Energy regulatory

Penningtons Manches Cooper brings together a wealth of experience in advising on all aspects of the ‘downstream’ electricity and gas markets. Our expertise spans from electric and autonomous vehicle production to retail supply, energy networks, renewable energy generation, and cleantech. We provide comprehensive legal and strategic advice, ensuring clients navigate the complexities of the energy sector effectively and sustainably.

Trusted partners to energy sector clients

Our lawyers are experts in navigating the ever-changing energy regulations, including REMIT, licence conditions, industry codes, and non-energy specific regimes like data protection, GDPR, and cyber-security. We excel in regulatory compliance and engagement with regulators and boast a strong track record in contested regulatory enforcement cases, including Ofgem enforcement work.

Ofgem frequently updates its regulatory framework to ensure fair treatment of consumers and promote market integrity. Breaches of these regulations can result in significant penalties, including fines of up to 10% of a company’s applicable turnover. Our team is adept at helping clients to both stay compliant and effectively manage any regulatory challenges.

By leveraging our expertise in corporate and commercial, intellectual property, real estate, construction, and engineering law, we offer comprehensive advice to traditional energy businesses such as generators, networks, and suppliers, as well as non-traditional actors like aggregators and non-commercial parties. This multidisciplinary approach allows us to address the full spectrum of legal issues that our clients face.

With the rise of electric vehicles, the need for specialised legal guidance has never been greater. We provide expert counsel to electric vehicle designers, manufacturers, and providers of battery technology and charging infrastructure on issues like intellectual property commercialisation, brand protection, data protection, commercial agreements, and regulatory compliance.

Bags of initiative and the ability to convey complicated issues in comprehensible terms.

Chambers UK

Our cleantech and renewables team combines the skills of lawyers across the firm to assist with procurement, funding and project finance, competition, corporate and joint venture structures, planning, environmental, property, project, and construction matters. We also advise on anaerobic, wind, solar, and marine energy projects, smart meters, and feed-in-tariffs. The extensive experience of our specialists in these areas ensures that clients receive comprehensive support throughout the lifecycle of their projects, from initial planning and development, through to ongoing operations and maintenance.

The energy sector is a dynamic, constantly evolving one – we aim to equip our clients with the tools they need to thrive in this environment. Whether handling compliance, commercial arrangements, projects, corporate transactions, regulatory investigations, or commercial disputes, our advice is always pragmatic, holistic, and strategically focused.

How we help our clients

Compliance with Ofgem licence conditions

Legal requirements for electric and autonomous vehicles

Capacity Market advice

Balancing Mechanism, Settlement and Grid Codes

Environmental schemes including the RO, FiT and RHI schemes

Ofgem investigations and engagement with the regulator

Renewable energy, cleantech and sustainability

Competition law

Useful resources

Recent work highlights

Investigation into UK energy billing model

Advising on restructuring the billing model of a national energy supply company in line with Ofgem regulations, and then assisting with rebuilding it, at a time when UK energy prices were at a high.

Solar framework for utility estate

Assisting a water utility company with the legal and commercial aspects of deploying 45 solar projects across its estate, including structuring a bespoke framework agreement and drafting tailored EPC, NEC, ECC, PSC and O&M documentation for installations.

Remit compliance and regulatory engagement

Acting for a power generation company on compliance with REMIT wholesale energy trading regulations, including obligations around market transparency and insider information, and supporting engagement with regulatory authorities to ensure alignment with expectations and energy market standards.

Greenwashing risk and enforcement advice

Providing guidance on risks arising from allegations of greenwashing in corporate advertising and promotional materials, including assessment of environmental claims, compliance with consumer protection and advertising standards, and strategic guidance to mitigate reputational and legal exposure.

Regulatory impact on energy innovation

Working with a non-regulated energy business on the regulatory implications of its commercial arrangements with licensed suppliers, including guidance on how the UK energy regulatory framework affects its innovative business model and opportunities for compliant market participation and growth.

Renewable heat support challenge

Challenging Ofgem’s financial support decisions for several smaller-scale renewable heat generators, including strategic advice on regulatory interpretation and evidence, as well as dispute resolution options to protect client entitlements under the Renewable Heat Incentive and related schemes.

High-value regulatory compliance advice

Advising a regulated energy network on a high-value and complex regulatory compliance matter, including strategic engagement with the regulator, interpretation of evolving obligations, and risk mitigation planning to ensure continued operational integrity within a tightly governd energy market framework.

Heat network compliance for housing

Acting for housing associations on compliance with heat network regulations, including obligations under the Heat Network (Metering and Billing) Regulations and upcoming legislative changes, helping clients navigate reporting requirements, consumer protection standards, and operational responsibilities.

Energy market regulatory compliance advice

Advising (separately) a number of regulated energy market participants on both existing and new regulatory obligations in legislation, licence conditions and industry code requirements and on current and future business operation compliance.

Ofgem investigation strategy and compliance

Creating a response strategy to an Ofgem investigation, including regulator engagement, interpretation of relevant regulatory obligations, and developing tactical approaches to manage risk, ensure compliance, and support the client’s position throughout the course of the enforcement process.

Electric and autonomous vehicles regulation

Assisting an electric vehicle infrastructure provider on contracts with key partners for charge point infrastructure, as well as on consumer law issues, and separately, advising other electric and autonomous vehicle developers on regulatory compliance.

High-value regulatory compliance advice

Advising a regulated energy network on a high-value and complex regulatory compliance matter, including strategic engagement with the regulator, interpretation of evolving obligations, and risk mitigation planning to ensure continued operational integrity within a tightly governd energy market framework.

Heat network compliance for housing

Acting for housing associations on compliance with heat network regulations, including obligations under the Heat Network (Metering and Billing) Regulations and upcoming legislative changes, helping clients navigate reporting requirements, consumer protection standards, and operational responsibilities.

Energy market regulatory compliance advice

Advising (separately) a number of regulated energy market participants on both existing and new regulatory obligations in legislation, licence conditions and industry code requirements and on current and future business operation compliance.

Ofgem investigation strategy and compliance

Creating a response strategy to an Ofgem investigation, including regulator engagement, interpretation of relevant regulatory obligations, and developing tactical approaches to manage risk, ensure compliance, and support the client’s position throughout the course of the enforcement process.

Electric and autonomous vehicles regulation

Assisting an electric vehicle infrastructure provider on contracts with key partners for charge point infrastructure, as well as on consumer law issues, and separately, advising other electric and autonomous vehicle developers on regulatory compliance.

Case studies

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