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Robert Lane

Partner

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

The firm is deeply saddened to announce that our friend and colleague Robert Lane passed away on Saturday 8th February 2020. Please click here to read a tribute to him. 

 

 

Robert Lane is Head of the CMS Energy Group, and is Head of Power and of Regulated Industries (power, water, gas & clean energy). He has been advising in the sector for over 30 years.

The Power/Clean Energy Practice is the market leader in the sector, covering all aspects, from nuclear, wind, solar and thermal generation through to networks, covering transmission, interconnectors and distribution, and projects and transactions in the sector generally, and includes M&A and financings, and commercial and competition/regulatory issues, trading and disputes.

Robert advises on all aspects, and clients include generators, networks, interconnectors, other utilities, traders, infrastructure funds, governments, banks, regulators and others. Work includes generation projects, with a focus on all types including nuclear, conventional and renewables, the commercial and regulatory aspects of projects, including subsidy arrangements, construction and project agreements, and offtake agreements. On networks, he wrote the first 2 Grid Codes in the world, and has written and advised on many others, and devised and documented the structures for network operation which is now the common model throughout the world, and writes and advises on legislation and all industry contracts, including connection, trading codes, CfDs, capacity agreements, ancillary services and project agreements. He has a particular expertise in interconnectors, having advised on many over the last 30 years, beginning with IFA1 and currently working on the first project financed interconnectors. He also advises on all aspects of regulatory matters, including regulatory appeals and disputes. He regularly advises on energy M&A transactions, joint ventures and projects.

His practice spans both the UK and the rest of Europe, and the wider world, with recent overseas advice including advice in Saudi Arabia, Oman and Japan. He regularly writes for industry publications and contributes to industry textbooks, the most recent one due to be published in the autumn of 2019 in Japan for investors into the UK.

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"A 'legendary name in the UK power regulatory space' and 'he is a statesman of the energy industry with a depth of knowledge of electricity grid-related issues that is hard to match'."

Legal 500, 2020

"Has a 'wealth of knowledge and experience'."

Legal 500, 2020

"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

a "luminary in the electricity markets field,"

Chambers, 2019

Relevant experience

  • Transmission and Distribution: all aspects of transmission and distribution issues, having originally been part of the core team restructuring the E&W electricity system in 1990, and the NI electricity system in 1992. Work included writing the Grid Codes in both places, the Connection Agreements (which in GB he subsequently converted to the CUSC), the trading arrangements (the Pool in GB and then the new trading arrangements – NETA and BETTA, and long term PPAs in NI) and the ancillary services arrangements. He continues to advise on network issues in GB and NI, with recent work including the separation of the SO and TO functions in GB, regulatory appeals to the CMA and EV Charging. He also advises on IDNOs. Overseas, work has included advice on networks and restructuring in many jurisdictions, with recent overseas work including Saudi Arabia and Japan, building on work in jurisdictions as diverse as Ireland, New Zealand, Italy, Russia, Mexico, Canada, India and South Africa.
  • Interconnectors: interconnector advice began in 1988 on the treatment of IFA1 in the GB electricity restructuring, and has continued with recent projects including being the lead partner on Western Link, Eastern Link, IFA2 (England-France), NSL (England-Norway) and the Channel Islands electricity grid interconnectors, covering all aspects of the commercial, project and regulatory elements. He has also given wider advice on Nemo (England-Belgium) and Britned (England-Netherlands), and on the proposed FABLink interconnector (England-France), and on the possible interconnector from Iceland to the UK. He has also advised on the Moyle. In addition to HVDC links, he also advises in relation to AC links, on capacity allocation arrangements and interconnector trading generally.
  • OFTOs: He advises on OFTOs, acting for bidders on the TR rounds, beginning with TR1, with advice on all aspects of the project including project agreements, maintenance, certification and connection arrangements. He is currently advising on a bidder on TR6.
  • Nuclear power: advising on nuclear generation in GB including on Sizewell B arrangements in the early 1990s, on the creation of Horizon Power, acting for the shareholders on this nuclear new build projects at Wylfa Anglesey and Oldbury, on the bid for British Energy and overseas has advised on nuclear issues in Slovakia, where he wrote the decommissioning legislation, and Saudi Arabia. He is a board member of the Nuclear Industry Association in GB.
  • Other generation including renewables: advising on a wide range of projects, both conventional and renewable, including Kilroot and Ballylumford in NI, peat generation in Ireland, waste to heat projects, wind and solar, and pumped storage. Work includes both the UK and overseas, including recently in Saudi Arabia on its renewables projects.
  • Electricity Market Reforms: all aspects of electricity market reforms, restructurings and provatisations, starting with the England and Wales Restructuring in 1988-90, and the Northern Ireland Restructuring in 1990-93. He has worked on all elements of reform in GB and NI since then, including Electricity Market Reform, which introduced the Capacity Market and CfDs, and the TO/SO Split, and a number of market developments. Other restructurings throughout the world include Australia, New Zealand, India, South Africa, Mexico, Russia, Canada, Greece, Saudi Arabia, Japan, Italy, the Balkans and Turkey. Work includes writing all industry documentation and also drafting legislation and licences.
  • Commercial and project advice: advising on all aspects of commercial and regulatory arrangements on power projects, including power purchase/offtake agreements, tolling arrangements, capacity arrangements, connection agreements, use of system arrangements, Crown Estate leases and licences, fuel supply arrangements, including coal, gas and pellets, EPC and O&M arrangements, ancillary services arrangements, decommissioning proposals and station leases including environmental arrangements.
  • CMA Appeals: successful on the first appeals to the CMA in relation to price controls, where Robert acted for a DNO in relation to appeals brought by British Gas and NPG on the ED1 price control. He is currently advising on RIIO2, and also advised on the CMP261 Codes appeal in relation to the CUSC.
  • Supply: he advises on all aspects of Supply arrangements, including advising supply companies, on setting up supply businesses, and the commercial and regulatory arrangements, including licensing, supply terms, trading, metering, supply competition.
  • REMIT and other regulation: he and the wider team regularly advise on REMIT and compliance with the requirements, and on enforcement action of both REMIT and wider licensing arrangements.
  • IME Requirements: regularly advises on certification requirements under the Internal Market Directives, including on Article 9(9) certification. He advises on all aspects of European directives and regulations affecting the electricity industry.
  • M&A: regularly advises in relation to M&A transactions in the industry, covering nuclear, conventional and renewable generation, OFTOs, networks and supply related businesses, with a recent example including the ENW distribution sale.
  • Gas and Water, and other sectors: he regularly advises in the downstream gas sector, with clients including Cadent and Centrica in GB, and overseas work including work in Saudi Arabia. On Water, he advises on all aspects with clients including Thames Water and Severn Trent, and again work also overseas including in Saudi Arabia and Oman, where he is currently advising on the new legislation. Other areas of advice include airports regulation.
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Education

