Issuing of the permission for the generation of electricity.

APPROVED

by the Order No O1E-

of the Chair of National Energy Regulatory Council

of December 2019

DESCRIPTION OF ADMINISTRATIVE SERVICE PROVISION

OF THE NATIONAL ENERGY REGULATORY COUNCIL

ISSUING OF THE PERMISSION FOR THE GENERATION OF ELECTRICITY

1.	Name of the service	Issuing of the permission for the generation of electricity.
2.	Recipients of the service	Natural persons Legal persons
3.	Type of the service: electronic/non-electronic service	Electronic service Non-electronic service
3.1.	Link to the e-service (if the service is electronic)	https://www.epaslaugos.lt/portal/service/28044/16020?searchId=2bf497f4-6240-4e6c-b917-d7b0f515105f
3.2.	Link to the application form/forms (if the service is non-electronic)	The application form for issuing/changing/amending/renewing the permission to operate in the electricity sector approved by the Resolution No 829 of the Government of the Republic of Lithuania of 7 August 2019 "On the Approval of Rules Concerning the Issue of Permissions for the Activities in the Electricity Sector". Application.doc Application.pdf
4.	Duration of the service provision	Within 30 calendar days of the receipt of necessary data and documents the Council shall issue a permission or provide a reasoned refusal in writing to issue a permission. If a response is not made to a duly submitted application for the issue of the permission within the specified time limit, a positive decision to issue the permission is deemed to have been taken. The established condition on the time limit of the permission issue is not applied when judicial disputes with third persons regarding the conditions (territory) of the regulated activities or other reasons, justifiable by significant public interests, exist and the applicant is informed about it in writing by the Council before the end of the indicated time limit. In this case, the permission shall be issued or a reasoned written refusal to issue the permission shall be submitted to the applicant not later than within 30 calendar days, when the relevant dispute proceedings have ended or after no reasons, justifiable by significant public interests, remain due to which the decision on the permission issue has been delayed.
5.	Price of the service	According to the list of specific state fee rates approved by the Resolution No 1458 of the Government of the Republic of Lithuania of 15 December 2000 "On the Approval of the Specific State Fee Rates and the Rules on Payment and Refund", the fixed state fee rates are paid: Issue of the permission for the generation of electricity – EUR 65; Amendment of the permission for the generation of electricity – EUR 50; Amendment of the permission for the generation of electricity – EUR 50; Issue of the duplicate of permission for the generation of electricity – EUR 10.
6.	Methods and procedures of payment for the service (also including the payment possibility for foreigners)	The state fee is paid to the budget revenue collection accounts of the State Tax Inspectorate under the Ministry of Finance; payment code is 5782.
7.	Description of the service provision process	Permits to produce electricity shall be issued to natural persons who have the right of residence in the Republic of Lithuania or legal persons established in the Republic of Lithuania, or legal entities of the other Member States or other organizations established in the Republic of Lithuania. Permission to produce electricity shall be granted to a person who: 1. Constructed new energy generating facility (power plant) to produce electricity in accordance with the existing permit to develop electricity generation capacity; 2. Increased the installed capacity of existing power plants in operation, in accordance with the existing permit to develop power generation capacity. In this case: 2.1. A new permit is issued for the production of electricity with the total installed capacity of electricity generating equipment where it is not technically possible to separate the electricity generating equipment and to account separately for the electricity produced and supplied to the grid. The permit issued for the production of electricity shall indicate the date and number of the previous permit to produce electricity and shall indicate the installed capacity of the generating plant. A previous permission to produce electricity shall be invalidated by a new permission; 2.2. A new permit for the production of electricity shall be issued to a person who has installed additional capacity of electricity production equipment, when technical means are installed in order to separate the quantities of electricity produced in separate generating capacities and supplied to the electricity networks; 3. Under the procedure and regulations established by legislation, the operating energy facility (power plant) is run on the basis of the property or other legitimate grounds acquired from another person, who has previously owned an energy facility (power plant) or another person who has a valid permit to produce electricity. A person, wishing to obtain a permission, or the holder of the permission submits documents required for issuing, changing, amending a permission and (or) amending the data in the permission, issuing a duplicate of the permission, suspending the validity of a permission, annulling the suspension of validity of a permission, cancelling the validity of the permission, and renewing the permission directly to the Council either remotely (by post, courier, e-mail, and other secure means of electronic communications) or through Points of Single Contact. A representative of the person or permit holder