Representation by CMS Cameron McKenna Nabarro Olswang LLP (CMS Cameron McKenna Nabarro Olswang LLP) on behalf of National Grid Electricity Transmission Plc (National Grid Electricity Transmission Plc)
- Date submitted
- 30 September 2024
- Submitted by
- Other statutory consultees
Relevant Representation of NGET (National Grid Electricity Transmission Plc) in respect of the Helios Renewable Energy Project DCO (the “Project”) Introduction This relevant representation is submitted on behalf of National Grid Electricity Transmission Plc (“NGET”) in respect of the Project, and in particular NGET’s existing and proposed infrastructure and land interests which will be located within and in close proximity to the proposed Order Limits. The Project proposes to construct a solar farm and Battery Energy Storage System (BESS), connecting into NGET’s existing Drax1 132kV substation. The Applicant is seeking temporary and permanent rights over several plots owned by, or containing, NGET assets including those shown on pages 1 & 2 of the Land Plans and referenced in the draft DCO as Works Number 4, 4A, 5, 6, 6A and 9. NGET’s Statutory Duties As a responsible statutory undertaker, NGET’s primary concern is to meet its statutory obligations and to ensure that any development does not adversely affect those statutory obligations. NGET has a duty to protect its position in relation to infrastructure and land which is within or in close proximity to the draft Order Limits. Additionally, NGET must protect its future proposed infrastructure. NGET will therefore require appropriate protection for retained or proposed apparatus, including compliance with relevant standards for works proposed within close proximity of its apparatus or proposed apparatus. NGET’s rights of access to inspect, maintain, renew and repair such apparatus must be maintained at all times and access to inspect and maintain such apparatus must not be restricted. Further, where the Applicant intends to acquire land or rights, or interfere with any of NGET’s interests in land or NGET’s apparatus, NGET will require appropriate protection. Further discussion and agreement with the Applicant is required in relation to the impact on its apparatus and rights. Existing NGET Apparatus NGET owns and operates two 400kV overhead lines, a 132kV substation and a 66kV substation that are located within and in close proximity to the Order Limits for the Project. These assets form an essential part of the electricity transmission network in England and Wales. The details of the electricity assets are as follows: • Drax1 132kV substation • Camblesforth 66kV substation • 4VJ 400kV OHL – Drax - Eggborough 1; Drax – Eggborough 2 • 4VH 400kV OHL – Drax – Keadby – Thorpe Marsh; Drax – Thorpe Marsh • Camblesforth to Drax 66kV underground cable. • Associated fibre cables Future NGET Apparatus Furthermore, based on information currently available, NGET has identified potential interfaces between the Project and the NGET infrastructure project Eastern Green Link 2 (EGL2). These proposals are part of NGET’s Great Grid Upgrade – the largest overhaul of the grid in generations. NGET infrastructure projects across England and Wales are connecting additional renewable energy to homes and businesses. EGL2 is a high voltage direct current (HVDC) electrical ‘superhighway’ cable link to be built between Peterhead in Aberdeenshire and Drax in North Yorkshire. The EGL2 project involve a mix of offshore and onshore development and consent for the English components were sort and granted under a CPO. Consent for the CPO was granted on 24th August 2024. There is a direct interaction between the Project and EGL2 to the east of Drax 1 along New Road. As construction timelines are likely to interact it is therefore essential that the Project accommodates this interaction and that the protective provisions ensure that future working can be agreed between the parties and that there are no restrictions which would prevent this. NGET must ensure adequate projection for its future projects both in terms of protection for future assets and future land and rights for the delivery of these projects. Overarching National Policy Statement (NPS) for Energy EN-1 states that “[t]o support the achievement of the transition to net zero, government is accelerating the co-ordination of the development of the grid network to facilitate the UK’s net zero energy generation development” (para 4.11.3). This is reflected in the NPS for Renewable Energy Infrastructure EN-3 which states at paragraph 2.8.34 that “a more co-ordinated approach to offshore-onshore transmission is required.” In line with good practice and the new policy considerations in the updated Energy NPS’, particularly EN-5, which requires that “2.14.2 the construction planning for the proposals has been co-ordinated with that for other similar projects in the area on a similar timeline;”, NGET will co-operate on co-ordination in respect of EGL2 and seek to develop co-ordination and co-operation in the same localities with regards to EGL2. Protection of NGET Assets NGET will require Protective Provisions to be included within the draft Development Consent Order (the “Order”) for the Project to ensure that assets existing at the time of construction of the Project are adequately protected and to ensure compliance with relevant safety standards. NGET also requires that the Protective Provisions include protection for its future assets including the EGL2 project. The Awel Y Mor DCO provides a precedent for the protection of future assets via Protective Provisions. NGET is liaising with the Applicant in relation to such Protective Provisions. Accordingly, NGET has not appended the version of the Protective Provisions it requires to be included in the Order to this Relevant Representation. However, NGET will submit these at Written Representation Stage, if not agreed between the parties by that point, with an explanation of any outstanding issues. NGET requests that the Applicant continues to engage with it in relation to how the Applicant’s works pursuant to the Order (if made) will ensure protection for those proposed NGET assets, along with facilitating all future access and other rights as are necessary to allow NGET to properly discharge its statutory obligations. NGET will continue to liaise with the Applicant in this regard with a view to concluding matters as soon as possible during the DCO Examination and will keep the Examining Authority updated in relation to these discussions. Compulsory Acquisition Powers in respect of the Project Where the Applicant seeks powers of compulsory acquisition over NGET land or rights, the Protective Provisions must require that the Applicant obtain NGET’s consent to any compulsory acquisition of any such land or rights. NGET reserves the right to make further representations as part of the Examination process in relation to specific interactions with its EGL2 project, or any NGET projects identified during the Examination process, and as negotiations continue, but in the meantime will continue to liaise with the Project with a view to reaching a satisfactory agreement during the Examination process and will keep the Examining Authority updated in relation to these discussions.