Alternative Energy & Power 2023

The Transformation of the Energy Industry and Its Regulation

We are pleased to present the Chambers Global Practice Guide for Alternative Energy & Power. It is an understatement to say much is occurring in this space. Amid a transformation of the electric energy and power industry, a number of factors are driving growth and innovation. Elements such as technological advancement, engaged and educated customers, and the seemingly daily reminder of significant climate change are all driving growth and development in this space.

As the market is evolving at a fast pace, the legal and regulatory systems are often forced to play catch-up. That is certainly the case with alternative energy. This edition of the Guide seeks to inform readers as to what various jurisdictions are doing to both respond to significant market changes, while at the same time, foster, encourage and manage the development of alternative energy resources.

Sector evolution

While change in the energy sector has always occurred, it has been at a much different pace in recent years. Whereas, the primary driver in the evolution of this sector was once the unbundling of the utility industry, that has clearly changed. Though the unbundling of utilities continues, the legal and regulatory framework in many jurisdictions is also evolving to encourage, if not mandate, not only new non-carbon sources of electric energy, but new entrants into the energy generation market. Every indication is that this will continue, and most likely accelerate, in many jurisdictions.

Unparalleled technological change

Today, much of the change in the legal and regulatory frameworks that pertain to the alternative energy sector are impacted, if not driven by, unparalleled technological change. While wind and solar generation have been around for many years, the scope and deployment of these energy resources is approaching levels that require changes to the existing legal framework in place in many jurisdictions. In addition, emerging technologies, which are critical to addressing and supporting efforts to decarbonise, are becoming more impactful. Things such as large-scale energy storage, hydrogen and even a potential resurgence in nuclear energy, are all creating pressures on existing legal and regulatory framework. These changes are causing jurisdictions to adjust in order to respond to these new and or emerging technologies.

Consumer impacts

All of these changes, whether they relate directly to decarbonisation or to the further penetration of alternative energy sources, impact the energy consumer. At the individual consumer level, this results in potentially significant increases in energy costs to facilitate and underwrite the increased electrification of our economies, as well as potentially more costly sources of energy generation. The impacts to large energy consumers, such as large manufacturing operations, can be game changers. For large industrial users of electricity, energy is tantamount to a raw material. An industry’s ability to manage potentially significant increases in cost over a relatively short period of time can have material consequences. Therefore, it is important for the legal and regulatory frameworks in various jurisdictions that are aggressively moving forward with decarbonisation and/or electrification, to manage the process such that the costs do not escalate out of control or lead to unintended economic consequences.

Global need

Ongoing efforts to decarbonise the energy and power sector, together with a push to use renewable energy resources to replace carbon-based generation, is creating both opportunity and tension. The opportunity is an almost limitless market to provide new and/or emerging technologies that do not rely on carbon or a carbon-based fuel to provide electric energy. There is also a very significant effort focused on further electrification of our economies and life. For example, transitioning from natural gas or coal as a source of heat, with an ever-increasing reliance on electric energy. This is creating incredible pressure on generation, transmission and distribution capabilities around the world.

Certain estimates of growth in the energy sector put this in some context. Growth in renewable energy (primarily solar and wind) may result in renewable energy generation representing almost 40% of all global energy generation by 2040. In certain jurisdictions the renewables penetration could be double that number.

The push to decarbonise the energy sector

With the tangible impacts of climate change seemingly presenting themselves on an almost daily basis, more and more countries are recognising the need to decarbonise their economies. What could have been a more gradual transition is now taking on the feel of a crisis. This is forcing very significant (and costly) changes to occur in a very short period of time. It is also forcing the existing legal and regulatory frameworks and systems in many countries to evolve at a pace that is uncharacteristic for this sector. Consequently, it is imperative for those entities that are either impacted or involved in the decarbonisation effort to use tools such as this Guide to better understand and facilitate the implementation of the decarbonisation efforts.