1 Brev av 12.05.2000 fra EFTA Surveillance Authorities (ESA)

«The EFTA Surveillance Authority refers to the letter of 8 May 2000 from the Ministry of Petroleum and Energy, received and registered by the Authority on 10 May 2000 (Doc. No: 00-3577 A), containing information on the system of allocating energy contracts by the Norwegian authorities through Statkraft SF to individual companies.

The Authority would like to inform your authorities that, based on the information we have received so far, the Authority is of the view that contracts foreseen in St prp nr 52 may contain aid. Termination clauses in the proposed contracts imply that enterprises with existing contracts («statkraftskontrakter») and leases («leieavtaler») will be conferred benefits for an extended period of time. On the other hand, for enterprises not having existing contracts, i.e. not affected by the termination clause, the price conditions outlined in St prp nr 52 seem to be comparable to market conditions.

If Statkraft and the enterprises mentioned in St prp nr 52 conclude contracts under the conditions currently laid down, i.e. containing termination clauses, the Authority would be obliged to open proceedings according to Article 1 of Protocol 3 to the Surveillance and Court Agreement.

This letter does not prejudge the future position of the Authority with respect to further examination of the system of energy contracts allocated by the Norwegian authorities to individual companies.»