Fields of law

Electricity

The Law Firm offers comprehensive legal services for energy companies engaged in wholesale trade in electricity and in sale of electricity to end users. Our lawyers also provide legal services for distribution system operators, including those distribution system operators that are not connected to the network of the transmission operator. Our lawyers ensure compliance of the operations of the trading companies and the non-connected distribution system operators with the Energy Law and the other industry related regulations.

The detailed scope of legal services provided by our Energy Law Team includes:

  • The Law Firm offers legal services for companies selling electricity, from obtaining a license for trade in electricity, through legal setup of a department for electricity sale to end users, to the actual launch of the process of trading in and selling the electricity,
  • We also provide legal advice for distribution system operators and non-connected distribution system operators,
  • Our lawyers provide legal services covering the commencement of the wholesale trade in electricity on the Polish Power Exchange – obtaining the status of the Polish Power Exchange Member, the status of the Commodity Clearing House (IRGiT) Member, and the permit for keeping accounts or registers of these commodities, issued by the Polish Financial Supervision Authority, pursuant to Article 50b, Clause 1, Point 2, of the Act of October 26, 2000 on Commodity Exchanges,
  • The Law Firm prepares and implements the energy market agreements, such as: agreement for electricity sale, EFET framework agreement, framework agreement for sale of property rights arising from certificates of origin, distribution agreement, general distribution agreement, transmission agreement, agreement for the provision of a scheduling unit.
  • Our lawyers advise on energy efficiency, including the legal relationship between the seller and the entity implementing the energy efficiency project under the Energy Efficiency Act,
  • The Law Firm also provides legal services ensuring that the trading companies comply with requirements in the areas of REMIT, EMIR, MIFID, MIFID II,
  • We also conduct legal audits of the compliance of the company operations with the regulations set out in the Energy Law, and fulfillment of obligations toward the Polish Financial Supervision Authority (KNF) and the Polish Power Exchange,
  • Our lawyers ensure that energy companies holding a license perform their licensed operations in compliance with the laws, in particular within the area of obligations arising from the Energy Law, the Renewable Energy Sources Act, Energy Efficiency Act and other regulations for the energy industry, such as regulations of the Polish Financial Supervision Authority and the internal regulations the Polish Power Exchange,
  • Our lawyers continuously monitor changes in regulations for the energy industry, in particular with regard to the Energy Law, the Renewable Energy Sources Act, Energy Efficiency Act and provide for trading companies and for non-connected distribution network operator legal alerts in which they assess the impact of the planned changes on the distribution and trading operations,
  • The lawyers also provide training and internal workshops, due to obligations arising from the licenses for trade in and distribution of electricity, and obligations towards the Energy Regulatory Office, Polish Financial Supervision Authority and Polish Power Exchange.
Our successful projects
Electricity trading companies

Obtaining over a dozen of licenses for trading electricity and preparing companies to launch the licensed operations.

Electricity trading company

Legal implementation for a trading company of procedures for sale of electricity to end users.

Electricity trading companies

Preparation of templates of comprehensive agreements, electricity sale agreements, and the general terms and conditions of agreements for electricity sale to commercial and individual end users.

Electricity trading company

Legal implementation for wholesale trading electricity on the Polish Power Exchange, obtaining the status of the Polish Power Exchange Member, the status of the Commodity Clearing House (IRGiT) Member, and the permit for keeping accounts or registers of the exchange commodity, issued by the Polish Financial Supervision Authority, pursuant to Art. 50b, Clause 1, Point 2, of the Act of October 26, 2000 on Commodity Exchanges,

Distribution system operator and electricity trading company

Legal audit of the licensed operations for a company trading electricity in the Polish market and distributing electricity.

Electricity trading company

Preparation of a legal report for an electricity trading company, including risk assessment and analysis of benefits of the new energy efficiency system in accordance with the Energy Efficiency Act of May 20, 2016.

Electricity trading company

Negotiation of legal issues regarding implementation of a CRM system servicing several tens of thousands of electricity off-take points.

Electricity trading company

Conducting due diligence in the process of acquisition of companies holding a license for trading electricity.

Electricity trading company

Over the past two years, our lawyers have negotiated electricity sale agreements for volumes exceeding 800 GWh, in particular multi-annual agreements for the supply of electricity to Ceramika Paradyż factories.

Raczyński Skalski & Partners
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