Renewable Energy Law
- • Gain an understanding of the key challenges and impacts of evolving renewable energy laws that are impacting and influencing both developed and developing countries on the quest for net zero
- • Become familiar with the key issues and problems regarding the establishment of infrastructure and what this means for the renewable energy supply chain.
- • Consider the implications of some of the operational issues and legal underpinning of mechanisms such as ‘constraint payments’ and ‘carve out’ options within contracts.
- • Understand how some governments incentivize the growth of renewable energy
- • Have awareness of competition law and its ramifications for the renewable energy industry
- • Gain an insight into what ‘emission trading’ is and what this means for renewable energy
Overview
As the world moves ever closer towards the ‘net zero’ goal, the demand for energy continues to increase globally. Rising populations and emerging economies all require energy, yet the traditional hydrocarbon-based suppliers’ provision is in decline due to the continued evolution of alternative or renewable sources of energy.
As RE continues to mature and contribute more to the world’s energy requirements, so too must the legal regimes and regulations that underpin it. It becomes imperative to have an established framework and regulatory system to provide certainty; stability and structure for all concerned. The duty that we all have to protect and preserve the environment, how RE is and will be incentivized - yet competition must remain on ‘a level playing field,’ how pollution is to be controlled through mechanisms such as emissions trading – these are only a few of the areas in which legal certainty and consistency must be created and maintained.
This course has been specifically designed to be an immersive experience for the delegates. Focus throughout is on open dialogue and problem solving through discussion of case studies that will address specific issues and complement the topics presented.
Course Content
Topic 1: A global overview of RE law – developed countries vs. developing countries:
- The question of energy security
- Removing the dependence on hydrocarbons – a vital strategy for the future
- Diversification of the power supply – a potential competitive advantage at a national level?
- The need for technological integration
- The impact of developing markets on RE law
- The impact of developed markets on RE law
- The impact of domestic market changes on RE law
- Case study: literature review/overview of some key international issues in RE law
Topic 2: Infrastructure and the Supply Chain
- The infrastructure challenge – the scope for conflict between different technologies and limited land
- Managing the renewable energy supply chain
- Storage implications – where infrastructure and the supply chain meet
- The growing importance of the procurement function within renewable energy supply chains
- Location of generation facilities and proximity to markets
- Case study: Assessing legal issues relative to infrastructure establishment
Topic 3: Some key legal issues
- Government subsidies and disputes
- ‘Constraint payments’ – a loaded gun?
- The question of ‘carve out’s’
- ROW’s; licenses and other permissions
- Performance and delay issues
- Price escalation clauses and consequential loss
- Case Study: TBA
Topic 4: RE incentives
- The disconnect between public and private financing of RE projects
- Feed in Tariffs and public benefit funds
- FIT vs. Auctioning
- Legal securities for beneficiary parties (minimum FIT over guaranteed time periods
- ‘Customization’ of FIT for differing technologies/energy sources
- Designing a FIT – not a straight forward process
- Tax incentives
Topic 5: Competition Law
- State aid and protectionism
- Integration of new market entrants
- Efficient competition within the market between incumbents
- The potential danger posed by vertical integration
- Managing congestion
- Capacity renumeration
- Balancing the market
- The issue of Energy Poverty
- Case study: TBA
Topic 6: Emission Trading
- What is emission trading?
- The mechanics of emission trading
- Carbon taxes
- The ‘cap and trade’ approach
- The ‘mass based’ cap approach
- The ‘rate based’ cap approach
