Energy

The energy industry is crucial to any country’s development.

It requires considerable expertise to monitor and anticipate likely trends in the rapidly-changing energy sector.

Changes in global attitudes to consumption and energy have encouraged investments in projects concerning natural resources, whether traditional ones such as oil and natural gas or more contemporary ones such as shale gas or methane from coal deposits. It has also led to greater investment in renewable sources , so called green energy (wind, sun, geothermal energy). The successful implementation of such projects requires a combination of legal experience and commercial knowledge, especially in the relevant energy sector.

SSW Pragmatic Solutions has considerable experience in all aspects of the energy sector. Our experience enables us to support clients in creating practical, efficient and innovative solutions to their various commercial needs.

 

We regularly advise on various aspects of the sale and distribution of electric energy, heat and fuels, such as:

  • Negotiating, drafting or reviewing electric energy sales contracts both regarding contracts dedicated to specific projects (templates used by energy vendors / consumers) and on contracts using the EFET standard and non-standard contracts
  • Advising on contracts for property rights in connection with certificates of energy origin from renewable energy sources, highly efficient cogeneration and energy efficiency certificates
  • Advising on contracts for the delivery of heat, gas fuels and liquid fuels
  • Supporting downstream markets in oil product sales structures, consulting in spot transactions on the fuels market
  • Representing customers before common and arbitration courts
  • Analysis, verification and negotiations of agreements accompanying contracts for utilities delivery and associated with wholesale trade, in particular: distribution contracts, balancing services contracts, contracts for serving as the sales-technical operator
  • Analysis, verification and negotiations of grid connection agreements, concerning connection of facilities to the power grid
  • Support in access to the Energy Commodity Exchange
  • Consulting in the scope of compliance of the operations with specific regulations on the wholesale market (REMIT, EMIR, MIFiD regime)
  • Support in the process of gaining access to the anonymous market – in the direct way – by obtaining status of a member of the commodity stock exchange or indirectly – by consulting in the process of choosing and entering into the agreement with a brokerage house
  • Consulting in the scope of sale of energy and gas derivatives legal support when creating specific energy sales structures, including purchase groups and balancing groups

Consulting in the area of sectoral regulation:

  • Consulting in the process of licensing business operations concerning electric energy and fuels (manufacturers, sales companies, network businesses)
  • Legal consulting in performing particular duties of energy companies resulting from the provisions of the law
  • Consulting in the scope concerning support systems: RES, cogeneration and energy efficiency
  • Consulting in the process of connection to the network infrastructure
  • Legal consulting and provided with participation of specialists in the exact sciences cooperating with us, also business and technical consulting in the area of preparing tariffs, Grid Operation and Maintenance Instructions, development plans and other documents necessary for running the regulated operations according to the law
  • Consulting and acting on behalf of parties in procedures before administrative bodies, in particular before the President of the Energy Regulatory Office and the President of the Office of Competition and Consumer Protection
  • Consulting for energy and fuel buyers in processes related to changing the seller
  • Consulting in the scope of compliance and verification of compliance of the conducted operations with the law (legal audits)
  • Consulting concerning provision of the service of reducing power demand and in the area of power market share

Transaction consulting:

  • We provide complex legal and tax due diligence studies for designed energy projects and already functioning companies / enterprises (RES, natural raw materials, conventional energy sector)
  • We advise in a complex way in merger and acquisition transactions for companies from the energy sector (M&A), both to sellers and buyers
  • We advise in energy companies’ business line sale / purchase transactions (regardless of the form of separation), among others gas station networks
  • We advise in joint venture transactions, in all the available models: consortia, joint ventures, shareholders’ agreements, farm-in, farm-out, CMA, JOA, etc.
  • SSW provides complex advisory services in preparing optimum tax structures for M&A and JV transactions
  • We advise in structuring restructuring processes of groups of energy companies in terms of industry regulations (energy law, PGiG, RES Act) – preparing optimum structures for running business
  • We conduct numerous processes of restructuring, mergers and acquisitions of energy companies
  • We offer consulting in liquidation of energy companies
  • we offer consulting in financing energy companies, in the models: corporate finance, project finance, bonds, IPO
Transaction consulting:

