ENONDAS is a company of the REN Group that was established to manage the public concession of the Portuguese Pilot Zone. Oceanplug - Portuguese Pilot Zone is a trade mark of ENONDAS, SA.
Decree-Law no. 15/2012 makes an addendum to Decree-Law no. 5/2008 of 8 January and amends Decree-Law no. 238/2008 of 15 December.
Aim and scope of the Public Concession (cf. Annex to Resolution of Council of Ministers no. 49/2010 - Article 3)
2 - The public concession referred to in the preceding paragraph includes authorisation to use the strip that forms the corridor to build the infrastructure for connection to the public grid and the use of water resources in the public water domain, as identified in Annex I of Decree-Law no. 5/2008 of 8 January, as well as supervising third-party use of the water resources that are necessary to generate electricity from wave energy.
3 - The public concession also includes, under the operating scope of the Pilot Zone, the powers to grant permits for the establishment and operation of the electricity generation activity from the energy of the waves, pursuant to the relevant legislation, as well as the power to supervise such activities.
4 - The Concessionaire may authorise the undertaking of other activities besides the generation of electricity from ocean waves, after prior approval of the members of the government responsible for finances and energy, provided that such activities are subordinated to the preferential use of energy generation and are permitted under the rules for the use of water resources. In such a case, the necessary permit for the use of water resources must be obtained and the legislation in force complied with.
Powers of the Concessionaire (cf. Annex to Resolution of Council of Ministers no. 49/2010 - Article 12)
1 - Powers of the Concessionaire
a) License the systems for generating electricity from the wave energy of the Pilot Zone, in accordance with the operation schemes envisaged by Decree-Law no. 5/2008 of 8 January, and monitor the installation, testing, operation and removal of prototypes and wave energy farms. In addition, to authorise other activities that may be developed in the Pilot Zone, under this contract, provided the relevant developers are duly authorised to engage in such activities in accordance with the legislation in force and they obtain, in particular, the permits and authorisations defined in the applicable environmental legislation;
b) License the changes, modifications and extensions of wave energy farms already operating in the Pilot Zone;
c) Supervise the activities of electricity generation in the Pilot Zone, without prejudice to the powers legally conferred on the departments and agencies of the Ministry of Economy and Innovation, and in compliance with the provisions of Article 15;
d) Promote the establishment and maintenance of common infrastructures in the Pilot Zone, including those necessary to use the corridors to connect to the national grid, the sea-based infrastructure to support the installation and maintenance of the energy farms and the infrastructure to support the surveillance and security systems of the Pilot Zone to be set up by the competent authorities;
e) Promote or authorise the promotion of scientific and technological development in the field of electricity generation from wave energy, under the terms established in this contract;
f) Regularly report to the competent services and bodies of the Ministry of Economy and Innovation on the electricity generation capacity already licensed;
g) Propose to the Minister responsible for the energy area the value of the tariffs to be levied on the projects developed under demonstration mode, pre-commercial and commercial schemes, pursuant to Article 39 of Decree-Law no. 5/2008 of 8 January, as provided for in Article 11 sub-paragraph (i) of the same decree-law;
h) Charge fees for issuing licences to set up in the Pilot Zone;
i) Define and collect rents and other fees from developers in exchange for occupation of the Pilot Zone and use of the infrastructure, and also the fees for the provision of services to energy producers and other entities;
j) Ensure adequate mechanisms for the national and international advertisement and promotion of the Pilot Zone and the generation of electricity from wave energy, as defined in this contract, as well as other activities that may be authorised in the Pilot Zone, and the use of the infrastructure allocated to the Pilot Zone, under this contract;
l) Establish easements and request expropriation for public use of property and rights inherent therein, as required for compliance with the company's purpose and to conduct its business, paying compensation and damages as may be required in accordance with applicable law;
m) Register any easements that are established with the local Land Registry Office;
n) Inform the concession-granting authority of the accounts and management report of the concessionaire within 30 days of their approval;
o) Make the necessary approaches to the concessionaire of the national electricity distribution grid (RND) and the concessionaire of the national electricity transmission grid (RNT) in order to agree the terms for the implementation of the necessary infrastructure to inject the electricity provided by the developers, according to Article 7 of Decree-Law no. 5/2008 of 8 January.
2 - The Concessionaire is also responsible for identifying and promoting the establishment of one or more corridors from the Pilot Zone to the electricity receiving station, as well as fostering the identification and establishment of these corridors with the competent authorities.3 - The establishment of the easements or expropriations referred to in paragraph 1(m) herein will follow the rules laid down in Decree-Law no. 5/2008 of 8 January.