Picture of Robert Lane

Robert Lane

Partner
Head of the CMS Energy Group

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

Robert Lane is Head of the CMS Energy Group.

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. 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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a "luminary in the electricity markets field,"

Chambers, 2019

"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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05/09/2014
State Aid in the en­ergy sec­tor
Cur­rent is­sues - Sum­mer 2014
09/01/2019
BEIS No-Deal BREXIT Le­gis­la­tion plans an­nounced
As our pre­vi­ous LawNow men­tioned, the De­part­ment for Busi­ness, En­ergy and In­dus­tri­al Strategy (“BEIS”) re­leased a let­ter on 14 Decem­ber 2018 sum­mar­ising a num­ber of pro­posed SIs re­lat­ing to the en­ergy sec­tor.
03/01/2019
No-Deal EU Exit: RE­MIT Con­tin­gency Ar­range­ments
Our re­cent LawNow high­lighted the in­crease in the num­ber of fines pur­su­ant to the Reg­u­la­tion (EU) No 1227/2011 on Whole­sale En­ergy Mar­ket In­teg­rity and Trans­par­ency (“RE­MIT”) be­ing im­posed by Na­tion­al Reg­u­lat­ory Au­thor­it­ies (“NRAs”).
02/01/2019
All change for net­work char­ging - Sig­ni­fic­ant Code Re­view launched...
On 18 Decem­ber 2018, Ofgem pub­lished its de­cision to launch a Sig­ni­fic­ant Code Re­view (“SCR”) in­to the elec­tri­city net­work ac­cess and for­ward look­ing char­ging ar­range­ments(the “Elec­tri­city Net­work Ac­cess Pro­ject”) (the “De­cision”).
21/12/2018
RE­MIT Up­date: More fines im­posed un­der RE­MIT
Na­tion­al Reg­u­lat­ory Au­thor­it­ies (“NRA”) in the en­ergy sec­tor are sig­ni­fic­antly step­ping up in­vest­ig­a­tions and fines pur­su­ant to the Reg­u­la­tion (EU) No 1227/2011 on Whole­sale En­ergy Mar­ket In­teg­rity and Trans­par­ency (“RE­MIT”) across Europe.
14/12/2018
The End of the Tri­ad? Up­date on Ofgem's Tar­geted Char­ging Re­view
On 28 Novem­ber 2018, Ofgem pub­lished its “minded to” de­cision on its Tar­geted Char­ging Re­view. The de­cision sets out Ofgem’s view that the re­sid­ual as­pect of elec­tri­city trans­mis­sion and dis­tri­bu­tion net­work charges should be based on fixed tar­iffs for dif­fer­ent.
06/12/2018
DE­FRA re­leases Na­tion­al Policy State­ment for Wa­ter Re­sources In­fra­struc­ture
On 29 Novem­ber 2018, the De­part­ment for En­vir­on­ment, Food and Rur­al Af­fairs (“DE­FRA”) re­leased a con­sulta­tion on its draft Na­tion­al Policy State­ment (“NPS”) for Wa­ter Re­sources In­fra­struc­ture. The draft NPS sets out a frame­work for DE­FRA and the Plan­ning In­spect­or­ate.
03/12/2018
Se­lect Com­mit­tee re­ports on wa­ter in­dustry reg­u­la­tion
In May 2018, the En­vir­on­ment, Food and Rur­al Af­fairs Se­lect Com­mit­tee (“EFRASC”) launched an in­quiry in­to the reg­u­la­tion of the wa­ter in­dustry. EFRASC’s con­clu­sions from the in­quiry were pub­lished in a re­port (the “Re­port”) on 9 Oc­to­ber.
13/11/2018
Pro­gress, but still much to do: An up­date on the Smart Sys­tems and...
On 16 Oc­to­ber 2018, the gov­ern­ment De­part­ment for Busi­ness, En­ergy and In­dus­tri­al Strategy (“BEIS”) and Ofgem re­leased a pro­gress up­date (the “Up­date”) in re­la­tion to their Ju­ly 2017 joint pa­per Up­grad­ing Our En­ergy Sys­tem: Smart Sys­tems and Flex­ib­il­ity Plan.
19/10/2018
RE­MIT Up­date: French reg­u­lat­or im­poses € 5 mil­lion for mar­ket ma­nip­u­la­tion
Reg­u­la­tion (EU) No. 1227/2011 on whole­sale en­ergy mar­ket in­teg­rity and trans­par­ency (RE­MIT) pro­hib­its mar­ket ab­use in re­la­tion to wholse­sale en­ergy products, re­quires ef­fect­ive and timely pub­lic dis­clos­ure of in­side in­form­a­tion by mar­ket par­ti­cipants and ob­liges.
01/10/2018
Elec­tric vehicles: homeside and work­side
Our art­icle on the Gov­ern­ment’s strategy on clean­er road trans­port, Road to Zero Strategy (“Strategy”), set out an over­view of the key in­ten­tion of the Strategy and oth­er re­cent de­vel­op­ments. Be­low we set out a little more de­tail how the Strategy ap­proaches.
21/08/2018
Is the Ca­pa­city Mar­ket fit for pur­pose?: BEIS is­sues Ca­pa­city Mar­ket...
On 8 Au­gust 2018, the De­part­ment for Busi­ness, En­ergy and In­dus­tri­al Strategy (“BEIS”) pub­lished a call for evid­ence for its re­view of the Ca­pa­city Mar­ket (“CM”) five years on since the le­gis­la­tion in­tro­du­cing the CM, the En­ergy Act 2013, was passed (“Call.