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NORTH EAST LAW REVIEW 173 4.2.3 Incidental Reduction of Allowance Payment On account of its ability to pass on increased costs of CO2 emissions, the power sector is generally not eligible for free allowance allocation. This means that, as far as they are unable to pass on increased costs as well, power consumers must pay for the allowances the electricity producers have to surrender. In fact, [p]ower prices in EU countries have increased significantly since the EU emissions trading scheme (ETS) became effective (...) these increases in power prices may - at least in part - be due to this scheme, in particular due the pass- through of the costs of EU allowances (EUAs) to cover the CO2 emissions.108 Consequently, operators can reduce the internalised costs of allowances required for power generation by reducing the amount of grid electricity they purchase. That way, the generation of waste heat electricity reduces the amount of allowances operators have to pay for through the energy price.109 To quantify this reduction, the waste heat electricity production has to be set into context with the CO2 emissions stemming from the grid power production. The mean EU-27 energy mix entails carbon emissions of 374.6g CO2/kWh.110 But since it is not the production of electricity as such but only the combustion of fuels which allowances have to be surrendered for, emissions from renewable energies (mostly construction) and nuclear power (uranium enrichment) have to be subtracted, resulting in about 350g CO2/kWh.111 However, the industry claims that, due to market mechanisms not further explained in this paper, this factor is to be set at around 750g CO2/kWh.112 Although the motive was clearly to project higher electricity costs and, that way, increase prospects of state aid, the Commission in principle adopted the argument;113 consequently, the same transfer factor should be used for the reduction of indirectly paid allowances. Thus, for every 1.33 MWh of electric energy recovered from waste heat and used on site, one less allowance has to be paid for through the price for grid electricity.114 108 JPM Sijm, SJ Hers, W Lise and BJHW Wetzelaer, The impact of the EU ETS on electricity prices (Energy Research Centre of the Netherlands 2008) 11. 109 See also DG-CLIMA, 'Explanatory note on the definition of process emissions sub-installations' (Explanatory Note Process Emissions) (2011). 110 Union of the Electricity Industry, Power Statistics (2010 edition, 2010) 15. 111 Data based on best available technique; DG-JRC, ‘Greenhouse Gas Emissions From Fossil Fuel Fired Power Generation Systems’ (2001) 11; European Wind Energy Association, ‘EU Energy Policy to 2050’ (2011). 112 Alliance of Energy Intensive Industries, ‘Realistic evaluation of the indirect cost effects in the EU Emissions Trading Scheme for the analysis of the risk of carbon leakage and for financial compensation’ (2009) 3. 113 Commission, 'Impact Assessment Report: Guidelines on certain State aid measures in the context of Greenhouse Gas Emission Allowance Trading Scheme' (Staff Working Document) SWD(2012) 130 final Part 4, para 4.5.2. 114 1.33 MWh/t CO2 = 1 . 0.750 t CO2/MWhPDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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