Electricity pylon
Overview

In the competitive energy market, businesses need specialist help to navigate an evolving – and often complex – system of regulation. Our lawyers are experts in energy regulation and are regarded as leaders in electricity regulation and licensing, renewables, incentives rules, competition and state aid, 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, power supply, power purchase and grid connections, including the UK’s first 'direct PPA'.

We were part of a working group developing responses to the UK government's contract for difference regime and have advised on issues such as electricity supply licences, Renewables Obligation, Renewable Heat Incentive and FIT mechanisms.

Areas of focus

Our energy regulation expertise includes the following:

  • Electricity and gas licensing and consenting.
  • Environmental and health and safety regulation.
  • Carbon trading and regulation.
  • All types of electricity offtake and renewables PPAs.
  • FiT, EMR and Renewables Obligation regulation.
  • Decommissioning plans and licensing.
  • STOR and demand response contracts.
  • Competition and State Aid issues.
  • Fuel regulation, eg sustainability standards.
  • Distribution and Transmission licences and charging.
Experience

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

Advising Helius Energy plc on power purchase agreements for two biomass power stations and advising on fuel supply and handling contracts.

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

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

Advising a variety of developers on the consequences and implications of Electricity Market Reform (EMR) on their projects, 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 a motor manufacturer on a number of gas and electricity supply contracts across its UK business and negotiating the sale of Renewables Obligation certificates from its on-site wind farm.

Advising Nuon Renewables on a direct PPA with Tarmac plc. This PPA was heralded in the market as a new innovative way of selling green power. Rather than selling to a licensed supplier it was sold to a corporate, Tarmac, and backed off by a supplier.

Drafting and negotiating a power supply agreement and subsequent spill arrangement with two adjacent customers – O-Gen Plymtrek and Birmingham Bioenergy.

Advising on a number of major community and district heat and electricity supply schemes.

Advising a variety of parties on shared grid connections.

Advising a major utility on the terms of the PPA for a 315 MW offshore wind farm and management of balancing risk.

Acting for DECC on the set up of Green Deal, as well as ongoing advice to a variety of Green Deal providers.

Advising major operators, developers and banks on over 100 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.

Advising on all aspects of Renewable Heat Incentive (RHI) for large scale generators and small RHI schemes for domestic and commercial premises.

Meet the team
Ross Fairley

Ross Fairley Partner

  • Energy, Power and Utilities
  • Head of Renewable Energy
  • Environment
Nick Churchward

Nick Churchward Partner

  • Head of Resource and Waste Management
  • Projects
  • Energy, Power and Utilities
Ian Salter

Ian Salter Partner

  • Head of Nuclear
  • Projects
  • Environment
James Phillips

James Phillips Partner

  • Head of Oil and Gas
  • Energy, Power and Utilities
  • Environment
John Houlden

John Houlden Partner

  • Head of Public Sector
  • Head of Procurement and State Aid
  • Projects
Nathan Curtis

Nathan Curtis Partner

  • Banking
  • Projects 
  • Energy, Power and Utilities
Ann Metherall

Ann Metherall Partner

  • Dispute Resolution
  • Health and Safety
  • Transport

What others say...

It is always excellent; they are very efficient, prompt and commercially minded in the advice they provide. 

Chambers UK 2015