MAGENTA

Global warming, the security of supply, the shortage of fossil fuels and increases in energy prices are some of the challenges that have led the public authorities to plan new policies: establishing capacity markets or developing renewable energies, particularly through calls for tenders (terrestrial or offshore wind power, biomass and solar power).

Energy issues are particularly difficult to define as they require extremely large investments. This industry is paradoxical: it has a particularly long time horizon, but the regulatory framework is highly unstable. Some of the most widely-publicised issues include the reforms undertaken in the domain of renewable energies and several disputes with regard to gas and electricity pricing, with various challenges to the prices applied.

A number of questions have yet to be clarified: the funding and development of new production capacities and network infrastructures, the renewal of distribution or hydraulic concessions, the restructuring of renewable energy development (calls for tenders, grid organisation in the face of the development of decentralised forms of production, planning and environmental rules surrounding their use), new consumer habits (electric cars) and the use of smart grids.

The debate surrounding the draft bill on energy transition (which is the fifth major piece of legislation on energy in less than 15 years, since the legal liberalisation of 10 February 2000) once again illustrates the many challenges facing this industry: how to reconcile industrial competitiveness with the environmental impact, reducing energy consumption and CO2 emissions while developing investments.

Advisor for many years of major operators (suppliers, producers, traders and large consumers), Magenta has gained first-rate expertise in energy law, and can assist its clients in dealing with all of these issues:

• Drafting and assisting with the negotiation of gas purchasing or electricity supply contracts, as well as partnership agreements­ (swaps, coproduction, etc.).
• Lobbying and help in preparing legislative and regulatory texts.
• Legal assistance in creating and setting up energy production installations (fossil fuels and renewable sources).
• Legal assistance in concluding grid connection agreements.
• Regulatory audits in connection with the acquisition of biomass projects, wind or solar power farms.
• Pre-litigation advice and representation before the CRE (Energy Regulation Commission) and civil and administrative courts (grid connection issues, contractual disputes, disputed regulatory texts, etc.).

Some of our recent assignments :