Matthew Collinson
Matt has specialised in energy and infrastructure projects since 2006, including in City practice and as an industry consultant. He has spent more than half his career as a general counsel in regulated energy supply and network businesses, and has written extensively on regulation of the gas and electricity sectors.
Practice Areas
Panels
- Consulting Editorial Board
- Contributing Author
Qualified Year
- 2008
Qualification
- LL.B (Hons)
Education
- Cardiff University Law School
14 Contributions by Matthew Collinson
PRACTICE NOTES
Combined Heat and Power Quality Assurance (CHPQA) in the UK: certification, self-assessment, monitoring and audit requirements and links to subsidy eligibility
What is the ?
The CHPQA is a programme operated on behalf of the Department for Energy Security and Net Zero (DESNZ), in collaboration with the Scottish Executive, the Welsh Parliament, and the Northern Ireland Department of Enterprise, Trade and Investment. DESNZ was formed on 7 February 2023 and has assumed the energy portfolio and duties of the former Department for Business, Energy and Industrial Strategy (BEIS), which no longer exists, including its roles in respect of the CHPQA. The scheme’s objective is to systematically assess, track and raise the overall quality of combined heat and power (CHP) in the UK. CHP is a key component of the UK’s low‑carbon aims, as it captures waste energy from electricity generation to supply heat directly to domestic and non‑domestic premises across the UK (typically as hot water and steam moved through a network of pipes; it is therefore a notably efficient mode of generation and is sometimes also termed ‘co‑generation’). For further information on CHP projects generally, see Practice Note: An introduction to Combined Heat and Power (CHP) Projects.
What are the benefits of the CHPQA?
Participation in the CHPQA is voluntary, but obtaining CHPQA certification is often indeed a legal precursor...
Energy
PRACTICE NOTES
Consent for generating stations under section 36 Electricity Act 1989: PA 2008 exceptions, devolved authorities and MMO roles, marine licences, planning permission, variations and navigation (Great Britain)
Introduction
Since the development consent regime was introduced by the Planning Act 2008 (PA 2008), the requirement to obtain consent under section 36 of the Electricity Act 1989 (EA 1989) has been greatly reduced. Nevertheless, s 36 still has application to:
onshore and offshore generating stations in Scotland; and
offshore wind (or water) generators with a capacity between 1 MW and 100 MW (excluding any within Scottish waters or a Renewable Energy Zone for which the Scottish Ministers have functions)
When is s 36 consent required?
EA 1989, s 36(1) bars the construction (at a ‘relevant place’), extension, or operation of a generating station without the consent of the ‘appropriate authority’.
For these purposes, a ‘relevant place’ is a location in Great Britain, in the territorial sea adjacent to Great Britain, or within a Renewable Energy Zone (EA 1989, ss 36(1) and (4)). ‘Renewable Energy Zone’ has the meaning given by Energy Act 2004, s 84.
The ‘appropriate authority’ is ordinarily the Secretary of State, subject to the following exception:
the Scottish Ministers are the appropriate authority for all generating stations in, or to be constructed in, Scotland (where the PA 2008 regime does not...
...
Energy
PRACTICE NOTES
Electricity Act 1989 Schedule 4: street-opening powers and necessary wayleaves for electricity licence holders (England and Wales)
For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers detailed treatment of topics addressed in this Practice Note.
To establish any new connection—whether serving a generator, a dwelling, an office or an entire development—fresh network infrastructure must be constructed.
Because network operators recover installation capital over a prolonged period (by levying suppliers for network use), a primary concern is the security of the network asset—that is, the right for it to be installed in, and remain within, the land.
This typically combines statutory powers granted to licensed electricity distribution and transmission network operators with private rights, such as long leases and easements.
What are street-opening powers?
Section 10 and Schedule 4 of the Electricity Act 1989 (EA 1989) confer street-opening powers on licensed electricity generators, network operators, suppliers and interconnector operators (termed ‘licence holders’ in this Practice Note) to the extent set...