  • 1982 - Solicitor of the Supreme Court
  • 1979 – LLB (Hons) - University College 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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Feed

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18 June 2019
An­nu­al Re­view 2018 – 2019
16 January 2020
Net­work char­ging re­forms fi­nal­ised
On 21 Novem­ber 2019, Ofgem pub­lished its fi­nal de­cision on its Tar­geted Char­ging Re­view (“TCR”) (the “De­cision”). This fol­lows Ofgem’s “minded to” con­sulta­tion of the same is­sued on 28 Novem­ber...
25 April 2018
De­liv­er­ing first-class ex­pert­ise to the wa­ter sec­tor
We have worked on wa­ter pro­jects around the world and bring our core ex­per­i­ence of com­mer­cial and reg­u­lat­ory frame­works op­er­at­ing across reg­u­lated in­dus­tries. We have ad­vised on some of the largest and most com­plex trans­ac­tions with­in the util­it­ies sec­tor
20 September 2019
Gov­ern­ment are con­sult­ing on pro­pos­als for a new smart meter policy frame­work...
Over­view Re­cent press re­ports sug­gest that the smart meter rol­lout dead­line has been “ex­ten­ded” or “delayed” un­til 2024. However, this is some­what a sim­pli­fic­a­tion of GB gov­ern­ment’s con­sulta­tion....
30/06/2016
CMS scoops En­ergy Team of the Year at The Law­yer Awards
CMS scoops En­ergy Team of the Year at The Law­yer Awards in Lon­don
13 August 2019
UK Gov­ern­ment con­sults on us­ing the RAB mod­el to fund new nuc­le­ar
On 22 Ju­ly 2019, the UK Gov­ern­ment’s De­part­ment for Busi­ness, En­ergy & In­dus­tri­al Strategy (BEIS) pub­lished, among oth­ers, its con­sulta­tion on a Reg­u­lated As­set Base (RAB) mod­el for nuc­le­ar power (the...
05/03/2015
CMS se­lec­ted to ad­vise the Mex­ic­an Gov­ern­ment on Elec­tri­city Re­form
CMS, in part­ner­ship with as­so­ci­ate firm Wood­house Lorente Lud­low (WLL), has been se­lec­ted to ad­vise the Mex­ic­an Min­istry of En­ergy (SEN­ER) on the re­form of the elec­tri­city in­dustry in Mex­ico. This his­tor­ic re­form pro­ject has huge pro­file in Mex­ico and glo
06 August 2019
UK CCUS policy – is the UK ready to cap­ture the op­por­tun­ity?
On 22 Ju­ly 2019, the UK Gov­ern­ment’s De­part­ment for Busi­ness, En­ergy & In­dus­tri­al Strategy (BEIS) pub­lished, among oth­ers, its pro­pos­als for busi­ness mod­els for Car­bon Cap­ture Us­age and Stor­age (CCUS)...
05/01/2015
CMS strengthens plan­ning team with new ap­point­ment
MS in Lon­don has ap­poin­ted Robin Hutchis­on as a part­ner in its grow­ing plan­ning/con­sent­ing/in­fra­struc­ture team with ef­fect from 5 Janu­ary 2015, Robin joins CMS from Pin­sent Ma­sons.
17 July 2019
Elec­tri­city stor­age li­cens­ing – an­oth­er step closer to reg­u­lat­ory cer­tainty
On 26 June 2019, Ofgem pub­lished its stat­utory con­sulta­tion no­tice and cov­er­ing let­ter on elec­tri­city gen­er­a­tion li­cence changes (“2019 Con­sulta­tion”), which sets out the reg­u­lat­or’s pro­posed frame­work...
05/09/2014
State Aid in the en­ergy sec­tor
Cur­rent is­sues - Sum­mer 2014
18 June 2019
Aim­ing high­er: UK Gov­ern­ment sets its sights on net-zero emis­sions by 2050
As an­ti­cip­ated, on Wed­nes­day, 12 June 2019, the UK Gov­ern­ment in­tro­duced le­gis­la­tion com­mit­ting the UK to re­du­cing its net con­tri­bu­tion to green­house gas emis­sions to zero by 2050. Once en­acted, this...