Renewables Task Force One stop legal support for your renewable energy challenges

Go further

Contents Part one: introduction Introducing the Renewables Task Force

3

Scoping, feasibility, procurement and planning

4

Corporate, finance and insurance

5

Real estate issues

6

Commissioning, grid connection and construction

7

Commercial, operation and maintenance

8

Regulation and incentivisation

9

Part two: our experience by sector Solar power

10

Wind power

12

Biomass and waste

14

Combined heat and power (CHP), and the Renewable Heat Incentive

16

Leading our Renewables Task Force

17

Legal support for your entire project

18

2

Part one: introduction Introducing the Renewables Task Force The Renewables Task Force is DWF’s team of more than 50 legal experts who specialise in meeting the needs of clients with renewable energy challenges. The renewable energy sector is changing rapidly, from funding and legislation through to technology and supply chain. With these changes come new legal requirements and exposure to risk, so it’s vital that you are advised by the sector specialists. We can connect you with the best legal expertise, from feasibility to the disposal of a completed project: consenting, procurement, financing, commissioning, generation, transmission, distribution, storage and supply of energy from renewable sources. This includes: • Wind • Solar PV/Solar thermal • Hydropower

DWF’s team of experts have worked on energy projects and their financing for many years across the UK and overseas, giving us real experience in all aspects of the evolving renewables sector. We focus on developing long-term relationships with clients and gaining a thorough understanding of their needs, objectives and operating environments. This ensures our support and advice is pro-active, reducing our clients’ exposure to both legal and commercial risk. Some of our clients in the renewables industry include ScottishPower, Partnerships for Renewables, Infinergy and Burcote Wind, Power-Gen, Santander, E.ON Climate & Renewables UK Development Ltd, The Highland Council, E.ON and EDF Energy.

• Renewable heat, including biomass • Waste disposal and recycling • Combined heat and power plants • Energy from waste • Anaerobic digestion

“…continues to impress with the strength of its renewables offering. Its solicitors are referred to as “excellent specialists who are very methodical and commercially aware,” and who have handled a number of complex matters for the likes of ScottishPower, British Gas and Siemens.” Energy & Natural Resources Chambers 2013

www.dwf.co.uk

3

Scoping, feasibility, procurement and planning Proper planning is essential for any renewables projects. At DWF, we believe early involvement and a sound understanding of all the issues are fundamental if each team member is to provide a considered contribution to the success of the project as a whole. A comprehensive scoping and site assessment process is needed in order to lower development risks, costs and increase long term profitability. Investment of public money in a private undertaking may be state aid and may be key to making a renewables project viable. Naturally, public bodies and their private sector providers are keen to make sure that their investments are lawful. We are experts in this field. Feasibility and planning issues include undertaking due diligence on potential sites, and providing assistance on complex planning issues. Scoping will have highlighted the potential for the specific project, but a developer will have to carry out more site specific assessments and surveys in order to satisfy the planning authorities and statutory consultees.

We can support you with the proper legal advice needed at the outset of a project in the following areas: • European Union (EU) procurement rules and the “land transaction” exemption • UK-wide (European Commission approved) state aid • Introductions to known landowners where sites are identified during feasibility studies • Planning applications and supporting documents, including those developed specifically to overcome likely hurdles • Securing permissions and related consents, including advice on environmental compliance • Drafting and vetting applications and submissions, including “hostile review” of supporting materials such as environmental statements • The application of permitted development rights in relation to micro-generation, particularly with regard to conservation areas and other locations subject to planning control • Public inquiries into applications for planning permission relating to renewable energy schemes, and related compulsory purchase orders and associated compensation

“Understanding the issues is key to the success of any renewables project”

• Drafting documents for, or objections to, planning applications • Advising on judicial procedures for challenges to consents • Preparation for stakeholder meetings, at public inquiries and before planning committees • Enforcement issues

4

Corporate, finance and insurance Whether you need to set up the correct form of company entity or conduct the ultimate sale of your commissioned project, corporate, financial and insurance issues will be key to the success of your project. A critical part of many renewables projects is the driving down of the cost of installation per megawatt. The key to this is the securing of funding and there are a number of viable models supported by government measures.

