Government legislation ministry defines consultation scope for power projects

The government legislation ministry said that resident consultation applies only to power projects enumerated in the enforcement decree, with a threshold of 3,000 kilowatts for fuel-cell projects.

The interpretation, issued in a May 6 reply to Paju in case 26-0088, followed the city's question over whether the obligation covered solar, wind and fuel-cell projects seeking generation permits beyond the decree. The ministry's legal interpretations constitute the government's authoritative interpretation for the executive branch.

Covered projects include those requiring environmental, small-scale environmental or marine-use impact assessments, as well as certain fuel-cell projects. Solar and wind developments are included only when they meet one of the listed assessment conditions. Fuel-cell projects at or below 3,000 kilowatts of generating capacity can omit advance notice and resident consultation. Under the decree, a developer must publish notice and make project information available for residents. A project requiring an environmental impact assessment must be notified 14 days before a permit application; projects requiring small-scale or marine-use assessment and qualifying fuel-cell projects must be notified seven days before an application.

Under Article 7, the act requires covered developers to "hear residents' opinions through advance notice" as prescribed by presidential decree. The ministry said the act leaves the scope and method of consultation to the decree. It said the decree's restricted list supports a limited reading because it specifies project types, their scope and notice deadlines. The ministry also said the 2020 revision confined consultation to "projects of a certain level" after considering their effects on residents' lives and the environment. Extending the procedure to unlisted projects would impose regulatory time and economic burdens on permit applicants and leave the timing and method of notice unclear, the ministry said.

The ministry recommended that electricity-sector rules explicitly clarify that only projects listed in the decree require consultation.