We provide comprehensive services to clients investing in innovative technologies in the energy sector (hydrogen, SMR).
Regulatory challenges regarding energy technologies of the future
Companies investing in the energy technologies of the future (hydrogen, small modular reactors – SMRs) are currently facing insufficient regulations on the investment process and the practical operation of those technologies.
Currently, Polish and the EU legislation fail to provide a detailed legal framework for conducting activities in the field of electrolytic conversion, storage and transmission of hydrogen. The use of hydrogen as an alternative fuel (including refuelling of hydrogen-powered vehicles) has already been regulated in the Act of 11 January 2018 on Electromobility and Alternative Fuels.
Hydrogen investments in the EU will now be shaped by amendments to Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to natural gas transmission networks and repealing Regulation (EC) No 1775/2005, whose implementation has been announced. In Poland, the bill amending the Energy Law and certain other acts, which is part of the package legislation commonly known as the Constitution for Hydrogen, is intended to provide hydrogen investments and companies with an appropriate legal environment.
However, there are still no regulations facilitating investments in small modular reactors, which were not included in the Act of 9 March 2023 amending the Act on the Preparation and Implementation of Investments in Nuclear Power Facilities and Associated Investments and Certain Other Acts.
Legal support in the scope of innovative energy technologies – benefits for investors
Identification of the legal framework within innovative technologies may be implemented in the energy sector
Ensuring legal security of investments in innovative technologies in the energy sector
Access to the unique knowledge of lawyers experienced in regulatory issues and in the investment process
Preparing the clients for changes in the law, including the implementation of new regulations on use of innovative technologies in the energy sector
KPMG Law support in the area of investments in energy technologies
We support our clients in the following areas:
- selection of the investment implementation model;
- negotiating FIDIC-based investment agreements and maintenance contracts;
- strategic contract consulting;
- contract management during the basic warranty period;
- advising on issues related to the implementation of already concluded contracts;
- investment settlements – tax and legal advice, negotiating settlements;
- monitoring current legal changes that may affect the operation of innovative technologies in the energy sector;
- support in obtaining financing, including from European funds;
- support in obtaining the necessary permits and decisions and in securing rights to real estate;
- legal support in the grid connecting process (also through cable-pooling);
- ongoing regulatory advice.
About us
We are a team of attorneys-at-law and advocates with extensive experience in the provision of legal advisory services to the broadly understood energy sector (investors, RES developers, trading companies, network companies, energy-intensive entities).
At KPMG Law, we cooperate with specialists in the field of M&A, real estate, competition, and labour law. In addition, our participation in KPMG structures permits us to enrich our services with the support of KPMG tax, finance, accounting and transaction advisory experts.
Submit request for proposal (RFP)
Learn more about how KPMG knowledge and technology can help your business.
Click to start
