Picture of Robert Lane

Robert Lane

Partner
Head of Regulated Industries

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Robert is Head of the Regulated Industries team (power, water, gas, clean energy), and has been advising in the energy sector for over 25 years.  He is also Head of the CMS Energy Group across all CMS offices.  The practice is the market leader and has advised on, and created, many of the innovative and ground breaking elements of the developing electricity industry structures and markets in the UK and throughout the world.

His work covers all elements of the power industry, from nuclear through networks and renewables, and includes restructurings and market reform, privatisations, regulatory and commercial advice, M&A, financings, competition/regulatory appeals, trading and disputes

Robert advises utilities, infrastructure funds, governments, banks, regulators and large users of electricity on generation (conventional, nuclear and renewables), transmission, distribution, supply and interconnectors, structure, legislation, licences, secondary legislation, industry Codes including Grid Codes, Distribution Codes, Trading Codes, industry agreements, including connection agreements, capacity agreements, CfDs, on ancillary services, metering, disputes and CMA Appeals.  He also advises on M&A transactions, joint ventures and projects. He works extensively throughout the world with recent advice including in Saudi Arabia, Iceland, Japan and Mauritius.

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"Robert Lane is at the forefront of power work both in the UK and abroad. He is an acknowledged expert on electricity markets and is frequently consulted by governments on their regulation and structure. "He is very personable and extremely knowledgeable," say sources; "it is his many years of experience that allows him to turn problems into solutions." He is a Star Individual."

Chambers

Relevant experience

  • Transmission and Distribution:  all aspects of transmission and distribution issues, having originally restructured and privatised National Grid in 1990.  He wrote the E&W Grid Code, which has been one of the main templates for grid codes throughout the world, and developed the connection agreement and now code, the ancillary services arrangements, the wholesale trading arrangements (the Pool and subsequently NETA and BETTA).  In Northern Ireland, he restructured and privatised the industry in 1992 acting for Northern Ireland Electricity, developing the Grid and Distribution Code, connection arrangements, Power Purchase Agreements, Wholesale trading arrangements, and supply arrangements.  He has continued to advise in both jurisdictions covering issues such as Contestability, Balancing Arrangements, Incentives and price controls generally, and has worked on transmission and distribution related issues throughout the world, including in Australia, New Zealand, the Philippines, Inia, the US, Canada, Mexico, Italy, Slovakia, Belgium, Russia, Saudi Arabia, Japan and South Africa.  He also advises on Offshore Transmission (OFTOs).  In Ireland he advised on the restructuring of ESB, including on the Grid Code, connection arrangements, legislation and licensing, trading, and wholesale market reform.
  • Nuclear:  all aspects, with advice over the years including on Sizewell B, on the nuclear provisions in the Grid Code, on decommissioning in Slovakia, where he authored the funding legislation, on the creation of Horizon Nuclear Power and the development of the projects at Anglesey and Oldbury, on the bid for British Energy by an overseas utility, EDF Energy on nuclear new build in the UK.
  • Electricity Market Reform:  all elements of electricity market reform, restructurings and privatisations, having advised originally on the England & Wales and Northern Ireland restructurings between 1988 and 1993.  Most recently he advised National Grid on EMR in the UK, covering the CfD and capacity market regimes, which involved working closely with government and Ofgem, and the industry parties.  Other restructurings throughout the world include Victoria Australia, New Zealand, India, South Africa, Mexico, Russia, Ontario, Ireland, Greece, Saudi Arabia, Japan, Italy, Belgium and Turkey.
  • CMA Appeals:  successful on the first appeals to the CMA in relation to price controls, where he acted for a DNO in connection with the appeals brought by British Gas and by NPG against the ED1 distribution system price controls.  This was a brand new process, applied for the first time, and undertaken in a short time window. 
  • Interconnectors:  in 1988 in relation to the position of the existing England-France interconnector in the context of the E&W restructuring and privatisation, and has subsequently advised on nearly all the interconnectors since built and is currently advising on a number being planned and developed.  Recent advice has included on the Western Link, on the interconnectors to Belgium, to Norway, the Netherlands, on the Channel Islands Electricity Grid, on FAB Link and on IFA2.  He has also advised on the UK-Iceland link, on Eastern Link and the Moyle.  As well as HVDC links, he has also advised in relation to a number of AC links, and on capacity allocation arrangements, interconnector operating arrangements and interconnector trading generally. 
  • IME3:  all the internal market in electricity directives and their implementation in a number of European States, and recently has advised widely on certification of transmission under the IME3 Directive, including on the exceptional Article 9(9) models.  He advises on all aspects of European directives and regulations affecting the electricity industry. 
  • Conventional generation and renewables:  gas and coal powered projects, biomass, offshore wind, storage, district heating and cooling, and solar. 
  • Supply:  all aspects of supply businesses including licensing, regulatory requirements, M&A, supply terms, trading, metering, supply competition and establishing new supply businesses.  Philippines: on restructuring issues.
  • M&A:  purchasers and sellers in relation to nuclear, conventional generation, networks, supply and OFTOs.
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Education

