The energy sector is highly regulated under Spanish law and is subject to constant change. We have extensive experience in the energy sector, including solar, wind, biogas, green hydrogen, storage, self-consumption, and mining.
We provide comprehensive legal services to our clients in all areas of energy projects in Spain that apply to every stage of the project, from development to commercialisation:
- Project structuring, including the incorporation of special purpose vehicles (SPVs) or joint ventures
- Advising on mergers and acquisitions in the energy sector, including the relevant Due Diligence process, relevant acquisition, closing and post-closing
- Advising on health and safety requirements and assisting with compliance and risk management
- Assisting with project financing and investment arrangements, including advising on project finance structures and negotiating with lenders and investors, including the analysis to see if the project is bankable
- Advising on risk management strategies for the project operation, including identification and management of legal, regulatory, and contractual risks
- Representing clients in disputes related to energy projects, including mediation, arbitration, and litigation.
Concerning energy and storage, we provide the following specific services:
- Drafting and negotiating the relevant Development Services Agreement (DSA) between investors and developers
- Conducting the due diligence process to determine if a project has reached Ready to Build (RTB) status, analysing, among others, the following points: land agreements, grid connection access, bonds, environmental issues, and urbanistic licenses.
- Engineering, Procurement and Construction (EPC): drafting and negotiating construction contracts with contractors, suppliers, and other parties involved; advising on contract management and administration
- Assisting with obtaining the necessary permits and approvals for construction activities.
- Operation & Maintenance (O&M): advising on the management and administration of contracts with suppliers, contractors, and other parties involved in the project operation, including maintenance agreements, service agreements, and other operational contracts
- Conduct compliance audits to ensure the project meets all legal and regulatory requirements.
- Contract negotiation and management with distributors, suppliers, and other parties involved in the energy distribution, advising on contract management and administration
- Advising on tariff and pricing issues related to energy distribution.
- Power Purchase Agreements (PPA): drafting and studying the relevant PPAs for investors and contractors, including rates and other pricing terms negotiations
- Commercialisation through the energy networks: assisting with the permitting and approval processes required for energy distribution, including the growth of distribution networks and other infrastructure, ensuring compliance with relevant legal and regulatory requirements, including safety and quality (comercializadora).
- Advising on renewable energy sources integration into the commercialization of energy, including issues concerning market access, energy storage, etc.
Concerning mining, we provide the following services:
- Analysis of regulatory framework to determine the necessary permits and licenses for exploration and prospection activities.
- Compliance, including environmental impact assessments, land use regulations, and health and safety requirements.
- Permitting and licensing, including preparing and submitting permit applications and interacting with government agencies.
We are committed to providing our clients with the utmost legal support and guidance in the energy sector in Spain.