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Energy & Natural Resources

The expansion of renewable energies is the central task for securing the ecological and economic future of Germany as well as Europe. Political decisions, changing legislative and regulatory requirements pose a major challenge for (future) plant operators and customers. The implementation of a functioning and diversified and, at the same time, sustainable procurement and, in particular, generation strategy plays an essential role in order to be able to meet the increasing demand on the energy market The pillars of the renewable energy market include green electricity, green gases and green heat.

The success of the energy transition as well as ensuring security of supply in a future-oriented energy market requires considerable infrastructure investments. The construction and connection of renewable energy plants, the expansion of the grid, the construction of LNG infrastructure as well as the construction of a hydrogen (core) grid present various market participants with enormous capital requirements on the one hand and to secure regulatory requirements on the other.

The heat transition also requires considerable investment in district and local heating networks. Through municipal heat planning, potentials for renewable heat generation must be identified locally and implemented based on a heat plan.

One of the main challenges in implementing the energy transition is the decarbonization of all sectors. For industry, decarbonization means above all replacing the fossil fuels used to date with green electricity, green heat or hydrogen. In addition, the real estate industry is also a main addressee in the legislature’s climate protection concepts. In the course of decarbonization, not only the implementation of climate-neutral new construction projects must be considered here, but also the refurbishment of the existing building stock and the transformation of the heat supply of the buildings. Finally, there are also major decarbonization challenges in the mobility sector.

Consulting focus

  • Electromobility and New Mobility

    The transport sector is the focus of all efforts to make the transition to a climate-neutral world. We support our clients in setting up charging infrastructures and help them meet regulatory requirements, in particular the development of a coherent metering concept. We also advise on the specifications and funding options for parking spaces and charging points and help develop operator concepts for fast-charging stations, especially with regard to regulatory and state aid requirements. We are also available to advise on fleet solutions for companies or for municipal tasks.

  • Emissions trading

    Climate protection concepts such as emissions trading are playing an increasingly important role in the energy transition. We advise our clients on issues related to the European trading of emission allowances and guarantees of origin, as well as on issues related to national fuel emission trading.

  • Energy trading and sales

    We advise energy trading or energy distribution companies comprehensively on many legal issues. This includes, on the one hand, the procurement of electricity and natural gas on the exchange or within the framework of bilateral OTC transactions, especially in the case of so-called Power Purchase Agreements, and, on the other hand, we advise on sales to end consumers. In addition, we support you in the implementation of business models or the creation of model contracts.

  • Energy supply networks and regulation

    Grid operation is a key success factor for the energy transition. In addition to issues related to security of supply and grid expansion, grid and infrastructure operators face a number of other challenges. We provide you with comprehensive advice on all grid regulatory issues as well as on grid connection, connection use and grid utilization issues. We are also involved in current network expansion projects.

  • Industry, housing and healthcare

    Industrial companies, companies in the housing industry as well as the healthcare sector are connected to the topic of energy supply in very different ways. What they all have in common, however, is that energy is an increasingly important factor from both an economic and an ecological point of view, making it imperative to deal with energy law issues.

    Industrial companies are looking for new ways to a sustainable, but at the same time cost-effective energy supply. Together with our clients, we develop supply concepts from (renewable) generation plants or procure green power via so-called Power Purchase Agreements. We optimize the set-up of regulatory requirements for the supply infrastructure, help with privilege and relief applications for electricity price components or develop metering concepts. From a comprehensive perspective, we are thus able to assist our clients with all issues relating to compliance with energy law requirements.

    Factors such as demographic change, population growth, housing shortages, and extensive changes in the working patterns and other lifestyles of people in large cities make it essential to adapt the infrastructure of urban areas. For the housing industry, these developments and the constantly changing legal requirements result in enormous pressure to act and cut costs. The development of innovative business and service models, also in the areas of energy supply and mobility concepts, is currently a challenging topic for our clients. We provide comprehensive advice on the planning and installation of energy generation plants, including neighborhood projects, or support in claiming apportionment privileges.

