Allens

Grant Anderson

Grant is an energy sector specialist, with extensive experience in general commercial and trade practices law. He also heads the Allens Climate Change Group.

In the climate change area, Grant advises clients on compliance with the National Greenhouse and Energy Reporting Act, the Energy Efficiency Opportunities Act, the Clean Energy Act and other similar legislation. He also assists clients in drafting submissions on major government initiatives such as the previous Carbon Pollution Reduction Scheme and the current carbon pricing mechanism. In addition, Grant advises on the establishment of projects in the energy, resources and forestry/land sectors, including carbon-related aspects of those projects.

For example, he advised:

• CBD Energy Ltd on the establishment of the King Island Solar Project;
• the financiers of the Neerabup and Braemar II gas-fired power stations on the electricity supply, hedging and carbon pricing arrangements relating to those power stations;
• Macquarie Bank on the establishment of a joint venture to invest in avoided deforestation projects in south east Asia and elsewhere; and
• on LNG and windfarm projects.

Grant's experience in the energy industry encompasses both regulatory and transactional work.

In the electricity industry, Grant was part of the legal team that advised the Standing Committee of Officials on some of the substantial energy market reforms that were undertaken in Australia in 2004/05, and he subsequently advised the Australian Energy Market Commission on its two major redrafts (2006 and 2012) of the National Electricity Rules in so far as they relate to transmission and distribution revenue and price regulation. Grant has also advised both the Commission and various Rule change proponents on a range of changes proposed to the National Electricity Rules.

In the gas industry, Grant's regulatory experience has entailed drafting the gas market bulletin board rules for the south and east Australian gas market and the natural gas supply continuity rules for the New South Wales Government. In addition, he was part of the team that drafted the national short term trading gas market rules, and advised AEMO on consequential amendments to the Retail Market Procedures for New South Wales/Australian Capital Territory and Queensland.

On the transactional front, Grant has acted in a number of transactions relating to the acquisition and disposal of a range of businesses in the energy industry (including for the Tasmanian Government in its purchase of the Tamar Valley Power Station and for State Grid in its cumulative acquisition of nearly 47 per cent of the South Australian electricity transmission business).

Grant has also advised governments on the sale of their energy assets. In particular he was a key member of the team that advised the South Australian Government on the restructuring, reform and privatisation of its electricity businesses in 1998-2000. As part of that team he played a major role in the drafting and negotiation of the privatisation contracts (leases, business sale agreements, etc) for each of the seven businesses that were privatised. Moreover, he was responsible for developing and drafting the legislation that established the South Australian Independent Industry Regulator (now the South Australian Essential Services Commission), the legislation that implemented the new licensing, pricing and technical/safety regulatory framework for the South Australian electricity industry, and the legislation that facilitated the disaggregation and privatisation of the State-owned electricity monopoly. Grant was joint leader of the team that advised the Queensland Government on the restructuring and sale of its electricity and gas retail businesses, and its gas distribution business, in 2006-2007. In this project Grant was particularly involved in the development and implementation of an operational model for the division of energy and revenue between the relevant businesses, as well as the drafting and negotiation of the sale contracts. Grant is currently advising the Tasmanian Government on the privatisation of its electricity retail business.

As part of his energy practice, Grant provides a range of advice to industry participants on industry-related contracts such as power purchase agreements, gas production agreements, electricity and gas connection agreements, gas transportation and sale agreements, interruptibility agreements and hedging arrangements.

From July 2009 to October 2010 Grant was a joint leader of the legal team that advised Queensland Treasury on the restructuring and float of the Queensland Government's coal and freight rail business (QR National).