Expertise

We help businesses entities navigate the complex array of regulations that can affect their business. We provide legal solutions taking into account economic, engineering and geopolitical circumstances. We advise and represent our clients before public administration, Energy Regulatory Authority, Competition Authority, European Commission as well as courts and tribunals, including the Court of Justice of the European Union (CJEU).

We cover all aspects of energy business but have unique competencies in the following areas.

Energy Law & Regulation

We share our expertise in the electricity, natural gas, oil and heat sectors to help our clients to solve their legal problems related inter alia to market circumstances, regulatory uncertainty, governmental investigations or development of new and clean energy technologies.

We have experience inter alia the following aspects.

  • Energy regulatory challenges of energy companies
  • Regulatory requirements for hybrid energy systems
  • Energy concession, tariffs and grid codes administrative procedures
  • ICT determinants in energy sector, in particular the artificial intelligence (AI)
  • Energy system balancing rules and auxiliary services
  • Unbundling requirements
  • Hydrogen regulation
  • Certification of transmission system operator (TSO) and distribution system operator (DSO)
  • Certification to energy support mechanisms (capacity market, RES-E, CHP)
  • Connection to the grid and administrative procedures for refusal to connect
  • Exemptions to regulation for specific energy infrastructures (gas pipelines, LNG)
  • Fulfilment of mandatory gas and oil storage requirements, including abroad.
  • Requirements for energy storage
  • Protection of privacy, including personal data in the energy sector
  • Representation before national energy regulatory authorities (NRA) and courts or tribunals, including the Court of Justice of the European Union

Renewable Energy and Disperse Generation

Renewable energy is a rapidly expanding market, facing a broad range of challenges. We advise on the entire life cycle of renewables assets (from development, commercial contracts, construction & project financing to mergers & acquisitions). We advise on creating legal and regulatory models for economically efficient hybrid models.

We have experience inter alia the following aspects.

  • Modeling of regulatory and economic determinants of investments
  • Advice on financing, including public support schemes and market financing
  • Due diligence on projects in the fields of onshore and offshore energy generation, incl. wind energy, solar thermal energy, photovoltaics, geothermal energy, biomass, hydropower, sewage gas and mine gas, hydrogen
  • Support for grid connection procedure
  • Support for modelling solutions operating in closed and hybrid systems
  • Modelling and settlement of obligations relating to the promotion of renewable energy sources, co-generation and the emissions trading scheme

Energy Competition Law

Competition policy models the direction of development of the energy sector. As markets decarbonise and digitalize, new competition challenges develop. We advise on state aid, abuse of dominant positions, cartels and mergers.

We have experience inter alia the following aspects.

  • Compliance of business activities with competition law regulations.
  • Verification of the need to consider or notify support as state aid
  • Compatibility of long-term supply contracts or grid access contracts with competition law
  • Adequacy of prices and other terms and conditions for electricity, gas, oil and heat
  • Cooperation between energy supply companies, TSO, DSO and energy service providers under Polish and the EU competition rules
  • Representation before the President of the Office of Competition and Consumer Protection and the European Commission

Energy Environmental and Climate Change Law

The environmental and climate change issues have great impact on energy law and regulation as well as on the energy sector as such. Modern energy law and regulation consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a secure and affordable energy supply. We advise on how to manage the energy sector entities in a way that takes account environmental and climate change aspects in the whole life cycle of its products and services.

We have experience inter alia the following aspects.

  • The Life Cycle Assessment (LCA) in line with the EU requirements
  • Environmental due diligence and transactional advice
  • Environmental compliance
  • Modelling and settlement of obligations regarding climate change
  • Environmental impact assessment and approval of energy, infrastructure, resource and development projects
  • Environmental litigation and enforcement

Energy Contracting & Trading

The management of contract risks in the energy market requires the anticipation of all possible scenarios that may occur. The greater the knowledge and experience of lawyers, as well as the ability to take a multidisciplinary view, the more likely it is to eliminate the risk. The wholesale market transparency requirements impose additional conditions. Our advice takes these issues into account in order to create rational regulatory models.

We have experience inter alia the following aspects.

  • Drafting and negotiation of energy supply contracts at wholesale and end customer level
  • Drafting and negotiation of grid connection or grid access contracts
  • Negotiation of energy trading contracts and emission rights trading on the basis of model contracts (EFET)
  • Reporting and publication obligations, including rules on market manipulation and insider trading

ICT in Energy

Information and Communication Technology (ICT) can play a major role in mitigating different challenges of the energy sector, from energy management, climate change, waste management to energy scarcity. Our advice takes these issues into account in order to create rational regulatory models. We follow global trends and provide advice on regulatory modelling of energy systems and energy use with ICT solutions.

We have experience inter alia the following aspects.

  • Regulatory models of network energy economy
  • Regulatory models of “Internet of Energy”
  • Changes in energy supply chains
  • Smart energy systems
  • E-mobility
  • ICT in hybrid energy systems
  • AI (artificial intelligence) in energy sector