The following Energy guidance note Produced in partnership with Matthew Collinson of Energetics provides comprehensive and up to date legal information covering:
In order for a new connection to be made, whether to a generator, a home, an office or an entire new development, new network infrastructure will need to be built. As network operators recover the capital cost of installation over an extended period of time (by charging suppliers for use of the network), a key concern for the operator will be the security of the network asset—ie the right for it to be and remain installed in the land.
This usually involves a mixture of statutory powers granted to licensed electricity distribution and transmission network operators as well as private rights in the form of long leases and easements.
Section 10 and Schedule 4 of the Electricity Act 1989 (EA 1989) grant street-opening powers to licensed electricity generators, network operators, suppliers and interconnector operators (referred to as ‘licence holders’ in this Practice Note) to the extent set out in, and for purposes connected to, their licence. Generation licensees can also use their street-opening powers for equipment connected with the supply of heat or cooling effects to premises, ie for combined-heat-and-power (CHP) or combined-cooling-heat-and-power (CCHP) plant under EA 1989, ss 10(3) and 10(3A).
Street-opening powers can only be used on streets dedicated to public use, and cannot be used to place assets in, through or against a building. If
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