Energy
PRACTICE NOTES
Onshore Renewable Generating Stations: Planning, EIA, Pre‑application, PA 2008/NSIP and Electricity Act Consents in Great Britain
For additional practical guidance on key legal issues in the wind sector, see also the textbook: Wind: Projects and Transactions.
What is a 'generating station'?
There are several different statutory definitions of a ‘generating station’ depending on context; however, for planning purposes the term will generally be accorded its plain or ordinary meaning, with the proviso that section 235 of the Planning Act 2008 (PA 2008) imports the inclusive definition in section 64 of the Electricity Act 1989 (EA 1989) for all purposes other than Part 11. In all other parts, for a generating station wholly or mainly driven by water, ‘generating station’ includes every structure and work for holding or channelling water for a purpose directly connected to the generation of electricity by that station.
Planning permission for generating stations at or under 50 megawatts (MW)
Onshore power station applications at or below 50 MW (or in Wales, at or below 350 MW) and English or Welsh onshore wind generating stations are determined by the local planning authority (LPA) under the normal planning regime (ie Town and Country Planning Act 1990 (TCPA 1990) and Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997))...
Energy
PRACTICE NOTES
Renewables Obligation (RO) in England and Wales: accreditation, ROCs, supplier obligations and buy-out, banding, support duration, closure/grace periods, mutualisation and enforcement, co-location with storage and hydrogen
What is the Renewables Obligation scheme?
The renewables obligation (RO) was designed to stimulate investment in renewable generation. It came into force in Great Britain in 2002, and in Northern Ireland in 2005. Under the scheme, electricity suppliers serving customers had to procure an ever-rising share of their wholesale power from renewable sources. Subject to certain exceptions, RO accreditation ended on 31 March 2015 for new solar PV and onshore wind projects, and from 1 April 2017 for all other new types of electricity generation. For more on this, see: Closure of the RO to new generation and grace periods below.
The Secretary of State (SoS) for Energy, Security and Net Zero, who leads the Department for Energy Security and Net Zero (DESNZ), determines the obligation in line with the Renewables Obligation Order 2015 (RO Order 2015) SI 2015/1974, arts 7–13B. These determinations set a number of megawatt hours (MWh) of renewable output that suppliers must buy for each MWh of electricity, from any source, delivered to customers in England and Wales. DESNZ was established on 7 February 2023 and has taken over the energy portfolio of the...
Energy
PRACTICE NOTES
RO accreditation: eligibility and Ofgem process, preliminary vs full accreditation, commissioning standards, generating station scope, ROC issuance, and scheme closure with grace periods (archived)
ARCHIVED: This Practice Note has been archived and is not maintained
Why do generators needed to be accredited?
The Renewables Obligation (RO) channels investment into renewable generation by requiring customer-facing electricity suppliers—who buy electricity directly or indirectly from generators—to procure a rising share of their wholesale supply from renewable sources. The level required is determined by the Secretary of State (SoS) for Business, Energy and Industrial Strategy (BEIS). Suppliers prove their renewable purchases by submitting Renewable Obligation Certificates (ROCs) to the Office of Gas and Electricity Markets (Ofgem). Electricity suppliers must evidence their acquisitions of renewable power through the lodgement of ROCs with Ofgem. Fresh ROCs are granted only to accredited renewable generators, encouraging suppliers to acquire electricity (and the separately priced, accompanying ROCs) from renewable projects, thereby affording those projects a measure of financial support. In turn, projects benefit from support via income from both electricity and separately priced ROCs. The RO is principally set out in the Renewables Obligation Order 2015, SI 2015/1947 (RO Order 2015), as amended by the Renewables Obligation (Amendment) (EU Exit) Regulations 2019, SI 2019/35. On 31 March 2017, the RO closed to new generation...
Energy
PRACTICE NOTES
RO sustainability: GHG and land criteria for solid and gaseous biomass and bioliquids, with Ofgem reporting/audit and May 2025 guidance updates (Great Britain)
How are the sustainability criteria relevant to the RO?
