Clean Energy, Waste & Sustainability

Clean Energy

• Advising a European multinational energy company on its solar and battery storage offtake arrangements for a co-located project in the UK. The project is one of the first debt-financed co-located projects in GB. Our role included advising on issues arising from the lenders’ financing arrangements in respect of the debt-funding of the battery construction and operation and their implications for the offtake arrangements.
• Advising on a joint venture and development services arrangement between an international investment firm and a large-scale energy project developer in relation to a 300MW pipeline of battery storage and solar assets in the UK.
• Advising Cambridge Power on its joint venture with global investor Brookfield Renewable to develop 985 MW of battery storage and co-located solar projects in the UK.
• Advising Catalyst Capital on the acquisition of a 100MW battery storage project in the north of England.
• Advising Centrica PLC on its investment in HiiROC, a turquoise hydrogen production technology company.
• Advising Centrica PLC on the acquisition of an SPV holding project rights for the development of a 30MW battery energy storage system in Scotland, including due diligence on the grid connection, land rights and planning (via Scottish co-counsel), negotiation of the acquisition documentation and advice in relation to application of the new National Security & Investment (NSI) regime and energy industry regulation.
• Advising Catalyst Capital on its entry into a JV to develop a 49.9MW transmission-connected battery storage project in the south of England. The multidisciplinary Freeths team advised on the investment documents, major equipment supply, balance of plant, long term services, optimisation services and asset management contracts, and carried out due diligence on the land rights, grid connection, planning and environmental matters.
• Advising a licensed energy supplier on its template PPA for the acquisition of power from renewable energy generators.
• Advising a European energy company on issues arising under a multi-million pound construction contract with the operator of one of the world’s largest offshore wind farms.
• Advising the owner/operator of a portfolio of real estate assets on a high value dispute concerning its electricity procurement arrangements, involving a number of different licensed energy suppliers, a complex matrix of agreed and deemed contracts, the insolvency of one of the suppliers and an associated Supplier of Last Resort arrangement. This matter required energy and commercial contracts expertise as well as input from our dispute management and insolvency teams.
• Advising the developer of a very large-scale solar + battery project in the UK, including on financing, revenue stacking, grid connection arrangements and other project rights. The firm provided strategic advice during early stage project planning and assisted in devising the development plan.
• Advising a major logistics business on the installation of rooftop solar panels and the provision of fixed price solar electricity to the client.
• Advising various clients on aggregation and optimisation services contracts for battery storage and peaking plant assets.
• Acting for the shareholders in the sale of the project company developer of Europe’s largest floating solar array on the Queen Elizabeth II reservoir.
• Advising the developer a large portfolio of ground-mounted solar projects in the UK and continental Europe, including on financing and joint development arrangements. We also advised on procurement of land rights in the form of options for lease.
• Advising the UK’s leading live events business on commercial and property arrangements for the installation of an on-site energy centre, funded by a third party, for delivery of energy and other utilities to one of the client’s largest venues.
• Acting for the owner/ operator of an anaerobic digestion facility on corporate, finance, O&M and feedstock supply arrangements in the context of a major refinancing, and subsequently on a complex biogas sale agreement with a gas-to-grid offtaker.
• Advising one party to a joint venture for the development of a thermal hydrolysis plant forming part of the sludge recycling solution for a UK water company, helping them meet strategic goals including increased renewable energy production and reduced operation costs.
• Advising the developer of a proposed biomethane injection facility on energy regulatory issues including RHI accreditation.
• Advising on a multi-million pound dispute concerning the design, construction, operation and maintenance of a large-scale solar PV project.
• Advising a leading provider of smart ‘Pay As You Go’ energy on its standard terms of business and on its long-term (25 year) meter rental arrangements with a major UK meter operator, which involved third party funding from a market-leading investor.
• Advising a large supermarket chain on the contract for the design, installation, testing and commissioning for rooftop solar panels.
• Advising an energy services company (ESCO) on a number of disputes relating to energy services and construction contracts associated with CHP energy centres and district heating schemes.
• Advising various corporates on energy procurement issues and interactions with energy brokers.
• Advising on the development of one of the largest wind turbines ever constructed in the UK, supplying 9,000,000 kWh annually to a brewery owned and operated by a global drinks company.

