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).

Under the Electricity Business Act, a person who intends to generate electricity for sale (unless the quantity of electricity generated is below 10 MW) is required to submit to METI a notification form filled in with certain prescribed information such as location of the generation facility and the power source and other specifications of the facility. The operator is also required to submit to OCCTO an application for OCCTO’s membership prior to submitting the notification to METI. A generation facility so constructed must pass a pre-use investigation conducted by METI before it starts commercial operation.

The environmental impact assessment under the Environmental Impact Assessment Act (as modified by the Electricity Business Act) has the following steps.

  • Consideration statement – the operator prepares a statement of the environmental impact that the operators expect the construction to have, and submits it to METI for review; the operator is expected (but not obliged) to publish it to seek comments from the public.
  • Scoping statement – based on the consideration statement as revised to reflect METI’s comments and the public’s comments (if any), the operator prepares a statement defining the scope and methodology of the environmental impact assessment that the operator proposes to implement, submits it to METI and the relevant local government for review and publishes it to seek comments from the public.
  • Environmental impact assessment – based on the scoping statement as revised to reflect the comments of METI, and the relevant local government and the public’s comments (if any), the operator shall implement the environmental impact assessment.
  • Draft environmental impact statement – based on the environmental impact assessment implemented, the operator prepares a draft of the environmental impact statement, submits it to METI and the relevant local government for review and publishes it to seek comments from the public.
  • Environmental impact statement – taking into account the comments of METI, and the relevant local government and the public’s comments (if any), the operator prepares an environmental impact statement, submits it to METI for review and, based on METI’s feedback (if any), finalises the environmental impact statement, submits it to the relevant local government and publishes it. METI has the authority to issue an order to further revise the environmental impact statement if it thinks such revision necessary to ensure due consideration of environmental impact.

Under the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors, the operator may not install a nuclear reactor without obtaining the permission of NRA and approval of its construction plan from NRA.

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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