Contrary to the intent of the law :
PhD student is upset about refusal to build direct line to district heating plant

Brøns Cogeneration Plant has so far unsuccessfully applied to use wind turbine power from three existing wind turbines. The turbines are otherwise only 1,064 meters outside the village in Southern Jutland and would be able to supply electricity with a direct line bypassing the public grid.

But the District Heating Company has been rejected by the Danish Energy Agency, despite the fact that it would make district heating in Brøns completely green. The direct line from the wind turbines would also ensure that district heating customers receive much cheaper district heating, unlike today, where the price is among the highest in the country. Brøns Cogeneration Plant has appealed the decision, and it is now before the Energy Complaints Board.

It is a decision that is deeply troubling to Kenneth Løvenskjold Andreasen. He is a lawyer with experience from both the Energy Complaints Board and the Energy Agency and is currently writing a PhD thesis on climate and energy law at SDU in Esbjerg. There is an EU directive that supports the creation of small energy networks.

- With the Energy Union from 2015 and up to the latest plan for green transition in the EU - Fit-for-55,  the initiative was opened to promote self-production of renewable energy from citizens, companies and local energy communities. The intention is for citizens to actively participate in the green transition, explains Kenneth, explains Kenneth Løvenskjold Andreasen and continues:

- But that is not what they want in Denmark. Here it is always the big against the small.

He also sees several problems in the executive orders, which open up the possibility of applying for internal networks and a direct line between renewable energy and, for example, a district heating plant.

- The rules are complicated and very difficult to understand. This is to accommodate the large grid companies, and it slows down our getting new smart solutions, contrary to the intention of the RE III Directive, he notes.

Small networks increase security of supply

The current geopolitical situation with the possibility of sabotage against the electricity grid together with an increased risk of natural events such as storms and floods gives more reasons to have more small networks.

- Both preparedness and security of supply itself are also increased with more small energy communities. It can be in the individual municipalities, in companies and among citizens, says Kenneth Løvenskjold Andreasen and concludes soberly:

- We need smart solutions, and that requires smart regulation, which we do not have today.

Among those solutions, the lawyer sees several examples in Denmark, where projects are being put on hold.

- Renewable energy has now become an overarching societal concern, but it is not used, for example, in Brøns, Bornholms Havvind or the many thermal grids out in the country, where, among other things, The termonet is written out of the Heat Supply Act, says Kenneth Løvenskjold Andreasen and explains:

- You have to talk to the municipalities, regions, citizens and grassroots and not just the big players like Green Power Denmark, Danish Industry together with the Danish Nature Conservation Association and Greenpeace.

Forgot: Strategic environmental assessment

But that is not the only problem, because the legal basis for the orders themselves is not in order according to the researcher.

- The orders on internal networks and direct line routing should have been strategically environmentally assessed before they were decided. That is, the laws that set the framework for the orders, so that you can get the permits afterwards. There are EU judgments that laws and regulations must undergo strategic environmental assessment, explains Kenneth Løvenskjold Andreasen.

But before there can be a possible EU judgment that makes the Danish laws and regulations invalid, it requires that a Danish court ask the EU Court of Justice. But that again requires that a case is first filed with a Danish court. Such a legal process is lengthy.

The Ministry does not comment on the lack of environmental assessment

DOI.dk has asked the Ministry of Climate, Energy and Utilities for a comment on the RE III Directive's requirement for increased renewable energy and the possible invalidity of laws and regulations that have not undergone strategic environmental assessment. However, the Ministry has chosen not to comment on this part at all, but has only dealt with the case of Brøns district heating's direct line between the wind turbines and the heating plant.

- The Ministry of Climate, Energy and Utilities has no comments on a case that is under consideration by an appeals board. Please refer to the Danish Energy Agency for questions about the basis for exemption.