage.

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Design 7 In the design of new substations or line entries, early consideration should be given to

the options available for terminal towers, equipment, buildings and ancillary development appropriate to individual locations, seeking to keep effects to a reasonably practicable minimum.

• Notes:

1 With outdoor equipment, a preference should be given normally to a

low profile design with low height structures and silhouettes appropriate to the background.

2 Use lightweight narrow section materials for taller structures especially for gantries over about 6 metres in height.

3 Commission exterior design and colours appropriate to the surroundings.

4 Materials and colours for buildings, equipment and fencing should be chosen to harmonise with local surroundings

5 Where possible avoid the use of prominent insulators by consideration of available colours appropriate to the background.

6 Where possible site buildings to act as visual screens for switch gear. 7 Ensure that the design of high voltage and low voltage substations is

coordinated by early consultation between NGC and its customers. 8 Where there are particular technical or environmental constraints, it

may be appropriate to consider the use of Gas Insulated Switch gear (GIS) equipment which occupies less space and is usually enclosed within a building.

9 Early consideration should be given to the routing of utility service connections.

8 Space should be used effectively to limit the area required for development consistent

with appropriate mitigation measures and to minimise the adverse effects on existing land use and rights of way, whilst also having regard to future extension of the substation.

• Notes:

1 Assess the benefit of removing redundant substation equipment from

existing sites where this would improve their appearance. 9 The design of access roads, perimeter fencing, earthshaping, planting and ancillary

development should form an integral part of the site layout and design to fit in with the surroundings.

Line Entries 10 In open landscape especially, high voltage line entries should be kept, as far as

possible, visually separate from low voltage lines and other overhead lines so as to

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avoid a confusing appearance. 11 The inter-relationship between towers and substation structures and background and

foreground features should be studied to reduce the prominence of structures from main viewpoints. Where practicable the exposure of terminal towers on prominent ridges should be minimised by siting towers against a background of trees rather than open skylines.

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NGC SUBSTATIONS - ENVIRONMENTAL REPORT Introduction All proposals for significant extensions of existing substations or for new substations and associated development should be the subject of an environmental appraisal and an environmental report should be produced. The project manager will be responsible for ensuring that an appropriate appraisal is undertaken and report prepared, with due regard to expert advice available to the team. For a major development a scoping exercise should be undertaken with the contribution of appropriate skills to establish the range and depth of the appraisal. It will generally be appropriate at this stage to consider consultation with the local planning authority. A clear distinction should be drawn between the preparation of an environmental report which will be undertaken in most cases and a full environmental statement(ES) which may on occasion be required under UK environmental assessment legislation, for example where the substation forms part of a major new power station for which an ES may be needed. Recommended Content of Environmental Reports for Substations Section 1 Information describing the project during construction, when operational and on de-commissioning including: 1.1 Purpose and physical characteristics of the project, including details of access and

transport arrangements and employment. 1.2 Land use requirements and other physical features of the project. 1.3 Operational features of the project and relevant measurements of emissions such as

noise, vibration, light, heat and electric and magnetic fields. 1.4 Main alternative sites considered and reasons for final choice. Section 2 Information describing the site and its environment including: 2.1 Physical features such as:

- Flora and fauna - Soil: agricultural quality, geology - Water courses including land drainage generally - Climatic factors - Historic heritage and archaeological sites - Landscape and topography - Local recreational uses

- Proximity of population and any other relevant environmental features.

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2.2 The policy framework

The policy framework including all relevant statutory designations such as national nature reserves, sites of special scientific interest, national parks, areas of outstanding natural beauty, heritage coasts, special protection areas, special areas of conservation, regional parks, country parks, national forest parks, local nature reserves, areas affected by tree preservation orders, water protection zones, minerals protection zones, nitrate sensitive areas, conservation areas, listed buildings, scheduled ancient monuments, and designated areas of archaeological importance. It should also include references to Structure, Unitary and Local plan policies applying to the site and the surrounding area which are relevant to the proposed development as well as to any international designations.

