Renewable & Green Energy

The 2010s was a decade of significant change in the way in which electricity was generated throughout the world. During the course of the decade there was a boom in the amount of renewable and low carbon generation assets that commenced generating electricity. With countries bringing in ever more ambitious net-zero carbon targets Fladgate expect that electricity will increasingly be sourced from renewable and low carbon generation assets although it will be interesting to see what impact if any Covid-19 and the recent collapse in oil prices has if it continues has on this trend.

In the 2020s, the combined factors of decarbonisation, digitalisation and decentralisation are likely to continue to drive forward the green energy revolution and create the opportunity for innovation within the sector. If oil prices stay at historically low levels further innovation may be required to drive the decarbonisation agenda. With the increased reliance on renewable and low carbon energy it is likely that technology which harnesses data will be utilised to assist in delivering efficiencies in the distribution, supply and consumption of electricity.

In conjunction with the decarbonisation of electricity, the 2020s will see the decarbonisation of a significant proportion of the transportation sector. In the United Kingdom, the government has highlighted the importance of delivering an electric vehicle charging infrastructure which facilitates the adoption of electric vehicles by the general public. The UK government’s Charging Infrastructure Investment Fund managed by Zouk Capital and other private sector operators have begun the process of putting in place the infrastructure needed to accommodate the exponential growth in electric vehicles on our roads.

Fladgate’s Green Energy Group is a cross-departmental team that brings together lawyers with expertise and experience across the renewable and low carbon energy, greentech and electric vehicle infrastructure sectors. Fladgate’s Green Energy Group through its combination of sector focus and legal expertise is ideally suited to advising and assisting business with legal issues arising in connection with:

  • Renewable and low carbon energy generation assets (such as wind and solar farms, energy from waste and biomass)
  • Battery storage
  • Electric vehicle infrastructure
  • Greentech

The Green Energy Group has specialists across the firm who are able to advise and assist you with the full range of legal issues that are relevant to a business operating in the green sector including the following:

  • Planning
  • Land options, leases and easements
  • Grid connection
  • PPA, O&M and EPC agreements
  • Commercial contracts and intellectual property
  • Debt funding agreements
  • Joint venture, shareholder and investment agreements
  • Acquisitions and disposals

If you have any questions or queries please call Sam on +44 (0)20 3036 7351 or email stye@fladgate.com

“The Renewable & Green Energy Group focuses on the renewable energy (including solar and wind), battery storage, electric vehicle infrastructure sectors and related greentech.”

 

“Sam is a pragmatic and trusted legal adviser who has an eye for detail while also seeing the bigger picture. I would not hesitate to use Sam on corporate matters knowing that he is quick and effective in getting the job done to a high standard”. General Counsel, UK Infrastructure Fund Manager

