Rs 734.25 Order Of 2 February 2000 On The Procedure For Approval Of The Plans Of Electrical Installations (Opie)

Original Language Title: RS 734.25 Ordonnance du 2 février 2000 sur la procédure d’approbation des plans d’installations électriques (OPIE)

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734.25 order on the procedure for approval of the plans of the electrical installations (OPIE) of 2 February 2000 (State on December 1, 2013) the Swiss federal Council, view the art. 3, 4, al. 3 and 16, al. 7, of the Federal law of June 24, 1902 on the electrical installations (LIE), stop: Section 1 purpose and scope of application art. 1. this order regulates the procedure for approval of the plans that aim the establishment or modification: a. high-voltage facilities; (b) a power of more than 30 kVA power generation facilities connected to a distribution network; c. electrical current low provided that they are subject to the approval required under art. 8, art. 1, of the Ordinance of 30 March 1994 on the electric current installations low.

It is applicable in its entirety to the establishment and modification of distribution networks low voltage located in protection areas within the meaning of federal or cantonal law. Other facilities at low voltage are approved by the Federal Inspection of current installations hard (inspection) during regular inspections. For this purpose, the owners update continuously plans and records.
It is not applicable to the establishment or the modification: a. facilities defined in art. 2 of the order of 6 September 1989 on electrical low voltage, as long as it is no facilities in the al. 1, let. b; b. material defined in art. 1, al. 1, of the Ordinance of 9 April 1997 on low voltage electrical material; c. material defined in art. 1, al. 1, of the order of 2 March 1998 on devices and protection systems for use in explosive atmospheres.

Electric facilities exclusively or mainly to the operation of railroads or of trolleybus lines are governed by the Ordinance of 2 February 2000 on the procedure for approval of the plans of the railway facilities.

New content according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
RS 734.1 [RO 1989 1834, 1992 2499 art. 15 c. 1997 1008, 1 ch. 3, 1998 54 annex annex c. 4, 1999 704 c. II 20, 2000-762 ch. I 4. RO 2002 128 art. [43]. see currently O Nov. 7. 2001 (RS 734.27).
RS 734.26 RS 734.6 RS 742.142.1 Section 1aprocedure sectoral plan art. 1ageneralites lines with the rated voltage of 220 kV and over (50 Hz) may be approved only after having been set at the end of a sectoral plan procedure.
A newline can be approved without prior procedure of sectoral plan if: a. it does not exceed 5 kilometres; b. it hits any area to be protected under federal law or cantonal law; and sic. She meets the requirements of the order of 23 December 1999 on protection against non ionizing radiation (NISV) without having to resort to a derogation.

Existing lines can be replaced, modified or developed without prior if sectoral plan procedure: a. addition to other lines or other infrastructure opportunities have been exploited; b. in case of line displacement, conflicts of use can likely be resolved under the procedure for approval of the plans; c. conflicts in some areas for protection under federal law or cantonal law can be smoothed out by alternative measures; and sid. the NISV requirements can be met without having to resort to a derogation.

The federal Office of energy (SFOE) Decides, after consultation with the competent services of the Confederation and the cantons concerned, of the need for a sectoral plan procedure.
He leads the sectoral plan procedure.

New content according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
SR 814.710 art. 1bInformation prerequisite and preparation of the sectoral plan procedure anyone who wants to submit an application for approval of the plans for a project (applicant) - listed in the sectoral plan as prior information - informs the SFOE early enough.
The applicant at the same time an agreement for coordination with the cantons concerned and informs the SFOE. The coordination agreement rule including the following: a. a calendar for the determination of a region for possible corridors project (project area) and the adaptation of the cantonal planning procedure; b. the objectives of project for project area to assess; c. skills for the Organization of the different stages; (d) the participation of the Commons.

