ELECTRICITY PRODUCTION
LexInter | January 30, 2002 | 0 Comments

ELECTRICITY PRODUCTION

TITLE II
ELECTRICITY GENERATION

Article 6

I. – Before December 31, 2002, an orientation law on energy will set out the guidelines for the multi-year programming of production investments.
The Minister in charge of energy decides and makes public the multi-year production investment program which sets the objectives in terms of the distribution of production capacities by primary energy source and, where applicable, by production technique and by geographical area . This programming is established in such a way as to leave room for decentralized production, cogeneration and new technologies. This programming is the subject of a report presented to Parliament by the Minister responsible for energy in the year following any renewal of the National Assembly. The first of these reports is presented in the year following the promulgation of this law.
To prepare this program, the Minister in charge of energy is based in particular on the collective energy services plan and on a multiannual forecast report drawn up at least every two years, under the control of the State, by the operator of the public transport network. This assessment takes into account changes in consumption, transport and distribution capacities and exchanges with foreign networks.

II. – As part of the multi-year investment program, new production facilities are operated by any person, subject to the provisions of articles L. 2224-32 and L. 2224-33 of the general code of local authorities, as soon as this person holds an operating license obtained in accordance with the procedure provided for in article 7, where applicable following a call for tenders as provided for in article 8.
However, installations whose installed capacity per production site is less than or equal to 4.5 megawatts are deemed authorized upon simple prior declaration addressed to the Minister in charge of energy, who verifies its compliance with the provisions of this law.
Installations which replace an existing installation or increase its installed capacity by at least 10% as well as installations whose primary energy source changes are also considered as new production installations within the meaning of this article. For installations whose installed capacity increases by less than 10%, a declaration is made by the operator to the Minister in charge of energy.

III. – In the event of a serious crisis on the energy market, a threat to the security or safety of electrical networks and installations, or a risk to the safety of persons, temporary safeguard measures may be taken by the minister responsible for energy, in particular with regard to the granting or suspension of authorizations, without these measures being eligible for compensation.

Article 7

I. – The authorization to operate is issued by the Minister in charge of energy.
The authorization is personal and non-transferable. In the event of a change of operator, the authorization can only be transferred to the new operator by decision of the Minister responsible for energy.
When submitting an application for authorization to operate a new production facility, the Minister in charge of energy makes public its main characteristics in terms of production capacity, primary energy source, production technique. and location in order to ensure perfect transparency in the implementation of the multi-year investment program.
II. – The administrative titles issued in application of the law of October 16, 1919 relating to the use of hydraulic energy constitute authorization within the meaning of this law.
III. – Existing installations, duly established on the date of publication of this law, are deemed to be authorized under this article.
IV. – The producers authorized under this article are deemed authorized to consume the electricity thus produced for their own use, subject to the provisions of articles L. 2224-32 and L. 2224-33 of the general code of local authorities.

Article 8
When the production capacities do not meet the objectives of the multi-year investment program, in particular those concerning production techniques and the geographical location of the installations, the Minister in charge of energy may resort to the appeal procedure. offers, after consulting the public transmission network operator and, where applicable, each public distribution network operator concerned.
The Minister in charge of energy defines the conditions of the call for tenders implemented by the Electricity Regulatory Commission on the basis of detailed specifications. The energy, technical, economic and financial characteristics, the expected use and the region of location of the production facility subject to the call for tenders are specified.
Any person may participate in a call for tenders, subject to the provisions of Articles L. 2224-32 and L. 2224-33of the general code of local authorities, operating or wishing to build and operate a production unit, installed on the territory of a Member State of the European Community or, within the framework of the execution of international agreements, on the territory of any other state.
After obtaining the reasoned opinion of the Electricity Regulatory Commission, the Minister in charge of energy appoints the candidate or candidates selected following a call for tenders. When making his decision, the Minister publishes the opinion of the commission. It issues the authorizations provided for in article 7. It has the option of not responding to the call for tenders.
When they are not selected, Electricité de France and, within the framework of their legal purpose when the production facilities are connected to their distribution network, the non-nationalized distributors mentioned in article 23 of Law No. 46 -628 of April 8, 1946 mentioned above are required to conclude under the conditions set by the call for tenders, an electricity purchase contract with the successful candidate, taking into account the result of the call for tenders.
Electricité de France or, where applicable, the non-nationalized distributors mentioned in Article 23 of Law No. 46-628of April 8, 1946 concerned preserve the confidentiality of information of an economic, commercial, industrial, financial or technical nature of which the department which negotiates and concludes the electricity purchase contract is aware in the performance of its missions and of which the communication would be likely to infringe the rules of free and fair competition and non-discrimination imposed by law. The list of this information is determined by decree of the Council of State. Is punished with 100,000 F fine the disclosure to any person outside the service who negotiates and who concludes the purchase contract of one of the aforementioned information by a person who is custodian either by state or by profession, or by reason a function or a temporary assignment.

