Energy law

One of the main areas of practice of our Law Firm is the provision of advice on regulations concerning the energy sector, including both conventional and alternative (including RES) energy industry. Within that scope, we rely on expertise, experience and knowledge of the specifics of the industry, gathered during many years of cooperation with energy companies and so-called industrial consumers. Our Clients are supported by us both with regard to issues relating to their ongoing activities in the field of energy, gas and heat production, trade and distribution and in implementation of innovative projects. We are aware that the present complexity of regulations concerning the energy sector poses a considerable challenge to entities operating in the sector with regard to risk management. That’s why, the main focus of our advisory services is to search for solutions which – by minimising regulatory burdens having their economic impact – allow our Clients to gain a competitive edge in the market.

Our legal advice includes the identification and interpretation of the scope of obligations related to business activities conducted in the energy sector (e.g. reporting to the Energy Regulatory Office /URE/, REMIT, RES support system, energy efficiency and security, public aid).

We represent Clients in proceedings before the President of URE and before courts (e.g. in matters regarding concessions, tariffs, administrative fines, proceedings regarding the suspension of supplies of energy, gas and heat and proceedings conducted under Article 8 of the Energy Law Act).

We offer assistance with the drafting of internal instructions, procedures and plans (e.g. Compliance programmes, IRiESD /Instruction of the Transmission System Operation and Maintenance/, procedures for changing suppliers, development plans).

We draft legal bills concerning energy law and represent Clients in the legislative process (e.g. we draft proposals for legislative provisions, file comments on the legislative proposals taken through successive stages).

We monitor amendments to the provisions of law affecting the daily business of companies.

We draft, negotiate and review purchase contracts (including those based on the EFET standard) and other contracts related to the business of energy companies (connection, distribution agreements, general distribution agreements (GUD), inter-operator distribution agreements (MUD), contracts with an entity responsible for trade balancing (POB), a trade operator (OH) and a technical trade operator (OH-T).

We draft contract templates, general contract terms and conditions, promotion rules and regulations.

Our team provides support in the change of a supplier (including the organisation of procurement proceedings and carrying out of the procedure for changing a supplier before the DSO).

We represent Clients in the connection process (also with regard to RES).

We carry our due diligence with regard to contractual and regulatory risks.

We make an assessment of processes implemented in the company and changes to individual areas of its business.