Investment processes:

  • Complex legal consulting under investment processes conducted by energy companies
  • Help in the procedure of preparing local plans and participation in assessing and agreeing draft plans with public administration bodies and in social consultations
  • Conducting procedures for obtaining the decision on determination of the location for a public benefit investment
  • Legal assistance in matters related to protection of agricultural and forest land, removing the status of agricultural and forest land, expressing opinions about the grounds for initiating and conducting the procedures
  • Complex consulting in the scope of obtaining environmental decisions and their interpretation
  • Consulting related to using public roads, including road access, vehicle passages, permits for right-of-way occupancy
  • Obtaining and changing building permits and occupancy permits
  • Consulting and participation in negotiations of building contracts (consistent with the FIDIC standard and other), contracts for delivery of machinery, agreements with the general contractor and the contract engineer
  • Consulting in public orders related to the performance of investment projects in the power industry
  • representing customers in court disputes concerning building contracts

Natural raw materials:

  • Consulting at every phase of upstream, midstream and downstream operations of the mining sector
  • Complex consulting in obtaining the license for operations in the field searching for and discovering mineral deposits and extraction of minerals
  • Conducting administrative and court procedures related to running operations in the field searching for and discovering mineral deposits and extraction of minerals
  • Representing customers in administrative hearings before the Minister of the Environment and before administrative courts in disputes with the Minister of the Environment in cases concerning provision of licenses
  • Services related to assessment of the environmental impact in the context of granting search licenses
  • Complex consulting in contracts governing titles to land and access to land for running search, discovery and mining operations
  • Legal consulting in transactions, we also prepare and implement various models of cooperation agreements: JV, CMA, farm-in, farm-out transactions etc.
  • We support market leaders and industry organizations in the legislative process concerning hydrocarbons and the geological and mining law
  • SSW is a founding member of the Mining Industry Employers’ Union (Lewiatan Confederation)

Renewable energy sources:

  • Preparing memoranda and opinions about operations in the field of RES (energy law, RES Act, investment process, support systems, sales of energy and certificates of origin, financing)
  • Complex services in the scope of all the decisions and permits throughout the investment process
  • We advise and represent entrepreneurs in proceedings for obtaining a license or commitment to grant an electric energy generation license
  • We support developers in securing titles to real estate in order to implement RES projects
  • We prepare and advise in negotiating energy sale agreements and sale agreements for certificates of origin
  • We prepare and advise in negotiating contracts with works contractors: under construction contracts, with the general contractor, regarding delivery of machinery, O&M
  • We support the parties involved in transactions
  • We support market leaders in the renewable energy industry in processes related to changes of the law, including: the energy law, the building law, RES Act
  • Obtaining system support (property rights under certificates of origin, participation in auctions) and investment assistance (funds from the National Environmental Protection and Water Management Fund, other sources)
Renewable energy sources:

Environmental protection:

  • Legal service in the scope of environmental implementation of construction and infrastructural investment projects,
  • Legal support and representing clients in procedures concerning permits obtained for use of the environment and changes in their terms
  • Complex consulting in environmental matters for entities involved in searching for and mining natural deposits,
  • Consulting with regard to the trading system for greenhouse gas emission allowances (EU ETS) and sale of emission allowances,
  • Obtaining system support – free allocations of emission allowances and state assistance for the purposes related to environment protection
  • Verification of possible resignation from participation in the trading system for greenhouse gas emission allowances and legal support in this area
  • Implementation of solutions regarding corporate social responsibility (CSR) in the environmental area and operations structures based on the closed circulation economy (circular economy) concept
Environmental protection:
  • Legal consulting related to management of waste and production process by-products, including mining waste and combustion by-products (UPS)
  • Consulting in the area of adjusting the scope of conducted operations to the requirements and restrictions resulting from the EU legislation (including e.g. BAT conclusions or the REACH Regulation)
  • Consulting in the area of liability for soil contamination and preventing and repairing damages in the environment
  • Consulting in legal aspects of water management
  • Representing clients in procedures conducted by competent bodies in any matters related to environmental protection and in court cases

