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We provide comprehensive legal services in the field of energy law, regulatory advisory and support for investment processes in the energy sector. We have unique experience in advising entities operating in the sector of renewable energy sources, including wind farms, solar farms and biogas installations. Our clients also include entities operating in the production, distribution and trading of electricity.

In the field of energy law, our experience includes in particular:

  • obtaining a license to perform operations in the area of ​​producing, processing, storage, transmission, distribution and trade in fuels and energy;
  • advising on connection to the grid, including obtaining connection rules for the network and concluding a grid connection agreement;
  • advising on removing network collisions, including obtaining conditions for removing a collision and concluding a collision removal agreement;
  • representation in proceedings before the President of the Energy Regulatory Office, in the appeal procedure as well as in judicial and court-administrative proceedings;
  • advising on pre-qualification proceedings for auctions for the sale of energy from renewable energy sources to the President of the Energy Regulatory Office;
  • transaction advisory on contracts regarding the sale, transmission and distribution of energy, and agreements on the trade in emission allowances and property rights resulting from certificates of origin (PPA / CPA, EFET);
  • comprehensive support for M&A transactions in the energy sector, including due diligence.

 

In addition, we advise on the comprehensive service of investment processes both in the field of conventional energy sources and renewable energy sources, including implementation of the greenfield projects.

These services include in particular:

  • advisory on environmental proceedings, including during the process of project impact assessment on the environment, all necessary arrangements or opinions and environmental decisions, including appeal and court-administrative proceedings;
  • advising in planning processes, including proceedings in the matter of adopting a study of conditions and directions of development as well as local zoning development plans, as well as decisions on development conditions and decisions on the location of public purpose investments;
  • advising on proceedings before road administrators, including the placement of a network in the strip of public roads, reconciliation of the location of exits;
  • advising on water-legal proceedings, concerning the exclusion of land from agricultural production, consent for cutting trees and shrubs;
  • advising on construction proceedings, including in the matter of issuing a decision on a building permit, a construction notification, a decision on an occupancy permit, notices about completion of construction, changes in obtained decisions;
  • advising on obtaining legal titles for land, necessary for the implementation of investments, including negotiations of property purchase agreements and long-term leases, lease agreements, use, easements of necessary areas;
  • advising on the field of contracts with contractors of documentation necessary for the implementation of investments, including environmental consultants, monitoring contractors, and designers;
  • advising on the field of contracts for the implementation of installations, including contracts for general turnkey contracting, installation infrastructure and contracts for the supply of equipment for generating electricity (including BOP, TSA);
  • advising on obtaining financing for the implementation of such investments, including negotiation of agreements with financing institutions.

We also have extensive experience in appeal and court-administrative proceedings regarding all decisions and arrangements issued in the course of investment processes, including in particular in the defense of decisions issued against charges of opponents of implemented investments.

Conducting over one hundred trials against the President of the Office of Competition and Consumer Protection, the President of the Office of Electronic Communications or the President of the Energy Regulatory Office, we gained extensive and unique experience in disputes before the Regional Court in Warsaw, and then before the Court of Appeal and the Supreme Court of appeals (or complaints) against decisions of regulatory authorities and at an earlier stage of administrative proceedings, including the imposition of fines.

We have advised on over fifty transactions regarding the purchase of renewable energy projects with a total capacity exceeding 1,500 MW, representing both the sellers and buyers of such projects.

 

Contact
Marcin
Koper
legal counsel
Partner

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