news COURTS: In an earlier version of this case, news wrote that in 2020-2021 the Solberg government adopted a rule change which means that if a hydropower company is at least 75 percent publicly owned, the state’s right of reversion does not apply. That is not correct, and has been corrected. When Olav Rabbe (65) was 8 years old, large parts of Valldalen in Røldal were dammed down to a large water reservoir as part of the development in the 60s. 18 historic stolars in the valley were put under water. It was a sight Rabbe will never be able to forget. – It has stuck. It was completely unreal, says Rabbe. The law then was that after 60 years the ownership was to be transferred to the state in order to secure important natural resources for society. Olav Rabbe is the leader of the Røldal landowners’ association and has for several years fought for homelessness and stricter environmental requirements. Now the matter has flared up again, due to Sindre Finnes and Erna Solberg. Valldalen before and after damming. The water can be regulated by 80 metres, which makes it demanding to use, according to landowners. Ragnar Utne / Røldal Grunneigarlag New power company set up In December 2022, the state should have taken over the eight power plants in the Røldal-Suldal watershed free of charge, so-called right of return. But in 2017 the Solberg government changed the right of reversion, opening up the possibility for publicly owned power plants to take over the rights to produce hydropower for an indefinite period. One year earlier, the state allowed private companies to be minority owners in public hydropower companies. Heimfall Heimfall means, in short, that the right to regulate waterways for the production of electricity is taken over by the state on the day the concession period expires. A license is a license you get from the state for a specific period of time. What one is allowed to do or not is determined by strict rules. The reason why the concession laws with the principle of reversion were introduced was to prevent the important natural resource that water was and is for Norway from falling into foreign hands. Source: vasskraft.no In October 2020, it was announced that Hydro and publicly-owned Lyse were to merge parts of hydropower production and start Norway’s third largest power company; Bright Power DA. This allowed them to retain the eight power plants that produce 3.5 TWh in the two municipalities of Suldal and Ullensvang. The company could therefore continue to withdraw power from the plant without demands being made for stricter operating conditions, such as nature conservation. This created strong reactions in Røldal. Which has again flared up. POSTERS: Along the E134 and in the mountain village of Røldal, posters hang on the walls. Photo: Tale Hauso / news Because at the same time that Erna Solberg was prime minister, her husband Sindre Finne owned shares in Hydro. Solberg has explained that at the time she thought the amount was too small for there to be a basis for disqualification, but she has agreed that the amount in retrospect is on the limit. However, Professor Eivind Smith has told Klassekampen that the amount is over the limit. Will have the decision overturned This has caused the inhabitants of the mountain village of Røldal to react. Several are critical of the fact that Hydro also avoided tougher environmental requirements by omitting domestic waste. If Hydro had had to renegotiate the concession agreement with the state, the company could have been subject to far stricter environmental requirements than the original ones from the development in the 1960s. Several have now advocated that the decision must be made if Solberg was incompetent. – I am very disappointed and pissed off. We must have confidence in the politicians who make these bylaws and you get a real sense of whether someone has made money on these decisions personally, says leader Olav Rabbe of the landowners’ association in Røldal. – Now a legal assessment must be made as to whether this was legal. Because we don’t trust the politicians any more, says Rabbe. SKUFFA: Brita Øvregård knows that she is getting angry after the news that has come out recently. Photo: Tale Hauso / news Opening up old wounds in Røldal Outside the local shop in Røldal, there are many who believe it is important to get a thorough competency assessment. – We get angry and disappointed that this can happen. We were disappointed in the first half when this was turned around with home fall, but of course it flares up again now, says Brita Øvregård. – First and foremost, I am interested in getting to the bottom of the case, and correcting the injustice that has been committed both in the past and not least for the future, says Heine Eikemo. THOROUGH ASSESSMENT: Heine Eikemo outside the local grocery store in Røldal. He believes it is important to get to the bottom of the matter. Photo: Tale Hauso / news Meiner she should have asked for advice This week the Prime Minister’s office (SMK) sent a letter about Solberg’s possible disqualification for the control and constitutional committee. In the reply from SMK, it is pointed out that it is Solberg herself who has been responsible for her not being incompetent. Now Solberg admits that she should have asked the Legal Department for advice in 2021. Erna Solberg has previously admitted that she would be incompetent in matters involving the company. – In Hydro, I will be incompetent because of the size and short-term trading. In 2014, the ownership share was so low that we thought it was not released as ineligible, says Solberg. My power plants must return to the municipalities Storting representative Seher Aydar i Raudt is a member of the control committee and took the initiative to put the question to the Prime Minister’s office. – The residents of Røldal and Suldal have experienced a robbery, to the benefit of Hydro and potentially the private finances of the Prime Minister. Then the least we can do is find out if the decision is invalid, she says to Klassekampen. What will happen if the decision is invalidated is not clear. Aydar believes that the power plants must be returned to the municipalities. Unlikely If the decision is to be overturned, Jan Fridthjof Bernt, professor emeritus of law at the University of Bergen, believes that two conditions must be met. Firstly, there must be a reasonable possibility that the content of the decision may have been affected by the error, and refers to Section 41 of the Administrative Procedure Act. – The presumption that she may have been incompetent is that she knew about the situation. She cannot have been influenced by her husband’s share interests if she did not know about them, says Bernt. The second condition he refers to is whether the company knew or should have known about the disqualification. And how much they will suffer or lose if the decision is now changed. – Based on this, I believe that it is very unlikely that the license decision is invalid, he says. news has been in contact with several law professors who do not want to speculate on what they think the outcome will be. Røldal in Ullensvang. Photo: Tale Hauso / news
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– Disappointed and pissed off – news Vestland