The applicant shall forward to the SFOE documents to assess the possible project areas. He must come out that the existing potential conflict concerning the planning and optimization has been established by the applicant.
In agreement with the cantons concerned, the applicant may also offer a single box project in cases where a starting situation where room for manoeuvre for several project areas is not considered as sufficient such a proposal should be justified in detail.
The SFOE transmits the documents to offices represented in the Conference of Confederation for the Organization of the territory and ask them to issue a first statement. The time to do this is two months.

Introduced by section I of O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).

Art. 1cdetermination of the project area after reception of the positions, the SFOE form a support group made up of representatives of organizations and services project-specific following (each department or organization has a voice): a. federal Office for territorial development; b. federal Office for the environment; c. other federal offices possibly; d. Federal Electricity Commission; e. Federal Inspection of facilities at strong current (inspection); f. each township concerned; g. national organizations of environmental protection; h. applicant.

He can organize, within two months, a tour of the areas proposed for the realization of the project with the support group corridors.
On the basis of a comprehensive review, the support group recommends establishing a large enough area so that the applicant can develop several variations of corridor.
The SFOE conduct the consultation and participation of the art. 19 of the order of 28 June 2000 on the planning (OAT) and filed an application for determination of a zone in the federal Council.
On a reasoned request of the cantons concerned, SFOE may, in the cases referred to in art. 1 b, al. 4, and after unanimous response from the members of the support group, give up to make a formal decision on the sectoral plan and communicate project directly to the applicant.

Introduced by section I of O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
RS 700.1 art. 1ddetermination of the Corridor project as a general rule, the applicant is developing at least two variants of Corridor project with the participation of the canton and transmits the documents necessary for the SFOE.
The SFOE establishes guidelines on the form, the presentation, the content and quantity of the documents.
It transmits the complete documents to the support group within 30 days of their receipt. Within a period of two months, the support group makes a recommendation of determination to project corridor and transport technology to use.
The SFOE opens the procedure of consultation and participation of art. 19 oats within a period of two months after receipt of the recommendation of the support group.
In the two months following the end of the consultation procedure of the offices, a determination to project corridor and transport technology to use application: a. by the Department in the federal Council in the case of art. 21, al. 1: OAT; b. by the SFOE with the Department in the case of art. 21, al. 4, OAT.

Introduced by section I of O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).

Section 2 procedures for approval of plans art. 2 records in support of the request subject to the approval of the inspection request must contain all the information necessary for the assessment of the project, in particular those concerning: a. the operator, location, type and design of the proposed facility, as well as its situation compared to existing facilities; (b) the reasons for the project; c. all aspects related to security d. possible interactions with other facilities or objects; (e) the impact on the environment and landscape; (f) compliance with the requirements of the development of the territory, especially master plans and cantonal assignment plans; (g) the result of the investigations on the need for a sectoral plan procedure and, where applicable, the result of this procedure.

Inspection issues directives specifying the nature, the presentation, the content and the number of documents that must be submitted.

If necessary, it may require additional documents, including evidence that materials used in the construction of the facility comply with recognised technical rules.
At the request of the authorities responsible for the approval, the applicant submits the documents that were used to prepare the present file.
If an installation must be carried out or changed according to previously accepted plans, the applicant may refer to the former plans for all the technical aspects.

New content according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
New content according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
Introduced by section I of O on June 24, 2009, in effect since Sept. 1. 2009 (2009 3507 RO).

Art. 3 current electrical installations low located in an area of interactions with facilities to current strong electric current installations low located in an area of interactions with a facility to current strong project must be included in the documents accompanying the current setup project hard.
If, after the establishment of an electrical installation to current fort, the approval referred to in art. 8, art. 1, of the Ordinance of 30 March 1994 on the electric current installations low should be required for installation to current low existing, the documents accompanying the electrical installation in loop plan strong should also indicate what measures are planned for the protection of current installation low.
Operators of facilities to current low are required to provide all the information necessary for the development of the documents accompanying the plan.

RS 734.1 art. 4 picketing inspection adopts guidelines for picketing.