1982 - Solicitor of the Supreme Court

1979 – LLB, UCL, London

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Memberships

Past Chairman, The UK Government's Power Sector Advisory Group

Executive Member, The Parliamentary Group for Energy Studies

Board Member, The British Electricity Association

Board Member, The Energy Industries Club

Chairman, The Energy Committee of the City of London Solicitors Company

Board Member of the Nuclear Industry Association

Appointed CBE in 2001 for services to trade and business.

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Expertise

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30/06/2016
CMS scoops En­ergy Team of the Year at The Law­yer Awards
11/08/2017
Ofgem launch Sig­ni­fic­ant Code Re­view on re­sid­ual net­work char­ging
On Fri­day 4 Au­gust, Ofgem launched the Tar­geted Char­ging Re­view (“TCR”) Sig­ni­fic­ant Code Re­view (“SCR”), which will set out how it in­tends to al­ter ar­range­ments for re­sid­ual charges for elec­tri­city net­works, along­side oth­er mat­ters.
05/03/2015
CMS se­lec­ted to ad­vise the Mex­ic­an Gov­ern­ment on Elec­tri­city...
03/08/2017
En­ergy Li­cence Modi­fic­a­tion Ap­peals: Pro­posed Change to Third Party...
On 24 Ju­ly 2017, the Com­pet­i­tion and Mar­kets Au­thor­ity (the “CMA”) pub­lished a con­sulta­tion on new rules of pro­ced­ure (and re­lated guid­ance) to be ap­plied in li­cence modi­fic­a­tion ap­peals un­der the Gas Act 1986, the Elec­tri­city Act 1989, the Elec­tri­city (North­ern.
05/01/2015
CMS strengthens plan­ning team with new ap­point­ment
28/07/2017
Gov­ern­ment pro­poses de-rat­ing changes to the Ca­pa­city Mar­ket im­pact­ing...
Fol­low­ing the re­lease of de­tails of the next Ca­pa­city Mar­ket auc­tions, the De­part­ment for Busi­ness, En­ergy & In­dus­tri­al Strategy (“BEIS”) is pro­pos­ing a num­ber of changes to the Ca­pa­city Mar­ket (“CM”) Rules in a con­sulta­tion pub­lished on 24 Ju­ly 2017 (the “Con­sulta­tion”).
05/09/2014
State Aid in the en­ergy sec­tor
Cur­rent is­sues - Sum­mer 2014
28/07/2017
The Fu­ture Flex­ible En­ergy Sys­tem one step closer
On Monday, the De­part­ment for Busi­ness, En­ergy and In­dus­tri­al Strategy (“BEIS”) and Ofgem jointly launched their “Up­grad­ing our En­ergy Sys­tem” plan on smart sys­tems and mar­ket flex­ib­il­ity (the “Plan”).
13/07/2017
De­tails of next Ca­pa­city Mar­ket auc­tion con­firmed by BEIS
The De­part­ment of Busi­ness, En­ergy and In­dus­tri­al Strategy (“BEIS”) has con­firmed the para­met­ers for both the next T-4 Ca­pa­city Mar­ket (“CM”) auc­tion for de­liv­ery in 2021-22 and the T-1 CM auc­tion for de­liv­ery in 2018-19.
27/06/2017
Ofgem con­firms its de­cision to slash em­bed­ded be­ne­fits
Ofgem has de­cided to con­firm its ‘minded to’ de­cision to im­ple­ment an in­dustry modi­fic­a­tion that will re­duce the main ele­ment of the em­bed­ded be­ne­fits re­ceived by cer­tain gen­er­at­ors for pro­du­cing elec­tri­city at peak times, after a con­sulta­tion with stake­hold­ers.
