Fields of Expertise > Energy and natural resources
Energy and natural resources
We provide legal assistance to Polish and international companies operating in the energy sector, with particular focus on current trends in low-emission conventional units and renewable energy sources, the expansion of network infrastructure, and energy storage. We also advise on e-mobility projects.
Renewable energy sources
- Investment process in the renewable energy sector, including securing title to real properties, obtaining grid connection conditions and concluding connection agreements, obtaining administrative permits and authorisations as well as EON, ION, and FON certifications
- Transactions and legal and tax due diligence of renewable energy projects, including real estate issues, permitting, regulatory matters and support scheme issues, key agreements, and cable pooling
- Renewable energy contracts, including joint venture agreements, EPC, BoP, O&M, and DSA agreements, as well as power purchase agreements such as cPPAs, mediation and arbitration proceedings arising in this context
- RES support schemes, including the auction system and FIT/FIP schemes
- Licences and permits for conducting business in the energy sector, including fulfilment of reporting obligations, contributions to the Price Difference Payment Fund, inspections and investigations before the President of the Energy Regulatory Office
Energy storage
- Investment process in the energy storage sector, including securing title to real properties, obtaining grid connection conditions and concluding connection agreements, obtaining administrative permits and authorisations
- Energy storage contracts, including joint venture agreements, EPC, O&M, and DSA agreements, capacity contracts and other energy storage revenue stream agreements
- Transactions and legal and tax due diligence of energy storage projects, including real estate issues, permitting, regulatory matters and support scheme issues, key agreements
- Entry into energy storage registers, fulfilment of reporting obligations, duties towards capacity market operators, inspections and investigations before the President of the Energy Regulatory Office
Energy transmission and distribution
- Legal advice at the stage of obtaining or amending connection technical conditions and concluding agreements on connection to transmission or distribution networks
- Legal advice on regulatory issues, including licensing matters for DSOs, tariff issues, reporting obligations of distribution companies, and inspections by the President of the Energy Regulatory Office
- Legal advice on participation in tenders for the construction, expansion, or modernisation of key network infrastructure, including transmission and distribution networks
- Legal advice on securing energy transmission and distribution services for industrial plants and data centres
Fuels
- Investment process in the fuel sector, including securing title to real properties, obtaining grid connection conditions and concluding connection agreements, obtaining administrative permits and authorisations
- Notification obligations, licences, entries to registers, and regulatory reporting
- Fuel supply contracts and claims arising from the settlement of such contracts, including those resulting from early termination
- Inspections and investigations before the President of the Energy Regulatory Office, fines imposed by the President of the Energy Regulatory Office, appeal proceedings before the Court of Competition and Consumer Protection
Nuclear energy
- Ongoing analysis of existing and projected regulations affecting the investment process for the Polish Lubiatowo-Kopalino Nuclear Power Plant, including the so called special-purpose act and related regulations
- Shaping legal regulations governing nuclear energy projects in Poland through active participation in key industry bodies: Polish Association of Construction Employers (PZPB), Polish Chamber of Power Industry and Environmental Protection (IGEOS), and International Nuclear Law Association (INLA)
- Legal assistance in selecting contractors and partners as well as on the subcontracting regime arising from local content conditions in connection with the construction of the Polish Nuclear Power Plant in Choczewo
- Analysis of the existing and projected regulations affecting the investment process in the field of MMR/SMR technologies in Poland
Contracts in the energy sector
- Investor cooperation agreements regarding energy projects, in particular advisory services concerning rights and obligations within joint ventures, shareholders’ agreements
- Legal assessment and negotiation of contracts related to the implementation of energy investments, including lease agreements regarding land for energy installations and infrastructure, easements, EPC contracts, grid connection agreements, BoP contracts, DSA agreements, development of own renewable energy sources, and ancillary cable pooling agreements, including the balancing of responsibilities among operators of individual installations
- Legal assessment and negotiation of agreements for the supply of green energy to off-takers, including trading companies, industrial plants, retail chains, office facilities, in particular cPPAs
- Alignment of contracts with market standards, assessment of contractual bankability, inclusion of requirements stemming from participation in support schemes, management of risks related to force majeure, legislative changes, and extraordinary change in circumstances
- Legal advice regarding amendments and supplements to energy sector contracts concluded under public procurement regulations, mediation proceedings, and arbitration disputes arising from the construction and settlement of RES investments
Financing in the energy sector
- Legal and tax advisory services regarding the financing of renewable energy and energy storage projects, in particular the drafting and negotiation of loan documentation, security agreements, and ancillary financing contracts
- Comprehensive legal and tax due diligence in connection with the financing of renewable energy and energy storage projects, including verification of title to real properties, analysis of the completeness of administrative permits and authorisations, assessment of compliance with regulatory requirements (including grid connection conditions and connection agreements), participation in support schemes, review of key contracts
- Legal advisory services during the performance of financing agreements, including the establishment and release of securities, fulfilment of conditions precedent, achievement of project milestones, amendments or supplements to project contracts covered by the financing
SELECTED PROJECTS:
For more than twenty years, our lawyers have been building practical expertise in the energy sector, having advised both international and Polish law firms and cooperated with energy companies active in the market. Selected projects on which we have advised include:
Renewable energy:
- Advising an institution financing a RES producer on the provisions and parties’ rights and obligations under a power purchase agreement (vPPA) to be in effect for more than 14 years between a RES producer and an end user;
- Advising an institution financing a RES producer on the provisions and parties’ rights and obligations under a power purchase agreement (vPPA) to be in effect for more than 12 years between a RES producer and an end user;
- Advising an institution financing a RES producer on the provisions and parties’ rights and obligations under a power purchase agreement (cPPA) regarding energy produced from a photovoltaic power plant portfolio to be in effect for more than 11 years between a RES producer and an end user (industrial sector) – according to press releases, this was one of the largest vPPAs concluded in Poland in 2022;
- Advising on negotiating EPC agreements for the construction of photovoltaic power plants, including the establishment of performance bonds;
- Advising on negotiating O&M agreements for photovoltaic power plants;
- Advising on securing the title to real properties for renewable energy installations, including negotiating and amending long-term lease agreements.
