Published 05.10.2023

The Ministry of Petroleum and Energy (OED) has recently submitted a proposal for public consultation to exempt offshore wind applications from public access through regulatory changes. OED justifies this proposal by stating that anticipated requests for access would create significant bureaucratic strain and that there is urgency in implementing the change. The urgency appears so great that the ministry seems to be bypassing the regulations they are tasked with upholding. The Norwegian Environmental Protection Association (NMF) criticizes the proposal to exempt offshore wind applications from public access, highlighting the risk of weaker environmental assessments and democratic processes. The short consultation period raises concerns about rushed decisions being made without adequate ecological considerations.

A consultation deadline of only 18 days is a clear violation of the applicable regulations!

According to the Norwegian Regulations on Impact Assessments, section 3-3, consultation periods should be adjusted based on the scope and significance of the measure, with a standard of three months and a minimum of six weeks. Additionally, if consultation feedback or other factors lead to significant changes in the proposal, a new round of consultations should be conducted.

Source:: Utredningsinstruksen, Lovdata

Despite the requirements, the Ministry of Petroleum and Energy (OED) is conducting a consultation with only 18 days for the public to review applications for offshore wind projects. This urgency appears to reflect a pattern of short, legally questionable consultation periods in matters concerning offshore wind. This practice violates the regulations, which mandate longer consultation periods depending on the scope and importance of the projects.

An article from Stat og Styringpublished by Universitetsforlaget and supported by the Ministry of Local Government and Modernisation, sheds light on the government's decision to shorten consultation periods for the Utsira Nord and Sørlige Nordsjø II offshore wind projects to only one month. This comes despite calls from industry and environmental groups for faster processing of applications. The rushed timeline raises concerns about the adequacy of the consultation process.

Source:: Stat og Styring

It is critical to halt this process for further consideration. Environmental organizations, including Norges Miljøvernforbund (NMF), strongly oppose the government legitimizing rule-breaking with alleged support from "environmental organizations." NMF firmly rejects any claims of backing such rushed actions, which threaten the environment and attempt to bypass public rights to transparency and participation in decisions impacting environmental welfare.

This consultation, conducted by the Ministry of Petroleum and Energy (OED) and the Ministry of Justice and Public Security, violates the regulations they are meant to administer. The purpose seems to be altering current regulations to simplify processes at the expense of public insight and a democratic process that ensures thorough environmental assessments.

Offshore wind developments in Sørlige Nordsjø II, Utsira Nord, and other upcoming projects have significant environmental impacts. However, authorities have fundamentally altered the usual regulatory framework by granting developers early access, prequalification, and allocations before necessary environmental assessments are completed. This means major contracts with subcontractors may already be signed before environmental challenges are identified. Consequently, any issues discovered after such permits are granted are unlikely to halt a project, regardless of the extent of the damage. utenlandske myndigheter også kan legge press på norske myndigheter gjennom trusler om kostbare rettssaker dersom utbyggingen møtes med begrensninger der utenlandske selskaper er involvert.

One consequence of this practice is that severe, permanent damage to crucial spawning grounds could go unaddressed. This is because the financial stakes are high, and the government may face lawsuits if restrictions are imposed later. As a result, the regulatory framework for offshore wind seems designed to allow projects to proceed, even if environmental consequences become apparent afterward.

Under this reversed management regime, the Ministry of Petroleum and Energy (OED) is seeking to legislate secrecy around the application processes for offshore wind projects. This move would prevent public access to important information regarding environmental impacts, further limiting transparency and public participation in decisions affecting the environment.

Miljøinformasjonslovenensures public access to environmental data and participation in decision-making that affects the environment. This law is based on the Århuskonvensjonen, which Norway signed in 1998 and ratified in 2003, and aims to provide insight into matters with environmental impacts. Despite this, the Ministry of Petroleum and Energy (OED) does not acknowledge this obligation in Chapter 2.2 of its consultation document, where it focuses only on matters outside environmental legislation. kapittel 2.2 i sitt høringsnotat, hvor det ensidig legges vekt på forhold utenfor miljølovgivningen.

Mer av alt som ikke virker – raskere, RePowerEu og Dear Ursula

The government is rushing to build offshore wind farms, with ambitions so high that environmental concerns, laws, and guidelines are often overlooked in order to achieve the fastest possible development. New requirements and guidelines keep emerging, largely driven by the EU’s demand for quicker access to more Norwegian energy.

Prime Minister Jonas Gahr Støres letter to EU Commission President Ursula von der Leyen on May 20, 2022, gives a clear indication of the government's priorities. The letter, which opens with a handwritten 'Dear Ursula,' is a personal address where the Prime Minister promises an offshore wind expansion of 30 GW by 2040, adding that 'a significant portion of the 30 GW will be available for export to Europe.' The letter clarifies that the main focus is not on strengthening Norway's energy supply but on meeting the EU's energy needs.

In the same letter, the Prime Minister also promises that Norwegian resources such as CCS, hydrogen, batteries, and minerals will be made available to 'complement and accelerate the EU's green energy transition.' This strategy suggests a direction that prioritizes EU concerns over the needs of Norway’s own citizens, especially considering the high electricity prices already affecting southern Norway following the opening of new interconnectors. This is happening while the government provides substantial subsidies to offshore wind companies through difference contracts that guarantee high electricity prices—costs borne by the public. At the same time, the government proclaims its efforts to reduce electricity prices, despite the actual effects.

The government's initiative to expand the transmission capacity between northern and southern Norway aims to reduce high electricity prices in the south. However, this could lead to a larger portion of Norwegian power becoming available for export, resulting in uniformly high electricity prices across the country instead of ensuring affordable power for Norwegian households.

At the same time, the government has set up an energy commission to assess energy needs and challenges. The report "More of Everything – Faster" was to be sent out for consultation, but long before this process was completed, the decision for extensive offshore wind development had already been made. It is clear that offshore wind for Europe has been the primary focus, a perception reinforced by the exclusion of alternative solutions like geothermal energy, despite their potential to provide stable and environmentally friendly energy.

This situation raises several questions about the government's energy policy, suggesting that environmental concerns and alternative energy sources are being sacrificed to implement an EU-focused strategy at high speed. This approach seems to disregard the consequences for Norway's nature, environment, and energy stability.

• Høring – Forslag av regulering av innsyn i havvindsøknader – regjeringen.no
• Les mer i Norges Miljøvernforbund sitt høringssvar (PDF)
• Miljøvernforbundets innsynskrav til OED 05.10.2023 beslutning av fravikelse fra utredningsinstruksen (PDF)

Norges Miljøvernforbund's hearing response provides detailed information and critical evaluations regarding the offshore wind initiative. There is still time to participate, with the deadline set for October 13, 2023. Use this opportunity to submit your own response and express your views. You can be inspired by Miljøvernforbund's or others' submissions, even if you don’t delve into all the specifics. The key is for many to get involved.

History shows that hearing responses can have a significant impact. In 2019, over 5,300 responses were submitted for the National Framework for Wind Power, most of them critical, leading to the proposal being withdrawn by the Solberg government. Similarly, more than 3,300 responses, mostly negative, halted a proposed change by the Ministry of Justice and Public Security earlier this year that aimed to restrict access to public documents. Engagement matters—every response counts and can influence decisions in crucial matters.