by Hardwick Legal | Apr 12, 2019 | Purpose Built (LexisNexis)
<br><img src="[images%7COpenAccessDataProvider]fd967909-39fa-4ceb-8272-d00812b37b37" sf-size="100"><p><b> </b></p><p><b></b><b>This week’s edition of Energy highlights includes analysis on the call for evidence on ‘helping businesses to improve the way they use energy’, and the impact of the government’s response and proposed next steps, and the Office of Gas and Electricity Markets’ (Ofgem) decision for National Grid Gas (NGG) to undertake consultation activities required by Article 26 in regards to transmission tariffs. Also this week, BEIS has published an update to guidance on applying for an exemption or compensation for a proportion of the indirect costs of funding the contracts for difference (CfDs), renewables obligation (RO) and small scale feed-in tariffs (FIT);</b> <b>the Office for Low Emission Vehicles (OLEV) has provided new guidance for local authorities on grants to provide on-street residential chargepoints for plug-in electric vehicles; and HM Treasury has produced an alternative schedule to the decommissioning relief deed (DRD) under the Transferable Tax History (TTH) mechanism.</b></p><h2></h2><h2>Electricity and gas market regulation and licensing<b></b></h2><h5><b>Ofgem instructs NGG to implement regulation (EU) 2017/460</b><b></b></h5><p>Ofgem has set out its decision instructing NGG to undertake consultation activities required by Article 26, and the cost allocation assessment calculations required by Article 5, of the European Network Code on harmonised transmission tariff structures for gas—<a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/energy/citationlinkHandler.faces?bct=A&service=citation&risb=&EU_REG&$num!%2532017R0460%25">Regulation (EU) 2017/460</a>. Ofgem’s decision document sets out its reasons for its decision and the action it has allocated for NGG. See: <a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/energy/linkHandler.faces?ps=null&bct=A&homeCsi=412012&A=0.5522625809449847&urlEnc=ISO-8859-1&&remotekey1=DIGEST-CITATION(LNB%20News%2010/04/2019%2076)&remotekey2=All%20Subscribed%20Current%20Awareness%20Sources&dpsi=0S4D&cmd=f:exp&service=QUERY&origdpsi=0S4D">LNB News 10/04/2019 76</a>.</p><h5><b>Financial associations respond to eu energy market initiative</b><b style="color:#999999;font-size:1rem;text-transform:uppercase;background-color:initial;"></b><b></b></h5><p>The Futures Industry Association (FIA) has published its response on the European Commission initiative to strengthen the role of the euro in energy markets. FIA commented jointly with the International Swaps and Derivatives Association and the Global Financial Markets Association and stated that there are visible benefits in expanding the use of the euro in EU energy markets. However, the associations believe that currency choice should be driven by commercial reasons and not enforced through regulation, claiming that this would ultimately lead to increased risk. See: <a data-sf-ec-immutable="" data-sf-ec-immutable=""></a data-sf-ec-immutable="" ></p>
Source: LexisNexis Purpose Built
Energy weekly highlights - 12 April 2019
by Hardwick Legal | Apr 10, 2019 | Purpose Built (LexisNexis)
<p><img src="[images%7COpenAccessDataProvider%7Ctmb%3Acarouselth]0bded6f0-c0f8-4e95-92bb-74dafc61cd5f" style="background-color:initial;font-size:inherit;" sf-size="100"><br></p><div><p>The recent case of <i style="font-size:inherit;background-color:initial;">Russell v Stone (trading as PSP Consultants)</i>
<a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/legal/docview/getDocForCuiReq?lni=8V75-DT32-D6MY-P43M&csi=316762&oc=00240&perma=true&elb=t" target="_blank" style="font-size:inherit;">[2019] EWHC 831 (TCC)</a> concerns a professional negligence claim against a firm of quantity surveyors (PSP) in relation to a residential project that was beset with problems. The general thrust of the claim was that PSP’s alleged negligence caused the claimants
to spend significantly more on their property than they ought to have done. In particular, it was alleged that PSP failed properly to manage and/or advise on the tender process.