Energy project transactions and financing, including due diligence
- Advising an institution providing refinancing to RES companies including legal due diligence regarding the construction of two portfolios of photovoltaic power plants with a total capacity of over 170 MW;
- Advising a foreign fund including legal due diligence regarding an investment agreement to finance the construction of a portfolio of photovoltaic power plants with a total capacity of 66 MW;
- Advising a financing institution including legal due diligence regarding the construction of a portfolio of photovoltaic power plants with a total capacity of over 80 MW;
- Advising a financing institution including legal due diligence regarding the construction of a portfolio of photovoltaic power plants with a total capacity of over 70 MW;
- Advising an investor, including legal due diligence, regarding the purchase of photovoltaic projects with a total capacity of over 80 MW;
- Advising an investor, including legal due diligence, regarding a portfolio of wind energy projects with a total capacity of around 101 MW;
- Advising an investor, including legal due diligence, regarding the purchase of photovoltaic projects with a total capacity of over 800 MW at various development stages.
Other
- Advising on regulatory matters related to the rights and obligations of RES producers in the context of their obligations to make contributions to the Price Difference Payment Fund, including PV installations participating in the auction system;
- Advising on regulatory matters, particularly in the area of RES, including obtaining grid connection conditions, e.g. for photovoltaic power plants, negotiating and concluding connection agreements, and related proceedings before the President of the Energy Regulatory Office;
- Advising on regulatory matters related to the rights and obligations of RES producers participating in the auction system, including proceedings before the President of the Energy Regulatory Office and sanctions for breach of obligations arising from participation in the support scheme;
- Advising a leading Polish energy company on the preparation and selection of a foreign partner for the implementation of offshore wind farm projects in the Baltic Sea.
Energy infrastructure:
- Advising an investor on an EPC project involving the construction of a power plant with a 600 MWe gas-steam unit (project value over PLN 1.6 billion);
- Advising a Lithuanian operator of a transmission system regarding a cooperation agreement with a Polish operator of a transmission system in connection with the construction of the Harmony Link HVDC submarine cable (project value: around EUR 680 million);
- advising an investor on preparing and conducting proceedings leading to the conclusion of over 20 construction contracts for the modernisation and expansion of the heating network in Poznań;
- Advising an investor on the EPC construction of a 400/110 kV Ełk Bis substation;
- Advising the selected tenderer for supply and 10-year maintenance of a set of 10 compressor units for 3 gas compressor stations (Goleniów, Gustorzyn and Odolanów) within the Baltic Pipe program (project value: around PLN 550 million);
- Advising an investor on the conclusion of an amendment to the contract for the construction of two power units (5 and 6) at the Opole Power Plant (project value: around PLN 11.5 billion);
- Advising a contractor from a consortium on negotiating an amendment to a contract for the ECP construction of a state-of-the-art 1075 MW supercritical parameter unit at the Kozienice Power Plant (value of the project: around PLN 5.1 billion);
- Advising a general contractor on the modernisation of the furnace system of units 7—12 at the PGE Power Plant in Bełchatów; contracting entity: PGE GiEK (project value: over EUR 475 million (over PLN 1.9 billion));
- Advising a consortium of Polish and foreign companies on the EPC modernisation of units 4—6 at the Power Plant in Turów; contracting entity: PGE GiEK (project value: over PLN 625 million);
- Advising a general contractor modernising a fluid boiler exhaust system at the Żerań Heat Power Plant (project value: over PLN 60 million);
- Advising a chief designer of a new power unit at the Jaworzno III Power Plant on negotiating and performing a contract with a general contractor (SPV RAFAKO); contracting entity: Tauron Wytwarzanie S.A.;
- Advising a contracting entity on the performance of an EPC contract for design, supply and turnkey construction of a metathesis plant at a production plant in Płock;
- Advising a contracting entity on the preparation of a project involving the construction of a propylene glycol production plant with auxiliary installations and infrastructure;
- Advising a contractor bidding for a utilities-sector contract for the construction of a 450 MW power unit at the Turów Power Plant (project value: around PLN 1 billion);
- Advising an investor on the preparation for and selecting a contractor for the construction and the functioning of the Gdańsk Oil Terminal – stage I of the project of strategic importance for the development of the Polish economy and energy security (stage I value: around PLN 800 million);
- Advising the winning consortium in a utilities-sector tender procedure for the construction of a 910 MW unit at the Jaworzno III Power Plant (project value: approx. PLN 5.4 billion);
- Advising the selected consortium in a utilities-sector tender for the construction of two power units (5 and 6) at the Opole Power Plant with the installed capacity of 1800 MW (project value: around PLN 11.5 billion).
