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In this issue: Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Conventional power, waste to energy, biomass, and CHP projects Nuclear energy Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials Friends of the Earth has won a pivotal High Court judgment against the government, with the court ruling that the climate strategy advanced by the Secretary of State for Energy Security and Net Zero is unlawful. The court determined that adopting the Carbon Budget Delivery Plan contravened the Climate Change Act 2008. See: LNB News 03/05/2024 70. Electricity and gas market regulation and licensing Ofgem has released its conclusions on the consultation regarding updates to the licence fee cost recovery principles (LFCRP) and issued the LFCRP for May 2024. After reviewing consultees’ submissions, Ofgem confirmed it...
In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Hydrogen, CCUS and emerging technologies Energy disputes Air emissions, efficiency, and climate change International energy LexTalk®Energy: a Lexis®Nexis community New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Electricity and gas market regulation and licensing DESNZ confirms enduring governance for Smart Secure Electricity Systems DESNZ has issued its response to the 2025 consultation on enduring governance for the Smart Secure Electricity Systems (SSES) Programme, confirming that Elexon, through the Balancing and Settlement Code (BSC), will establish new Technical and Security Governance Groups to guide the technical and security frameworks that enable consumer-led flexibility. Using powers in section 245 of the Energy Act 2023, the government will amend the BSC so Elexon can run these groups as BSC Panel sub-committees and...
In this issue Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Conventional power, waste to energy, biomass, and CHP projects Nuclear energy International energy LexTalk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials National Grid has unveiled a strategic tie-up between its Distribution System Operator (DSO) and Electron to boost the scale and value of flexibility for system operators and flexibility service providers (FSPs) by enabling market interoperability. Electron will link its flexibility market platform, ElectronConnect, with the DSO’s Market Gateway, giving FSPs wider choice in how they access and engage with flexibility on the electricity distribution network. The collaboration also aims to reduce entry hurdles and drive broader market participation. See: LNB News 02/05/2024 7. Electricity and gas market regulation and licensing Ofgem has opened a consultation...
Brexit impact From 31 January 2020 (exit day), the UK left the EU as a Member State but moved into an implementation phase, during which the EU continued to treat the UK as if it were still a Member State for many purposes. At 11 pm (GMT) on 31 December 2020, that Brexit transition/implementation period, established after the UK’s departure from the EU, came to a close. At this moment—known in UK legislation as ‘IP completion day’—core transitional measures ended and changes started to apply across the UK’s legal framework. From that date, changes began to take effect across the UK’s legal regime. Any alterations pertinent to this content are outlined below. On IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) established a new category of domestic UK law—retained EU law (REUL)—consisting of EU-derived rights and legislation that were preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) received Royal Assent. REUL(RR)A 2023 revises...
What is combined heat and power? Combined Heat and Power (CHP) is a method of supplying both heat and electricity to a building or industrial operation. It delivers heat and power at the same time from a single process. Although systems have commonly been gas-fired, this need not always be the case. In a conventional setup, fuel is burned to generate heat that is circulated through a building. Separately, electricity is produced at a power station, typically by burning fuel to create steam that drives turbines. The excess heat from electricity generation is usually rejected, squandering useful energy. CHP instead uses fuel (often gas) to produce electricity while capturing the associated waste heat to warm a building or support a process. The electricity can be consumed on site or exported to the grid. There are practical considerations: CHP units can be louder than standard boilers, and exhaust emissions must be managed so they stay within acceptable limits. The upfront cost is also higher than for a...
For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers an in-depth treatment of matters addressed in this Practice Note. Introduction to the Smart Export Guarantee This Practice Note sets out a detailed account of the ‘Smart Export Guarantee’, a regulated scheme giving owners of small-scale, low-carbon installations in Great Britain a guaranteed contract to sell surplus electricity they produce. It considers, among other points, power purchase terms under the Smart Export Guarantee, the part played by electricity suppliers within the mechanism, and the categories of technology that can participate. The Smart Export Guarantee took effect on 1 January 2020. The proposal first emerged during consultations that announced the confirmed closure (for new installations) of the small-scale Feed-in Tariff (FiT) from 1 April 2019. This is because a key outcome of ending the FiT is the cessation of...
For additional hands-on guidance on funding energy, power and resources projects across varied sectors, including those covered in this Precedent, consult the textbook: Energy and Resources Financing: A Practical Handbook. PROJECT DETAILS PROJECT NAME: [ insert name of project ] CLIENT: [ insert name of client ] [ Insert name of firm ] PROJECT LEAD: [ insert name of client/lead partner ] PROJECT PARTIES Account Bank(s): [ insert name of Account Bank ] (Company registration no. [ insert number ]), having its registered office at [ insert registered office of Account Bank ] Agent: [ insert name of Agent ] (Company registration no. [ insert number ]), with its registered office at [ insert registered office of Agent ] Architect: [ insert name of Architect ] (Company registration no. [ insert number ]), with its registered office at [ insert registered office of Architect ] Arrangers: [ insert name of Arrangers ] (Company registration...