</p><div><p>The court held that PSP had not been negligent and, even if it had, the claimants’ case would have failed on the issue of causation. This blog post focuses on the difficulties the claimants faced in proving causation, a common theme
in claims against construction professionals. </p></div></div>
Source: LexisNexis Purpose Built
High Court dismisses professional negligence claim against quantity surveyor
by Hardwick Legal | Apr 10, 2019 | Purpose Built (LexisNexis)
<article data-sf-ec-immutable=""><section><p>Energy analysis: Scott McCallum, partner at Shepherd and Wedderburn LLP, discusses the background to the government’s recently announced Offshore Wind Sector Deal (the Sector Deal) and assesses the commitments it makes, what it means for the UK offshore sector, and its likely impact.</p></section></article><section><section><h2><mark id="CITEID_684598"></mark>Original news</h2><p>New offshore wind sector deal is a‘welcome step’ for the industry, <a href="https://www.lexisnexis.com/uk/lexispsl/environment/document/412012/8V4T-XNB2-8T41-D4F8-00000-00/linkHandler.faces?psldocinfo=Offshore_Wind_Sector_Deal_building_sustainability&ps=null&bct=A&homeCsi=412012&A=0.13765989999171746&urlEnc=ISO-8859-1&&remotekey1=DIGEST-CITATION(LNB%20News%2007/03/2019%20117)&remotekey2=All%20Subscribed%20Current%20Awareness%20Sources&dpsi=0S4D&cmd=f:exp&service=QUERY&origdpsi=0S4D" title="References to">LNB News 07/03/2019 117</a></p><p><i>The Department for Business, Energy and Industrial Strategy has published anew policy paper on the sector deal between the government and the offshore wind industry. This deal builds on the UK’s global leadership in offshore wind, maximising the advantages for UK industry from the global shift to clean growth.</i></p></section><section><h2><mark id="CITEID_684599"></mark>What is the Sector Deal and why has it been introduced?</h2><p>The UK government has established an industrial strategy with an overall objective of building aBritain ‘fit for the future’. A key component of the UK government’s industrial strategy is the creation of partnerships between the government and industry on sector-specific issues. The government points to the successes of the Auto Council and the Office for Life Sciences in demonstrating the gains that can be made to productivity, employment, innovation and skills through ajoined-up focus on sector-specific barriers and opportunities. The government wants to build on these successes—extending them to other parts of the economy—most recently in the form of the Sector Deal.</p><p>This much anticipated Sector Deal was announced on 7 March 2019 (see Claire Perry, Minister of State for Energy and Clean Growth’s <a data-sf-ec-immutable="" href="http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-03-07/HCWS1382/" target="_blank" title="Opens in anew window">written statement to Parliament</a>). The government believes that the global shift to clean growth offers abig opportunity for the UK. The UK already boasts the largest installed capacity of offshore wind (by some margin) and costs have fallen much faster than most anticipated. Offshore wind would therefore seem to offer agood foundation for the UK’s global clean growth ambitions.</p><p>While the UK has amarch on others in terms of </p></section></section>
Source: LexisNexis Purpose Built
Offshore Wind Sector Deal - building sustainability
by Hardwick Legal | Apr 9, 2019 | Purpose Built (LexisNexis)