who has the right to represent him or her and has submitted a power of attorney in accordance with the procedure established by legislation may submit the documents of the person or permit holder and complete the application. When submitting documents and information via means of electronic communication, electronic documents or digital copies of documents are provided. The application shall be signed by the qualified electronic signature of the applicant. The applicant and the holder of the permission have the right to receive information on the decisions made by the Council and on requests for the submission of additional information directly from the Council either remotely, through the Point of Single Contact or by other ways indicated in the application. Permissions for activities in the electricity sector shall be granted for an unlimited period. Permits for Electricity Production at Power Plants in the territorial sea of the Republic of Lithuania and / or the exclusive economic zone of the Republic of Lithuania in the Baltic Sea shall be issued on the basis of valid permit issued in accordance with the Renewable Energy Law Article 22 to operate part of the territorial sea of the Republic of Lithuania and / or the exclusive economic zone of the Republic of Lithuania in the Baltic Sea on the basis of the development and operation of plants using renewable energy sources and shall remain valid until the date of expiry of this permit.
8.	Information and documents to be provided by the person	A person applying for a permit to produce electricity shall submit an application form and the following documents: 1. Documents certifying that a person is a natural person and has the right to reside in the Republic of Lithuania or a copy of the certificate of incorporation (establishment in the Republic of Lithuania) of a legal person, legal persons of other Member States or units of other organizations; 2. The construction completion certificate or the construction completion declaration made in accordance with the procedure established by the Law on Construction of the Republic of Lithuania and its implementing legislation, when the construction of a new energy facility (power plant) for the production of electricity or the reconstruction of an existing energy facility (power plant) for the production of electricity is completed, except when it is not mandatory to list the construction after the completion of the construction or reconstruction of completion act or declaration of completion of construction; 3. Documents certifying that the power generating equipment has been tested and serviceable, also conforms to the requirements of the technical regulations of electrical equipment safety and applicable standards of the Republic of Lithuania or the requirements of other standards approved in the European Union or by international agreement (Technical Equipment Inspection Certificate); 4. Documents justifying compliance with requirements for fuel quality requirements of fuel storage or maintenance and use of reserve fuel stocks: 4.1. Documents justifying the capacity of the power generating equipment to store or maintain stock of reserve fuel if the technological power generating capacity exceeds the total (electric and thermal) capacity of 5 MW; 4.2. A quality certificate (certificate, passport) issued by the manufacturer or supplier of fuel used in power generation equipment and documents certifying the conformity of the fuel used with the mandatory quality requirements for fuel used in the Republic of Lithuania; NOTE: The requirements set out in points 4.1 and 4.2 do not apply to power plants using wind, solar, hydropower, geothermal or other renewable energy sources which are not combusted to generate energy, and Point 4.2 does not apply to plants using biofuels, provided that the fuel is not subject to the biofuel quality requirements established by legislation; 5. A certified copy of the contract for the payment of compensation under Article 49 (8) of the Renewable Energy Act for part of the investment and other costs necessary to carry out the national security functions and the documentary proof of fulfilment of this obligation if the wind farm is located in an area subject to national security restrictions; 6. A document justifying that the Government of the Republic of Lithuania has recognized the waste management facility as an energy object where the municipal waste remaining after sorting and not suitable for processing is used as fuel for energy production; 7. A document authorizing the permit holder to demolish the power plant or to dismantle the electricity generating installations, the grids required for their connection and the demolition or dismantling in accordance with the connection conditions issued by the network operator for the preparation of a demolition or dismantling project, subject to the entry into force of the Council decision to withdraw the permission for the production of electricity from renewable energy sources; 8. A document certifying the permission of the application, if the application is submitted by an authorized natural or legal person; 9. A copy of the order or bank receipt confirming payment of the state fee, if the application is not submitted through the electronic services portal. A permit for electricity production shall not be required if the person intends to produce electricity only for his own use and for household needs, without supplying electricity to the grid, with an installed capacity of 30 kW or less, likewise, if the person meets the definition of a consumer of electricity from renewable energy sources (Article 2 (9) of the Law on Electricity) and intends