Energy law

Energy turnaround as a chance – create the transition together with the PwC Legal Energy Law Team and our other experts of PwC Legal!

The success of renewable energies to that extend in the Federal Republic of Germany has surprised many players and experts in the market. The operation of conventional power plants is no longer economical – new energy grid structures are required for the upcoming architecture of power generation. The trend seems to head to an energy price as a commodity tending towards zero. Many power utilities are therefore looking for new fields of business. This development goes hand in hand with the digitalisation, which will have a major impact on the energy industry already in the next few years.

Like any change even here is a chance. Develop your business into a modern and comprehensive service provider. We will be at your side throughout the entire process, accompany you strategically, economically and legally; will give you new impetus for promising ways and – in doing so – we always think one step ahead for your company.

For details please refer to the following areas of expertise:

Power generation and storage

Whether you plan to generate electricity or heat from fossil fuels or renewable energy sources – new projects always create various legal facets. We are familiar with the generation of energy and offer you advice regardless of the size of your project – from mini combined heat and power units for residential use to the construction of a new offshore wind farm. This includes direct marketing and the participation in tenders, the latter will continue to increase due to the new EEG 2017 regime.
The structure of electricity generation in the Federal Republic of Germany is becoming more and more divided into small sections. This is accompanied by a growing need to store electricity, whereby the storage becomes more and more economically. However, such a business is also an opportunity to retain customers, who would otherwise be largely lost, on services to your company.
Are you working for an energy-intensive company and aim to reduce energy costs? We can assist you in the efficient production of energy and the identification of cost reduction potentials. If necessary, we coordinate your determined measures with the Federal Office of Economics and Export Control (BAFA).

Here’s how PwC Legal assists you

Our lawyers

  • advise you on power plant projects including project financing and the design of citizen participation models
  • elaborate and negotiate supply agreements, joint venture and other agreements
  • provide advice on renewable energy-based projects, for example, with regard to remuneration, contract design, EEG levy, environmental and planning law
  • advise you on reducing energy costs, for example, regarding the EEG levy, the energy and electricity tax, specific compensation schemes
  • advice you regarding the use of energy storage and distribution of generation- and storage-technologies to your customers
  • guide you through the participation in tenders or assist you in direct marketing.

Trading and procurement

Earlier full supply contracts were usually replaced by a procurement portfolio. We help you building up and optimising your energy portfolio, negotiating contracts with suppliers and network operators, gaining admission to energy exchanges, if necessary, improving your risk management or revising your balancing group management.

Here’s how PwC Legal assists you

Our lawyers

  • elaborate and negotiate purchasing, supply and balancing group agreements including EFET and ISDA agreements
  • assist you in procurement projects and the respective tender proceedings
  • develop risk management tools
  • advise you on the implementation of the requirements of REMIT, the Act on Establishing a Market Transparency Unit for Wholesale Trade in Electricity and Gas (MTSG) and the European financial market regulations (EMIR, MiFID, MAR/MAD)
  • provide advice on competition and antitrust law issues.

Transportation, distribution, metering

The field of transportation, distribution and metering currently proves to be a difficult task for many large and small-scale energy suppliers. The frequency of new regulatory requirements is accelerating. In particular, the progressive fragmentation of the (electricity) generation market demands on a new structure and control of the electricity grid. Residual supply in case of emergency and the supply of large (industrial) customers are likely to remain important in the long term. Therefore the development of new pricing structures for the refinancing of the electricity grid is significant.
The German Metering Act (Messstellenbetriebsgesetz, MsbG) creates new market roles and thus the need for power utilities to reposition themselves in this context. In a first step many companies already made at least a decision between the role as a responsible metering operator (grundzuständiger Messstellenbetreiber) and a smart meter gateway administrator. However further decisions, what services in the context of smart metering they buy from whom and whether cooperation should be appropriate in future have often not yet been made already.
Do you wish to take over further network areas? Are you familiar with the regulatory effects and the refinancing of necessary investments in order to make long term investment decisions? PwC Legal deals with the answers to these questions. We assist you in obtaining justice at court in case you are not satisfied with the regulatory authority’s decisions. Thereby you benefit from our experience that we have gained in many lawsuits against the regulation authorities before Higher Regional Courts and the Federal Supreme Court.

Here’s how PwC Legal assists you

We

  • advise you on all unbundling matters – also in the area of the MsbG
  • provide guidance during official and legal proceedings regarding incentive regulation
  • represent you and your company in every court proceedings
  • support you in the regulatory management and represent you before regulatory authorities
  • elaborate, review and negotiate network agreements and advise you on network access/network connection aspects/network fees
  • provide advice on concession issues and assist you in the acquisition of concession areas, network takeovers or defence against network takeovers
  • assist you in the design of business models for metering- and e-mobility projects.

Sales

Competition never sleeps: In the fierce competition for customers companies offer new electricity, gas or district heat tariffs, modernise their sales concepts or come up with completely new marketing ideas. You need to know and target your customers to accurately orient your marketing strategy. New sales channels such as the internet, apps and the online conclusion of supply contracts have been established. Aggressive and anticompetitive methods of acquisition by your competitors demand an answer. What are you planning to do?
In order to ensure that your new products or marketing campaigns are being well received by the customers we support your specialist departments in various aspects, including the elaboration of end customer agreements and pricing reviews under civil and antitrust law. Especially regarding highly complex projects involving antitrust, data privacy, warranty and competition law as well as legal requirements for standard terms and conditions you can count on us.
If customers disagree with your pricing policy we can support you in also asserting your rights before a court of law.

Here’s how PwC Legal assists you

We

  • assess new sales products and price alignment clauses
  • provide you with regularly updated sample contracts for sales (and also network and other contracts) – „external contract management“
  • draft energy supply agreements
  • offer package and individual solutions for contracting arrangements, PV systems, housing electricity self-supply models and more
  • provide guidance in pricing reviews and proceedings under antitrust and civil law (sections 19, 29 GWB or section 315 BGB)
  • accompany the development of renewable energy products
  • represent you and your company at all courts in all legal matters
  • accompany the design of renewable energy products
  • go online with your website containing the right supply contracts for instance.

Other areas of support

We also advise you

  • in all other questions to the energy transition
  • in positioning your company in the area of digitalisation
  • in tendering procedures
  • at collaborations and working communities, mergers and acquisitions
  • during restructuring processes
  • in formal procedures by all regulatory bodies and in court proceedings.

Call us, if you would like to benefit from our expertise. We are looking forward to hearing from you.

Contacts

Peter Mussaeus

Energy law

Tel: +49 211 981-2138

Dr. Boris Scholtka

Energy law

Tel: +49 30 2636-0

Christoph Fabritius

Anti-Trust

Tel: +49 211 981-4742