28/03/2017
Ofgem Tar­geted Char­ging Re­view Con­sulta­tion: Re­sid­ual Charges, Em­bed­ded...
Fol­low­ing on from the re­cent Tri­ads “minded to” de­cision, Ofgem has pub­lished a Tar­geted Char­ging Re­view (“TCR”) con­sulta­tion fo­cus­ing on (i) ‘re­sid­ual’ charges; (ii) smal­ler em­bed­ded gen­er­a­tion (“EG”) be­ne­fits; and (iii) stor­age charges.
02/03/2017
Ofgem’s ‘minded to’ de­cision to cut em­bed­ded be­ne­fits
Ofgem has pub­lished its ‘minded to’ de­cision (to­geth­er with an Im­pact As­sess­ment) to ac­cept an in­dustry pro­pos­al to re­duce sig­ni­fic­antly the pay­ments that cer­tain em­bed­ded gen­er­at­ors re­ceive for pro­du­cing elec­tri­city at times of highest de­mand.
14/12/2016
T-4 Ca­pa­city Mar­ket Auc­tion res­ults an­nounced: Ex­ist­ing gen­er­a­tion...
On 8 Decem­ber 2016, Na­tion­al Grid as the EMR De­liv­ery Body an­nounced the T-4 Ca­pa­city Mar­ket Auc­tion (the “Auc­tion”) pro­vi­sion­al res­ults. A total of 69. 77GW entered the Auc­tion (as we re­por­ted on here), of which 75% (52.
08/12/2016
Em­bed­ded be­ne­fits up­date
Em­bed­ded be­ne­fits have been an im­port­ant source of rev­en­ue for dis­tri­bu­tion con­nec­ted gen­er­at­ors. The reg­u­lat­or, Ofgem, fore­casts that the value of these be­ne­fits will rise sub­stan­tially to a level that may not prop­erly re­flect the value of dis­trib­uted gen­er­a­tion.
24/11/2016
The Fu­ture of Stor­age in the UK? – The Long-Awaited Call for Evid­ence...
On 10 Novem­ber 2016, the De­part­ment for Busi­ness, En­ergy and In­dus­tri­al Strategy (“BEIS”), in co­ordin­a­tion with Ofgem, is­sued the long awaited call for evid­ence on “A smart, flex­ible, en­ergy sys­tem” (the “Call for Evid­ence”).
04/11/2016
Pre-qual­i­fi­ers for the Ca­pa­city Mar­ket – will large-scale gas and...
On 14 Oc­to­ber 2016, Na­tion­al Grid pub­lished the re­gister of pro­jects that have pre-qual­i­fied for Decem­ber’s T-4 Ca­pa­city Mar­ket auc­tion for de­liv­ery in 2020/21. The breadth of tech­no­lo­gies that have pre-qual­i­fied provides an in­ter­est­ing in­sight in­to the fu­ture.
28/10/2016
The gov­ern­ment is­sues its re­sponse to the EC­CC's Low Car­bon Net­work...
The UK Gov­ern­ment has re­leased its re­sponse to the En­ergy and Cli­mate Change Com­mit­tee’s (the “EC­CC”) “Low car­bon net­work in­fra­struc­ture” re­port. In the re­sponse, the Gov­ern­ment has con­sist­ently sought to bal­ance the en­ergy tri­lemma of provid­ing a se­cure, cost-ef­fect­ive.
16/09/2016
New De­vel­op­ment for Hinkley Point C
New de­vel­op­ment On Thursday, 15 Septem­ber 2016, the De­part­ment for Busi­ness, En­ergy & In­dus­tri­al Strategy an­nounced  that a “re­vised agree­ment” had been reached with EDF and that Gov­ern­ment has de­cided to move for­ward with the new nuc­le­ar power sta­tion at.