Rights to Own and Operate a Hydro-Floating Solar Project in Thailand

Abstract

This paper finds that the current electricity regulatory regime, established by the Energy Industry Act B.E. 2550 (2007), together with the current electricity industry structure—the enhanced single buyer model—serves as a favorable legal basis for a state electricity enterprise, especially the Electricity Generating Authority of Thailand (EGAT), to own and operate a hydro-floating solar project in Thailand. However, it argues that, despite their ability to obtain the relevant licenses under the Energy Industry Act B.E. 2550 (2007) as well as enter into power purchase agreements with state electricity enterprises or private customers, the rights of private hydro-floating solar project operators to own and operate a hydro-floating solar project on the surface of public water resources are undermined by uncertainty pertaining to the possessory right over the water surface of public water resources, as well as unfair or discriminatory practices concerning electricity network access.