Negotiating the security package will include requirements for guarantees, bonds, debentures, charges and letters of credit.

Off balance sheet funding has often been successful, but could be considered inappropriate for larger scale investment such as offshore wind. Some deals of this nature have proved successful due to inward investment from overseas, and it is anticipated that this will become more frequent.

• Delivery structures including joint ventures, partnering arrangements and mutuals

In the past, project finance has been sourced from both UK and overseas banks; either way, revenue streams need to be interrogated and proper due diligence carried out. Issues such as expected yields, construction risks, technological changes, outstanding planning issues and delivery times are all relevant considerations. Often, the project finance may be linked to funding from the developer itself. Invariably, the length of time over which the funding is arranged is linked to the length of the power purchase agreement with the buyers. The key is predictability of the revenue stream.

The specific issues in relation to renewable projects are:

• Finance including structured, project, property and asset based finance solutions • Regulated activities including those falling within the Consumer Credit Act and Financial Services and Markets Act • Consideration of the structure for future acquisitions and disposals, and how the sale and purchase of minority and majority interests will be carried out, including novation of licences and agreements, and obtaining relevant consents to the transaction As part of the preparation for any major renewable project, we know that insurance is a key consideration – namely, the need to protect your investment by minimising risk. The key risk in renewable energy products are Delay in Start Ups (DSU) and Business Interruption (BI). This is particularly so in offshore wind mainly because of vessel availability which causes delayboth in construction and the operational phase.

www.dwf.co.uk

5

Real estate issues Real estate issues in renewables projects can typically range from site acquisition and negotiating options and leases in relation to solar parks, to the grant of wayleaves and deeds of easement covering the installation of cables (both underground and overhead) over land for the distribution of electricity. In today’s economic climate, managing a property portfolio to maximise energy efficiency is an important commercial and financial consideration. For those in the public and third sectors there are additional social drivers including combating fuel poverty and promoting opportunities for the local workforce. In the public and private sector real estate and facilities management sectors, issues may include consideration of asset rationalisation, retrofit, renewables installations, energy performance contracting and the Green Deal.

Regular issues encountered by our clients include strategic land acquisitions and disposals by options, and leasing structures for wind and solar farm projects, coalbed methane and shale gas projects, energy from waste facilities, anaerobic-digestion and biomass plants. Real estate issues may cover areas as diverse as the purchase of land for development, to the conduct of significant rent review arbitrations.

In the case of landlords, tenants, manufacturers, contractors, funders, public sector or third sector organisations (including Registered Providers), the following will need to be considered: • Facilities management contracts and structures including retrofit • Operation and maintenance contracts • Energy performance contracting • Landlord and tenant (including in housing and social care) • Acquisitions, lettings and disposals • Public sector contracts • Housing law • Local government vires • Stamp duty land tax advice

6

“In today’s economic climate, managing a property portfolio to maximise energy efficiency is an important commercial and financial consideration.”

Commissioning, grid connection and construction Whether you are a contractor, developer, consultant or funder, renewables projects can involve a variety of construction risks, most notably those in the area of offshore wind. Smaller scale projects may often have the same risks as larger ones, especially when dealing with newer technologies. The commissioning process is key to making sure that all the equipment has been installed correctly and is complying with the performance criteria. In particular, offshore wind involves special attention to cable connections where damage can go unnoticed. Grid connections remain important across all renewables projects, especially as the reliance on renewables becomes greater. Whether dealing with lower voltages from solar or biomass, with alternate current (AC), or the planned high voltage direct current (HVDC) for the newer and anticipated large offshore projects, we have worked with many independent connections providers (ICPs) and independent distribution network operators (IDNOs) around the country in respect of contestable and non-contestable works. National Grid’s plan is for the full integration of the UK’s energy generation portfolio. When it comes to bringing the project in on time, within budget and in accordance with quality standards, there are a range of legal issues that need to be addressed. The key issues are always build, design and development, compliance, payment delays and any limits on liability:

