Energy and Utilities Experience

Biomass

We have unrivalled experience in UK biomass. We have advised on the full range of development issues including overall contract strategy, real estate, port agreements, fuel supply (including straw, wood, chip, pellets, miscanthus and short rotation coppice – both nationally and internationally), consenting, financing, construction packages, and power and heat offtakes.

Bical – advising on energy crop arrangements.

Bidder – on the purchase of a 20 MW biomass project in development.

Biogen Greenfinch – advising on its landmark anaerobic digestion plant at Harper Adams agricultural college.

Helius Energy plc – advising on the CoRDe 7.2 MW biomass project using distillery by products as fuel.

Helius Energy Plc – advising in relation to the development of a 100 MW biomass fuelled power station at Avonmouth Port.

Helius Energy Plc – advising on the procurement of a 65 MW biomass power station at Stallingborough.

Prenergy Power – advising on the development of UK's/Europe's largest biomass renewable energy plant (300 MW).

GB Bio – advising on a 17MW straw fired biomass plant.

Solar

We have advised on over 100 solar projects including greenfield, commercial and rooftop. We have a deep understanding of the Feed in Tariff and the Renewables Obligation which is key to these projects.

SolarAccess BV – advising on standard form EPC and service and maintenance contracts for use on projects throughout the UK.

The Carbon Trust – advising on a PV Research Accelerator project with Cambridge University.

Sunstroom Energy Ltd – advising on the build out and sale to Foresight of the 5MW Malmesbury solar project.

RGE – advising on construction arrangements for a portfolio of solar projects across the UK.

Bidder – advising on the proposed acquisition of a portfolio of rooftop and ground mounted solar projects on over 200 sites.

Wind (on and offshore)

Team members have advised on over 200 onshore wind farms and 13 offshore wind farms.

Various – on turbine supply and construction arrangements with Vestas, Nordex, Enercon, Powerwind, EWT, Siemens, Repower and Gamesa.

Devon Wind Power – advising on the development of the 66 MW Fullabrook onshore wind farm including all consenting aspects, grid and build out (our team also carried out the advocacy at public enquiry).

Energy 4 All – advising on EPC and BOP contracts development and project financing of the Westmill landmark community owned wind farm project.

A bidder – advising on the proposed acquisition of SSE's Project Jupiter portfolio (Braes of Doune, Dalswinton, Minsca and Slieve Divena).

RES – advising on the planning aspects and successful public inquiries for the Grange Farm, Tallentire, Wadlow and Woolley Hill.

ESBi – advising on the acquisition of the 37.5 MW onshore wind farm at Mynydd y Betws.

Hg Capital – advising on all aspects of property due diligence (including planning due diligence, grid connection arrangements, exclusivity arrangements, title due diligence and review of options and leases) associated with the acquisition of Ridgewind Limited.

Infinergy – advising on the project financing of the Ferndale and Castle Pill wind farms.

International Power – advising on a joint development agreement for the development and construction of 10 wind farm sites ranging from 8 MW to 45 MW across England, Wales and Scotland.

Major construction company – advising on the 500MW turbine installation contracts for the Greater Gabbard offshore wind farm project.

Nuon Renewables (now Vattenfall) – advising on Nuon's successful bids under the Forestry Commission Wales wind farm procurement.

Nuon Renewables (now Vattenfall) – advising on numerous onshore wind farms including its 300 MW Pen y Cymoedd wind farm including negotiating all grid arrangements, preparing and negotiating all construction and procurement arrangements and all consenting aspects and real estate.

Seagreen – advising on its 3,500 MW Firth of Forth Round 3 Zone offshore wind farm.

Wind Prospect Developments Limited – advising on issues throughout their UK onshore wind business including the negotiation of over 30 Option Agreements and Leases.

A bidder – advising on a bid for a stake in the Project Boreas portfolio comprising Centrica's Lynn and Inner Dowsing projects (180 MW) (offshore) and the Glens of Foundland onshore project (26 MW).