Section 3 Assessment of effects on the surrounding area and landscape including: 3.1 Visual effects, emissions during normal operation, noise, light, impact on local roads

and transport. 3.2 Effects of the development on buildings, the architectural and historic heritage and

archaeological features. 3.3 Loss of, and damage to flora, fauna and geology 3.4 Land use/resource effects such as:

- quality and quantity of agricultural land to be taken - sterilisation of mineral resources and alternative uses of the site

3.5 Changes to hydrographic characteristics 3.6 Air and Climate 3.7 Indirect matters such as:

- traffic (road, rail, air, water) related to the development, - development associated with the project, eg new roads, sewers, power lines,

pipelines, telecommunications etc. Section 4 Mitigation measures 4.1 Where significant adverse effects are identified, a description of the measures to be

taken to avoid, reduce or remedy those effects, eg

a) site planning;

b) technical measures eg equipment selection, recycling of waste or redundant parts, pollution control and treatment, containment (eg shielding of

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transformers and bunding);

c) aesthetic and ecological measures eg: - mounding, design, colour, landscaping, tree planting - measures to preserve particular habitats or create alternative habitats - recording of archaeological sites - measures to safeguard historic buildings or sites.

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PERMISSIONS REQUIRED TO BUILD NEW TRANSMISSION LINES, CABLES AND SUBSTATIONS 1. Law and authority To build new transmission lines, cables and substations requires a permit from both the Local Council and from the Norwegian Water Resources and Energy Directorate. In general two different permits are required: • Permit according to the Town and County Planning Act is given by the Local Council • Permit according to the Energy Act is given by The Norwegian Water Resources and

Energy Directorate If there should arise a disagreement between the local Council and the Norwegian Water Resources and Energy Directorate, the disagreement will be settled between the Ministry of Petroleum and Energy and the Ministry of Environmental Issues. It is of importance to avoid such disagreements as they delay the building process. 2. Permit according to the Town and County Planning Act The purpose of the Town and County Planning Act is to ensure, in general, that areas and natural resources are managed in an optimal manner, in addition to the esthetical considerations. All building projects must be built according to the local area plans. The act has for larger projects strict requirements that the builder documents the consequences for the environment, the natural resources, and the community. For example, this must be done for all transmission lines and cables with voltage 132 kV or greater, and with length above 20 km. Normally the local councils grant electrical constructions exemption from the local area plans, because they consider that these projects are treated sufficiently by the Norwegian Water and Energy Directorate. Problems arise when the local council disagrees with the use of the area for the desired electrical construction. For instance, they might disagree with the choice of transmission line instead of underground cable. In such cases, the local council will not grant an exemption, but will demand that the electrical company make a private area plan according to the Town and County Planning Act. All public area plans are sent to, among others, the electrical companies. This gives the electrical companies a chance to include their interests in the area planning, for instance to secure an area for a substation in new housing areas. This will simplify the later building process. Since 1997, the required permit according to the Town and County Planning Act has been simplified for electrical constructions. A building license is not anymore necessary, under the condition that a permit has already been given by the Norwegian Water Resources and Energy Directorate. This change only regards the actual building construction, not the considerations regarding the use of area mentioned above.

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The reason for the simplification is that the construction of transmission lines, cables and substations already is handled by the Norwegian Directorate for Product and Electrical Safety. This change has greatly simplified the building process. 3. Permit according to the Act of Energy The procedure for giving a licence depends on the voltage of the electrical construction. For lower voltages (normally < 33 kV), an area licence is given to each electric company. Within a specific geographical area, the local electric company can build transmission lines, cables and substations, without involving the Norwegian Water Resources and Energy Directorate. The Directorate is only involved if there should arise a conflict with other interests. For electrical constructions involving higher voltages (normally > 33 kV), a detailed application is required from the electric company. For transmission lines and cables with voltage 132 kV or greater, and of length 20 km or greater, the consequences must be documented, as stated above. The application is open for the public, and is sent to all public and other interests that might be directly involved in the project. In addition, the Norwegian Water Resources and Energy Directorate often arranges local public meetings, before taking a decision regarding the application. 4. Other matters Buying permission to use property The permission involves the right the build, maintain, and renew electrical constructions, including forest clearance under transmission lines. A written agreement with the landowner is usually arranged for smaller projects. Expropriation and statement of value in court is a normal procedure for greater projects involving several properties. Expropriation and permission to use the property before expropriation, is usually applied for at the same time as applying for the electrical licence mentioned above, and is also given by the Norwegian Resources Water and Energy Directorate. Expropriation of property is time consuming. 5. Corridor width for transmission lines Electric companies buy a right to prohibit future housing and industry under transmission lines within a certain corridor width, depending on voltage and fase distance. The Norwegian Directorate for Product and Electrical Safety specifies the minimum distance to a line, but a larger distance is usually chosen by the electric company to simplify future maintenance and renewal.

