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Energy and Infrastructure

We understand the financial, political and regulatory challenges that the energy industry faces. We strive to make sure that no legal obstacles stand in the way of the implementation of projects defining the sector’s future – Magdalena Porzeżyńska, Ph.d.

Energy industry

Reduction of carbon dioxide emissions and the need to increase the share of renewable energy sources are currently the key factors shaping the energy sector. Market players struggle with the challenges of maintaining stable energy prices, while at the same time they must invest in cleaner sources of energy. This situation is affected by the growing prices of fossil fuels, limited resources and frequent changes in the regulatory area. Our knowledge of the conventional energy sector and renewable energy sources allows us to take a general view on the industry and stay open to innovative solutions. The extensive experience of our team in implementing regulatory projects, conducting litigation and running investments guarantees comprehensive legal support and consequently efficient fulfillment of business goals of any client from the conventional, renewable, co-generation, heating, gas energy or liquid fuels sectors.

Infrastructure 

We provide comprehensive legal consulting services related to the preparation and implementation of construction investment projects, in particular infrastructural expenditures. We offer advice in matters related to the preparation of investment projects, such as obtaining the necessary administrative decisions, negotiating agreements related to the execution of projects, participating in public procurement proceedings or preparing such proceedings. We also provide ongoing legal advisory services during the project execution stage and represent clients in any disputes that may arise in its course. Our experience makes us very effective in identifying risk areas during implementation of investment projects and in mitigating those risks.

Our clients:

  • electricity, heat, gas and fuel trading companies,
  • operators of gas and electricity distribution systems,
  • power producers,
  • oil and gas extraction companies,
  • technology vendors serving the energy sector,
  • electromobility companies,
  • startups working on solutions for the energy sector.

Scope of services:

  • Regulatory, corporate and contractual advisory services.
  • Conducting negotiations and disputes with regulatory bodies or other energy sector companies.
  • Preparation of expert assessments and opinions on the impact exerted by the regulatory environment on the activities of energy companies.
  • Representation in proceedings before the President of the Energy Regulatory Office and the President of the Office of Competition and Consumer Protection.
  • Advice and support in the process of obtaining concessions, permits and approvals in all areas of activity related to electricity and environmental protection.
  • Preparation of legal documentation for investment projects, including general contractor agreements, requests for proposals
    • where an investment project is carried out in accordance with the principle of competition, or tender documentation
    • for entities obligated to apply the Public Procurement Law.
  • Comprehensive legal support in PPP and concession projects either on the side of a public or private partner.
  • Comprehensive legal support for clients in the process of preparing and implementing different types of investment projects, including cooperation with the investor in the process of obtaining the necessary approvals and permits, conducting social dialog and mediation.

Completed activities

  • Advised a food industry client in the process of obtaining “white certificates” for an energy efficiency project worth more than EUR 8 million.
  • Provided ongoing advisory services in processes related to expansion of CNG refueling infrastructure.
  • Ongoing investment advisory services for one of the largest gas distribution network operators, especially in the field of public procurement and concessions for construction works and services.
  • Prepared a legal opinion on compliance of the bill of the “anti-windmill act” with the EU regulations governing the operation of renewable energy sources and the admissibility of public aid.
  • Represented a wind energy business in proceedings before the European Court of Auditors and the European Commission.
  • Carried out due diligence procedures for renewable projects, including for financing purposes.
  • Advised in the process of merging three wind farm operators in a single entity with a shared connection point.
  • Prepared a legal and fiscal analysis spanning the possibility of disposing of a company holding wind farms under a prepack procedure, giving consideration to the support in the form of EU funds acquired by the company, as well as the accounting revaluation of its assets.
  • Represented Clients in proceedings before the President of the Energy Regulatory Office and before common courts in cases related to the increase of energy prices.
  • Provided comprehensive support to a developer during the execution of an investment project involving construction of an apartment complex worth PLN 40 million.
  • Supported an investor in negotiations and singing of a general contractor agreement for an investment project involving construction of a shop floor worth PLN 50 million.
  • Supported an SPV in the process of obtaining a concession for electricity trading.
  • Supported an investor in the process of preparing a production plant investment worth over PLN 200 million, including support in negotiations with the local authorities of the place where the plant was to be located, supported the process of obtaining investment incentives.
  • Supported an investor in the process of preparing a production plant investment located in a special economic zone, including negotiations with the zone’s authorities as to the scope and conditions of an exemption.
  • Provided comprehensive support to an investor during the preparation of an investment project involving construction of an apartment complex, including obtaining the necessary permits and approvals, resolution of a conflict with owners of neighboring plots.

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