PRACTICE NOTES
Offshore transmission for wind generators in Great Britain: transfer obligations, tender and Transfer Agreements, cost recovery, construction risks, O&M interfaces, stranded asset risk and end-of-revenue decisions
Requirement to transfer offshore transmission assets
For further practical guidance on key legal issues in the wind sector, see also the following resources:
Wind: Projects and Transactions
Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition (for detailed commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales)
That textbook offers in-depth analysis of matters discussed in this Practice Note.
Why are generators required to transfer offshore transmission assets?
An offshore wind farm depends on its link to the onshore electricity grid via offshore electricity transmission assets. Under the regime for projects in Britain’s territorial waters, generators may choose for a separate offshore transmission owner (OFTO) to build these transmission assets; nevertheless, to date, UK offshore wind generators have undertaken the construction themselves (commonly termed Generator Build). However, unbundling requirements—implemented in the UK through the Electricity and Gas (Internal Markets) Regulations 2011 (SI 2011/2704)—demand that ownership and operation of transmission systems are kept separate from gas and electricity generation, production and supply activities, which in turn necessitates the transfer of offshore transmission assets...
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