Energy Law & Environmental Compliance

Energy Enterprises

We provide services for energy companies covering production, distribution, and turnover of electric energy, heat, and gas and liquid fuels in the energy sectors. The scope of our competence covers particular regulatory issues such as: responsibilities of licensed companies and their sanctioning by the Chairman of the Energy Regulatory Office, concession and tariff proceedings, adversarial proceedings, support systems for renewable energy, high performance cogeneration and energy efficiency, capacity market and issues related to the carbon emissions trading permissions. Our clients include one of the biggest energy enterprises in Poland.

Our services include:

  • advising on the compliance of performed or planned activity with the regulatory requirements of the energy market: we design legal solutions adjusted to specific business models;
  • risk analysis of regulatory requirements: we identify them and present the methods of minimizing them;
  • drafting and reviewing of agreements concerning the performance of business activity on the market of electric energy and gas and liquid fuels;
  • representation in the proceedings before the Chairman of the Energy Regulatory Office, and in adversarial proceedings.

Experience highlights:

  • support for PGE S.A. and companies belonging to the PGE Group within the scope of implementation of business projects on the electric energy market;
  • strategic regulatory support for Enea S.A. and companies belonging to the Enea Group;
  • regulatory support for PGNiG S.A. and PGNiG Obrót Detaliczny sp. z o.o.;
  • regulatory support for Fortum Heat and Power Polska sp. z o.o.
Industrial Plants

We have vast experience in providing legal services for big consumers of electric energy (especially industrial plants) within the scope of all the issues related to providing these plants with electric energy, heat, and gas. Our lawyers have provided legal services for several dozens of industrial plants in such industries as: chemical, glass, cement, paper, and mining and metallurgy of non-ferrous metals.

We provide legal services covering such matters as:

  • investment in one’s own source of electric energy or heat;
  • issues related to the delivery of electric energy, gas, or heat to other consumers;
  • advising on the formation of energy management in the given industrial plant or capital group, including such issues as autoproduction and optimization of costs of obtaining energy supplies using various tax deductions and exemptions;
  • drafting and negotiating agreements with the suppliers of electric energy, gas, and heat;
  • participation in renewable energy sources auctions and capacity market.

Experience highlights:

  • long-term regulatory support for the Forum of Polish Energy and Gas Consumers (an association consisting of major industrial plants in Poland);
  • regulatory support for Grupa Azoty Zakłady Azotowe „Puławy” A.;
  • analysis and implementation of a model of energy management in Pilkington glassworks;
  • regulatory support for Zakłady Górniczo-Hutnicze Bolesław S.A.
Renewable Energy Sources

We have been working on renewable energy projects ever since this industry was established in Poland. We have participated in both the legislative work on key national legal acts regulating the operation of renewable energy sources, as well as handling legal services for the first big investments related to the renewable energy sources in Poland.

Our expertise covers:

  • advising on investment decisions in renewable energy sources installations or buying such installations;
  • executing due diligence and handling purchase and sale transactions for renewable energy sources projects;
  • ongoing legal services for renewable energy sources entities, including companies belonging to the biggest Polish energy groups;
  • drafting contracts for sale of electric energy.

Experience highlights:

  • legal services for companies created as part of the PGE Capital Group in order to serve as operators of offshore wind farms;
  • vendors due diligence of the assets of Element Power Polska sp. z o.o. (wind farms) as part of the international audit of the Element Power Group’s assets;
  • legal support within the scope of the construction of PV installations for MLP Energy sp. z o.o.;
  • obtaining a concession to product electricity in the PV installation for Przedsiębiorstwo Państwowe “Porty Lotnicze.”
M&A

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Legislation

In response to market expectations and frequent changes in the law, we have developed expertise in advising on legislative matters. In the last few years, our lawyers have participated in numerous legislative processes. Some of them concerned e.g., the amendment of the Energy Law Act, the amendment of the Act on Renewable Energy Sources, the amendment of the Act on the Capacity Market and the Act on the System of Contributions for Energy-Consuming Sectors and Subsectors. We prepared both projects of the entire legal acts (bills and resolutions) as well as individual legal solutions as members of working groups created for the appropriate ministry.

Our legislative services include:

  • preparing amendments to draft legal acts (in the form of professional legislative drafts with the statement of reasons);
  • support during public consultations and parliamentary works;
  • monitoring of legislation (monitoring legislative work of ministries, Sejm [Polish Lower House of Parliament] and Senate as well as law-making bodies of the EU);
  • preparing legal alerts regarding drafted changes in the legal environment and their results.

Experience highlights:

  • participation in the working group appointed by the Minister of Economy to create legislative solutions aimed at improving competitiveness of Polish industrial plants;
  • participation in the legislative work on the amendments of the Energy Law Act, the Act on Renewable Energy Sources, the Act on the Capacity Market and the Act on the System of Contributions for Energy-Consuming Sectors and Subsectors as requested by the Forum of Polish Energy and Gas Consumers;
  • preparing projects of legislative solutions as requested by energy enterprises.
Environmental Protection

National and EU climate policies have a fundamental impact on energy sectors. We have experience in handling legal issues related to the environmental regulation  in the power industry.

We advise on environmental protection law, nature conservation, the disclosure of information on the environment and its protection, environmental impact assessments, waste management, industrial emissions and integrated permits, issues concerning water management and sanitary waste, responsibility for damage in the environment and for pre-existing pollution, as well as protection against noise.

We conduct a comprehensive verification of environment-related documents prepared for the purposes of the investment and building process, including project outline specification and reports on the project’s impact on the environment.

We conduct audits of real estate and enterprises focusing on the compliance with the requirements concerning environmental protection. We prepare legal memoranda and expert’s reports on environmental regulation.

Experience highlights:

  • regulatory support concerning environmental protection for PERN S.A.;
  • regulatory support concerning environmental protection for Stora Enso Poland S.A.;
  • support related to the EU ETS system for Enea Elektrownia Połaniec S.A.;
  • support concerning environmental protection for PreZero Service Wschód sp. z o.o. (formerly Tonsmeier Wschód sp. z o.o.);
  • legal services for wind farm projects developed by Element Power Polska sp. z o.o. (the Element Power Group).
Feel free to contact me
r. pr. dr hab. Filip Elżanowski
dr hab. Filip Elżanowski, Attorney
Managing Partner
+48 22 525 02 37
filip@elzanowski.pl
See also
Obsługa transakcji na rzecz funduszu RAZOR GROUP

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