• Negotiating Operations & Maintenance agreements • Project advice including EPC, Public Private Partnership (PPP), Building Schools for the Future (BSF) and the Private Finance Initiative (PFI) • Professional terms of engagement • Guarantees, sureties and bonds • Advising on joint venture and framework agreements and package contracts • Repowering in lieu of decommissioning in respect of wind projects • Providing bespoke warranty packages in favour of interested third parties, including funders and councils

• Procurement advice including compliance with the Public Procurement Regulations

• Advising on framework agreements and long term call off contracts

• Drafting development and construction contracts, including bespoke Engineering Procurement and Construction (EPC) contracts

• Alternative dispute resolution including mediation and expert determination

• Drafting mechanical, civil and process engineering contracts

“The key issues are always buildability, design and design development, compliance, payment delays and any limits on liability.”

www.dwf.co.uk

7

Commercial, operation and maintenance The commercial operation and maintenance of your renewables projects will need to be able to promote increased operating efficiency and less downtime. Operational parameters need to be analysed, from understanding how performance can be enhanced to improvements in health and safety. In such a dynamic market, having a strong understanding of the latest policy and regulatory changes is essential. DWF can help you in these key areas:

• Advising on feed-in tariffs, including contract terms and conditions in supply and off-take arrangements, and the levelisation mechanism

• Power networks

• Drafting contracts for Flexible Electricity Supply Agreements (allowing large customers to fix prices by reference to wholesale power markets) and an Electricity Market Tracker product

• Balancing services with National Grid’s Short Term Operating Reserve (STOR) process, and the practical aspects of STOR • Negotiating power purchase agreements and associated contracts covering the sale of power and associated benefits. This includes Renewables Obligation Certificates (ROCs), Levy Exemption Certificates (LECs), Renewable Energy Guarantee of Origin (REGO), and sharing arrangements for triad avoidance benefits • Licenses for UK Continental Shelf Blocks (UKCS) including renewal, extension and surrender of those licenses, and participation in applications for new licences • Joining and administering Unit Operating Agreements, including advice regarding budget processes, sole risk projects and major capital investment

• Reviewing and updating standard terms and conditions of sale and supply • Advising on commercial contracts relating to communitybased projects to help residents achieve better energy deals through smart clubs • Advising on contract terms and conditions in relation to supply and off-take arrangements • Documenting both the transmission and distribution electricity network across Scotland, including buying and leasing major substations and the grid connection leases to supply IDNOs • Negotiating electricity substation agreements

• Upstream operations, including helicopter and port services, drilling operations and rigs, equipment supply and rental, and subsea and topsides inspection services

“Keeping up with the latest policy and regulatory changes, is essential for clients operating in this sector.”

8

Regulation and incentivisation The renewable energy industry is heavily regulated, and it takes specialist technical knowledge and legal experience to provide effective representation. With the drive to ensure that the UK (and other parts of the European Union) produces more of its energy requirements from renewable and sustainable sources, while at the same time reducing energy consumption, successive governments have introduced financial incentives in relation to energy production and consumption.

The key considerations and issues that must be considered are:

Given the breadth and depth of these incentives, and their application to different technologies or sectors, you may find it difficult to identify and understand the opportunities that these incentives bring. Likewise, you may find it difficult to negotiate your way through the maze of environmental levies and taxes that exist.

• Introduction of a capacity mechanism

• Replacing the Renewables Obligation scheme with Contracts for Difference (CfD) • The Electricity Market Reform (EMR) presents both opportunities and challenges for those involved in the sector

