Last Updated July 22, 2019

Law and Practice

Authors



Nagashima Ohno & Tsunematsu is one of the foremost providers of international and commercial legal services based in Tokyo. The firm has over 450 lawyers, including over 30 experienced foreign attorneys from various jurisdictions, and its overseas network includes offices in New York, Singapore, Bangkok, Ho Chi Minh City, Hanoi and Shanghai, and collaborative relationships with prominent local law firms throughout Asia and other regions. The firm regularly advises leading power utilities, trading companies and investors on their energy projects as well as regulatory matters, and financial institutions on financing on those projects. The firm has dealt with a number of renewable power projects since the introduction of the feed-in tariff in Japan. The firm represented Tokyo Electric Power Company Group on establishing an alliance platform with Chubu Electric Power Co, Ltd in the fuel and power business (including the establishment of a joint venture company, JERA).

In general, the Electricity Business Act requires a person who intends to generate electricity for sale (unless its quantity falls below 10 MW) to notify METI of being an operator of Electricity Generation Business. The Act also requires the operator to be a member of OCCTO.

The operator is also required to proceed with an environmental impact assessment in accordance with the Environmental Impact Assessment Act (Act No 81 of 1997, as amended) (as modified by the Electricity Business Act) when it intends to construct a generation facility of a certain prescribed capacity. There are some local governments that establish their own environmental impact assessment process for the construction of a generation facility of a smaller capacity.

In general, the operator is required to file a construction plan of a generation facility with METI no less than 30 days prior to its commencement if it has a certain prescribed capacity.

With respect to the construction of a thermal power plant with a fossil energy source, the Act on Rationalising Energy Use requires the operator to endeavour to ensure that such thermal power plant satisfies a standard of power generation efficiency as set out in the Act and its related regulations.

With respect to a nuclear power plant, under the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors, the permission of NRA is required for the installation of a nuclear reactor and the approval of NRA is required for its construction plan, and the operator has to obtain approval from METI on a construction plan in accordance with the Electricity Business Act.

Nagashima Ohno & Tsunematsu

JP Tower
2-7-2 Marunouchi
Chiyoda-ku
Tokyo
Japan
100-7036

+81 3 6889 7000

+81 3 6889 8000

info@noandt.com www.noandt.com
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Authors



Nagashima Ohno & Tsunematsu is one of the foremost providers of international and commercial legal services based in Tokyo. The firm has over 450 lawyers, including over 30 experienced foreign attorneys from various jurisdictions, and its overseas network includes offices in New York, Singapore, Bangkok, Ho Chi Minh City, Hanoi and Shanghai, and collaborative relationships with prominent local law firms throughout Asia and other regions. The firm regularly advises leading power utilities, trading companies and investors on their energy projects as well as regulatory matters, and financial institutions on financing on those projects. The firm has dealt with a number of renewable power projects since the introduction of the feed-in tariff in Japan. The firm represented Tokyo Electric Power Company Group on establishing an alliance platform with Chubu Electric Power Co, Ltd in the fuel and power business (including the establishment of a joint venture company, JERA).

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