Technological breakthroughs such as blockchain and developments in AI stand to redefine the energy sector significantly, writes Charlie Morgan
Wind turbines are now widely seen as a symbol of clean energy, but their longevity and impact depends on far more than rapidly rotating blades.
Their effectiveness rests in large part on the digital networks underpinning them. After all, whilst the energy transition is complex, its success demands smarter, more nuanced connectivity between renewable energy sources, the grid and energy users. Such an intricate tapestry, woven with advanced and rapidly evolving technologies, makes it clear that digital advances will increasingly make or break wind projects in the years to come.
Digital technologies are transforming how wind projects are planned, executed and maintained, often playing a role in achieving the crucial final investment decision and ultimate project success.
For one thing, site selection is now far more than a mere choice of land. It is a strategic process guided by algorithms and data analysis. By leveraging digital tools, developers, financiers and legal teams can identify sites where the wind holds untapped potential using digital insights to shape the narrative of project financing, contractual agreements and the very foundations for enduring projects.
Through sophisticated software, wind turbines can be virtually tested and optimised before even breaking ground. This pre-emptive approach helps budget management, optimises designs and identifies potential failure points before they incur a cost.
That, however, is where we are today. Right now the internet of things is making its mark in the wind industry, creating 'smart' turbines and generating valuable data in real time – useful for predicting and preventing downtime.
Looking ahead, AI-driven design and operational strategies will fast-become a competitive advantage and an expectation for investors. Technological breakthroughs such as blockchain and developments in AI stand to redefine the energy sector significantly, including through the availability of more distributed models where local wind turbines power peer-to-peer networks.
This shift would see communities trading energy directly, empowered by the immutable ledgers of blockchain that enable automation of transactions and ensure security. Such advancements herald new opportunities for wind projects, challenging the financing and operation of conventional grid systems and pushing regulatory frameworks to evolve with the burgeoning reality of decentralised, digitally enhanced wind power generation and distribution. But legal uncertainty will need to be carefully managed in this context alongside operational innovation.
That's because the increasing digitisation of wind energy projects brings new risks. Take, for example, the software enabling remote monitoring and predictive maintenance of wind turbines; it's susceptible to bugs, breaches and outage – all risks that carry significant legal implications for operators. This means that long-standing principles of contract law have to evolve as attempts are made to delineate responsibilities for software upkeep, data integrity and system security.
To adapt a well-worn or perhaps, wind-swept phrase, with great capability comes increased expectations. Operators are expected to maintain the integrity of complex software systems, ensure the sanctity of sprawling data networks and safeguard intellectual property while remaining compliant across disparate legal regimes. Suddenly operators are not simply guardians of physical infrastructure – they are stewarding intricate digital frameworks underpinning the modern energy landscape.
Yet, for all its challenges, wind can still be an attractive investment, combining scale, a proven business model and ESG credentials. While it is fair to note that costs of capital have gone up alongside the associated challenges for wind projects' ability to attract investment, I don't see a lack of appetite for continued investment and development in this area.
The days in which the wind industry – propelled by cheap finance and plunging costs – looked a pain-free solution may be gone, but a more mature, resilient and globalised industry looks set to emerge in its place.
Charlie Morgan is a partner in law firm Herbert Smith Freehills' disputes practice.