• Implementing the carbon price floor, an adjustment to the Climate Change Levy (CCL) that aims to discourage investment in traditional fossil-fuelled generation • Emissions Performance Standard (EPS) for new fossil fuel power stations over 49MW • Bringing forward arrangements to achieve electricity demand reduction

www.dwf.co.uk

9

Part two: our experience by sector Solar power Our experience in supporting solar energy projects across the UK – the solar photovoltaic (PV) market in particular – is extensive and unmatched. This experience means that we are fully aware of the key issues, legislative changes and policy updates which affect the renewables sector. Our team covers the key areas of corporate, commercial, real estate, planning, construction, competition and finance, and comprises a number of partners and fee-earners within each discipline. We are also one of the only firms to have successfully completed a number of ‘free solar’ projects within the affordable housing sector. We have the resource and competence, based on genuine industry experience, to offer the highest levels of service to our clients. In addition to our extensive knowledge of the law as it applies to the solar sector, we have an in depth understanding of the commercial issues, objectives and practicalities affecting our clients. This means we are able to provide our clients with practical solutions to problems, as well as summarising the legal position.

10

Our track record We have acted on all project types within the solar sector including single residential ‘rent a roof’ leases, solar concession agreements relating to large affordable housing portfolios, commercial scale roof top installations, and large ground-mounted solar parks. We have helped to acquire land for these projects using a variety of means: by way of an option and lease for example, through to selling on large portfolios of leases via asset purchase agreements and share sales.

Our renewable sector experience includes: • Advising on scheme funding, including the terms of power purchase agreements to be entered into by the borrower

• Acting for social housing providers in the drafting and negotiation of Solar Concession Agreements

• Acting for banks in relation to loan facilities for a range of purposes including roof top lease portfolios on commercial premises, and for the purchase of SPVs with a mixed residential and commercial solar PV roof top lease portfolio

• Acting for solar developers in respect of the creation of legal documents required for the installation of free solar panels on social housing stock

• Advising mortgage lenders on whether solar roof top leases comply with CML, BSA guidance and minimum requirements • Undertaking due diligence for banks looking to lend money to solar companies involved in a residential “free solar” offering • Obtaining judicial review insurance on the acquisition of solar parks following the granting of planning permission

• Liaising with mortgage lenders with regards to securing their consent to “free solar” schemes • Commercial advice on issues such as CESP funding, pre-payment meters and tenant consents • Advice and assistance on EU regulations and competition legislation, including anti-dumping issues and lobbying

• Acting for the mortgagee on a free solar scheme in the affordable housing sector, relating to a portfolio of properties over which the mortgagee had security

“We are fully aware of the key issues, legislative changes and policy updates which affect the renewables sector.”

www.dwf.co.uk

11

Wind power Wind power is a proven technology, and is recognised in many countries as an essential part of the energy supply mix to reduce carbon emissions and improve energy security; however, it is often surrounded by controversy and misinformation. For many businesses, wind energy represents a significant opportunity, but it also involves many challenges due to being in the public eye. Awareness and familiarisation with the practical issues, and understanding the legal framework and sector obligations, are imperative. The wind power industry is heavily regulated, and it takes a significant amount of technical knowledge and legal experience to provide effective representation. We have an in-depth understanding of specific issues, laws and regulations at an international and domestic level for new wind farms. All signs point to continued and sustained growth in wind power projects in the UK and overseas. Our team covers Scotland, England and Wales, and is backed by an extensive network of international law firm contacts; this enables us to provide flexible and efficient representation wherever you need it.

Our track record Our track record in public inquiry work for wind farm appeals includes a large number of schemes for clients such as CRE Energy, Npower Renewables, SSE Generation, Infinergy and Partnerships for Renewables.