Wave & Tidal

We are one of only a few law firms with experience of marine renewables. Members of our team sit on RUK's and Scottish Renewables Marine working groups and Burges Salmon is a founder member of the South West Marine Energy Park – the first such entity announced by Government. We are advising on the world's largest tidal stream project.

The Carbon Trust – advising in relation to its Marine Energy Accelerator.

International Power – advising on its landmark investment in the MeyGen 400 MW tidal stream project off Pentland Firth.

Swanturbines Limited – advising on its tidal stream project and funding issues.

Tidal Generation Limited – on the recommended offer by Rolls Royce Group plc for the entire issued share capital.

MeyGen – on its proposed 400MW tidal stream project at the Inner Sound.

Wave Hub – we are legal advisors to the innovative wave array testing facility in the South West of England.

Channel Islands – advising a FTSE 100 company on a proposed investment in an SPV formed to exploit the tidal resource around the Channel Islands.

The Crown Estate Procurements – advising a number of bidders on demonstrator leases and on the first commercial leasing round for marine in the Pentland Firth and Orkney Waters.

Nuclear

International Nuclear – one of our key areas of experience is on connection with the application of international nuclear laws.  We have experience of applying IAEA laws and standards and can advise foreign governments seeking to introduce new nuclear legal regimes.

A client – radio-active waste repatriation programme across sixteen jurisdictions.

Nuclear Decommissioning Authority – Dounreay PBO competition, Land sales for new build; Springfields.

Ministry of Defence – we advised the MoD on the re-contracting of the Atomic Weapons Establishment – a £2.5 billion value contract. This included advice in the tender stages through to the final award of the contract and the establishment of a new consent under the Radioactive Substances Act 1993. Many of the corporate structures employed there are instructive to other contracts in the nuclear sector.

Imperial College London – Nuclear Reactor Decommissioning Planning Project; transport, fuel and waste issues; site security and licence conditions; site liability and insurance (DTI/NRI) issues.

Site Licence Companies – We advise several SLCs on operational issues on their sites.

Radsafe CLG – advise on all corporate, commercial and governance issues, as well as nuclear liability, transport, insurance and emergency planning matters.

Conventional

Members of our team have advised clients on investments, mergers and acquisitions, and day to day compliance relating to the majority of the UK's coal-fired fleet of power stations. We also have significant experience of gas-fired power stations. Examples of the experience we can provide include:

• advising on the consenting aspects of a new gas fired CCGT
• advising on co-firing/biomass feedstock contracts relating to coal-fired power stations
• advice on railfreight contracts associated with power stations
• advice on Carbon capture and storage as it relates to new conventional power stations in the UK
• advice on handling trespass and protestor actions at conventional power plant including developing a "fast reaction" pack for the station(s)
• advising on the decommissioning of power stations and the surrender of relevant permits.

Waste

Local Authority Waste Management Projects (PPP/PFI) – team members have advised on the Scottish Borders, Central Bedfordshire, Gloucestershire, Plymouth, West Berkshire, Lancashire, Kent, Wrexham, Cornwall, Northamptonshire, Wakefield, Devon (Exeter EfW), SWAMP, ARC21, North Somerset, South Gloucestershire.

Private Sector Clients – include Viridor, Veolia, Covanta, New earth Solutions, Costain, BiogenGreenfinch, Cory, Nord LB, Triodos NV.

Scottish Borders – advising New Earth Solutions as Preferred Bidder for the £100m Waste PPP Scheme involving MBT and ATT (gasification) technologies.

Costain – advising Costain as EPC contractor for the £3.8bn Greater Manchester Waste PFI Scheme.

Covanta – advising on the consenting of a 750,000 tonne waste to energy scheme near Merthyr Tydfil, by way of an application to the Infrastructure Planning Commission.

Waste to Energy Plants – members of the team have advised on the following municipal waste to energy projects:- Isle of Man Government, Covanta, Devon County Council, Allington, Edmonton, Lakeside as well as others where Funders (Nord LB) have been advised.

