Governments around the world are responding to pressure to address climate change with new regulatory approaches: traditional generation assets such as coal and nuclear have seen utilisation rates fall as a result of regulatory restrictions. Other measures such as the introduction of carbon taxes and price caps further change the economics of energy business models.
Onging changes to market frameworks such as the development of local flexibility markets and the broadening of access to traditional income streams such as the Balancing Mechanism provide new opportunities, but the final shape of these changes is not yet known. In addition, proposed changes to the charging regime for network access represent a major source of uncertainty for market participants at all levels.
I work with asset and project developers to understand how the changing market environment will impact their business models. I help them to prepare for discussions with investors, clearly articulating the business case and associated risks.
I work with clients of all types to structure or re-negotiate commercial contracts. Sometimes, disputes arise, often as a result of high levels of contractual complexity, or the need to accommodate market or regulatory change. Sometimes accidents occur and assets suffer physical damage. I provide expert witness support to clients to help them sucessfully conclude either a negotiated settlement or litigation.
Areas of focus
Advising companies and investors in the process of acquiring or disposing of energy assets
- Asset valuation
- Analysis of any associated hedging portfolio and advising on any hedge novations or re-structuring
- Post acquisition management and monitoring including asset optimisation strategies and securing route-to-market arrangements if required
Guiding clients though the process of hedging asset-based financing transactions
- Identifying and evaluating risk and risk appetite
- Restrictions on contingent risk
- Negotiation of volume limits
- Advising on best execution and post-trade monitoring
Helping clients to understand the public and private equity and debt markets and accessing wider liquidity pools
- Assisting clients in developing their approaches to potential investors including preparation of offering documents and investor presentations
- Supporting clients in the due diligence process, and in their negotiations with potential investors
Provising expert-witness services
- Helping clients resolve contractual disputes across the full range of energy-related contracts
- Supporting clients in relation to loss of use/ loss of earnings claims
- Re-negotiating contracts to remove problematic clauses to reduce the scope for future disputes