PSE’s educational activities supporting the information and consultation process and building awareness of the importance of the project:

• delivering local educational programmes for schools, tailored to communication needs and responding to questions and concerns arising in the communes affected by PSE projects,
• supporting local social actions and initiatives of local or regional authorities,
• holding meetings with experts in the field of energy, impact on human and animal health, doctors, breeders, etc. – depending on the requirements and materiality of issues in the area concerned,
• gaining the support of local media, associations and residents for the project through meetings and by engaging them in the communication process.

Key investments – good practices in the area of social communication

The standards applied in designing and building new lines ensure a high level of operational reliability of lines, a high level of public safety, and minimise the noxious impact of the line on the environment. In forest areas, we run line wires over the treetops. This makes it possible to limit tree clearing to small areas of tower sites only.

For the construction of any line, it is necessary to obtain a decision on environmental conditions (Environmental Decision), according to which wires or towers are marked with features visible to birds (silhouettes of birds of prey on earth wire peaks or diverter spirals suspended on wires). In compliance with the applicable law, lines are also marked as aviation obstructions. Devices, instruments and systems installed at substations also meet the requirements of the European standards, which ensures a high level of their operational reliability. Solutions are also used which reduce the environmental impact of the substation, including the natural environment. Each grid transformer installed is fitted with an oil pit preventing oil leakage into the environment in the event of failure.

In order to regulate legal relations concerning transmission facilities between transmission companies and property owners on whose land such facilities are situated, the term “utility easement” was introduced in the Civil Code in 2008. The right of utility easement defines the extent to which a transmission company can use third-party real property on which its transmission equipment is or will be situated, i.e. any structures and systems forming power lines. The provisions introduced allow the investor access to the equipment, i.e. towers, conductors and substation elements situated on the property in cases of failure, repair and maintenance.

The utility easement is a limited right in rem established on a real property in the form of notarial deed. The extent of easement is recorded in the land and mortgage register of the encumbered real property.

According to the applicable law, remuneration and compensation for property value diminution resulting from the establishment of the utility easement is paid to each real property owner.

Prior to the commencement of work, we have property appraisal reports prepared for property to be developed. The reports provide a basis for the determination of the amount of remuneration and compensation for the plot owner. The payment amount is influenced by factors such as the existing value and use of the property and damage to agricultural land, sown or harvested crops, caused by a part of property being occupied by transmission facilities. Additional compensation is payable for tower placement. Owners usually receive the first compensation instalment after the civil-law contract is accepted and concluded. The second instalment is paid after the signing of the notarial deed that grants the investor access to the land and the line. Compensation is also awarded for damage and loss caused in the course of construction and erection works.

In the absence of the landowner’s consent to sign the public purpose project easement agreement, following the completion of the entire negotiation process, the negotiation procedure is initiated in accordance with the requirements of Article 124 of the Real Property Management Act.

Polskie Sieci Elektroenergetyczne implements projects for the development of power transmission infrastructure with full respect for property rights and the principles of corporate social responsibility. The overriding intention of the negotiations is to establish, in an amicable manner, a utility easement on real property for the benefit of PSE to the extent necessary for the development and operation of PSE’s grid infrastructure.

In conducting negotiations, PSE representatives comply with the standards of the Social Council for Alternative Methods of Conflict and Dispute Resolution attached to the Minister of Justice.

The company has adopted the “Rules for the conduct of negotiations on the establishment of utility easements on private real property in the investment process”. The rules set out the requirements for conducting negotiations taking into account standards for mediation aimed at increasing the effectiveness of discussions with real property owners and minimising the risk of refusals and the emergence of conflicts in the implementation of projects. They are applicable only to the negotiations conducted by the Central Investment Unit in connection with the implementation of investment projects in order to obtain utility easements on property owned by private parties. For real property owners, the rules adopted by PSE are a guarantee of fair and equitable treatment.

As a rule, negotiations are initiated only following an outreach and consultation process aimed at local communities in the area of the planned project location.

The process of negotiating the establishment of a utility easement on real properties for project development purposes consists of the following consecutive stages:

a. Initiation of the process – a correspondence notice of commencement of the negotiation process on the establishment of utility easements on properties for the purposes of the project, served on real property owners by PSE’s representatives;

b. Individual discussions between teams of PSE representatives and property owners (a minimum of two meetings, except where the agreement whereby the commitment to establish the utility easement is concluded during the first meeting);

c. The conclusion of the utility easement agreement for the benefit of PSE with the real property owners;

d. The conclusion of the utility easement agreement for the benefit of PSE with the property owners in the form of a notarial deed.

If the options of obtaining a utility easement in an amicable manner have been exhausted or if it is not possible to establish rights to the real property, or where necessitated by the project schedule, PSE uses the available administrative procedure to obtain an appropriate decision restricting the use of the real property by its owner.

The conduct of administrative proceedings and obtaining a decision under the Act of 24 July 2015 on the preparation and implementation of strategic transmission grid projects do not rule out the possibility of negotiating with the owner and entering into the utility easement agreement.

