Energy

Global warming, security of supply, scarce fossil energy sources and volatile energy prices present numeroous challenges that require the energy market to be redesigned: development of renewable energy sources, guarantees of origin and capacity mechanisms, corporate power purchase agreements, contracts for difference, self-consumption, etc.

Energy issues are particularly sensitive to adress as tackling them requires extremely high investment. Paradoxically for the sector, its time horizon is particularly long-term whilst its regulatory framework is marked by high instability. The multiple reforms launched in relation to renewable energy and current discussions on energy market design constitute the most recent examples.

However, numerous issues remain to be determined: financing, development of new production capacity and network infrastructure, role of nuclear power, regulation after the Regulated Access to Incumbent Nuclear Electricity (ARENH) scheme,  renewal of concessions (for distribution or hydraulic power), structuring of renewable energy development and impact on networks (decentralised and intermittent generation) and markets (in particular, management of negative price trends), new consumer behaviour (electric vehicles and launch of self-consumption), roll-out of smart grids, etc.

The debate on the green pact constitutes further example of the numerous challenges confronting the sector: balancing industrial competitiveness with environmental impact, reducing energy consumption and CO2 emissions whilst increasing investment, etc.

Magenta has been advising major operators for many years (in particular, suppliers, producers, traders and large consumers) and has developed leading expertise in energy law to assist clients in adressing these issues:

• Drafting and assisting in negotiating gas purchase and electricity supply agreements, and operator partnership agreements (swaps, coproduction, etc.).
• Drafting and assisting in negotiating corporate power purchase agreements for various key accounts, greenfield or brownfield assets, under single or multiple purchaser agreements for wind farm and photovoltaic assets.
• Lobbying and assisting in drafting laws and regulations.
• Providing legal assistance for the creation and construction of energy production facilities (using fossil or renewable energy sources).
• Regulatory audit for acquisition operations of biomass projects, wind or solar farms.
• Providing pre-litigation and litigation assistance before the French Dispute Settlement and Sanctions Committee (CoRDiS) at the French Energy Regulatory Commission (CRE), civil and administrative courts (network connection problems, contractual disputes, challenges to regulations, etc.).