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Grand-Ducal Decree of 4 March 1994 on environmental impact assessment of certain public and private-sector projects

We, Jean, by the grace of God Grand-Duke of Luxembourg and Duke of Nassau decree the following under the amended Act of 9 May 1990 on dangerous, unhealthy or inconvenient installations; under the Act of 21 April 1993 on the approval of natural persons or legal entities in the private or public sector, with the exception of the state, for the execution of environmental technical assessment and audit commissions; in view of the opinion of the Chamber of Private-Sector Employees; in view of the opinion of the Chamber of Employment; in view of the opinion of the Chamber of Agriculture; the opinions of the Chambers of Commerce, Trade, Civil Servants and Public-Sector Employees having been solicited; having heard our Council of State; in response to the report by our Minister of the Environment and following deliberation by the government in committee: Article 1 Area of application The purpose of these regulations is to assess the environmental impact of the premises decreed by the Grand Ducal regulations as amended on 18 May 1990 which determine the list and classification of hazardous or insanitary premises or premises for carrying out noisy or noxious trades. Article 2 Definitions The following definitions apply under these regulations: 1. “Project” means the implementation of construction work or other installations or work

and other measures in natural surroundings or in the country, including those intended for exploitation of land resources.

2 “Principal” means the applicant for permission for a private-sector or approved public-

sector project, who is in charge of said project. 3. “Authorisation” means the decision by the competent authority or authorities entitling

the principal to implement the project. 4. “Minister” is the minister whose responsibilities cover protection of the environment.

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Article 3 Appendices The following appendices constitute an integral part of these regulations: - Appendix I: Premises covered by Article 4, sub-paragraph 1; - Appendix II: Information covered by Article 7. Article 4 Premises which are, by their nature, subject to an impact assessment 1. The categories of premises included in Appendix I hereof are, by their nature, subject to

assessment of their impact on the environment; 2. Premises which are not covered by Appendix I hereto, but which are on the list drawn

up under the amended Grand-Ducal regulations of 18 May 1990 which determine the listing and classification of hazardous or insanitary premises may be subjected to an environmental impact assessment by virtue of their nature, characteristics or location.

Article 5 Implementation of assessment of impact In the absence of any statutory or regulatory stipulation to the contrary, impact assessments must be carried out by the principal, who may be a natural person or legal entity, under private or public law. The principal may commission one or more natural persons or legal entities approved by the minister in accordance with the law of 21 April 1993 on approval of natural persons or legal entities, other than the state, for carrying out the assessment and executing environmental technical assessment and audit commissions. Article 6 Examination of impact assessments The assessments of environmental impact are studied by the minister who may, ex officio, reject it and order completion at the expense of the principal if it is deemed incomplete. Article 7 Content of the assessments of impact 1. The information to be supplied by the principal within the scope of an environmental

impact assessment comprises the specific items listed in the Appendix to these regulations.

2. Said information must be appended to the application for permission and always

comprise at least the following:

a) A description of the premises stating their nature, location, design, dimensions, use, installations, the procedures to be implemented and the approximate quantities of products to be produced or stored.

b) A description of the measures planned to prevent or reduce the main

inconveniences and risks posed by the premises and, if possible, measures likely to rectify them.

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c) The data required to identify and assess the main environmental impact of the premises.

d) A non-technical summary of the above.

