Pressure on the electricity grid is increasing, and queues for connection to the power network are becoming steadily longer. The Norwegian Government now proposes to allow certain actors to be granted priority access where this is necessary in order to safeguard national security interests. The proposal raises fundamental questions concerning the balance between equal treatment and the need for rapid access to electricity in an increasingly unpredictable security policy environment.
On 20 March 2026, the Ministry of Energy presented Proposition No. 49 L (2025–2026), proposing amendments to the Energy Act. The proposal would enable the authorities, in exceptional cases, to grant priority in access to the electricity grid where this is necessary to protect national security interests.
The proposal is motivated by a more challenging security policy situation, in which the need to strengthen national defence capabilities, societal resilience, and economic security has become more apparent. At the same time, grid capacity is increasingly constrained in many areas, and queues for grid connection are long.
Background to the Proposal
Grid operators are subject to a statutory duty to connect customers, and requests for grid connection must be processed without undue delay. In areas with limited capacity, however, this results in customers having to wait in line pending the completion of necessary grid investments.
The allocation of capacity is based on objective and non‑discriminatory criteria, and differential treatment may only be justified by grid‑related considerations. While the regulatory framework ensures equal treatment, it provides limited flexibility in situations where delays may have implications for national security interests.
Under the current legal framework, the authorities have no basis for prioritising between users on the grounds of security policy considerations. Existing rules allow, in exceptional circumstances, the prioritisation of certain users in the allocation of electricity, and authorities may intervene and override allocation decisions in situations of national crisis, war, or similarly extraordinary circumstances. In addition, grid operators and customers may enter into connection agreements subject to conditions, such as disconnection or limitations on consumption or production. These mechanisms, however, apply only to customers already connected to the grid, not to new customers awaiting connection.
The proposed legislative amendment would grant the authorities the power to prioritise the allocation of electricity at an earlier stage. Among other things, the proposal responds to a request from the Norwegian Parliament to strengthen access to electricity for the defence industry.
What Does the Proposal Allow?
The core of the proposal is the introduction of a new provision in section 3‑8 of the Energy Act. This provision would allow the King in Council to require grid operators to prioritise grid connection or capacity increases for a specific customer, where this is necessary to safeguard national security interests.
The concept of “national security interests” is to be interpreted in accordance with section 1‑5 of the Security Act. This includes, inter alia, considerations relating to the state’s sovereignty, territorial integrity, and democratic system of governance. It also encompasses overarching security policy interests related to (a) the functioning of the highest state authorities, (b) national security and freedom of action, (c) defence, security and preparedness, (d) relations with other states and international organisations, (e) economic stability and freedom of action, and (f) the fundamental functioning of society and the basic security of the population.
It is not a requirement that the relevant undertaking be subject to the Security Act. However, it must be demonstrated that the electricity demand is directly and critically linked to such interests. The concept of “national security interests” is therefore broad, and the provision may have a wide scope of application. This may give rise to uncertainty for actors already assigned a position in the connection queue and who have made investments on that basis. The Ministry emphasises that an individual assessment must be made in each case as to whether the electricity demand in question is sufficiently critical to warrant prioritisation on national security grounds.
The threshold for applying the provision is high. In addition to the requirement that prioritisation be necessary in order to safeguard national security interests, the ordinary connection process must have been pursued and alternative solutions considered, without achieving timely access to the grid. Decisions must be designed so as to limit adverse consequences for other actors. As noted, customers who have already commenced the use of allocated capacity may not be deprived of such capacity.
Practical Implications
The proposal entails a greater integration of security policy considerations into the regulation of the electricity grid, while maintaining the fundamental principles of neutrality and equal treatment.
How the provision will be applied in practice will depend on concrete decisions. For actors in the connection queue, the proposal may create increased uncertainty. It will therefore be crucial that the legal basis is applied in a strict and predictable manner, so as not to undermine trust in the system.
We continue to monitor developments closely. Please feel free to contact us if you have any questions regarding the proposal, or if you would like to discuss its potential implications for your business.