The Transmission Special Act was created to expedite and facilitate the process of obtaining administrative decisions for the implementation of projects involving the expansion and modernisation of power grids. The main purpose of its application is to discipline administrative procedures and decisions. The possibility of invoking the procedure under the Special Act does not release the investor from the obligation to obtain legally required decisions of competent public administration authorities, including the environmental decision. Projects covered by the Special Act must be preceded by extensive public consultations, including dialogue with the authorities of the relevant local government units, with the full guarantee of the statutory rights of real property owners. Despite the Special Act procedure, the investor negotiates with property owners to establish a utility easement. In the absence of consent from the owner, the investor has the option of referring the application to the voivodeship governor, who conducts proceedings on the siting of a transmission grid strategic project in accordance with the provisions of the Special Act, specifying to what extent the investor may use the real property concerned.

The Transmission Special Act is one of the legal instruments designed to facilitate the implementation of projects of strategic importance to state security. Among other things, its provisions make it possible to concentrate the authority to issue key decisions and permits within a single body and to regulate the legal issues of individual real properties more quickly. However, the basis of the investor’s action is always the amicable establishment of rights to the real property for project implementation purposes. Administrative procedures are only used after other options have been exhausted.

All electrical equipment generates an electromagnetic field around it, which results from the presence of voltage and the flow of current. This is also the case with extra-high voltage lines. A low-frequency (50 Hz) electromagnetic field is created around the line – the same as that generated by a vacuum cleaner or washing machine, electrical appliances used in every home. The impact of electromagnetic fields is often discussed in terms of its potential effects on human health.

The results of surveys carried out around the world so far do not confirm concerns about the negative impact of low-frequency electromagnetic fields on human health and other living organisms, but neither do they exclude such impact. It is exactly for this reason that relevant laws and regulations have been adopted in Poland and throughout the European Union, specifying, with a large margin of safety, the permissible impact of power facilities. Our company strictly observes the applicable legislation. Prior to putting a facility into service, electromagnetic field measurements are performed, which are then verified by environmental protection authorities, which rules out the risk of non-compliance.

For each implemented project, we prepare guides for local communities, which contain reliable information on the project concerned and its environmental impact. The impact of electromagnetic fields is always on the agenda of regional conferences organised by contractors in cooperation with PSE.

The level of noise emitted depends on the design of the power line and weather conditions (it increases significantly higher during drizzle and rain, which is beyond our control). Noise coming from newly designed lines outside the right-of-way does not exceed environmental limits.

Transformers are the main sources of noise at our substations. We use equipment with a reduced sound power level and modern technological solutions for cooling systems. In special cases, noise barriers are built to reduce noise.

The Transmission Grid Development Plan, which is accepted by the ERO President as a document of national significance, specifies basic information on the line voltage and capacity (e.g. information on whether the development will be a single or double-circuit line). The document does not specify the location of the transmission line, so it is possible to design its route in various options.

At the pre-investment stage of line route planning, different location options are selected, looking for the least conflicting ones. Designers seek to set out the route of the line so as to avoid proximity to residential development. Unfortunately, this is very difficult owing to the degree of urbanisation of the country. Near large cities and metropolitan areas, where land is highly urbanised and infrastructure is dense, these problems multiply. Farmland without development rights is preferred, as a power line does not interfere with agricultural activities. Forest areas are also being used, with lines running on pylons above forests. It is somewhat easier to locate a planned transmission line along existing linear infrastructure, e.g. railway lines, expressways or previously built power lines. However, it should be kept in mind that there is no line siting option completely free of collisions. The company identifies one top-rated option, which is still being refined during the outreach and consultation process.

The outreach and consultation process is carried out at all possible levels, from central government and voivodeship to local levels. Investment programmes and individual projects are first presented to the voivodeship authorities, which oversee the development of entire regions. The investor then meets with county and commune authorities and councillors. Local community representatives know their residents and their needs well. They are the first who can suggest necessary changes to an ongoing project that may interfere with local development plans. The investor then meets with residents at the commune and village level, right up to direct negotiations with the owners of the real properties on which the project is to be constructed. At each stage, there is an opportunity to make comments and suggestions for corrections.

The purpose of the Feasibility Study (FS) development phase is to provide a detailed, in-depth analysis of the feasibility of the project route. It is based on specific studies, in particular accurate maps showing the route of the line, including tower spacing or the location of the power substation in the commune. This makes it possible to analyse local conditions and identify specific needs of the party concerned in order to minimise any adverse social impact of the project implemented.

As part of the work, modifications will be made to the location of power infrastructure on the basis of suggestions from commune authorities. These are subject to further consultation with local communities and, ultimately, to assessment in an environmental decision procedure.

At this stage of the FS development process, it is important to obtain information on:

• commune development plans in specific precincts and localities (information source: commune study, geoportal, land use studies (SUiKZP), local area development plans (LADP), local development strategies, local government representatives),
• residents’ life plans, building permits and outline planning permissions in different districts (information source: local government representatives, opinion leaders),
• potential problem situations in specific cadastral precincts (information source: local government representatives),
  opinion leaders in specific precincts (information source: local government representatives),
• the number of real property owners in the area where a project is to be implemented (information source: district administration authorities, land and building registers),
• estimated value of utility easement (source of information: dedicated web portals on transaction prices in the commune).

At this stage, public consultations are also held on the final form of the project. During consultation meetings, residents submit their comments and suggestions on the line route, location of towers on the plots, location of substations and access roads to the properties on which construction works will be carried out. The information is collected and analysed by the investor’s representatives for possible implementation. The data gathered in this way forms the basis for developing the route of the line, which is then assesses in an environmental decision procedure. At this stage, it is important to establish and maintain contact with stakeholders.