The energy sector in Germany – as in the whole of Europe – is characterized by far-reaching changes at all stages of the value chain as a result of interlinking and coupling with other sectors as well as the increasing use of new technologies and digitization. In addition, achieving the politically agreed climate targets will be a stronger focus of German economic policy than in the past. However, companies in the energy industry are making a significant contribution to meeting the decarbonization target, and in doing so they must face up to an ever-changing market environment.
Based on our many years of consulting experience and our extensive knowledge of the industry, we are well aware of the legal requirements that market players must adapt to. We advise project developers and plant constructors, (decentralized) producers, energy suppliers, grid operators, energy traders or distributors as well as energy-intensive companies on all issues related to energy supply. In addition to the supply of electricity and gas, this also includes the supply of heating and cooling and, more recently, hydrogen.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
Partner
Tersteegenstraße 19-23
40474 Düsseldorf
tel: +49 211 4155597976
marcgoldberg@kpmg-law.de
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