Waste

• Acting for one of the UK’s largest waste and recycling companies in commercial disputes with two local authorities.
• Facilitating a large National company’s response to a recent Consultation on Non-Hazardous And Inert Waste: Appropriate Measures For Permitted Facilities
• Advising Cornwall County Council on the refinancing of its integrated waste management PFI scheme (including EfW).
• Acting for operators of EfW facilities including negotiating O&M agreements.
• Negotiating and completing agreements with contractors for energy-from-waste plants in connection with both commissioning and facility maintenance.
• Advising one of the UK’s largest liquid waste management companies following a change of approach by the Environment Agency to the spreading of liquid organic wastes on agricultural land.
• Advising a public sector client in relation to alleged environmental issues in respect of landfill operations.
• Advising a client on possible offences relating to the supply of plastic waste to the equestrian sector.
• Advising on the terms of an enforcement undertaking for historic breaches of the packaging waste regulations.
• Advising a national retailer on its proposed membership of the Scotland Deposit Return Scheme.

Electric Vehicles and EV Charging Infrastructure

• Advising a leading asset manager on the establishment of a nationwide framework for the installation of EV chargepoints in privately-owned car parks, including on the framework agreement which provided for the procurement and installation of EV chargepoints, the supply of electricity for vehicle charging, the operation and maintenance of the chargepoints, and the customer payment interface. We also advised on lease arrangements with the car park owners.
• Advising a leading investor, developer and long-term fund manager of infrastructure and energy efficiency assets on a project for the installation of kerbside EV chargepoints in a London borough, including on (a) the acquisition and installation of the chargepoints, (b) O&M arrangements, (c) the customer payment interface, (d) financing, (e) procurement law and (f) section 50 licensing.
• Advising a London Borough on a Vehicle to Grid (V2G) scheme, including contracts for V2G equipment and services under which our client agreed with a service provider to acquire the software and hardware to provide smart uni- and bi-directional charging solutions for EVs on a managed service basis, and for commissioning and installation of the V2G chargepoints and their ongoing operation. (Bi-directional chargers allow EV batteries to discharge electricity back to the grid, as well as charging from the grid. Via V2G software EV drivers can generate returns by providing electricity to help regulate the grid and by taking advantage of differential time-of-day electricity prices.)
• Advising a major retail client on arrangements with BP Chargemaster (now BP Pulse) for the installation and hosting of EV charging infrastructure at a trial site, with the potential for national roll-out. This involved advice on all aspects of the proposed arrangements, including detailed input to the contract and providing observations on the commercial model.
• Advising Connected Kerb on its standard terms of business for the installation of EV charging infrastructure. We are also retained to advise on supplementary terms and conditions in relation to various commercial models.
• Advising a large real estate investor client on an EV charging deal with GridServe, whereby the client granted a ground lease to GridServe for the development and operation of an Electric Forecourt.
• Advising an international motorway services provider on the contractual framework for the installation of electric vehicle charging stations at their UK sites.
• Advising a contractor on funding arrangements to support its obligations under a framework agreement with a number of local authorities to deliver the rollout of EV chargepoint infrastructure across a number of public sites.
• Advising Connected Kerb on multiple fundraises and in obtaining SEIS/EIS relief, drafting all the documentation for the investments.
• Advising a leading chargepoint provider on their standard terms and conditions for commercial sales of EV charging units, and their services agreement for the installation, testing and commissioning of EV charging equipment.
• Advising a hotel chain on the proposed installation of EV chargepoints across its estate in England and Wales, and the leasing of EV infrastructure and car parking spaces to third party operators, including property and commercial arrangements.
• Advising an EV chargepoint provider on terms for the installation and operation of chargepoints with several landowners, including public car park operators across England, Wales and Scotland.