The SER (Syndicat des Energies Renouvelables) celebrated its 15th year anniversary in 2008 and today its members include 300 firms or professional associations in wind, geothermal, photovoltaic, solar, hydraulic, wood, biofuel and biomass energies. The SER ensures the promotion of renewable energies through the development of entrepreneurial activities supported by its members. To this end, the SER represents them in meetings with local, national and regional governments, as well as regulatory bodies and promotes the benefits of its activities in public opinion and the media. Marion Lettry, delegate-general for renewable electricity in charge of wind power, accepted to comment on the main regulatory projects in the works that could influence decisions of developers and investors in the sector.  

«  The SER has denounced the press release published on July 16th 2008 concerning the proposed government decree that aims to apply the same authorization procedure to wind farm projects as facilities subject to specific environmental protection rules (Installations Classées pour la Protection de l'Environnement or ICPE), just like combined cycle plants. For the time being, there is nothing new. We are still waiting for feedback. Regular meetings are being held and it is likely this topic will be discussed during debates around Grenelle I, which will be reviewed by the parliament in October 2008. We believe that the existing legislation provides an adequate framework for the development of wind turbines in France. Furthermore, subjecting wind farms to the ICPE procedure would lead to, for developers and investors, a weakening of new wind farm projects in that deadlines for challenging work permits would be extended to 4 years, compared to the current 2 months...»  

 « On August 6th 2008, the Council of State annulled, due a technical irregularity, the decree of July 10th 2006 that set mandatory repurchase conditions and tariffs for wind power. The MEEDDAT (Ministry of Ecology and Sustainable Development), observing that the tariff had not been questioned by the Council of State, announced on August 8th 2008 that it was preparing a new decree for autumn based on the content of the cancelled legislation. The new decree is still being examined by the Energy Regulation Commission pending approval and should be published some time in October 2008. In the meantime, several wind farm projects that are ready to start production are waiting for purchase contracts.  The EDF has agreed not to deliver any new contracts for mandatory repurchase of power until the new decree is published to avoid the development of wind farm projects subject to the decree of 2001, which is still in force but destined to be replaced...Practically speaking, according to our sources, the repurchase rates of the former decree should be completely and identically reiterated in the new legislation.»

« The law of July 2nd 2003 specifies that a wind farm operator is responsible for dismantling the facilities and restoring the site at the end of operations. It also provides that a decree by the Council of State will determine the constitution of financial guarantees. Even in the absence of a decree specifying the exact provisions for dismantling the facility, we have observed that developers and investors provide for a variable amount themselves to cover the future dismantling of their wind farms. On average, the financial provision for dismantling is € 10,000 per megawatt installed and depends on the nature of the terrain, machines, type of foundations…In our opinion, a decree specifying the means and organization of dismantling wind turbines, that we have been waiting for, 5 years now, and that would protect investments in the sector, would be more than welcome! »

Interview by Olivier Choffrut

olivier(-at-)zelya.com

September 2008

Link to SER

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