Energy Sector
ENERGY
We have had a long standing involvement in projects in the energy sector.
Department of Trade & Industry (DTI)
We advised the DTI on the legal separation under the Utilities Act 2000 of the transmission, distribution, supply and generation businesses of Scottish Power UK plc and Scottish & Southern Energy plc. Our work involved a detailed review and examination of the transfer schemes prepared by the two Scottish utilities and required us to get to grips quickly with a complex statutory and regulatory framework.
Appointment to OFGEM Panel
Our work here assisted us in obtaining our appointment as a Scottish legal adviser to the Office of Gas and Electricity Markets (OFGEM) in March 2002. Since appointment we have given advice on a number of regulatory and contractual issues relevant to OFGEM's activities in Scotland.
Privatisation of Nuclear Generation
We also advised the DTI on all Scottish matters relating to the privatisation of nuclear generation. Again, our work here involved the operation and review of the transfer documentation and of the privatisation prospectus. We also played a key role in the drafting of the arrangements to create funds to be used for decommissioning of nuclear reactors at the end of their lives. Property, planning and environmental aspects were also highly significant in this transaction.
Privatisation of the British Coal Corporation & Ongoing Advisory Role
We have a continuing advisory role to the DTI in respect of the coal industry. We advised on all the Scottish aspects of the privatisation of the assets of the British Coal Corporation. The transaction was carried out through statutory transfer schemes and the granting of coal leases and licences to operate. Since the transaction completed, our involvement has continued in respect of a variety of refinancings and restructurings of the privatised Scottish Coal Company.
Powergen UK plc
We represented Powergen UK plc in their combined gas cycle turbine 700 MW power station proposal at Gartcosh, North Lanarkshire in what was Scotland's second largest planning inquiry. We retain a continuing advisory role for Powergen in respect of its Scottish activities.
Aberdeen City Council - CHP Project
Brodies have been advising Aberdeen City Council on the ground breaking pilot combined heat and power scheme designed to bring affordable heat and electricity to Aberdeen's council tenants through the establishment of combined heat and power plants providing hot water, heat and electricity.
The pilot project has involved establishment of an arms length not for profit company - Aberdeen Heat and Power Company Limited - which is independent of the Council. The Company under contract with the Council is in the process of establishing a combined heat and power plant and will carry out, on behalf of the Council, the required alterations to the Council flats in the four tower blocks to be served by the Company with the first heat and power expected to be delivered to the tenants in late 2003.
If successful, the Council intend to roll out further heat and power plants in conjunction with the Company to serve the other Council tenants in Aberdeen.
The Brodies team are advising Aberdeen City Council and the Directors of Aberdeen Heat and Power Company Limited on all aspects of company structuring, financing, contractual arrangements, public procurement and energy regulation in connection with this project.