<p>In this April podcast of 2019, Mark Davies and Christopher Badger of 6 Pump Court consider and discuss:</p><p data-level="1" data-list="1">- further developments in the creation of the new Office for Environmental Protection</p><p data-level="1" data-list="1">- the European Commission’s latest publication on pharmaceuticals in the environment, and</p><p data-level="1" data-list="1">- the alleged lack of content in Philip Hammond’s 2019 Spring Statement</p><p data-level="1" data-list="1"> To listen to the podcast click<a href="https://blogs.lexisnexis.co.uk/docs/default-source/purpose-built-documents/2019_04_02_newscast.mp3?sfvrsn=279f5e14_2&download=true" data-sf-ec-immutable=""> here </a><b></b></p><h4><b>The continued development of the Environment Bill and the Office for Environmental Protection – listen from 0.30 mins</b></h4><p>Not to be confused with last month’s review of funding and form of the OEP, Mark and Chris proceed to look this time at the review by the Environmental Audit Comittee of the draft Environmental Principles and Governance Bill and in particular the development of the OEP. As the Welsh Government join the Scottish government in announcing a consultation on how to address potential governance gaps when the UK leaves the EU, Mark asks whether devolved government will agree to the proposals for the OEP to have regulatory oversight over their environmental arrangements? And could the OEP really be based in Aberdeen as has been suggested?</p><h4><b>European Commission Report on pharmaceuticals in the environment – listen from 4 mins</b></h4><p>Next Mark and Chris turn to the emerging problem of pollution caused by pharmaceuticals, looking in particular at risks to the environment and at the problem of antimicrobial resistance in animals and humans. The problem of potential impact on the reproductive capabilites of animals and humans cannot be ignored and Mark and Chris argue that the issue justifies a precautionary approach consistent with proposals to introduce a relevant parameter into the Drinking Water Directive. Of particular concern are possible emissions from antimicrobial manufacturing plants in 3rd countries, which are contributing to the problem at a global level. <b></b></p><p>The Commission appears to favour a holistic approach to addressing the problem, involving pharmaceutical producers, medical professionals, the agricultural sector, governments and water treatment plants.</p><h4 data-level="1" data-list="1"><b>Is there anything of substance in PHilip Hammond’s Spring Statement? – listen from 7.55 mins</b></h4><p>In the final part of the podcast, Chris and Mark ask is there anything of real substance in the Spring Statement? It may be an exciting time to be an environment lawyer as the Environment Bill is being drafted, policy is being written on environmental principles, there are global initiatives on green finance and the issue of sustainable fashion is being raised - but to what extent are these things manifested as Economic Policy that will drive real long term environmental improvements?</p><p>For more information on these stories, see:</p><p>- Lexis PSL News: <a href="https://www.lexisnexis.com/uk/lexispsl/ip/docfromresult/D-WA-A-VEV-VEV-MsSAYWZ-UUC-UZEYAAUUW-U-U-U-U-U-U-ACCDVAZACU-ACCVEEZECU-VBVWEZABW-U-U/1/281955" data-sf-ec-immutable="">European Commission adopts Communication outlining environmental risks in pharmaceuticals</a></p><p>- Lexis PSL News: <a href="https://www.lexisnexis.com/uk/lexispsl/commercial/docfromresult/D-WA-A-BUY-BUY-MsSAYWD-UUV-UZEYAAUUW-U-U-U-U-U-U-ACCDVAZBEY-ACCVEEDAEY-VBCAYUCWY-U-U/1/281955" data-sf-ec-immutable="">Welsh Government announces consultation on gaps in environmental principles post-Brexit </a></p><p>- Lexis PSL News: <a href="https://www.lexisnexis.com/uk/lexispsl/energy/docfromresult/D-WA-A-ABZW-AUE-MsSAYWC-UUC-UZEYAAUUW-U-U-U-U-U-U-ACCDVACDCV-ACCVEEZCCV-VBVWEAAYA-U-U/8/281955" data-sf-ec-immutable="">Spring Statement 2019: Government introduces climate change initiatives</a></p><p>- Lexis PSL News: <a href="https://www.lexisnexis.com/uk/lexispsl/localgovernment/docfromresult/D-WA-A-ABZW-AUE-MsSAYWC-UUC-UZEYAAUUW-U-U-U-U-U-U-ACCDVACDCV-ACCVEEZCCV-VBVWEAAYA-U-U/4/281955" data-sf-ec-immutable="">Spring Statement 2019: Government to set out approach to UK’s urban strategy </a></p><p> </p><p> </p><p data-level="1" data-list="2"> </p>
