Energy, Natural Resources and Utilities

Our recent experience includes advising:

• MYTILINEOS Energy & Metals in relation to its Corporate PPAs with Keppel DC REIT;
• Octopus Renewables on its acquisition, development and project financing of the Ballymacarney and Harlockstown solar projects (aggregate capacity of 250 MW);
• EirGrid on various complex offshore electricity arrangements;
• Bord na Móna on the development of various wind farms and energy storage facilities throughout Ireland;
• EirGrid in relation to a number of its electricity interconnector projects including its joint venture with Réseau de Transport d’Electricité SA for development of the Celtic Interconnector;
• Highfield Energy (a solar developer) in relation to a Corporate PPA with Meta (formerly Facebook) in relation to two of Ireland’s largest operational solar parks (combined installed capacity of 276 MWp) and advising Highfield with its partners Ib Vogt and Aura Power on the sale of these solar parks;
• Hanwha on the establishment and financing of a 200MW BESS project in the mid-west region of Ireland;
• Rabobank as lender in relation to its financing of two large-scale Irish solar parks (currently under development);
• Microsoft in relation to a portfolio of Corporate PPAs in respect of a significant portfolio of renewable projects being developed by Energia, Power Capital and Statkraft;
• One of Europe’s largest solar park contractors on its EPC and O&M contracts for 400MW+ of Irish solar parks;
• Sponsors and Lenders on over 2.5GW renewable and conventional power plant developments. This includes over 1.3GW of onshore wind farm developments;
• EirGrid and SONI on all aspects of the I-SEM project which is the new wholesale electricity market arrangement for Ireland and Northern Ireland. Matheson’s role involved drafting and advising on the new trading rules, the new capacity market code, the new grid code, the new trading rules for the day ahead and intraday markets in I-SEM as well as drafting amendments to EirGrid’s operational agreements necessitated by I-SEM;
• The Department of Environment, Climate and Communications on the drafting of the RESS and ORESS Terms & Conditions (providing a unique legal adviser insight into the fundamental design and operation of RESS and ORESS, Ireland’s renewable electricity subsidy scheme);
  Sellers and Purchasers on the sale and / or acquisition of major energy and infrastructure assets in recent years, including Ireland’s only oil refinery at Whitegate and Ireland’s largest oil storage terminal at Bantry Bay in County Cork;
• Vermilion Energy Inc.’s acquisition (valued at over €1 billion) together with a Canadian pension fund of Shell’s interest in the Corrib gas project. We have advised Vermilion Energy Inc. since 2008 when they first invested in the Corrib gas project. We are also retained by major international players in the market such as ExxonMobil, CNOOC and Woodside Energy;
• a large international utility on a range of electricity market contracts – including supply agreements and power purchase agreements (including corporate PPAs);
• Statkraft on its acquisition of a battery storage project in the south-west of Ireland;
• a large international energy developer on its acquisition of a large solar development portfolio;
• a number of large multinational technology companies and renewable energy developers in relation to the drafting and negotiation of corporate power purchase agreements (including the first to be announced in the Irish market) and on renewable energy procurement strategies, trading structures and related agreements;
• a number of offtakers on their entry to the gas and power markets as well as all of their electricity and gas trading and sale contracts;
• a large multinational company on the sale of an energy supply company in respect of a 37MW Irish wind farm to a large international technology company, including the negotiation of a REFIT-subsidised corporate PPA (the first in the Irish market);
• Partners Group (UK) Limited, a global private equity firm, on its acquisition of an interest in the Greenlink Interconnector, a project to construct a 500MW subsea electricity interconnector between Ireland and Great Britain;
• Irving Oil on the acquisition of Tedcastles Oil Products Unlimited Company and its associated subsidiaries; and
• a number of the largest global mining companies on their Irish assets.

Our team has advised on the vast majority of Ireland’s onshore wind farm, representing sponsors and lenders on over 1.3GW of onshore wind developments.  The team helps connect renewable electricity generators to multinational technology companies seeking green power.  Our colleagues are also at the forefront of the new wave of renewable supports and technologies, including battery

Our experience includes advising:

• A large international conglomerate and its local Irish partner on the development of a 200MW Battery Energy Storage System project in the mid-west region of Ireland (this is the one of the largest projects of its kind in Europe).
• ING Bank, Hamburg Commercial Bank, Rabobank, Aviva Investors and other domestic and international lenders / investors on their due diligence and financing of over 1GW of onshore wind farms.
• The Department of Communications, Climate Action and Environment on the drafting of the RESS Terms & Conditions (providing a unique legal adviser insight into the fundamental design and operation of RESS, Ireland’s renewable electricity subsidy scheme).
• A number of large multinational technology companies in relation to the drafting and negotiation of corporate power purchase agreements (the first to be announced in the Irish market) and on renewable energy procurement strategies. trading structures and agreements.
• GE in relation to its pre-construction purchase, development and sale of all of its Irish wind farms.
• A large international energy developer on its acquisition of a large solar development portfolio.

