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www.shepwedd.co.uk ENERGY NATURAL RESOURCES

INTELLECTUAL PROPERTY ENERGY NATURAL RESOURCES

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www.shepwedd.co.uk

INTELLECTUAL PROPERTY ENERGY NATURAL RESOURCES

The energy and natural resources sector plays a uniquely important role in global efforts to balance economic growth, environmental sustainability and social cohesion

Investment in infrastructure for the sector currently accounts for more than half of all industrial investment in the UK and is accelerating – with around £100 billion ($160 billion) of investment planned for electricity generation and transmission alone by 2020, requiring a doubling of the current rate of investment.

International competition for scarce energy and water resources, alongside continuing efforts to tackle climate change, is driving the transition to a low-carbon, zero-waste economy built around the deployment of low-carbon technologies, such as renewables, nuclear and carbon capture and storage, as well as the roll out of energy efficiency measures.

A key feature of this transition is the convergence of energy, water and waste industries, as evidenced by the use of anaerobic digestion technology by the UK water industry for the treatment of sewage sludge to produce around 1 TWh of electricity per annum (with the potential to reach 3-5 TWh by 2020). At the same time, fossil fuels continue to play a vital role in the UK

energy mix, with gas representing just under 40% of primary energy supplies and significant scope also opening up for unconventional hydrocarbon resources, such as shale gas.

In the meantime, challenging economic conditions raise difficult questions as to how ambitions for a secure, diverse and sustainable sector are to be funded at an affordable cost to customers whilst offering acceptable returns to investors. Shortage of finance from traditional sources is also helping to drive innovative approaches to financing major projects and spreading risk.

Our Energy & Natural Resources team is at the forefront of this sector and has an enviable reputation for successfully advising leading organisations within the sector on a wide variety of complex and innovative transactions.

Shepherd and Wedderburn’s dedicated team is drawn from experts across the firm with the specialist skills and practical experience necessary to take

projects from initial feasibility through to completion. The team has experience in the energy and natural resources sector and a proven track record of advising clients on matters relating to conventional power, renewables, oil and gas (upstream and downstream), water, waste and mining.

Our team regularly works with leading industry players, regulators, trade bodies, local authorities, developers and funders in all aspects of energy and natural resources projects, identifying industry risks and issues, analysing the implications for our clients and turning those insights into real added value.

The energy and natural resources sector plays a uniquely important role in global efforts to balance economic growth, environmental sustainability and social cohesion.

Sector Focus Our expertise and experience covers the full range of energy and natural resources sectors, for clients in the public and private sectors in the UK and overseas

• Construction and procurement

• Corporate M&A

• Corporate structures

• Dispute resolution

• Economic regulation and competition

• Employment

• Financing including Project Finance

• Intellectual property

• Joint ventures

• Planning and environment

• Property

• Public procurement / Public law

• Tax

Renewables

Low Carbon

Mining

Waste

WaterPower

Oil and Gas

Core sub sectors supported by our services

“The firm is pre-eminent for energy and waste”

Legal 500, 2013

Our recent experience

Renewables

Water

Advised in relation to a works contract with a consortium of house builders (City Legacy) for the provision of a sustainable district heating scheme for the 2014 Glasgow Commonwealth Games athlete’s village and thereafter the housing development

Acted for Green Highland Renewables in connection with an equity investment by VCT funds managed by Albion Ventures in the Ledgowan Hydro Scheme

Acted for Neart na Gaoithe Offshore Wind limited on all aspects of the 450MW offshore windfarm in the Firth of Forth, ranging from consents, grid, land usage rights through to surveys and vessel charters and including advice from our specialists in property, consenting, corporate finance and construction

Advising ORE Catapult on its merger with renewable testing and development facility, Narec to form a national champion for the development and cost reduction of offshore wind, wave and tidal energy across the UK

Acted as Scottish counsel to The Renewables Infrastructure Group (”TRIG”), a closed-ended investment fund in relation to its £300 million IPO, listing on the London Stock Exchange (and used to acquire a 276MW portfolio of 18 operational wind and solar parks in the UK, France and the Republic of Ireland, from RES and InfraRed)

Advised SMart Wind Limited, Mainstream Renewable Power and Siemens Project Ventures JV, developing Zone 4 Hornsea for 4GW of offshore wind, on the development of the entire zone

Advised Xylem Water Solutions UK Limited in the $57 million acquisition of PIMS Environmental services (Holdings) Limited

We advised and supported the Water Industry Commission for Scotland in relation to various elements of the Water Act 2014 as it was progressing through Parliament. That Act reforms the water industry in England and Wales, including reforming competition in the non-domestic retail market

We successfully represented Albion Water Limited in its multi-million pound claim for damages (both compensatory and exemplary) against Welsh Water in the competition appeals tribunal

