Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“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.”

RWE

Access all documents on New Build Utilities

New Build Utilities meaning

Published by a LexisNexis Energy expert
What does New Build Utilities mean?
In legal practice, “New Build Utilities” describes companies that develop, own and operate new nuclear power stations in Great Britain, typically through project SPVs. It is a descriptive industry term rather than a defined legal term, but it is used across project, regulatory, financing and planning documents. These entities usually hold or seek: a nuclear site licence (from the Office for Nuclear Regulation), environmental permits (Environment Agency/Natural Resources Wales), a generation licence (Ofgem) and a Development Consent Order under the Planning Act 2008. Financing frameworks have included Contracts for Difference (Hinkley Point C) and the Regulated Asset Base model under the Nuclear Energy (Financing) Act 2022 (Sizewell C). They enter into EPC and O&M contracts, decommissioning and waste arrangements, and power offtake or revenue support documentation. Current examples include EDF’s NNB Generation Company entities for Hinkley Point C (under construction, c.3.2 GW) and the Sizewell C Company (in development). horizon nuclear power’s Wylfa/Oldbury projects and NuGeneration’s Moorside project are no longer progressing under those entities. Great British Nuclear is leading programmes to select SMR vendors and catalyse future projects. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, but new nuclear build is opposed by Scottish Government policy...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about New Build Utilities

PRACTICE NOTES
Concession contracts: overview, Procurement Act 2023 changes, BOT and PFI/PF2, and practitioner resources

A concession is a form of public private partnership (PPP) A concession constitutes a type of public–private partnership. It is a long-term contractual arrangement between a government (or another public sector body) and a private sector operator that has been granted the concession. See Practice Note: Forms of Public Private Partnerships. For the purposes of this note, references to “public authority” include contracting authorities and utilities within the meaning of the relevant procurement legislation. Under a concession agreement, the state grants a private entity—the concessionaire—exclusive rights to create an asset and to run and maintain it for the agreed concession term. At times, a concession relates only to the operation and maintenance of an existing asset, though it is frequently for delivering a new asset, followed by its operation and upkeep. Alternatively, it may encompass both new and existing assets. The duration of a concession is typically 25–30 years. Concessions, in effect, shift the (often substantial) responsibility for building, or for improving and maintaining, infrastructure to the private sector...

Read More Right Arrow
PRACTICE NOTES
Public and private sewers: connections (s106), SuDS and Building Regulations Part H, adoption (s104), build-over agreements, and diversions (s185) (England and Wales)

Introduction In simple terms, a drain serves a single premises, while a sewer serves multiple properties. In the context of development, there are two distinct drainage systems to consider: Foul water: pipework that removes used foul water from buildings. Above ground this is known as sanitary pipework; below ground the pipes are called foul drains and foul sewers. Surface water: arrangements that convey rainwater from hard surfaces. The below-ground conduits are termed surface water drains and surface water sewers. Public sewers are in the ownership of the sewerage undertaker. Private sewers—now relatively rare due to legislative change—belong to the properties they serve. Any building operations on or near a sewer require the owner’s approval. Constructing over, or within 3 metres of, a public sewer demands written consent from the relevant sewerage undertaker. A sewer may need to be diverted, relocated, or appropriately safeguarded. A key feature of any new surface water strategy will be the incorporation of sustainable drainage systems...

Read More Right Arrow