Anaerobic Digestion – the team are advising on a number of Food Waste and on farm AD projects, in particular providing detailed advice around the uses of digestate (including end-of-waste criteria and recycling/recovery).

Food Waste AD projects – contractual negotiations, drafting, off-take contracts (digestate, biogas and power), funding (including FITS), planning and permitting for private and public sector clients targeting food waste focussed projects - Gwynedd County Council, Welsh Assembly Government, NE Wales, Heads of Valleys, Biogen Greenfinch, Adgen, and GENeco.

Gwynedd County Council – advising on the procurement of a 10,000 tonne food waste AD facility including all aspects of legal input for a PFI style project primarily in advice and negotiation of the project agreement and sub-contracts and leading the project team through the competitive dialogue process. The project involves close liaison with the Welsh Assembly which is leading on the Wales-wide procurement of AD facilities.

Welsh Assembly Government – Advising WAG's Waste Procurement Programme Office (WPPO) through Gwynedd County Council on the implications of State Aid for the Wales-wide anaerobic digestion procurement and the content of the standard form contract issued by WPPO.

Biogen Greenfinch – advising Biogen Greenfinch, a leading technology provider and the UK's leading operator of AD food waste plants, in connection with a new £3 million-plus renewable power system for one of the UK's leading agricultural colleges, Harper Adams University College.

Local Authority Waste Services Contracts – team members have advised on waste collection, recycling, HWRC, landfill, haulage, SRF/RDF (including transfrontier shipping) contracts: West Oxfordshire, Calderdale, Selby, South Lakeland, Bristol, Tamworth, Cardiff, BANES, Blackburn and Darwin.

London Waste and Recycling Board – advising the Board, from its inception, on grant awards to and investments in waste management technologies and companies.

Various waste prosecutions – defence of various waste prosecutions brought by the Environment Agency against clients in a wide range of sectors.  This work has included advising on all aspects of plea bargaining with regulators and defence of such prosecutions, as well as providing the advocacy ourselves.

Carbon Law

GreenStream Carbon Manager Consortium – we advised on the carbon manager agreements for trading carbon credits arising from the Multilateral Carbon Credit Fund set up by the European Bank for Reconstruction & Development.

Multi-national gypsum company – advising on implications of inclusion of gypsum sectorin Phase II of EU ETS.

International chemicals manufacturer – advice on purchase of a phosphates business including consideration of climate change and emissions trading-related liabilities.

Energy Regulation

Non Fossil Fuel Obligation – advising on legacy NFFO issues and the consequences of changeover to the Renewable Obligation.

Electricity Market Reform – advising a variety of developers on the consequences and implications of EMR on their projects.

Renewable Obligation – advising on numerous projects and power arrangements relating to the RO. Lobbying on behalf of industry on ROC bonding. Advising on qualification criteria for the RO; eg biomass sustainability.

Feed in Tariff – advising on all aspects of FIT including qualification, accreditation, FIT challenges and reviews, ensuring projects take advantage of FIT deadlines.

Energy Licencing – advising a variety of parties on electricity supply licence issues, licences for on-sale of electricity, exemptions, generation licence issues, distribution and transmission licences.

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

Ofgem – a number of our team have spent time seconded to Ofgem advising on energy regulation.

Power Contracts

Major Utility – advising on the terms of the PPA for a 315MW offshore wind farm and management of balancing risk.

Motor Manufacturer – advising 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.

Marks & Spencer plc – advising on its innovative and highly publicised renewable energy PPA/CFD structure which has been rolled out to over 25 projects.

Nuon Renewables – advising 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.

Plymouth gasification project – drafting and negotiating a power supply agreement and subsequent spill arrangement with two adjacent customers.

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

Major operators, developers and banks on a variety of PPAs and major grid connections with parties and counterparties including EON, N-power, Scottish and Southern, Centrica, International Power plc, Smartest Energy, Statkraft, Good Energy, Covanta Energy Limited.

Senior lender – advising in relation to the PPA for a proposed food to waste to energy plant.

Government entity and community schemes – advising on a number of major community and district heat and electricity supply schemes.

Small hydro