Article 9

I. – The criteria for granting the authorization mentioned in article 7 relate to:
– the safety and security of public electricity networks, installations and associated equipment;
– the nature of the primary energy sources;
– the choice of sites, land use and use of the public domain;
– energy efficiency ;
– the technical, economic and financial capacities of the candidate or the applicant;
– compatibility with the principles and missions of public service, in particular the objectives of the multiannual programming of investments and the protection of the environment;
– compliance with the social legislation in force.
The same criteria are used to draw up the specifications for the calls for tenders mentioned in article 8.
The granting of an authorization under this law does not exempt its beneficiary from obtaining the titles required by d ‘other legislation.
II. – Decrees in the Council of State fix the modalities of application of Articles 6 to 9.

Article 10

Subject to the need to preserve the proper functioning of the networks, Electricité de France and, within the framework of their legal purpose and when the production facilities are connected to the public distribution networks they operate, the non-nationalized distributors mentioned in article 23 of the aforementioned law no 46-628 of 8 April 1946 are required to conclude, if the interested producers so request, a contract for the purchase of the electricity produced on the national territory by:
1o The facilities that recover household or similar waste mentioned in Articles L. 2224-13 and L. 2224-14of the general code of local authorities or which aim to supply a heating network; in the latter case, the installed capacity of these installations must be commensurate with the size of the existing network or to be created;
2o Installations whose installed capacity per production site does not exceed 12 megawatts which use renewable energies or which implement efficient techniques in terms of energy efficiency, such as cogeneration, when these installations cannot find customers eligible under reasonable economic conditions with regard to the degree of openness of the national electricity market. A Council of State decree sets, by category of installations, the limits of installed power per production site of the installations which can benefit from this purchase obligation. These limits are revised to take into account the gradual opening of the national electricity market.
A decree specifies the obligations that are imposed on producers benefiting from the purchase obligation, as well as the conditions under which the ministers responsible for the economy and energy decide, after consulting the Regulation Commission of the electricity, the conditions of purchase of the electricity thus produced.
Subject to the maintenance of current contracts and the provisions of article 50, the obligation to conclude a purchase contract provided for in this article may be partially or totally suspended by decree, for a period which may not exceed ten years, if this obligation no longer meets the objectives of the multiannual investment programming.
The contracts concluded in application of this article by Electricité de France and the non-nationalized distributors mentioned in article 23 of the aforementioned Law No. 46-628 of April 8, 1946 provide for purchasing conditions taking into account the investment costs and operating avoided by these buyers. The purchasing conditions are periodically revised in order to take into account the evolution of avoided costs and charges mentioned in I of article 5.
In addition, the Minister in charge of energy can, for reasons of security of supply, order that the production installations existing on the date of publication of this law using indigenous coal as primary energy be called in priority by the service manager of the public transport network in a proportion not exceeding, during a calendar year, 10% of the total quantity of primary energy necessary to produce the electricity consumed in France.
Any resulting additional costs are borne by the public electricity production service fund created by Article 5.
The National Public Service Electricity Observatory is kept informed of the conditions of application of this article.

Article 11

I. – Chapter IV of Title II of Book II of Part II of the General Code of Local Authorities is supplemented by a section 6 entitled: “Distribution and production of electricity”, in which are inserted two articles L. 2224-32 and L. 2224-33 worded as follows:
“Art. L. 2224-32. – Subject to the authorization provided for in Article 7 of Law No. 2000-108 of 10 February 2000 mentioned above and to the extent that the electricity produced is not intended to supply eligible customers, the municipalities, on their territory, and the public cooperation establishments, on the territory of the municipalities which are members thereof, may, in addition to the possibilities opened up by the twelfth and thirteenth paragraphs of article 8 of law no.46-628of the aforementioned April 8, 1946, develop and operate under the conditions provided for by this code any new hydroelectric installation with a maximum power of 8,000 kVA (maximum power of the generating machines capable of operating simultaneously), any new installation using other renewable energies , any new installation for energy recovery from household or similar waste mentioned in Articles L. 2224-13 and L. 2224-14, or any new installation for cogeneration or energy recovery from installations intended to supply a heating network under the conditions set by the tenth paragraph (6o) of article 8 of law no.46-628of April 8, 1946, when these new installations result in energy savings and a reduction in atmospheric pollution.
“The provisions of the previous paragraph apply without prejudice to the maintenance of the production activities existing on the date of publication of the aforementioned Law No. 2000-108 of February 10, 2000, in application in particular of Article 23 of the Law of October 16, 1919 relating to the use of hydraulic energy.
“For the installations mentioned in this article falling within the scope of article 10 of law no. 2000-108of February 10, 2000, the aforementioned municipalities and public cooperation establishments of which they are members benefit, at their request, from the obligation to purchase electricity produced under the conditions provided for in this article.
“Art. L. 2224-33. – As part of the public distribution of electricity, and subject to the authorization provided for in article 7 of Law No. 2000-108of February 10, 2000, the aforementioned electricity distribution licensing authorities referred to in I of Article L. 2224-31 may develop, operate directly or have their electricity distribution concessionaire operated any power generation installation. local electricity with a power lower than a threshold fixed by decree, when this installation is such as to avoid, under good economic conditions, of quality, safety and security of the electricity supply, the extension or the reinforcement public electricity distribution networks under their jurisdiction. ”
II. – Subject to the authorization provided for in article 7 of this law, the non-nationalized distributors mentioned inof April 8, 1946 above, as long as they have legal personality and financial autonomy, can operate electricity production facilities to meet the needs of customers located in their exclusive service area, including eligible customers.

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