1. Planning appeals for wind farms projects Some examples of projects we have worked on include:

• CRE Energy 71-turbine wind farm at Harestanes (CRE Energy) • SSE Generation 23-turbine wind farm at Blackcraig Hill (SSE Generation) • Vattenfall 14-turbine wind farm at Logiealmond (Vattenfall) • Infinergy Ltd We have represented Infinergy Ltd at wind farm appeals where the planning history and cumulative impacts were key considerations. We have also advised Infinergy in relation to Scottish lease and option agreements, and on project risks in their contractual structures. We have advised on all stages leading to the preparation of its evidence for and appearance at the public inquiry into its 177MW wind farm scheme in Moray. The scheme is now consented after an unsuccessful challenge in court by a third party. 59-turbine Dorenell and 17-turbine Tom nan Clach wind farms consented for >200MW within two years. • The Highland Council Advised the Council in defence of an application to judicially review their grant of planning permission for the Edinbane wind farm on Skye • EON Climate and Renewables UK Developments Limited Acted in respect of its scheme at Chiplow, both at inquiry (conjoined with the RES scheme at Jack’s Lane) and in the successful defence of the planning permission in the High Court • National wind farm developers Acted for national wind farm developers at inquiry in respect of a number of developments, including Kiln Pit Hill, the conjoined inquiry for Spaldington Airfield Wind Farm, Upper Vaunces Wind Farm and Yelvertoft Wind Farm

12

We have also advised in connection with planning for various wind farm schemes including: • Kiln Pit Hill development for Npower Renewables Limited • Yelvertoft for Your Energy/AES wind generation • Spaldington Airfield Wind Farm for Falck Renewables Wind Limited • Eon on a wind farm at Chiplow

2. Site options

3. Turbine matters • Santander We acted on the integrated service package and turbine and plant supply agreements for funders • Siemens PLC We advised on the turbine supply contract, service & availability agreement, funding and direct agreements in relation to Carraig Gheal Wind Farm to ensure compatibility with Scots Law • Advised members at different levels of the supply chain in an off-shore wind farm project on their differing funding requirements

Our renewables team has acted for:

• The Green Company (Europe) Limited We advised the client on its options to take leases of small to medium sized turbine sites in Scotland and for the acquisition of options for leases in England • Intelligent Land Investments Limited In connection with potential wind farm sites, we negotiated pro forma option documents with solicitors acting for an ILI venture company, Intelligent Land Investments (Renewable Energy) Limited, and thereafter took the role of preferred solicitors for option granters to whom ILI provided a limited costs indemnity • Port of Mostyn We acted in connection with a series of leases and berthing licences required by RWE Npower Renewables for the construction, operations and maintenance phases for the Gwynt-y-Mor offshore wind farm

“For many businesses, wind energy represents a significant opportunity, but it also involves many challenges due to being in the public eye.”

• PowerGen We acted for PowerGen in relation to wind farms in Scotland • WhiteRock Energy We acted in relation to wind farms in Scotland • Warwick Energy We advised in relation to planning applications for the on-shore cabling and substation required to connect the Dudgeon off-shore wind farm to the grid • Lumicity Advised Lumicity in relation to a corporate joint venture in wind energy • RNLI Acted for RNLI regarding funding and installing wind turbines on lifeboat stations

www.dwf.co.uk

13

Biomass and waste Biomass, anaerobic digestion and renewable heat technology, such as ground source heat pumps, now play a significant part in many renewables projects. The UK Government is now offering many incentives on various new forms of technology which present both opportunities and challenges. Our track record We have advised on a range of biomass and energy from waste projects, for clients including utility companies, funders and consultants, as well as contractors, developers, landowners and prospective tenants.

1. Biomass • C Spencer Ltd Acting in respect of £20m of ERDF grant for the delivery of the Hull Energy Works plant, including successful notification of the proposed grant to the European Commission for State Aid clearance • ECO2 North Linc Limited In relation to planning, we have acted on a Biomass development at Brigg for ECO2 North Lincs Limited • Developer Acting on behalf of a developer in respect of planning and real estate aspects of a biomass project with capacity of 40MW. This is a leading project in the UK which uses waste wood and wood supplied from the UK and overseas

14

• Waste collection and recycling contracts Acting in respect of waste collection and recycling contracts, including the client’s first biomass project. This included the procurement of land, funding and supplies of appropriate waste, and the negotiation of various contracts relating to the design, build, operation and maintenance of the pelletisation plant and power station • UK power station Acting for a UK power station in respect of all construction contract aspects of the conversion of its 2000MW coal fired power station to biomass (wood pellets). We negotiated consultant appointments, FEED study and EPC contracts • Acting for a UK-based waste to energy producer A project in the north of England which involved the procurement of land, funding arrangements (including grants), waste wood supply and distribution, the design and build of a biomass pelletisation plant and biomass CHP generator together with a greenhouse-based district heating scheme

