NORWAY Law and Practice Contributed by: Jøran Sandvik, Aksel Tannum and Ida Mattsson Sperre, Advokatfirmaet Haavind AS
Statnett, the nationwide TSO, is tasked with always ensuring a reliable and secure energy supply. This responsibility requires the mainte- nance of a power grid with sufficient transmis- sion capacity. Additionally, Statnett manages peaks in electricity consumption and oversees the import of the necessary volumes of electric- ity to meet demands. The NVE has been designated as the rationing authority by the Ministry of Energy. The NVE shall ensure that the necessary plans and proce- dures for notification, implementation, execution and termination of power rationing are always prepared. 1.6 Recent Changes in Law or Regulation Amendments to the Energy Act Several amendments have been made to the Energy Act over the last year. Notably, the Act has been amended to incorporate a new Chap- ter 4A, which pertains to agreements for the pur- chase of electricity between power suppliers and consumers. This chapter is designed to improve the efficiency and consumer-friendliness of the electricity market by making it more transparent and easier to navigate for consumers. The five provisions within this chapter impose obligations on electricity suppliers to, among other things, offer customers a cooling-off period and make information regarding termination costs more accessible. New Maturity Requirements for Grid Connection Effective from 1 January 2025, new provisions in the Regulation on Network Regulation and the Energy Market ( Forskrift om nettregulering og energimarkedet , or “NEM Regulation”) have been implemented to prioritise mature pro- jects for connection to the power grid. These
changes are a response to the sharp increase in demand for grid capacity in Norway in recent years, where grid companies face challenges in providing all the requested capacity. Grid companies are required to assess the maturity of projects based on criteria such as capacity needs, progress plans, and financing. Entities with mature projects can reserve capacity or queue positions, but must maintain progress to retain them. Significant deviations may result in the withdrawal of reservations. These changes also apply to projects with existing rights. No Licence Requirement for Smaller Solar Power Plants The Norwegian government has decided to introduce a 10-MW limit for requiring a licence for solar power plants. This means that from 1 July 2025, solar installations with a capacity up to 10 MW will no longer need a licence under the Energy Act, but will instead be handled by municipalities under the Planning and Building Act. This change aims to free up capacity at the NVE, though it remains uncertain whether it will speed up the development process. Hydropower Development in Protected Watercourses On 13 February 2025, the Norwegian Parlia- ment passed a decision allowing for the con- cession processing of hydropower projects with an installed capacity of over 1 MW in protected watercourses. There are currently 390 such pro- tected watercourses in Norway. Two criteria must be met for concession processing: significant societal benefits, such as flood mitigation, and acceptable environmental impacts. The decision does not repeal watercourse protection as such, but it allows for the consideration of hydropower development in protected watercourses, provid- ed conservation values are upheld and societal benefits are substantial.
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