    We support companies in the healthcare sector in the implementation and operational management of decentralized generation models, assist in the procurement of secure and cost-effective energy or optimize the supply infrastructure.

  • Power plant construction and generation

    In the field of power plant construction and power generation from conventional sources, we have many years of experience in planning, financing, procurement and implementation as well as in maintenance and servicing within the framework of the permanent operation of generation plants and also in regulatory issues, in particular redispatch. Our clients benefit from a balanced mix of KPMG Law’s legal expertise and KPMG AG Wirtschaftsprüfungsgesellschaft’s energy industry know-how, which helps them ensure cost-effective power plant operations.

  • Metering point operation and smart metering

    The business area of metering point operation is becoming increasingly important. In order to comply with the legal requirements and to be able to claim any privileges, a coherent metering concept must be developed and the digitization of metering must be completed. We support our clients in the development of additional and value-added services in the field of smart metering to extend the value chain and increase customer loyalty. We can also advise you on the development of a strategy for implementing competitive metering point operation. In addition, you will equally benefit from our extensive knowledge of dealing with smart meters, smart home applications, blockchain, artificial intelligence, platform models for peer-to-peer trading, energy communities, micro grids and local energy markets.

  • Sustainability, renewable energies and cogeneration

    We support project developers, plant operators, investors, grid operators, and energy-intensive end consumers in resource-conserving supply concepts by embedding renewable energy projects as well as electricity and heat generation from cogeneration in the company’s own sustainability strategy. Regardless of whether it is a matter of licensing issues under immission control law, of questions relating to the purchase and feeding into an energy supply network, or of subsidies under the Renewable Energy Sources Act (EEG) and/or the Combined Heat and Power Act (KWKG): we are always familiar with the ever-changing legal environment.

    Within the scope of current consulting projects, we support clients with regard to sustainability requirements for green power purchase agreements or in the development of decentralized supply concepts for company locations or neighborhoods.

  • New technologies and hydrogen

    The further development of energy supply goes hand in hand with the adaptation of legal requirements. In the energy industry, this was most recently seen in the area of the emerging legal framework around hydrogen as an energy carrier, but the familiar rules on heat supply are also evolving. We are following these innovations very closely, exchanging views with infrastructure operators on issues of hydrogen regulation and developing business models for hydrogen supply.

  • Support for transactions and cooperation projects

    Energy utilities and network operators will be confronted with major challenges in the future, which at the same time also represent major opportunities. The implementation of the energy transition, the development of new business models and the focus on core competencies will continue to gain in importance and affect more than 1,000 players in the energy sector. Against this backdrop, both companies in the traditional energy supply sector and those previously active in other economic sectors are rethinking their portfolios. These transformation processes are complex and usually successful when a suitable partner is found, the process is well prepared and the change fits well into the company’s overall concept.

    We advise you comprehensively in particular in cases

    • the implementation of Group restructuring measures,
    • the acquisition or sale of companies in the energy industry or of assets related to energy,
    • the restructuring and
    • mergers and the structuring of shareholdings and joint ventures.

    Related areas of law, such as antitrust law, are also taken into account. For such transformation projects, we are also happy to provide our clients with legal project management.

  • Heat turnaround

    The heat transition is one of the central challenges of the energy transition. The challenges of a regenerative heat supply for buildings concern not only the real estate sector and industry, but also the public sector. This includes the requirements for the buildings themselves (for example, through the Building Energy Act – GEG) as well as possible implementation models and the legal framework for heat supply.

    The public sector has a central role to play in the heat transition. It is intended to set a reliable framework for homeowners and industry through municipal heat planning, against which individual heat supply can be aligned.

    We support our clients from all sectors in implementing the requirements of the heat transition.

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Your contact person

Marc Goldberg

Partner

Tersteegenstraße 19-23
40474 Düsseldorf

tel: +49 211 4155597976
marcgoldberg@kpmg-law.de

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

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