Nicolaj Kleist March 2 2020 Increased focus on geothermal energy Bruun & Hjejle | Energy & Natural Resources - Denmark Nicolaj Kleist Energy & Natural Resources IntroductionLegal frameworkDifficulties in allocating riskCurrent geothermal projectsIntroductionGeothermal energy has long been used for district heating in Denmark, but lately political and industry interest therein has been on the rise. This has resulted in an increase in applications to explore for and produce geothermal energy. Since 2017, five new exploration licences have been granted and five additional licences are currently being assessed by the Danish Energy Agency (DEA).Geothermal energy in Denmark can be used only for district heating and not to produce electricity, due to the low temperature of the saline water reservoirs in the Danish subsoil. Only three geothermal plants are in operation, but this may soon change. Geothermal energy will help to fulfil the political goal of a carbon-neutral Denmark by 2050.Legal framework The production of geothermal energy is governed by the Subsoil Act and a licence is required for both the exploration for and production of geothermal energy.Licences are provided through a tender by the DEA. Licences are usually awarded as a sole concession for the applied-for area. The DEA emphasises the importance of applicants' technical and financial capacity and the production method that they intend to use in the area for which they have applied.Exploration licences last for six years but can be extended for 10 years. If production is commenced, the licence will have a duration of 30 years but will be limited to the area from which the geothermal energy is extracted and will not cover the entire area for which it was initially applied. This frees up the surrounding area for other applicants and ensures that as much geothermal energy as possible can be produced in the area.The use of geothermal energy for district heating is governed by the Heat Supply Act, which sets out the legal framework for matters such as pricing.Difficulties in allocating riskDue to the conditions in Denmark relating to geothermal energy, exploration for usable saline water reservoirs is expensive and the chance of success is limited. Companies that want to invest in geothermal energy must often cooperate with the local municipalities when setting up endeavours. This has resulted in different solutions having to be used in order to mitigate the risk that would have otherwise been carried by the private company in its entirety.However, even though municipalities are interested in using geothermal energy in their area as an endless resource for district heating, they are seldom prepared to assume the risks of exploration. Municipalities have been known to treat geothermal plants as turnkey projects in which they carry none of the risk of a failed exploration or at least demand that the private licensee carry all of the risks of exploration and operation of the geothermal plant, combined with a pricing agreement ensuring that the private investor has an acceptable return on investment.Current geothermal projectsAt present, three geothermal plants are in operation, six additional licences for exploration and production of geothermal energy have been granted and applications for five additional areas are being assessed by the DEA. The current geothermal projects that have attracted the most interest are in Aalborg and Aarhus, which are still in development. For further information on this topic please contact Nicolaj Kleist at Bruun & Hjejle by telephone (+45 33 34 50 00) or email ([email protected]). The Bruun & Hjejle website can be accessed at www.bruunhjejle.com.