We have been advising Bord Gáis on a number of matters including the legal aspects in relation to interconnectors between Great Britain and the Republic of Ireland

Acted for the Commission for Energy Regulation in its landmark case, culminating in the Irish Supreme Court, on the bidding of the carbon revenue levy into the Irish wholesale power market

We continue to act as sole advisors to the SEM Committee, supporting the Committee on the development of regulatory framework for the wholesale electricity market on the island of Ireland and advising on the application of the EU Third Energy Package

Advising in connection with various matters including equity raising, financing facilities for its development and production activities in Nigeria, corporate and restructuring, oil and gas sales agreements and acquisition and disposal of licence interests

We advised Cairn Energy on its sale to Vedanta Resources of up to 51% of Cairn India with a value of up to £5.65 billion and on the subsequent return of $3.5 billion to shareholders

Advising Bowleven on equity placings with an aggregate value of $375 million to raise finance for exploration activities and acquisitions

Advised Monsal Limited on engineering and construction contracts for the design and construction of various anaerobic digestion schemes to treat waste throughout the UK

Advised Viridor on its development of two major waste and resource management proposals, including the £200 million energy from waste facility at Dunbar, for which planning permission was granted following public inquiry

Acted for Aqua Resources Fund on its €20 million investment in convertible bonds conferring an interest of c. 28% in Waterleau Group NV, a global waste water and environmental technology, solutions and services company

Acted for Afferro Mining Inc in the c. $200 million acquisition of its entire issued share capital by a wholly owned subsidiary of International Mining and Infrastructure Corporation plc

Acted for EMR Capital Resources Fund I, L.P., an Australia-managed specialist resources private equity fund, in its £14.7 million tranched investment in West Cumbria Mining (Holdings) Limited’s Whitehaven coking coal project in NW England

Acted for Numis Securities Limited in the AIM IPO of MDM Engineering Group Limited and placing of common shares to raise £5 million

Mining

Waste

Oil and Gas

Power

SEM Committee

AQUA Resources Fund

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]

Euan McLeodPartnerT +44(0)131 473 5469M +44(0)779 560 0477E [email protected]

Kevin TaylorPartnerT +44(0)131 473 5299M +44(0)789 987 7469E [email protected]

Paul HallyPartnerT +44(0)131 473 5183M +44(0)779 864 6898E [email protected]

Hugh SmithPartnerT +44(0)131 473 5293M +44(0)771 863 7294E [email protected]

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

Walter BlakePartnerT +44(0)207 429 4933M +44(0)778 987 8400E [email protected]

Stephen TrombalaPartnerT +44(0)207 429 4968M +44(0)788 192 2424E [email protected]

“They’re excellent in this area. Their level of expertise is impressive, as is their responsiveness.”

Chambers and Partners 2014

Our multidisciplinary teamSupporting you

Construction and special projects

Corporate M&AProject finance Property

Economic regulation and competition

Planning and environment Dispute resolution

Gordon DowniePartnerT +44(0)131 473 5162M +44(0)771 863 7298E [email protected]

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

James SaundersPartnerT +44(0)131 473 5288M +44(0)771 863 7297E [email protected]

Scott McCallumPartnerT +44(0)141 566 7255M +44(0)770 347 1758E [email protected]

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

Guy HarveyPartnerT +44(0)207 429 4948M +44(0)752 567 9660E [email protected]

Ben PilbrowAssociateT +44(0)131 473 4682M +44(0)759 044 1464E [email protected]

Shepherd and Wedderburn’s lawyers are ‘on a par with any Magic Circle firm.’Chambers and Partners 2014

Gordon DowniePartnerT +44(0)131 473 5162M +44(0)771 863 7298E [email protected]

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

David AndersonPartnerT +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]

Scott McCallumPartnerT +44(0)141 566 7255M +44(0)770 347 1758E [email protected]

Guy HarveyPartnerT +44(0)207 429 4948M +44(0)752 567 9660E [email protected]

James SaundersPartnerT +44(0)131 473 5288M +44(0)771 863 7297E [email protected]

Ben PilbrowAssociate T +44(0)131 473 4682M +44(0)759 044 1464E [email protected]

“Shepherd and Wedderburn’s lawyers are ‘on a par with any Magic Circle firm.”

Legal 500, 2013

Regulation and Markets

Planning and Environment

Commercial Dispute Resolution

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

Aberdeen1Berry StreetAberdeen AB25 1HFT +44 (0)1224 343 555F +44 (0)1224 343 545

“When we were encountering issues they focused on delivering the best way around the problem.“

Chambers and Partners 2014

“Shepherd and Wedderburn draws praise for its ability to ‘provide pragmatic, quality and client-focused advice.”

Legal 500, 2013

© 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).

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