INDUSTRY: POWER SECTOR, NATURAL RESOURCES, CHEMICAL INDUSTRY

Our team of specialists in energy law advises investors, energy companies, energy project developers, producers, network operators, energy traders and sellers, energy buyers, as well as clients from energy-intensive sectors. We also work for the providers of financing in energy projects.

We provide comprehensive advice on all the  issues that are relevant to the energy sector, such as investments in energy infrastructure, the regulatory duties of the players in the energy and fuels markets, and emission rights. We represent clients in regulatory disputes concerned with penalties, tariffs, State aid as well as in disputes arising in situations where a party intends to connect to the network, and over the designation of network operators. Optimisation of the purchasing costs of energy and fuels by industry operators, including those active in energy-intensive sectors, also falls within our field of expertise.

Noting the ever growing number of duties imposed on energy suppliers and buyers, as well as the various forms of incentives available to participants on the energy market, we explain the practical consequences of the legal rules in a clear and understandable manner. We know both the law and practical and business aspects of energy and fuels markets. We help adjust to new regulations and manage the legal risks inherent in the changing regulatory framework. Our advice on energy law questions covers legal issues that are brought into the picture by civil law, as well as commercial, criminal, tax competition, and state aid law. It is always practical, whether the client needs to employ a typical solution that is common on the market or a tailor-made idea.

By way of example, we provide advice on:

Investment in energy infrastructure
We advise clients in connection with the implementation of their investments in energy infrastructure, such as energy generation plants, networks, storage facilities, and DSR resources. We represent clients:

• in the process of obtaining rights to real estates and the necessary permits (such as environmental permits, location decisions, land development decisions, construction permits, permits to use environmental resources, and permits to end use),
• in the process of securing financing (e.g., negotiating credit facilities and due diligence for financing institutions),
• in the process of securing support facilities (assistance in applying for grants, certificates of origin and energy efficiency certificates, and in auctions on the renewables and power markets, under support schemes for energy intensive sectors),
• in connection with the construction, deployment and exploitation of facilities (negotiating EPC contracts, technology transfer and supply of equipment contracts, as well as maintenance contracts).

Transactions
Clients can count on us in takeover processes. We provide support with identification of potential targets or investors, draft due diligence reports, and draw up and negotiate contracts.

Compliance with regulatory duties
We represent and advise clients on how they should ensure they comply with the regulatory duties imposed on participants in the markets for energy, fuels and emission rights:

• we advise with regard to permits, concessions and registrations,
• we support clients in connection with their reporting and information duties,
• we carry out compliance audits and draw up internal compliance procedures, e.g., to ensure REMIT compliance (electricity and gas markets), MAR compliance (emission rights), the so called “fuels package”, competition and consumer protection laws, and the unbundling regulations.

Regulatory disputes
We represent entrepreneurs in regulatory disputes, in particular those concerned with fines, connections to the networks, tariffs and accounting for State aid funds.

Optimisation of costs of acquisition of energy and fuels
We advise industry operators on the purchase and optimisation of the costs of acquisition of energy and fuels. We support clients in tenders when they wish to switch to another supplier, negotiate contracts to purchase energy and fuels or amend existing contracts (including long-term ones), invest in energy effective solutions such as infrastructure that allows them to limit consumption of energy and fuels. We handle matters related to DSR programs and participation in incentives programs (compensation to buyers from energy-intensive sectors). We represent them in disputes arising under supply contracts. We have represented energy consumers, with success, in disputes over breach of restrictions on energy consumption.

Project finance
We advise financing parties in analyses of the projects they finance; we draft, negotiate and advise on the implementation of contracts and other related documentation (credit facilities, loan agreements, bonds issues, and capital investments).