  • Acting for Zurich based Hitachi Zosen Inova AG on over 20 matters, with a combined contract value of over £3bn, including:
    • a contract to construct a new 34 megawatt energy recovery facility in South Gloucestershire, as part of a public private partnership (PPP) contract between the West London Waste Authority and a consortium led by SITA UK (overall project value £244m);
    • a contract with Ferrybridge MFE Ltd to develop a £300m multifuel generation facility at the Ferrybridge power station in West Yorkshire;
    • a CHF200m contract with SITA UK for a new energy-from-waste plant developed for the South Tyne and Wear Waste Management Partnership as part of a PFI deal; and
    • an agreement with Riverside Resource Recovery Ltd for the building of an energy-from-waste plant in Belvedere, London, one of the largest energy-from-waste plants in the UK.
  • Acting for the Government of Albania in respect of:
    • a Euro 150m arbitration claims arising from a failed Build-Operate-Transfer concession agreement for the development of a hydroelectric power plant on the Vjosa River in Albania. Parallel arbitration claims were brought in ICC Paris arbitration, and under the Italian/Albanian bi-lateral investment treaty in ICSID arbitration; and
    • a Euro1 billion dispute in ICSID arbitration for claims brought under the Energy Charter Multi-lateral Investment Treaty arising from the failed Build-Operate-Transfer concession agreement for the development of a waste-to-energy plant in the Kashar region of Albania.
  • Advised on the acquisition of a number of renewable energy projects for funds managed by Equitix Investment Management Limited including:
    • the acquisition of UK Green Investment Bank Limited’s entire holding of shares and loan notes in the Speyside biomass power plant;
    • the acquisition of the Wern Ddu and Kessingland wind farms;
    • the acquisition of 50% of the shares and loan notes in the Pant Y Wal extension wind farm; and
    • the acquisition of UK Green Investment Bank Limited’s entire holding of shares and loan notes in the Cramlington biomass power plant.
  • Advised Zouk Capital on:
    • a £30m investment into Green Hedge UK a developer and operator of low carbon electricity generation and storage projects; and
    • a £12 million investment into InstaVolt Limited. Instavolt provides electric vehicle rapid charging infrastructure in the UK
  • Advised the John Laing Group on the sale of its entire interest in the Manchester Waste TPS Co waste to energy project to Viridor Waste Management Limited.
  • Advised Genesis Energy Ltd, its partners and Locogen Ltd and other project specific investors on the sale of project companies owning numerous wind turbines to funds managed by Alpha Real Capital and Sovereign Partners.
  • Advising Lakehouse Contracts on contracts for the installation, operation and maintenance of PV panels on approximately 2,000 social housing council owned properties to benefit from the FiT Scheme. The projects were structured on a “no cost” basis for the London Borough Councils.
  • Advised General Electricity Holdings Ltd on the sale of its majority interest in Kiwi Power Battery Limited (a company which owns a 6MW battery storage system and has a contract with National Grid relating to the provision of an enhanced frequency response service) to leading Japanese technology fund Nippon Koei Co Ltd.
  • Advising on supply and construction contracts for an off-shore wind farm in North Wales, for Innogy.
  • Advised Vertal Limited on the equity fundraising by Foresight Group of a waste treatment plant.
  • Advised Crouchland Biogas Limited on commercial arrangements with SGN Commercial Services relating to the construction and operation of an anaerobic digestion plant for supplying environmentally friendly green gas for injection into the SGN network.
  • Advised NGFP 3 Limited on the acquisition and financing of a portfolio of battery storage and electricity generation projects, with a contact value of approximately £32m.
  • Advising Prysmian Cables & Systems / Powerlink in relation to:
    • onshore and offshore works as part of the flagship 576MW Gwynt-Y-Mor offshore wind farm project – one of the largest offshore windfarms currently constructed.
    • offshore cabling works in relation to the Global tech 1 offshore wind farm in the German exclusive economic zone of the German North Sea.
    • cabling works to support multiple renewable generation projects in and around the Hunterston area.

 

  • Advised BTS Biogas Srl/GmbH on various matters, including:
    • the £1.6m EPC contract for a 3,500 MWh p.a. biomethane injection anaerobic digestion plant at the Mapledurham Estate for a subsidiary of the Foresight Group, plus the associated 10 year maintenance contract;
    • an anaerobic digestion plant in South Milford, South Yorkshire, including acting for the contractor in relation to the EPC (engineer procure and construct) contract for the above and associated documentation including the maintenance contract and subcontracts; and
    • issues related to Renewable Heat Incentive deadlines, performance guarantees and liquidated damages.
  • Advising Continental Construction Corp on the EPC and operating contracts for the proposed construction of a 700MW hydro power project at Khudoni in Georgia.
  • Advising Bluewater Bio International, a provider of innovative high-performance and highly cost-effective water and wastewater treatment technologies, on various matters including:
    • a £22.5m equity financing round, led by specialist cleantech investors Ombu Group and Hermes GPE Environmental Innovation Fund LP;
    • a US$8m investment by private equity firm Liberation Capital through a revolving convertible debt facility with project co-investment rights;
    • the raising of £4m from Ecofin Water & Power Opportunities Plc (a utilities, energy and environmental firm) and Aqua Resources Fund Limited (a close-ended investment scheme managed by FourWinds Capital Management Limited) to enable Bluewater Bio to consider strategic acquisitions and further accelerate the international roll out of its technology;
    • the raising of £2m through a placing of ordinary shares; and
    • the company’s admission to the AIM market in December 2007 when it raised £2.7m in a placing and had a market capitalisation of £26.9m.