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NORTH EAST LAW REVIEW 183 basis of the transfer factor suggested by the industry,143 the replacement of 1.33 MWh of grid electricity by waste heat electricity effectively reduces the allowance bill by one allowance. Provided there are no long-term consumption agreements between the operator and their power supplier and the process design allows for a substitution of grid power by waste heat electricity, this reduction can be seen as replacing an equal amount of allowances allocated for free. This is particularly true in cases where electricity generation is more efficient than in the 75/25 reference case, which is based on hypothetical default values. The Finnfjord waste heat turbine, for instance, can generate up to 340 GWh a year at a maximum CO2 output of 360 kilotons, resulting in an emission factor of just above one tonne of CO2 per MWh. This performance is far better than in the reference scenario,144 but it is not rewarded by the allocation formula for type (c) process emissions. However, compared against the transfer factor of the Nordic energy mix,145 the achieved electricity output means that for every ton of carbon dioxide emitted, the cost of 0.57 grid electricity allowances is avoided.146 In other words: Adding the avoided grid allowances to the free allocation level of 91.14% theoretically results in a reduction of Finnfjord’s allowance bill by almost 150% (compared to the number of allowances required for the production process itself),147 exceeding the level of full allocation achieved through the sale of heat by far. 5.2.1.3 Comparability However, there are several flaws to that comparison. Firstly, counting avoided grid power allowances towards the allocation level is appropriate only where grid power is actually being consumed; installations with a ‘green’ power supply (or a power supply that is at least ‘greener’ than the grid mix) cannot profit from the avoidance of passed- through allowances, or only to a lesser extent. Secondly, long-term consumption agreements between operators and power suppliers can make it impossible to reduce the intake of grid power without penalties. In that case, the electricity generated from waste heat must be sold off in competition with other sources of electric power, the relevant conditions of which are explored in the next subsection. Thirdly, the substitution of grid power by electricity generated from waste heat on-site faces technical difficulties. Waste heat occurs only after the chemical reduction process has been set off by large amounts of electric energy; a certain intake of grid power is 143 750g CO2/kWh, 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. 144 In which it is (1.77 GJ/t CO2 ∗ 0.55 ∗ 0.667 ∗ 100 t ∗ 10 ∗ 1 )−1 = 6.1 t CO2/MWh. 11 3.6 145 0.6 t CO2 / MWh, see Energy Norway, Federation of Norwegian Industries and Industri Energi, ‘Carbon Price Transfer in Norway’ (2011) 3. 340 MWh/t CO2 = 0.57. 146 360 0.6 t CO2/MWh 147 0.9114 + 0.57 = 1.4814.PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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