Energy (J)

Meet the Co-chairs - TAGLAW

Brede, Jens
Kvale Advokatfirma DA

Meet the Co-chairs - TIAG

Pestana, Felipe Batista dos Reis
Grupo Planus

Energy (J)

Authors: James Plumb, Partner & Timothy Bowles, Solicitor

In a further step towards lifting the moratorium on hydraulic fracturing of onshore unconventional reservoirs in the Northern Territory, the Territory government introduced the Petroleum Legislation Amendment Bill 2018 (NT) (Bill) into Parliament on 29 November 2018.

As part of its commitment to enact the 135 recommendations arising out of the Independent Scientific Inquiry into Hydraulic Fracturing, the draft Bill proposes the introduction of the following changes to the legislative regime:

  1. The introduction of a broad right for any person to seek judicial review of a decision made by the regulator under the Petroleum Act or the Petroleum (Environment) Regulations;
  2. A requirement for applicants for a permit or licence to be 'appropriate persons'; and
  3. A requirement for the holders of permits and licences to comply with Codes of Practice (to be prescribed under Regulation), and the potential for penalties to be imposed for breach of such Codes.

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Author: Philip Daly

The Ireland Strategic Investment Fund (ISIF) announced its divestment of a combined €68m from fossil fuel companies on 4 January 2019.

This policy change is a result of the Fossil Fuel Divestment Act 2018, which became law in late December 2018. The Act provides for the divestment of ISIF from fossil fuel companies deriving more than 20% of their revenue from the exploration, extraction and/or refinement of fossil fuels.

Read more: Ireland Withdraws Public Money from Fossil Fuel Investments

Author: Rodrigo Figueroa

During the past couple of years at renewable energy conferences and industry events, the conversation regarding battery energy storage systems has focused on the prevailing notion that energy storage, from an emerging technology standpoint, is where traditional solar was roughly eight to 10 years ago.

In the utility-scale context, despite the increasing deployment of battery energy storage systems, some utilities are still hesitant to purchase energy storage systems because the costs and technology are still evolving. From a contractual standpoint, utility-scale battery energy storage system transactions present unique legal issues and require special analysis of traditional contract provisions.

Read more: Five Legal Issues To Consider When Contracting For Utility-Scale Energy Storage

Author: Bradley J. Nowak

On February 21, 2018, the North Carolina Utilities Commission (the “NCUC”) issued an order (the “Order”) approving, with numerous required modifications, the application of Duke Energy Carolinas, LLC (“DEC”) and Duke Energy Progress, LLC (“DEP” and, together with DEC, “Duke”) for a joint competitive procurement for renewable energy program (“CPRE Program”).  With the NCUC’s Order, Duke’s first solicitation for competitive procurement of 680 MW of energy and capacity from renewable energy facilities is expected to begin in May 2018.


On November 27, 2017, DEC and DEP jointly filed a petition for approval of their proposed CPRE Program (pursuant to N.C. Gen Stat. § 62-110.8 and NCUC Rule R8-71). Along with the proposed initial CPRE Program guidelines, Duke’s petition requested approval of (i) a pro forma power purchase agreement, (ii) initial CPRE Program plan, and (iii) waivers of regulatory conditions and code of conduct requirements. In the CPRE Program filing, Duke proposed four solicitations, or tranches, to allocate its obligation to procure 2,660 MWs of renewable energy, with Tranche 1 to begin in 2018. For the Tranche 1 CPRE RFP Solicitation, Duke proposes to allocate 600 MWs for the DEC service territory and a maximum of 80 MWs for the DEP service territory.

Following the NCUC’s order on December 1, 2017 requiring the Public Staff to file a report concerning Duke’s proposed CPRE Program and allowing intervention by interested persons, in January 2018, Public Staff submitted its report and comments, and other stakeholders, including the North Carolina Sustainable Energy Association (NCSEA), the North Carolina Clean Energy Business Alliance (NCCEBA) and Duke Energy Renewables, Inc., also filed comments on Duke’s proposal.

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Contact: Sylvain Bergès

The end of the feed-in tariffs for renewable electricity requires producers of “green” electricity to sell their production on the market. To optimize sales and balancing costs, many use the services of an aggregator.

Under Law No. 2015-992 of 17 August 2015 on energy transition for green growth, feed-in tariffs have been phased out for installations of more than 500 kilowatts. Producers now sell their electricity on the market and receive from EDF a monthly premium, named the contract for difference (“CfD”). This premium compensates for the difference between the income from this sale and a reference remuneration level set by the public authorities by a tariff decree, depending on the type of power plant.

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