The New Build Adventure

Transcription

1 The New Build Adventure Experience with politics, the courts and technology from the Datteln 4 new build project Andreas Willeke E.ON New Build and Technology GmbH VGB Congress Power Plants 2012 in Mannheim, 12 October 2012

2 The Datteln site State: North Rhine-Westphalia Administrative region: Münster District: Recklinghausen Location: Northern Ruhr area 35,400 inhabitants Intersection of four canals Node of the railway power network E.ON location since % district heat supply 2

3 Key data of project Fuel: Electrical output: Max. heat rating: Traction power output: District heat output: hard coal 1,100 MW gross MW thermal 413 MW 16.7 Hz 380 MW thermal Net efficiency: > 45 % Project implementation in about 50 main lots without general contractor Traction power production via static converter system with four 103 MW blocks District heat production for Datteln and the Ruhr area via a 13 km pipeline Harbour for shipment of heavy components, coal and by-products 3

4 History of permit procedures 2004 Start of specific planning and liaison work 2005/06 Public consultation procedure Town council approves binding land-use plan no Preliminary approval Issue of first partial construction permit Start of construction work 2007/08 Legal proceedings against preliminary approval and 1st construction permit Application for judicial review against the municipality of Datteln. Issue of four further partial construction permits Higher Administrative Court declares the binding land-use plan void Temporary suspension of partial construction permits Court decision becomes final (after refusal of leave to appeal) Halt to construction under permits which have not become final 4

5 Work areas (2 nd and 3 rd construction permits = inside dotted line) 5 Overview Datteln ENT/PDa 5

6 Datteln 4 construction site On submission of complaint On court decision 8 months after start of construction 31 months after start of construction 6

7 Main reasons in the court decision for the cancellation of the land use plan Discrepancy between local and regional planning on the one hand and the requirements of state planning (concerning fuels, locations) on the other hand Transfer of the resolution of planning conflicts from the area of land-use planning to the area of pollution control law ( BImSchG ) The cancellation of the binding land-use plan does not mean that it would not be possible to obtain a permit for the power plant at the proposed site. 7

8 Deviation between state and local development plans Use of domestic fuel State Development Plan1995 D.II.2: Especially domestic sources of primary energy shall be used for electric power generation... Designated power plant site In the state development plan issued in the 1970s, a power generation location (including four nuclear reactors) was indicated at a distance of 5 km from the present site. The regional development plan currently provides for other use of the area ( Newpark industrial estate). 8

9 Planning procedures Permit procedures Planning and permit procedures Operating permit (BRM) Partial construction permits (BRM) Preliminary approval (BRM) Binding land-use plan (Municipality) Regional Plan (RVR) State development plan (NRW) 9

10 Construction site Permits Planning Schedule (schematic, not to scale) NRW state development plan (NRW) Regional development plan (RVR) Binding land-use plan (Datteln Municipality) New Permits BImSchG (BRM) Construction of main facilities Preservation Remaining construction work Modifications Cold commissioning Hot commissioning Test operation Time 10

11 Steps for the recovery of all permits Amendment of the regional development plan by the Ruhr Area Association (RVR) Adoption of new binding land-use plan by Datteln Municipality Issue of the permits still required by Münster Regional Administration (BRM) Regionalverband Ruhr Preparatory resolution Legal opinion Public consultation Evaluation Reconciliation hearing Evaluation Objective deviation procedure Confirmation by state planning Adoption resolution a Datteln Municipality Initial resolution Confirmation Early public involvement Evaluation Publication Evaluation Reconciliation Adoption resolution (after change of regional plan) a Approval authority: Münster Regional Administration Permits in accordance with Federal Pollution Control Act 11

12 Town and region planning processes Local and regional planning decisions are taken by political bodies (city councils, regional association assemblies). The decisions are based on deliberations (decisions not determined by law); planning authorities and expert witnesses compile the required for deliberations. There are no statutory requirements concerning the duration of procedures and the time taken before a decision is reached. Experts opinions are in some cases obtained for political reasons. Despite the work progress on the project that has already been achieved, the plant configuration determined in the planning process for Datteln 4 is based on a green-field site. For the investor, there is considerable uncertainty with respect to 1. the result of deliberations 2. the duration of the procedure. 12

13 The acceptance dilemma Time 13

14 Experience with public and media Communication is no guarantee, but a prerequisite for acceptance. Neubauprojekt Datteln 4 - E N T W U R F - September 2012

15 Experience with the courts Rapid pace of change in case law Compatibility with flora and fauna habitats European Water Directive Right of environmental associations to institute proceedings Assessment issues during project implementation Cumulative pollution effect of different projects Cut-off criteria, materiality thresholds, irrelevance Consideration of existing pollution There is direct interaction between court decisions and planning/permit procedures. Political action or failure to act influences court decisions. 15

16 Experience with contractors Unpredictable progress with the project calls for frequent liaison on a number of matters, including Changes to schedule Conservation services Inspections Warranties Human resources Terms of payment Transfer of risks Guarantees Interfaces Site establishment In such project situations, the strength of contract partnerships is put to the test. 16

17 Conclusions The cancellation of the local development plan 31 months after the start of construction has resulted in risks and disturbed the completion of the project. The permits required for the successful implementation of the project can be granted following the completion of the planning procedure. The decisions required for the reestablishment of a planning basis for the project will not be taken by courts but by political bodies in a process of deliberation. Case law in the environmental field is developing at a breathtaking pace, posing new challenges for project implementation. In difficult project phases, it is possible to identify good and bad partners. The conditions for a successful completion of the project are given; the pathway to happy ending is considerably determined by politicians. 17

18 Datteln 4 energy for the Ruhr region 18 Situation Datteln ENT/PDa Projekt Datteln EKW-ND