Advising stakeholders in the energy sector on commercial and regulatory issues

We frequently advise energy market participants on a wide range of commercial and regulatory issues. Our clients include generators, network operators, suppliers and third party intermediaries, and we have previously provided guidance on matters relating to contracts, consumer and tort law, and environmental, health and safety and energy-sector specific regulation.

Recent work has included advising:

• wholesale energy trading businesses on the practical steps required to ensure compliance with REMIT regulations;
• recipients of renewables subsidies on applications for support, ongoing compliance with scheme requirements and challenges to regulatory decisions on granting or withdrawing that support;
• gas and electricity distribution network operators on compliance with Ofgem licence conditions;
• retail suppliers on compliance with changing Ofgem licence conditions related to key issues including retail price caps, environmental and social obligations and consumer protection measures;
• Citizens Advice and other clients on the regulation of third party intermediaries and the legal and regulatory issues arising from the growth of non-traditional business models in the energy sector;
• client commercial teams on energy-sector commercial agreements including ‘white labelling’ arrangements and commercial power purchasing deals, power supply to industrial and commercial customers, and (domestic) consumer trading;
• various clients on compliance with Renewables Obligation scheme requirements, including mutualisation provisions; and
• on the Capacity Market regulations and rules, including the impact of the suspension of the market following a judgment of the European Court of Justice.

As well as offering transactional and compliance advice and acting for clients in commercial disputes and regulatory proceedings, we have significant experience of advising on responses to formal and informal regulatory investigations and compliance engagements.

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