Art. 5 procedure followed by inspection the inspection ordered the publication of the application, organizes the opposition procedure and collects the opinions of the cantons and the federal authorities concerned.
She evaluates the advice received, collect the necessary evidence and, if necessary, orders visits to the places. She work to reconcile the views of the parties.
She can renounce negotiations of any objections if a conciliation between the parties seems doomed to failure.

Introduced by section I of O on June 24, 2009, in effect since Sept. 1. 2009 (2009 3507 RO).

Art. 6procedure conducted by the OFEN if, within a period of six months after receipt of the objections and the opinion of the cantons and the federal authorities concerned, no agreement can be reached between the opposition and the authorities, inspection passes the file, accompanied by a report on the State of the procedure, to the SFOE for decision.
The SFOE may reasonably extend the time in exceptional cases.
It calls for review the inspection report to opponents and the federal services with which no agreement could be found.
It may gather additional evidence, order the site visit and conduct negotiations on the oppositions.

New content according to section I of the O on June 24, 2009, in effect since Sept. 1. 2009 (2009 3507 RO).
New content according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
New expression according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO). This mod has been taken throughout the text.

Art. 6 introduced by chapter I of the June 24, 2009 (RO 2009 3507) O. Repealed by no I of O of 9 October. with effect from Dec. 1, 2013. 2013 (2013 3509 RO).

Art. 7 changes in the plan during the procedure if significant changes are made to the original project as a result of the procedure for approval of the plans, the amended plan must be once again subject to the bodies concerned for review and, if necessary, put to the public inquiry.

Art. 8 processing times for inspection in General, Treaty inspection request for approval of the plans within the following periods: a. 10 working days between the receipt of the complete request and transmission to the cantons and the federal services concerned; b. 30 working days for the establishment of the decision after the conclusion of negotiations on the oppositions and the receipt of the notice of the authorities.

Processing times do not run long as necessary: a. to the adaptation or modification of the documents by the applicant; b. to achieve expertise or complementary reports.

In the case of a simplified procedure for approval of the plans, the deadline for the whole procedure should not generally exceed 20 working days.

New content according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
New content according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).

Art. 8adelais treatment for the SFOE in General, Treaty SFOE request for approval of the plans within the following periods: a. a month to send the report on the State of the procedure under art. 6, al. 1; (b) three months from the receipt of the report on the State of the procedure up to the conduct of negotiations on the oppositions; c. eight months for the preparation of the decision after the conclusion of negotiations on the oppositions and the receipt of the notice of the authorities.

Processing times do not run long as necessary: a. to the adaptation or modification of the documents by the applicant; b. to achieve expertise or complementary reports.

Introduced by section I of O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).

Art. 8bSuspension if the applicant needs more three months to adapt application documents, develop project variants or conduct negotiations with the authorities and the opposition, the proceedings are suspended until its reopening is requested.

Introduced by section I of O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).

Art. 9 approval of plans the decision for approval of the plans must be notified to the applicant, the opponents, the federal authorities concerned as well as the cantons and municipalities participating in the proceedings.
Partial authorization may be granted for sections uncontested, as long as it is not bias of the disputed works.

Art. facility maintenance 9aTravaux maintenance of facilities can be made without procedure for approval of the plans when no particular consequence for the environment is to be expected.
Maintenance work means all work intended to ensure the operation of a facility in accordance with what has been approved, including: a. the equivalent replacement of materials, wooden and parasurtensions, as well as the replacement of the insulators of similar or shorter length; b. the replacement of overhead lines and cables drivers; c. the replacement of transformers of the same power and same type of construction , as well as the replacement of the switches and electric tables d. painting of the towers in the same color, measures of protection against corrosion and the remediation of the towers, bases and foundations of pylons; e. repairs at the level of the bases of pylons, buildings of substations and transformer stations access of the substations as well as repairs to the level of the porticoes of positions of coupling of air sections, to the extent where the appearance is not changed.