to produce electricity in installations for the production of electricity not exceeding 30 kW from renewable energy sources. In the case when a person intends to supply the produced electricity to the electricity grids, in accordance with the procedure set forth in Paragraph 64 of the Regulations, he shall obtain a permit for the development of electricity generation capacity and a permit to produce electricity as specified in Paragraph 68 of the Rules. Permission for the production of electricity in the case of distributed generation, that is to say, when the electricity generating equipment is connected to the electricity distribution network and the installed capacity of the generating plants does not exceed 10 kW, shall be issued under a simplified procedure by providing the Council with the date of issue and registration number of the application of the form specified in the Annex to the Rules, which contains the document certifying that the power generating equipment is tested and serviceable, also meets the requirements of the technical regulations of electrical equipment safety and applicable standards of the Republic of Lithuania or other (Inspection certificate for the technical condition of energy equipment). A person shall submit an application for a new permission with documents confirming the reorganisation of the legal person only when the legal person is reorganised. If the permit to generate electricity is issued on the basis provided for in Paragraph 9.3 of the Rules, an application shall be submitted within 30 calendar days after the acquisition of the power generating equipment (power plant), which shall include the registration data of the ownership or other legal grounds. In the case where it is not obligatory to register property rights or other grounds of lawful management in the Real Estate Register in accordance with the procedure established by legislation, the application shall be followed by documents certifying the lawful ownership of the operating energy object (power plant). A permit previously issued to a person for the production of electricity shall be invalidated upon the issue of a new permit. If personal data indicated in the permission is changed, including the change of the name and (or) surname of the natural person, or either the name or code of the legal person, not later than within 10 working days of the occurrence of the changes, the holder of the permission informs the Council in writing about these changes by completing the application form indicated in Chapter 12 of this description and by providing documents confirming the changed data. Within 30 calendar days of the registration of the application of the holder of the permission and all suitably formalised documents at the Council, the changed respective permission is issued, which states that the permission is issued on the basis of the changed permission. The holder of the permit shall notify the Council in writing within 10 working days of the change in the territory specified in the permit for the production of names of administrative units and residences in accordance with the provisions of the Law on Territorial Units and their Limits, an application in the form referred to in Paragraph 12 of this description and submitting evidence of change. Within 30 calendar days of the registration of the application of the holder of the permission and all suitably formalised documents at the Council, the changed permission is issued, which states that the permission is issued on the basis of the changed permission. The electricity production permit shall be revised in order to reduce the installed capacity of the power plant specified in the permit. The permit for electricity production shall also be revised in the case where it is planned to use fuels other than those specified in the valid permit for the production of electricity in existing electricity generating equipment without reconstructing them. The request for revision of the installed capacity of the power plant specified in the valid permit to produce electricity shall be accompanied by explanations and/or documents substantiating the change in the installed capacity; the fuel specified in the permit for the production of electricity shall be accompanied by documents proving that the requirements of the planned economic activity have an impact on the environment and public health.
9.	Contact information of the service provider (position, name and surname, e-mail, phone number of the responsible employee)	Specialists from the Energy Efficiency and Permit Division of the Gas and Electricity Department of the Council. Contact information is available on the website of the Council at http://www.vert.lt/lt/struktura-ir-kontaktai/kontaktai
10.	Appeal procedure against actions (inactions) of the service provider	The decisions of the Council shall be appealed in accordance with procedures and conditions laid down by the Law on Administrative Proceedings of the Republic of Lithuania.
11.	Contacts of organisations that can provide necessary information or practical assistance to the recipients of services (if such organisations are known)
12.	Legislation Regulating the Provision of the Administrative Service	1. The Law on Energy of the Republic of Lithuania; 2. Law on Electricity of the Republic of Lithuania; 3. Law on Energy of Renewable Sources of the Republic of Lithuania; 4. Rules for issuing permissions for the activity in the electricity sector approved by the Resolution No 829 of the Government of the Republic of Lithuania of 7 August 2019 "On the Approval of Rules for Issuing Permissions for Activities in the Electricity Sector" (hereinafter – Rules).