On-going consulting for energy companies:

  • Corporate consulting for energy companies, including serving as the corporate secretary, services for the Board, the Supervisory Board, course of General Assemblies, organization of financing from shareholders, etc.
  • Dedicated consulting for sale and marketing departments, in particular: competition law, sale channels, marketing, commercial agreements, personal data processing, participation in designing distribution systems
  • Consulting in copyright
  • Preparation of agreements and contracts in current operations of enterprises
  • Complex consulting in the labor law
  • Representing energy companies in disputes with contractors
  • Current tax consultancy
  • Complex support and representing clients in current administrative procedures
  • Legal consulting including competition and consumer protection law, in particular notifications of concentration of entrepreneurs, monopolistic practices, practices eliminating or restricting competition, acts of unfair competition, specific terms of sale to consumers, unacceptable advertising

Consulting for industrial energy consumers and industrial energy companies

  • Identification of available cost optimization possibilities related to utilities supply (electric energy, natural gas, heat, compressed air, water) and support in their implementation
  • Support in obtaining, using and reporting related to the status of an industrial recipient and the resulting tax credits in charges under the public law
  • Consulting concerning legal aspects of the grid services provided, power demand reducing services (DSR) and power market share
  • Consulting concerning legal aspects of exploiting industrial energy generating sources, self-production and optimization of the electricity supply structure
  • Support in the area related to the functioning of independent distribution system operators (OSDn), resignation from re-invoicing, changing terms of connection and takeover of the distribution infrastructure by an external entity
  • Consulting concerning identification of available potential for higher energy efficiency and support in the procedure of obtaining system support or investment assistance

Consulting in promoting innovative solutions in the power sector:

  • Legal consulting in any cases related to the application of the act on electromobility and alternative fuels
  • Drafting regulatory solutions and identification of legal barriers to implementation and commercialization of a particular technology
  • Consulting concerning legal aspects of using unmanned aerial vehicles (UAV) in the energy sector
  • Consulting concerning legal aspects of using distributed databases (Blockchain)
  • Consulting covering identification of the proper legal environment for the functioning of innovative solutions and technologies that are commercially immature
  • Obtaining system support and investment assistance, consulting related to using public assistance and optimization of its value
Consulting in promoting innovative solutions in the power sector:

Regulatory consulting

  • Monitoring of proposed changes in the legislation
  • Creating stakeholders’ coalitions
  • Substantive consulting in the legislation process, drafting proposed legislative solutions and formulating comments in connection with public consultation of draft legal acts and assumptions for these drafts
  • Substantive consulting for the interested parties provided in connection with creation of the directions of policies (in particular in the area of energy policy, environmental protection policy and raw materials policy)
  • Participation in meetings of industry organizations and associations as well as meetings with representatives of state and EU institutions
  • Performing projects in the advocacy area, public affairs and projects assuming increased public awareness with regard to the justified character of making particular changes in the law
  • Support for the beneficiaries of state assistance as the parties involved in cases conducted by the European Commission
  • Verification of legality of legal acts, including those from the European Union bodies
Regulatory consulting

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Piotr Spaczyński

Piotr Spaczyński

Managing Partner

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Dominik Strzałkowski

Dominik Strzałkowski

Partner

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Anita Palukiewicz

Anita Palukiewicz

Counsel

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Grzegorz Pizoń

Grzegorz Pizoń

Counsel

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Hubert Wysoczański, Ph.D.

Hubert Wysoczański, Ph.D.

Counsel

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Rafał Włodarski

Rafał Włodarski

Senior Associate

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Dawid Trela

Dawid Trela

Associate

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Paweł Michałek

Paweł Michałek

Associate

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Joanna Perzyna

Joanna Perzyna

Associate

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Łukasz Bondaruk

Łukasz Bondaruk

Associate

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Anna Piotrowska

Anna Piotrowska

Senior Associate

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