Taking account of the knowledge and existing methods of evaluation, this information may be used as a basis for drawing up a specification on the content of the environmental impact assessment to be submitted and the methodological approach to be applied. Article 8 Cross-border cooperation If a project is likely to have a significant effect on the environment in another state, or if a state likely to be significantly affected so requests, the information gathered under article 7 hereof will be communicated to said state at the same time as it is communicated to domestic nationals. Such information will provide the basis for any consultation required within the scope of bilateral relations between the two states. Article 9 Implementation Our Minister of the Environment is commissioned with the implementation hereof, which will be published in the Gazette.

The Minster of the Environment Château de Berg, 4 March 1994 Alex Bodry Jean

APPENDIX I Premises covered by Article 4, paragraph 1 1. Crude oil refineries (with the exception of those producing only lubricants from crude

oil) and installations gasifying and liquefying at least 500 tonnes of coal or bituminous shale daily.

2. Thermal power stations and other combustion installations with caloric power of at least

300 MW and nuclear power stations and other nuclear reactors (with the exception of research into the production and conversion of fissile and fertile material of which the maximum power does not exceed 1 kW permanent thermal duration).

3. Installations intended solely for the permanent storage or final disposal of radioactive

waste. 4. Integrated plants for the initial smelting of cast iron and steel. 5. Installations intended for the extraction and conversion of asbestos and products

containing asbestos into asbestos cement products with annual production in excess of 50 tonnes of finished products; in the case of other uses of asbestos, annual use of more than 200 tonnes.

6. Integrated chemical plants.

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7. The construction of motorways, arterial roads, routes for long-distance rail traffic and

airports with a runway with a length of 2,100 metres or more. 8. Commercial harbours, waterways and inland ports accessible by vessels with a

displacement in excess of 1,350 tonnes. 9. Installations for the disposal of toxic and hazardous waste by incineration or chemical

treatment or its surface storage. APPENDIX II Information covered by Article 7 Information to be provided within the scope of assessment of impacts involving at least the following factors: a) Analysis of the initial condition of the affected site and its surroundings by the

installation; b) A description of the installation, to expressly include: - A description of the physical properties of the entire installation and requirements in

terms of land use on construction/use of the installation; - A description of the principal features of the procedures used for construction and/or

use of the installation, particularly the type and quantities of substances and materials used and/or produced;

- An estimate of the type and quantities of residue and the anticipated emissions resulting

from the construction and/or use of the installation. c) Depending on the circumstances, an outline of the principal alternative solutions

considered by the principal and an indication of the principal reasons for his choice, with regard to the effects on the natural and/or human environment;

d) A description of the environmental aspects likely to be affected by the installation,

particularly man, the fauna, flora, the soil, water and air; the climatic factors, material assets, including architectural and archaeological sites, the landscape and the relationship between the aforegoing;

e) A description of the significant effects which the installation is likely to have on the

human and/or natural environment resulting from:

- the construction and/or use of the installation - use of natural resources - emission of pollutants, creation of nuisances or waste disposal

Inclusion by the principal of the forecasting methods used to assess the effects on the human or natural environments;

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f) A description of the measures intended to avoid, reduce and, if possible, compensate for the negative effects of the installation on the human and/or natural environment and an estimate of the corresponding expense;

g) A non-technical summary of the information communicated on the basis of the

aforegoing; h) A summary of any difficulties and particularly of any technical lacunae and/or

omissions in the knowledge gained by the principal in compiling the information gathered.

The minister will place the information in his possession at the disposal of the principal.

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Annex 3: Abbreviations CIGRE International Conference on Large High Voltage Electric Systems CENELEC European Committee for Electrotechnical Standardisation

EE or EU or EC European Union

EIA Environmental Impact Assessment

ES Environmental Statement

EURELECTRIC Union of the Electricity Industry

EMF Electromagnetic Fields

ISO International Standards Organisation

IRPA / ICNIRP International Radiation Protection Association/

International Commission on Non-ionising Radiation Protection

kV Kilo Volts

LCA Life Cycle Assessment

m Meters

MVA mega Volt Amperes

OH lines Overhead lines

OHTL Overhead Transmission Line

SF6 Sulphur Hexafluoride

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