Ireland’s Government has targeted 5MW of offshore renewable electricity generating capacity by 2030.  Our team is already leveraging its significant experience in offshore energy developments and its deep knowledge of the upcoming Irish offshore renewable energy consenting regime to help major developers and lenders to prepare for the imminent wave of offshore energy development underpinned by explicit policy support and RESS subsidy auctions.

Our experience includes advising:

• Energia on various aspects of the Irish Government’s new offshore renewable energy permitting regime.
• A financial investor in relation to its investment in a portfolio  of offshore wind farm development projects
• In a previous role, Garret Farrelly advised on the acquisition of a 25% interest in Orsted’s 367MW Walney offshore wind farm, as well as the sale of Butendiek offshore wind farm in Germany and offshore wind farm development portfolio in Germany.
• In a previous role, a partner in our EU Competition and Regulatory team advised Centrica PLC on a joint venture with Orsted (formerly DONG Energy) to develop offshore wind farms in the Round 3 Irish Sea Zone.
• Partners Group (UK) Limited, a global private equity firm, on its acquisition of an interest in the Greenlink Interconnector, a project to construct a 500MW subsea electricity interconnector between Ireland and Great Britain.
• A multinational energy developer in relation to one of the largest offshore development wind parks in Ireland (including the foreshore lease and maritime permitting for the project)
• An Irish developer in relation to the development of the offshore wind farm development (Dublin Array) and subsequent sale of its interest in the project.
• On the majority of foreshore leases for offshore development projects in Ireland.
• Vermilion Energy Inc.’s acquisition (valued at over €1 billion) together with a Canadian pension fund of Shell’s interest in the Corrib offshore gas project. We have advised Vermilion Energy Inc. since 2008 when they first invested in the Corrib gas project and have advised upon all aspects of its offshore development and permitting, including Foreshore regulation and the construction of offshore pipeline infrastructure.
• Major international players in the offshore hydrocarbon exploration market such as ExxonMobil, CNOOC and Woodside Energy.
• Shannon LNG on all aspects of the permitting (including offshore and foreshore) of its proposed LNG regasification terminal
• A number of telecoms companies and technology companies on the construction and permitting (including foreshore) for their international fibre optic cables into Ireland.

Ireland’s high renewable electricity generating targets require a strong and stable grid infrastructure.  We see battery storage playing an essential role in Ireland’s renewable energy future, and our team is already advising on Ireland’s most significant battery storage projects as detailed below.

Our experience includes advising:

• a large international conglomerate and its local Irish partner on the development of a 200MW Battery Energy Storage System project in the mid-west region of Ireland (this is the one of the largest projects of its kind in Europe);
• Statkraft on its acquisition of a large battery energy storage project;
• RES on the sale of the 50MW Gorman Energy Storage Station in County Meath, Ireland to Scottish Power Renewables (UK) Limited;
• a large UK battery storage developer (who is developing a number of projects in the Irish market).  In particular, we have advised on DS3 auctions, ECP and advised on the DS3 form of contract (volume uncapped arrangements) which will be entered into with EirGrid; and
• our extensive experience advising EirGrid and SONI on the new Trading and Settlement Code for I-SEM provides us with a genuinely unparalleled knowledge of the Trading and Settlement Code and, in particular, specific rules for battery storage units trading in the market.

Our team advised EirGrid on Ireland’s I-SEM electricity market re-design (which helped to integrate the Irish electricity market with the wider European electricity markets) and the team continues to lead the market on grid and interconnection projects, which are essential to Ireland’s renewable energy ambitions and sustainability targets.

Our experience includes advising:

• Partners Group (UK) Limited, a global private equity firm, on its acquisition of an interest in, and regulatory matters in relation to, the Greenlink Interconnector, a project to construct a 500MW subsea electricity interconnector between Ireland and Great Britain.
• EirGrid and SONI on all aspects of the introduction of the new integrated Single Electricity Market (I-SEM) including drafting market rules. This was the largest and most complex energy regulatory project in Ireland for the past 10 years.
• EirGrid Interconnector DAC in relation to regulatory aspects for the East West Interconnector, including the Harmonised Allocation Rules and amendments to its licences required for I-SEM.
• EirGrid on the implementation of the EU Network Codes, and on a number of disputes under the Trading and Settlement Code in relation to a pricing event in January 2019.

Our team is one of the most experience energy regulatory teams in the Irish market. As well as having advised a broad range of suppliers, developers, traders, customers and other energy market participants, we have unique experience advising public bodies on the drafting of the electricity market codes as well as the terms and conditions in respect of the RESS auctions.