The inspection should decide in other cases if the planned work can be considered maintenance work.

Introduced by section I of O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).

Section 3 beginning of work and put in service article 10 start construction of an electrical installation cannot begin until the approval of the plans came into force.
The competent authority may, through the approval of plans, allow immediate of the construction of the facility or parts of the facility where: a. There is no opposition untreated; b. He was issued no objection by the cantons concerned and the services of the Confederation; etc., the beginning of the work does not change irreversible.

If during the execution of the work are the compelling reasons to depart from the approved plan, the Inspectorate is informed without delay. In the case of changes that may be approved under the simplified procedure, the inspection takes a decision without changed plans are subject to a new approval procedure.
In all other cases, the amended plan is the subject of a new procedure for approval of the plans; work can nevertheless be prosecuted on the sections of the installation that are not affected.

Introduced by section I of O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).

Art. 11 extension of the validity of the approval of plans if executing a business plan in time is interrupted for more than a year and that more than three years have elapsed since the entry into force of the decision, the extension of the approval of plans must be requested from the inspection.

Art. 12 commissioning


The company must notify in writing the completion of installation inspection and attach a confirmation from the manufacturer stating that installation corresponds to the requirements of the law and the recognized rules of the technology.

Art. 13 control the inspection control, generally in the year following the completion of the work, that the execution of the installation meets the requirements and follow the approved plans, including the measures required for the protection of the environment.

Section 4 Plans set and guaranteed the security of art. 14 overall plans electric network owners create a plan of their network. This plan must be continually updated and, on request, to the competent cantonal services available.
The overall plan must make a general appraisal of the project compared to existing facilities.

Art. 15 guarantee of safety as a result of changes to the terms if the conditions change at the expense of safety, the owner of the facility immediately takes the necessary measures to restore.
Changes that affect security, those that affect the basis for appreciation or the regime of property of a facility, as well as the dismantling of the facility, must be reported to the inspection.
The measures taken or planned as a result of changes to the terms are subject to the approval of the inspection, the documents are related.

Section 5 costs of publication art. 16 repealed by no 3 of annex 2 to the O from 22 nov. 2006 on the emoluments of the SFOE with effect from Jan 1. 2007 (RO 2006 4889).

Art. 17...

The costs of publication of the application are the responsibility of the applicant. They are collected directly by the organ of publication to the latter.

Repealed by no 3 of annex 2 to the O from 22 nov. 2006 on the emoluments of the SFOE with effect from Jan 1. 2007 (RO 2006 4889).

Section 6 provisions final art. Transitional 17aDispositions respecting the amendment of October 9, 2013 the art. 1 b 1 d apply only to procedures of plan for which the documents referred to in art. 1 b, al. 3 of this order are deposited after the entry into force of this amendment. All other procedures of plan continue to be conducted under the law previously in force.
At the request of the applicant, the SFOE can apply the art. 1 b to 1 d to applications filed after July 1, 2013, to the extent where none of the services and organizations referred to in art. 1 c, al. 1, no opposes.

Introduced by section I of O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).

Art. 18 repeal of the law in force the order of 26 June 1991 on the procedure of approval of the current installations hard is repealed.

[RO 1991 1476, 1992 638 2499 art. 15 No. 2, 1997 1016 annex c. 4, 1998 54 annex c. 3, 1999 704 ch. II 19 754 annex c. 2]

Art. 19 change of the law in force.

Mod. can be found at the RO 2000 734.

Art. 20 entry into force this order comes into force on 1 March 2000.

RO 2000 734 RS 734.0 new content according to section I of the O of 9 October. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
Introduced by section I of O on June 24, 2009, in effect since Sept. 1. 2009 (2009 3507 RO).
New content according to section 3 of Schedule 2 to the Nov. 22 O. 2006 on the emoluments of the SFOE, in force since Jan. 1. 2007 (RO 2006 4889).

State on December 1, 2013

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