2. Waste

Waste regulatory matters

We have extensive experience in energy from waste projects

• SEPA Acting for SEPA on the interpretation of the concept of “processing”; the aim was to determine whether or not a waste management licensing exemption applied to a demolition contractor’s deposit of materials

and waste regulatory matters including:

• Water utilities Advising in respect of two framework agreements with a contract value of in excess of £300m for the upgrading of the waste and clean water treatment facilities for a large water utilities company • Glasgow City Council Acting for a preferred bidder on Glasgow City Council’s waste treatment facility procurement • Manchester waste PFI project Providing tax advice for the principal bank in connection with its funding of the Manchester waste PFI project • Local authorities in Scotland The negotiation of a raft of contracts with local authorities in Scotland for the collection, processing and onward sale of kerbside and commercial recyclable waste

Acting for SEPA on two separate PPC permit refusal appeals in respect of waste oil treatment installations, in which there were both enforcement notices and fresh permit applications involved Advising SEPA on the liabilities of various parties (including SEPA as environmental regulator in the country of origin) in respect of a consignment of waste which was found to have been exported in breach of the Transfrontier Shipment of Waste Regulations • Local authority Contingency planning and liability advice to a local authority regarding a closed landfill site; it was generating gas and leachate from materials understood to include nuclear facility waste, BSE beast carcasses and a dead whale

• Waste treatment facility Advising the preferred bidder on one of the pathfinder waste treatment facility procurements in Scotland. This was the first to develop the English standard form documentation for use in Scotland (including the requirements of the Zero Waste Plan) • Earthtech Acting for Earthtech (now AECOM) on various water and waste water treatment plants, negotiating NEC Contract • EDF Acting for EDF in relation to a dispute relating to a carbon capture project • Acting in arbitral proceedings for a German engineering company in claims against a contractor arising from the construction of a waste to energy plant at Maidstone in Kent

“We have advised utility companies, funders and consultants, contractors, developers, landowners and prospective tenants.”

www.dwf.co.uk

15

Combined heat and power (CHP), and the Renewable Heat Incentive The UK government is now offering many incentives on various new forms of technology, which encourage its use and progression. This provides the energy sector with both opportunities and challenges. We have extensive experience in advising on CHP plants, including the following examples of recent roles: Combined heat and power

District heating system

• Railway entity Acting for a major railway entity in relation to design appointments, planning matters and engineering agreements for a development at Dalston Junction involving CHP and a district heating system

• Advising on a proposed CHP scheme to provide an affordable district heating system for 80,000 homes

• Greater Places Advising on a CHP and District Heating Scheme in Salford • Elyo East London Energy Ltd: Olympic Park and Stratford City District Energy Network Schemes • Advising in relation to the Technical Specification and Connection Documentation, and Commercial Supply Agreement • Purchase of energy on behalf of two aluminium smelting plants acting for Novelis, including drafting and advising on terms of energy sharing protocols • Negotiation of a CHP supply agreement for Sonoco Consumer Products Limited’s plant in Stainland, Halifax • Energy from waste incinerator and materials recovery plant situated in Kent, including site selection and planning advice • Department for Energy and Climate Change Advising on the development of its National Energy Efficiency Database • Performances Birmingham Limited Advised on terms of supply of combined heat and power supply to Birmingham Symphony Hall and shared service arrangements • Rochdale Boroughwide Housing Assisted in relation to developing an ownership model for an affordable energy plan in Rochdale • Appearing as advocate at a public inquiry on behalf of the applicant for a clinical waste incinerator at the Manor Hospital, Walsall, and advising on a similar project at Broad Green Hospital in Liverpool

