ABOUT THIS PRACTICE
The gradual opening of the energy market since the early 2000s has profoundly altered the industry’s regulatory environment and has been accompanied by greater involvement of public bodies in partnerships with the private sector. We advise domestic and international energy producers and distributors as well as large public and private consumers in dealing with these rapid and fundamental changes.
We have set up a practice area dedicated to the energy sector combining private and public law to help our clients adjust to their new environment and anticipate opportunities.
We assist our clients with feasibility studies, operational set-up and contract optimization, negotiation of energy performance contracts and long-term administrative leases (BEA), and energy purchases. Finally we defend our clients during the pre-litigation and litigation stages by conducting settlement negotiations and developing litigation strategies before every kind of court and the Energy Regulation Commission.
- Hydroelectricity,
- Photovoltaic equipment,
- On-shore and off-shore wind farms,
- Biomass and biogas facilities,
- Cogeneration,
- Turbines,
- Gas-fired power stations.
- Photovoltaic and wind plant siting studies,
- Land and property negotiation and development,
- Follow-up of impact studies,
- Assistance in obtaining administrative permits,
- Assistance in negotiation and drafting of specific clauses.
- Connection to energy grids,
- Extension and relocation of power grids,
- Energy distribution and supply contracts,
- Environmental impact, urban planning and regulatory,
- Pricing: electricity, gas, district heating,
- Market rules.
- Assistance to local authorities for structuring partnership agreements on energy issues,
- Other public contracts, PPP, concessions and public service delegation,
- Assistance to private operators for contract negotiation and award.
- Energy distribution contracts,
- Industrial partnerships,
- Energy performance contracts,
- Specific leases for long-term facilities,
- Energy purchase and/or sale contracts,
- Connection contracts,
- Operational set-up contract optimization.
- Assistance to concessionaires,
- Assistance to operators during renewal or calls for competition of concessions.
- Special Purpose Vehicles (SPVs) for firms and public bodies,
- Preference shares and complex capital issues,
- Structured asset financing (mezzanines, buy-ins and agreements between holders of different categories of shares)
- Security structuring
- Negotiation of credit agreements
- Pollution certificates
- Due diligence.
- Definition of needs,
- Pricing,
- Energy savings certificates,
- Assistance in negotiation of energy purchases and sales,
- Purchase obligation agreements
- Offsetting contracts, self-consumption contracts (photovoltaic mainly),
- Market rules : RE-MA rules, capacity market, REMIT.
- Support, drafting and establishment of specific contracts dealing with construction, concessions And public procurement
- Assistance to the public procurement contracting authority (feasibility study, pre-assessment, Tender documents and contract set-up and selection).
- CSPE,
- Tax incentives (additional depreciation of equipment, tax credits, rebates),
- Carbon tax,
- Ad hoc taxes (TIPP, TICGN, etc.),
- Customs duties,
- Real estate tax,
- Contribution Economique territoriale (ex-professional tax) and other local taxes on power plants.
- Follow-up of proceedings before the Energy Regulation Commission (CRE) and state tribunals,
- Litigation related to administrative permits,
- Conciliation and settlement,
- Domestic and international arbitration,
- Electrical damage and liability.