Shoosmiths LLP
  July 20, 2022 - Milton Keynes, England

The Perfect Storm: How to approach new build developments
  by Shoosmiths LLP

Switch2 Energy, Shoosmiths and HermeticaBlack came together to discuss procurement and delivery of new, low cost, low carbon heat networks.

Ian Allan, head of market strategy at Switch2 Energy, discussed:

Switch2 is the largest operator of residential HNs in UK with 150 employees, 80,000 properties, 500 heat networks and over 40 years of experience.

Heat networks are a key part of delivering on climate change obligations as they provide a clean and flexible solutions, can use different low carbon energy sources and they can be cheaper than individual heat pumps (in anything but small developments).

The Government’s ambition is to increase heat networks from 2% to 20% of heat delivery by 2050. New regulations are on the way, with a second reading of the Energy Bill in the House of Lords expected soon. Two key parts surrounding this will be zoning and the regulation of customer protection and technical standards.

Ian emphasised a need to look at paradigm shift, what with the new pricing of energy, plants and equipment being more expensive, supply chain issues and general rising costs. This means there is a new focus on doing things ‘lean and mean’.

The CIBSE Code of Practice CP1 was launched in 2015 (updated in 2020) to:

Whole supply chains need to be considered.

In the current regime, the adoption model is common – in which Switch2 is asked to take over management, operation and maintenance, and/or metering and billing of existing heat network. This generally leads to a lot of problems being discovered.

Switch2 is often asked to comment at design and build stage which can still be problematic, as it is still too late to-reopen design to make corrections.

Switch2 know how systems operate and have collected data across 500 schemes – developing an understanding of what demand is and when it happens, and how to size heat networks properly. Designers often work from standard sets of reference data, which can be out of date – as such not reflecting the real world.

Architects must understand heat networks going into buildings, specifically that:

An effective solution can be to use telemetry to inform maintenance operations and optimisation of heat networks – for example Formula 1 teams look at telemetry outputs from cars to see understand errors and what improvements may need to be made. Switch2 can identify problems before they cause outages – though highlight a crucial need to start early in planning stage to deliver on ambitions.

There are a number of stacking benefits for developers which use onsite generation, including:

Switch2 is currently working with developers around this concept.

Chris Holmes, managing director at HermeticaBlack, was next up to speak.

HermeticaBlack (HB) are development managers and asset managers for energy projects, working end to end but also at various stages of the energy process.

They focus on:

HB work with:

Real estate developers on:

HB cover:

HB are managers, not operators, and work with Switch2 on various contracts and risk profiles, ensuring assets work as they should, and there is viable mechanism to ensure strategy is maintained. They also work with Shoosmiths on contractual structures, and the pass down of risk.

HB are also involved at exit on behalf of client, including how to list on London Stock Exchange as well as helping developers to sell energy centres to existing ESCO market.

Their goal is to set up projects so market can take over especially considering upcoming regulation, with need to viably be able to hand over unless developer wants to retain role in perpetuity – highlighting it is important to understand strategy at outset of projects.

Energy management’s approach typically includes:

Approaches shouldn’t be just be led by regulation and policy, they should also question what you want to do, how to support product, what you think future will look like in your asset class and how energy can best support this.

Everyone who works in property is energy supplier at some level – there is a need to question:

There must be a market able to operate the assets to give value-added energy supply at the end point.

Various types of business case required at different stages:

There are ESG: SSDR regulations coming in for funding developments and how developers raise cash. Looking at litigation and challenging people across Europe is deemed not to be achieving outcomes – impacting what businesses do on strategic level.

There is a need design assets to best market practice in order to reduce inefficiencies over a long time, if not there is the massive issue of heat loss and overheating as result.

What matters? Designing assets for operation:

HB are still seeing direct electric coming through , poor performance and un-future proofed – which won’t be primary going forward. Electrically driven heat pumps (air, ground, water source) is where the business want to focus efforts.

There are commercial structures and funding structures, with grant funding and equity available depending on risk profile.

There are also multiple structures available, including:

In terms of delivery and monitoring , HB have process that they go through with clients:

Development must be aligned with what you’re trying to achieve, including:

HB do not take projects on without sustainability at forefront – but projects hat achieve all three parts of energy trilemma can be met if right approached at the outset of planning

James Wood Robertson, partner and head of energy and infrastructure sector at Shoosmiths, covered off the below in previous sessions:

In this session he discussed context for new heat networks, likely contractual arrangements and key issues for new heat networks

A carrot and stick approach was used years ago (typically using stick only), looking at planning requirements to connect to and the condition of land transactions that they agree to connect into primary district heat network.

There is now an opportunity to:

The opportunity to take on new heat networks operating properly risk sits with developer or operator, plans need to be outcome based and is vital to ensure the right team is around you.

From a lawyer’s perspective, it is important to question which party is best placed to manage risk? It doesn’t make sense for risk to sit with party not best placed to manage it, which can lead to costs getting carried away. Whatever structure is in place, there needs to be someone to build and install, design, operate and maintain operations.

There is an option to get fixed price turnkey projects based on standard form design, or they can be sliced up more.

Contested issues in plant installation contracts include:

New heat networks should be future proofed, much more than existing networks. They must still cater contractually for changes in law, manage through partnership arrangement, avoiding unexpected and dispute issues.

Questions

Integrated local energy systems – are they a real opportunity and way forward? Are you seeing opportunities in general terms, and are you excited?

Chris:

Ian:

James:

Ian:

Chris:

Ian:

Divisibility of energy assets – can they be separated out from the rest of the site for funding purposes?

Funds are interested in talking to developers about this, as they take financing and risk away from developers and manage on their behalf. There is an appetite but not awareness in development market that these funding solutions are available.

Chris:

James:

Ian:

 




Read full article at: https://www.shoosmiths.co.uk/insights/past-webinars/the-perfect-storm-how-to-approach-new-build-developments