16

• Sefton Borough Council Advised Sefton Council, in concert with Plus Dane Housing Group, in respect of a pilot (ERDF funded) programme for district heating and sustainable energy delivery in social housing on Merseyside • Community Energy Direct Advised on its Community Power project with British Gas and other partners • Eastlands Homes Partnerships Limited Acted with regards to agreements regulating the refurbishment of housing stock and replacement of the existing district heating system of those properties • Renewable Heat Incentive Advising on the availability of the Renewable Heat Incentive and producing structures enabling residential developers to benefit from the same in anticipation of its implementation • Acting on land acquisition and leasing, including Feed-in Tariff and Renewable Heat Incentive leases

Leading our Renewables Task Force We have a nationwide team of legal professionals with unrivalled specialist experience in working on energy projects and their financing across the UK and overseas. This gives us real experience in all aspects of the evolving renewables sector. Our aim is to gain a thorough understanding of your needs, objectives and operating environments so we can deliver practical solutions that will minimise your exposure to legal and commercial risk.

Andrew Symms Partner

Neil Amner Partner

Head of Energy and Industrials Sector

Head of Wave and Tidal

DD E

44 (0)113 261 6180 [email protected]

DD E

44 (0)141 228 8001 [email protected]

Catherine Haslam Partner

David Gilchrist Partner

Head of Solar

Head of Electricity and Gas

DD E

DD E

44 (0)161 838 0458 [email protected]

44 (0)141 228 8108 [email protected]

Martin Sales Partner Head of Wind DD E

44 (0)131 474 2420 [email protected]

www.dwf.co.uk

17

Legal support for your entire project We can provide legal support for your entire project. The legal support as shown opposite, illustrates the three stages that you will need to consider when completing a renewables project.

18

Scoping, feasibility, procurement and planning • Scoping and site investigation • Title due diligence including consideration of mineral rights, easements and third party access • Planning due diligence and environmental surveys

1

• Contamination consideration and scoping of remedial schemes • Feasibility study including financial anaylsis and corporate social responsibility engagement within

the local community land acquisition (option, lease and purchase) • Choice of technology

Corporate, finance, insurance and real estate • Project finance model – private financing, state aid, equity structure and security package • Project structure including corporate model • Exit strategy including investor exit options

2

• Tax liability and exemptions • Board and Operations Management structure • Insurance and real estate • Regulatory compliance • Power Purchase agreement and marketing • Risk Management

Commissioning, grid connection and construction • P  reparation of tender docs including civil work, electro & mechanical transmission

and connection, preparation of detailed construction documents • Grid Connection considerations

3

• Tender bids, evaluation and contract preparation • Construction and site supervision • Testing and commissioning • Operation and maintenance contracts • Energy supply contracts direct with businesses and consumers • Sale by shares or assets • Decommissioning and land rehabilitation

www.dwf.co.uk

19

Go further DWF is the legal business where expertise, industry knowledge and leading-edge technology converge to deliver solutions that enable our clients to excel. Embracing our diverse skills, we gain a unique and more valuable legal perspective that can empower our clients, giving them a competitive advantage or simply delivering new solutions to old problems. With over 2,500 people across the UK and Ireland, we make sure that wherever you are and wherever you aim to be, we will go further to help you get there.

To discuss how DWF can support your renewable energy project contact a member of our team, or visit our website: www.dwf.co.uk Andrew Symms Partner Head of Energy and Industrials Sector DD +44 (0)113 261 6180

[email protected]

www.dwf.co.uk

© DWF LLP 2014 DWF LLP is a limited liability partnership registered in England and Wales with registered number OC328794. The term ‘Partner’ is used to refer to a Member of DWF LLP or an employee or consultant with equivalent standing and qualifications. DWF LLP (registered number OC328794) is authorised and regulated by the Solicitors Regulation Authority. ISO 9001:2008 Certificate No LRQ 4003826. ISO 14001:2004 Certificate Number LRQ 4006597. Authorised and regulated by the Financial Conduct Authority. DWF LLP is also recognised as an incorporated practice by the Law Society of Scotland with registered number 43186. A list of the Members of DWF LLP and of the Non-Members who are designated as Partners is open to inspection at its registered office, 1 Scott Place, 2 Hardman Street, Manchester, M3 3AA.

Go further