The Renewables Obligation (RO) was created to drive investment in renewable power projects. It achieved this by requiring retail electricity suppliers — who buy electricity directly or through intermediaries from generators — to obtain a rising share of their wholesale supply from renewable sources. The proportion to be met is determined by the Secretary of State (SoS) for Energy Security and Net Zero (ESNZ), which assumed responsibility for the UK’s energy policy from the former Department for Business, Energy and Industrial Strategy (BEIS) on 7 February 2023.
Suppliers demonstrate compliance by submitting Renewable Obligation Certificates (ROCs) to the Office of Gas and Electricity Markets (Ofgem), evidencing purchases of renewable electricity. To receive ROCs, generators must be accredited under the RO as producing electricity from renewable sources. Prior to full accreditation, certain baseline eligibility conditions had to be satisfied, alongside additional obligations for plant using solid or gaseous biomass, and for bioliquids. These requirements are commonly referred to as the “sustainability criteria”, though in practice they comprise two distinct elements: the greenhouse gas criteria and the land criteria...
Energy
PRACTICE NOTES
Third party access to exempt private electricity networks in Great Britain: procedures, reinforcement, Ofgem determinations, charges and connection duties under Electricity Act 1989 Schedule 2ZA
What is the background to third party access to private electricity networks?
Over time, successive UK measures and, before the UK’s withdrawal from the EU (see: Brexit: Energy—overview), European legislation have driven the unbundling of electricity retail from the ownership and operation of monopoly networks. Users connected to networks exempt from these duties did not share meaningfully in the uplift in retail competition. So‑called ‘private wires’ sit within many types of estate—from industrial parks and hospitals to university campuses and airports—and also arise in certain new‑build energy or multi‑utility services company arrangements and models. In Citiworks AG v Sächsisches Staatsministerium für Wirtschaft und Arbeit als Landesregulierungsbehörde, the Court of Justice of the European Union (formerly the European Court of Justice) voiced concerns about the impact of such exemptions on the integration of European energy markets and decided that customers must be able to access alternative energy supplies. The stance was later clarified and reinforced in the EU’s Third Package of internal electricity market measures in Directive 2009/72/EC (the Electricity Directive). For further background and context on the EU electricity market, see Practice Notes: EU electricity system—structure and legal framework and EU electricity system—wholesale markets...
Energy
PRACTICE NOTES
Transition from Renewables Obligation to Contracts for Difference: Great Britain closure timetable, scheme choice and limited dual-support routes (archived)
ARCHIVED: This Practice Note has been archived and is not maintained.
How are contracts for difference (CfD) and the renewables obligation (RO) connected?
The renewables obligation (RO) is designed to stimulate investment in renewable generation. It achieves this by placing a duty on customer-facing electricity suppliers—who obtain electricity from generators, whether directly or indirectly—to procure an ever-increasing share of their wholesale supply from renewable sources. The Secretary of State (SoS) for Business, Energy and Industrial Strategy (BEIS) determines the proportion required each period.
Suppliers prove compliance by submitting renewable obligation certificates (ROCs) to the Office of Gas and Electricity Markets (Ofgem). New ROCs are issued solely to accredited renewable generators, encouraging suppliers to purchase renewable output (together with separately priced ROCs) from such projects, thereby delivering a degree of financial support to those developments. For further details, see Practice Note: Renewables Obligation (RO)—accreditation of renewable electricity generators [Archived].
On 31 March 2017, the RO closed to most categories of new generation. The RO will continue to provide support to generators that were accredited before its...
Energy
PRACTICE NOTES
UK fossil-fuel electricity generation: EPS, coal phase-out, environmental permitting, CCUS obligations, and carbon pricing (UK ETS, carbon price support, EU ETS/CBAM) in the post-Brexit legal framework
Brexit impact
As at 31 January 2020 (exit day), the UK ceased to be an EU Member State, yet it moved into an implementation phase during which the EU continued to treat it as a Member State for many purposes, for that interim period in particular. Precisely at 11 pm (GMT) on 31 December 2020 the Brexit transition/implementation period, established following the UK’s departure from the EU, came to a close. At that moment (termed in UK legislation as ‘IP completion day’), key transitional measures expired and substantial changes started to apply across the UK’s legal framework. Any amendments relevant to this content will be detailed below. On 24 December 2020, the European Commission and the UK government jointly declared agreement in principle on the legal terms governing the future UK‑EU relationship. Announced only a week ahead of IP completion day, the EU‑UK Trade and Co‑operation Agreement (TCA), together with related agreements, arrived at the last minute, indeed, leaving minimal time to establish the legal and practical mechanisms needed in order to render the deal fully operational. The agreement was executed on 30 December 2020 and endorsed by the UK Parliament (alongside implementing legislation). Owing to the time pressure, the...
