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OFFSHORE WIND www.shepwedd.co.uk

INTELLECTUAL PROPERTY OFFSHORE WIND

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Page 1: INTELLECTUAL PROPERTY OFFSHORE WIND

INTELLECTUAL PROPERTY OFFSHORE WIND

www.shepwedd.co.uk

Page 2: INTELLECTUAL PROPERTY OFFSHORE WIND

The burgeoning offshore wind industry is set to deliver massive opportunities for UK manufacturing and construction activity, and is keeping the planning and licensing authorities very busy. The UK is world-leading in megawatts deployed and the experience that goes with that.

Our market-leading offshore wind practice comprises over 40 lawyers with more than 20 years’ experience specializing in the energy sector.Our energy projects are what we live and breathe and we understand the

regulatory framework in the UK and how it is developing to support offshore wind.

Our approach is very much that of a partnership, working in collaboration with our clients to develop innovative solutions to their individual needs.

We work exceptionally hard to meet our clients’ expectations and play a pivotal support role in their projects. We are well connected with many of the industry’s key decision makers in offshore wind throughout the UK and bring clients an unrivalled depth of industry knowledge.

Only a firm with current projects knows how the market and legal regulation of it are developing and can stay on top of it. We are one of very few firms who provide fully integrated advice at various stages on the full project lifecycle of an offshore windfard

We advise on section 36 applications in Scotland and DCO applications in England and Wales. We bring our 100% success rate of winning planning enquiries for consenting onshore wind to the offshore market. Recent work includes advising on three current DCO applications for nationally significant infrastructure projects including one in examination phase and three recent section 36 applications for offshore wind including Moray Offshore Renewables’ successfully consented projects.

Consenting

We know the market and deals that landowners and their agents expect and understand the needs of offshore transmission businesses that will buy into the grid assets. Our expert offshore wind team advises on four corridors between 35 km and 50 km in length for 10 offshore wind projects in England and Wales and Scotland. We also have significant experience negotiating agreements for lease and leases with The Crown Estate.

Land

We are advising on 10.8GW of offshore wind grid connection offers; some signed, others under negotiation. We are active members of the trade bodies in England and Scotland on this issue and regularly advise on possible solutions for deals with National Grid and other transmission owners.

Grid

Our market-leading regulatory team advises clients on how to influence changes to the regulatory framework across the UK and in Ireland in order to facilitate offshore wind projects. This includes looking at trading of ROCs and energy cross border, connections between jurisdictions, and interconnector regulation. We advise many clients on PPA terms and sat on the Government’s export group on Electricity Market Reform. We are working closely with clients to assess their eligibility for CfDs under the new allocation rules.

Regulatory

Selecting the correct vehicle and structure is crucial not just upfront but through to financial close and beyond. Our lawyers have the specialist skills and market knowledge built up over many years’ involvement in large-scale, multiparty investment and infrastructure projects, and particularly in complex syndicated funding, banking and security packages for renewables transactions.

Corporate structuresand financing

Our team excels in advising on complex major projects, many of which have alliancing/partnering at their core with contracts designed to align interests to common goals. Our experience includes consultancy and survey contracts, fabrication contracts for equipment, cable contracts, installation contracts, vessel charter and other marine contracts, operation and maintenance contracts and interface and insurance arrangements.

Construction

We regularly advise in complex litigation and arbitration proceedings, guiding clients through the preparation, presentation and prosecution of their cases. We have considerable experience of mediation and other alternative dispute resolution procedures.

Dispute resolution

Page 3: INTELLECTUAL PROPERTY OFFSHORE WIND

Moray Offshore Renewables Limited, an EDPR and Repsol JV, for the development of 1.8GW of power in Round 3 Zone Moray Firth

A large wind power operator on a key demonstrator project

2-B Energy, a Dutch renewables company, on the arrangements with Scottish Enterprise relating to its demonstration project in waters off the east coast of Scotland

SMart Wind Limited, a Siemens and Mainstream JV, in relation to the development of 4GW of power in Round 3 Zone off Hornsea

A consortium of European banks lending to Lincs Wind Farm Limited, a 50/50 JV between Centrica and Lincs

A consortium of lenders on the £340 million financing of Centrica plc’s Boreas portfolio of onshore and offshore windfarms

Eneco UK Limited in relation to its Round 3 Navitus Bay Wind Farm project

United Kingdom 12 nautical mile limit

Mainstream on the Irish Energy Bridge, its 5GW project to connect onshore and offshore wind in Ireland to the UK mainland

DONG Energy and ScottishPower Renewables on their 389MW West of Duddon Sands JV

Transmission Capital Partners, acting for the consortium including Amber Infrastructure, relating to the OFTO transfer for the Robin Rigg windfarm

ScottishPower Renewableson its successful bid for the Argyll Array offshore windfarm off the west coast of Scotland

Mainstream on the development of Neart Na Gaoithe, its 450MW project in Scottish Territorial Waters located in the Firth of Forth

Our recent experience

Page 4: INTELLECTUAL PROPERTY OFFSHORE WIND

Edinburgh1 Exchange Crescent Conference Square Edinburgh EH3 8ULT +44 (0)131 228 9900F +44 (0)131 228 1222

Glasgow191 West George StreetGlasgowG2 2LBT +44 (0)141 566 9900F +44 (0)141 565 1222

LondonCondor House10 St. Paul’s ChurchyardLondon EC4M 8ALT +44 (0)20 7429 4900F +44 (0)20 7329 5939

Aberdeen1 Berry StreetAberdeen AB25 1HFT +44 (0)1224 343 555F +44 (0)1224 343 545

Clare FosterPartnerT +44(0)131 473 5409M +44(0)782 441 7712E [email protected]

Karen ShawPartnerT +44(0)141 566 8504M +44(0)779 891 7471E [email protected]

Lynne ScottPartnerT +44(0)207 429 4956M +44(0)784 195 1072E [email protected]

Patrick BellPartnerT +44(0)207 429 4670M +44(0)797 014 8582E [email protected]

Stephen HubnerPartnerT +44(0)207 429 4918M +44(0)779 903 5768E [email protected]

David Anderson PartnerT +44(0)131 473 5102M +44(0)787 665 8914E [email protected]

Liz McRobbPartnerT +44(0)141 566 8502M +44(0)779 864 6887E [email protected]

Colin InnesPartnerT +44(0)131 473 5104M +44(0)772 055 6472E [email protected]

Susan Fergusson Assistant T +44(0)141 566 8510M +44(0)784 195 1082E [email protected]

Scott McCallum PartnerT +44(0)131 473 5709M +44(0)759 565 5184E [email protected]

Patricia HawthornPartnerT +44(0)141 566 8509M +44(0)788 961 5538E [email protected]

Key Contacts

© Shepherd and Wedderburn LLP. Shepherd and Wedderburn LLP is a Limited Liability Partnership authorised and regulated by the Law Society of Scotland and the Solicitors Regulation Authority (with number 447895).

Danny LeePartnerT +44(0)207 429 4680M +44(0)787 649 5988E [email protected]

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