Source: LexisNexis Purpose Built
LexisPSL Environment News Podcast - April 2019
by Hardwick Legal | Apr 5, 2019 | Purpose Built (LexisNexis)
<p><img src="[images%7COpenAccessDataProvider]85600488-6d7d-4adb-81c9-33d7d15c1965" sf-size="7958632"></p><p><b>A round up of key developments in the energy sector covered by LexisPSL Energy. T</b><b style="font-size:inherit;background-color:initial;">his week’s edition of Energy highlights includes analysis of the Offshore Wind Sector Deal (the Sector Deal), the split of the system operator (SO) and transmission owner (TO) roles previously held by National Grid Electricity Transmission plc (NGET) and an updated charging scheme for the EU Emissions Trading System (EU ETS).</b></p><h2><b>Electricity and gas market regulation and licensing</b></h2><h5><b>National Grid Electricity System Operator becomes separate entity within National Grid Group</b></h5><p>The National Grid has announced that as of 1 April 2019, the National Grid Electricity System Operator (NGESO) became a separate legal entity within the National Grid Group, separating the system operator (SO) and transmission owner (TO) roles previously held by National Grid Electricity Transmission plc (NGET). NGESO takes on the role of SO, while NGET will continue to act as TO. See: <a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/energy/linkHandler.faces?ps=null&bct=A&homeCsi=412012&A=0.968020832432324&urlEnc=ISO-8859-1&&remotekey1=DIGEST-CITATION(LNB%20News%2003/04/2019%2016)&remotekey2=All%20Subscribed%20Current%20Awareness%20Sources&dpsi=0S4D&cmd=f:exp&service=QUERY&origdpsi=0S4D">LNB News 03/04/2019 16</a>.</p><h5><b>SSE pays £700,000 for missing gas smart meter roll-out target in 2018</b></h5><p>SEE Energy Services, SSE’s domestic retail business, has agreed to pay £700,000 to Ofgem’s consumer redress fund—administered by the Energy Savings Trust—after missing gas smart meter roll-out targets in 2018. Suppliers are required by law to take all reasonable action to roll-out smart meters by the end of 2020. SSE met its electricity smart meter 2018 target but missed its gas target by two months. Ofgem will not be taking formal action against SSE due to the steps it has taken. See: <a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/energy/linkHandler.faces?ps=null&bct=A&homeCsi=412012&A=0.968020832432324&urlEnc=ISO-8859-1&&remotekey1=DIGEST-CITATION(LNB%20News%2003/04/2019%2015)&remotekey2=All%20Subscribed%20Current%20Awareness%20Sources&dpsi=0S4D&cmd=f:exp&service=QUERY&origdpsi=0S4D">LNB News 03/04/2019 15</a>.</p><div><h2><b>Renewable energy</b><b></b></h2></div><h6><b>Offshore Wind Sector Deal—building sustainability</b></h6><p>Energy analysis: Scott McCallum, partner at Shepherd and Wedderburn LLP, discusses the background to the government’s recently announced Offshore Wind Sector Deal (the Sector Deal) and assesses the commitments it makes, what it means for the UK offshore sector, and its likely impact. See News Analysis: <a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/energy/linkHandler.faces?ps=null&bct=A&homeCsi=412012&A=0.968020832432324&urlEnc=ISO-8859-1&&dpsi=0S4D&remotekey1=DOC-ID&remotekey2=0S4D_3218853&service=DOC-ID&origdpsi=0S4D">Offshore Wind Sector Deal—building sustainability</a>.</p><div><h2>Nuclear energy</h2><h5><b></b><b style="background-color:initial;font-size:inherit;">Nuclear Decommissioning Authority publishes 2019–2022 Business Plan</b></h5></div><p>The Nuclear Decommissioning Authority (NDA) has published its 2019 t</p>
Source: LexisNexis Purpose Built
Energy weekly highlights - 5 April 2019