Energy
PRECEDENTS
Long-form Fuel Supply Agreement for Power Plant: Quantity Bands, Delivery, Rejection, Pricing, Liability Cap, Termination and Force Majeure (English law)
Date of Agreement
______________________________20[ XX ]
Parties
[ INSERT ], a company formed in [ INSERT ] (registration number [ INSERT ]) with its registered office at [ INSERT ] ( Purchaser ); and
[ INSERT ], a company formed in [ INSERT ] (registration number [ INSERT ]) with its registered office at [ INSERT ] ( Supplier ).
Background
(A) The Purchaser is involved in the generation of energy at the Site...
Energy
PRECEDENTS
Precedent private wire power purchase agreement (PPA) under Electricity Act 1989 licence exemption (English law)
This Agreement is entered into on [ date ]
Parties
[ name of the Company ] [ of [ address ] OR incorporated in England and Wales under Company registration number [ number ], whose registered office is at [ address ] ] (Purchaser)
[ name of the Company ] [ of [ address ] OR incorporated in England and Wales under Company registration number [ number ], whose registered office is at [ address ] ] (Generator)
Background
The Generator owns and operates the Facility.
The Purchaser intends to purchase, and the Generator intends to sell, the electricity to be produced by the Facility in line with the terms of this Agreement...
Energy
PRECEDENTS
Private Wire Electricity Connection Agreement (England and Wales): Precedent reflecting Ofgem TM04+ reforms; capacity, metering, de-energisation/disconnection, access and property rights, liability and termination
Date of Agreement
_____________________________________ 20[ XX ]
Parties
[ name of company ], a company duly incorporated in [ insert jurisdiction ] (registered number [ insert co. number ]) with its registered office at [ insert address ] ( Company ); and
[ name of company ], a company duly incorporated in [ insert jurisdiction ] (registered number [ insert co. number ]) with its registered office at [ insert address ] ( Customer ).
Background
The Customer owns and operates the Customer’s Installation.
The Company owns and operates the Distribution System.
The Customer intends to export electricity produced by the Customer’s Installation to the Company’s Distribution System.
[ The Parties intend to enter into a contract on or about the date of this Agreement, under which electricity generated by the Customer’s Installation shall be supplied by the Customer to the Company (‘ Power Supply Agreement ’).
In consideration of the Parties entering into the Power Supply Agreement, the Company shall permit electricity generated by the Customer’s Installation to be exported to the Distribution System in accordance with the terms of this Agreement.
...
Energy
CHECKLISTS
Power purchase agreements with licensed suppliers: a practitioners’ checklist on term, pricing, volumes, renewable/embedded benefits, exclusivity, commissioning, metering, termination, guarantees and assignment
Power purchase agreements (PPAs), and the consequent checklist considerations, will differ according to several elements, such as the generation technology adopted and, notably, whether any feedstock or fuel is necessary to run the finished plant. The nature of the deal—be it a short-term trading arrangement or a longer-term contract required to support financing—will likewise be influential. This Checklist proceeds on the basis of a ‘conventional’ PPA with a licensed supplier as the counterparty. Other forms exist, including corporate PPAs where the buyer is an end user, potentially linked to the plant by a private wire. For additional detail on corporate PPAs, see Practice Note: Corporate Power Purchase Agreements—an introduction to structuring power purchase arrangements between large energy users and remotely located generators.
What is/check the duration of the agreement?
Where a PPA is needed to underpin external financing for a new generating asset, the PPA term should, as far as practicable, ideally align with the tenor of any loans advanced to fund the scheme and the associated project finance security package...
Energy
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