Our experience includes advising:

• EirGrid and SONI on all aspects of the I-SEM project which is the new wholesale electricity market arrangement for Ireland and Northern Ireland.  Matheson’s role involved drafting and advising on the new trading rules, the new capacity market code, the new grid code, the new trading rules for the day ahead and intraday markets in I-SEM as well as drafting amendments to EirGrid’s operational agreements necessitated by I-SEM.
• The Department of Communications, Climate Action and Environment on the drafting of the RESS Terms & Conditions (providing a unique legal adviser insight into the fundamental design and operation of RESS, Ireland’s renewable electricity subsidy scheme).
• A wide range of suppliers, developers, traders, customers and other energy market participants on all forms of energy market contracts, including power purchase agreements (including corporate PPAs), electricity trading agreements and electricity supply agreements. Our highly specialised lawyers have an exceptional understanding of energy regulatory matters as a result of this experience.

Ireland’s baseload power and heating demand is underpinned by natural gas and our team has decades of experience advising gas generating stations and the gas transmission system owner / operator on complex Irish law matters.

Our experience includes advising:

• Energia on various matters related to the operation and maintenance of the 744MW Huntstown CCGT generating station;
• the Commission for Regulation of Utilities (CRU) on the legal aspects of its regulation of Irish Water (Ireland’s national water utility);
• Gas Networks Ireland on the Third Energy Package;
• Tynagh Energy on all aspects of the construction and operation of its 440MW CCGT generating station (Ireland’s largest independent generating station) including I-SEM matters, a bespoke, highly complex and first of its kind for the Irish market gas and power management outsourcing agreement and legal matters relating to its credit agreements;
• Endesa in relation to all aspects of its trading arrangements and regulatory licences for its 2 thermal power plants (prior to their sale to SSE Generation).
• Ervia on regulatory matters in the gas sector;
• a number of large multinational technology companies on their water connections (and charges) and the development and construction of their water related infrastructure at their sites (including with Irish Water); and
• in relation to the development of LNG Regasification Terminal at Ballylongford, Co Kerry. This is the first LNG facility to be developed in Ireland and is a large, complex project, requiring significant regulatory input across a range of regulatory authorities and permits including at a European Commission level.

Ireland’s strategic energy policy requires a robust energy storage capacity and our team has advised on all of Ireland’s major oil storage facilities (along with the complex regulatory and environmental considerations associated with these assets).  Our team also advises clients on fuel storage and distribution in an industrial context.

Our experience includes advising:

• Warburg Pincus and Zenith Energy on the acquisition in 2015 from Phillips 66 of the Bantry Bay oil storage terminal (Ireland’s largest and most strategic oil storage terminal).
• A European hydrocarbon transportation and storage multinational on all Irish aspects of its bid for a portfolio of hydrocarbon storage terminals across Europe.
• CLH Aviación on all legal aspects of its services concession to design, build and operate fuel storage and distribution infrastructure at Dublin Airport, from concession negotiation through construction and operations.
• Irving Oil on the acquisition of Tedcastles Oil Products Unlimited Company and its associated subsidiaries (including fuel storage capacity).
• A sponsor and contractor on the development of Ireland’s first aviation fuel pipeline from Dublin Port to Dublin Airport.

For decades, our team has advised mining companies and major hydrocarbon prospectors / developers on their activities in Ireland.  Our team leads the market with practical advice on the legal complexities associated with developing, owning and operating businesses that rely upon the exploitation of valuable natural resources.

Our experience includes advising:

• On the permitting and regulatory regime applicable to the Corrib offshore gas field including complex disputes / contentious planning matters and stringent environmental regulations.
• One of the largest global mining companies on their Irish assets and companies managed from Ireland which cover a number of significant mining sites across Africa and Latin America.
• Oil and gas clients in relation to the Irish Licensing Terms issued by the Petroleum Affairs Division of the Department of Communications, Energy and Natural Resources.
• Oil and gas exploration companies, including Woodside Energy, ExxonMobil and CNOOC in relation to their exploration projects in Ireland.
• An international independent oil and gas company in relation to its farm-in arrangements for Irish offshore licences.
• On the applicable mining legislation and licence terms in connection with a potential transaction by GFL International Co., Ltd.,  a subsidiary of Jiangxi Ganfeng Lithium Co., Ltd. The transaction concerned 8 Mineral Prospecting Licences in Ireland.
• The holders of 2 Prospecting Licences over sites in Co Galway, Ireland, in relation to all aspects of the exploration, development and mining of mineral deposits located at those sites.
• In relation to the proposed acquisition of an Irish lead and zinc mine and related assets by Nystar
• Perilya Limited, an Australian base metals mining and exploration company,  in relation to its bid for a global portfolio of zinc mining assets including assets in Ireland.
• The Irish listed mining and exploration company, Arcon International Resources plc, in relation to the EUR93 million recommended takeover by Lundin Mining Corporation (Arcon owned and operated the Galmoy Zinc Mine, County Kilkenny).
• Australian resources company, Meridian Minerals Limited, in relation to its purchase of the Galmoy zinc-lead mineral processing plant.
• Conducted a review of the title to minerals and the registration of the ownership of those minerals with the Land Registry on behalf of several clients.