Energy Regulation

Our market-leading team has expert knowledge of energy regulation law, acting for both energy sector developers, investors and funders and the regulators.

Overview

In the competitive energy market, businesses need specialist help to navigate an evolving – and often complex – system of regulation. Our lawyers are regarded as leading experts in electricity regulation and licensing, renewables, incentives rules, competition and subsidy control, nuclear, carbon trading, decommissioning and EHS regulation.

Having worked for both energy businesses and the regulators, we are able to view challenging energy regulation issues from all perspectives. Our lawyers have worked with the government, drafting energy regulation for utilities, and have also been seconded to Ofgem to support the electricity transmission and trading laws and renewable energy support mechanisms. Our team is renowned for delivering innovative solutions to our clients on power trading, energy supplies, power purchase, grid connections, and corporate PPAs including the UK’s first 'synthetic or virtual PPA'.

We have experts in electricity licensing and regulatory enforcement of energy instruments and policies and we track likely changes that will impact the industry by sitting on key working groups.

Areas of focus

Our energy regulation expertise includes the following:

Electricity and gas licensing and consenting.
Environmental and health and safety regulation.
Green gas trading and heat regulation.
Carbon trading and regulation.
All types of electricity offtake and renewables PPAs (including corporate PPAs).
FiT, Renewables Obligation regulation.
Contracts for difference, cap and floor mechanisms and revenue support contracts such as the Hydrogen Business Model.
Decommissioning plans and licensing.
STOR and demand response contracts.
Competition and subsidy control issues.
Fuel regulation, e.g. sustainability standards.
Distribution and Transmission licences and charging.

Experience

Advising Marks and Spencer plc on its innovative and highly publicised renewable energy virtual/corporate PPA structure, which has been rolled out to over 25 projects.

Advising major corporates on rectifying supply licence exemption scenarios relating to resale, private wire network supply etc.

Advising Estover Energy on Renewables Obligation and Renewable Heat Incentive regulation for a large biomass plant.

Advising Zenobe energy on the regulatory issues surrounding co-location of energy storage with renewables.

Advising Marks and Spencer plc on purchase of green gas certificates – the first deal of its kind.

Advising a variety of green hydrogen developers on the first allocation round of the Hydrogen Business Model and on rules around claiming Renewable Transport Fuel Certificates.

Advising a variety of developers (offshore/onshore/floating wind, solar, tidal, geothermal) on the UK's Contract for Difference, challenging non qualification, auction rules and CfDs.

Advising on over 100 distribution and transmission connection offers and agreements for renewables and conventional plant including Grid trading and offshore transmission.

Advising EMEC and other developers on preserving the RO status of projects which are being adapted and replaced.

Advising a motor manufacturer on a number of gas and electricity supply contracts across its UK business.

Advising Atrato Onsite Energy on its Britvic corporate PPA with Squeaky which has opened up a new form of corporate PPA in the UK.

Adjacent customers – O-Gen Plymtrek and Birmingham Bioenergy.

Advising a variety of parties on shared grid connections, contracts with IDNO's and third party access rights on distribution networks.

Advising on heat networks and the development of Heat Zoning.

Advising major operators, developers and banks on 150+ PPAs and major grid connections with parties and counterparties including EON, Npower, Scottish and Southern, Centrica, International Power plc, Neas, Smartest Energy, Statkraft and Good Energy.