“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”
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Scope This Practice Note reviews the technical, environmental and economic aspects of biomass heating. For information on biomass combined heat and power, see Practice Note: Combined heat and power—technology. What is biomass heating? Biomass heating involves burning organic, non-fossil materials to produce heat. In principle, a range of fuels can be used, including: animal dung domestic and industrial waste biodiesel wood Biomass heating is viewed as very low carbon and forms a significant element of the UK’s plans to reduce carbon emissions. This note concentrates on technologies at commercial scale commonly adopted in the UK that use biomass as wood chips or pellets, although much of the detail is also relevant to domestic situations. Wood chips and pellets are two prevalent biomass fuels. Wood pellets are produced from sawdust, compressed into short cylinders, and offer greater uniformity than wood chips. Pellets are denser, more compact and simpler to manage. A further key advantage is their higher energy...
A clear grasp of the spectrum of risks confronting nuclear projects is essential not just for the project company (and its investors) but also for other principal stakeholders in the civil nuclear sector, such as lenders and government. This Practice Note summarises, at a high level, the following themes relating to nuclear projects and their risk profile: development phase risks operational phase risks specific concerns for lenders the role played by government, and practical guidance for negotiating risk allocation between stakeholders For additional hands-on guidance on financing energy, power and resources projects across various sectors, including those addressed in this Practice Note, see the textbook: Energy and Resources Financing: A Practical Handbook. What are the key development phase risks in nuclear energy projects? Nuclear projects encounter several risks during development, such as: High up-front costs Nuclear ventures involve exceptionally high up-front capital expenditure (CAPEX). The magnitude of the funding need frequently means investors are reluctant...
Reviewing technical reports If a buyer has secured a technical environmental report during due diligence (or the seller has placed one in the data room), it must be analysed and converted into clear, practical guidance for the client on potential liabilities, along with proposals to mitigate the risks. Key matters for lawyers to assess include: whether the report presents clear evidence of environment health and safety (EHS) non-compliance, capex needs, or possible liabilities; whether an independent environmental consultant should be engaged to review and challenge the report’s conclusions; whether a conference call or meeting between the two environmental consultants (with clients and lawyers) would help resolve areas of concern; whether further investigations or enquiries are necessary and, if so, the associated timing and cost implications; which options are most practical to address the issues—specific warranties, an environmental indemnity, a rectification deed, a price adjustment, an escrow account, or environmental insurance. See Practice Note: Environmental consultants—instructing consultants to peer review...