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156 WASTE HEAT AND EUROPEAN CLEAN ENERGY POLICIES 1.3 Sources and Methodology Due to a lack of precedents, this paper will mostly rely on original research; as the Benchmarking Decision has been adopted only in 2011, there is no case law and virtually no scientific literature dealing with free allowance allocation available yet. Meanwhile, the emission trading schemes do not provide any codified rules in regards to energy recovery in the form of waste heat electricity. Against this background, the analysis will frequently refer to a real-life case to illustrate the current way the Commission interprets the schemes. These references do not aim to produce a case study, but help illustrate the abstract analysis with the condensate of the on-going discussion between the operator and the European Commission as an exemplary case. The installation under study is a Norwegian ferro-alloy plant operated by the medium- sized enterprise Finnfjord, which is currently being equipped with a waste heat electricity generator.11 1.4 Structure and Research Questions The inquiry is structured as following: Sections two and three clarify the basic terms and mechanisms relevant for the further assessment: How is electricity from waste heat produced in the ferro-alloy industry? Why does the ETS provide for the allocation of free allowances, and what are the rules of this allocation? Based on these premises, the fourth section describes in detail how the ETS-Directive and the Benchmarking Decision are applied to processes generating industrial waste heat, and how to the electricity generated thereof. The fifth section evaluates this nexus: Is the way the schemes are interpreted compliant, reasonable and consistent? And does the scheme under its current interpretation by the Commission create a level playing field between waste heat electricity, heat delivery, renewable energy and conventional electricity— or is electricity from industrial waste heat in the blind eye of Europe’ energy policies? 2 ELECTRICITY FROM INDUSTRIAL WASTE HEAT To facilitate understanding of how waste heat electricity is approached under the European ETS, this section will describe the process of generating industrial waste heat and some technical aspects of the recovery of electric energy from therefrom. 2.1 Industrial Waste Heat European legislation does not provide for a legal definition of waste heat. Therefore, it is hereby defined as ‘heat that occurs as a by-product from mechanical, electrical or chemical processes that have a purpose other than the mere generation of heat.’ In the ferro-alloy production in so-called electric arc furnaces (EAF), large amounts of such heat is generated in the course of the reduction of metal oxides, which is the most important stage in the production process of ferro-alloys.12 It takes place at high temperatures generated by electrodes using electric energy to heat up the ore in order 11 Surveillance Authority EFTA, 'Decision of 9 February 2011 on the aid to Finnfjord AS for an energy recovery system' (Finnfjord Decision) (2011)(Dec No 39/11/COL) para 3.1. 12 Commission, BREF Non Ferrous Metals (2001) 555.PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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