Expertise

The sector team has a strong focus on the renewable energy sector and innovative circular/recycling projects. Stek is involved in a wide range of projects (including the financing thereof) that vary from wind parks and solar parks to geothermal, biomass, heating and cooling projects (including storage), aquathermal projects and electric transport, as well as innovative renewable energy. The sector team works closely with the highly specialised, well-respected lawyers in our Regulated Markets group, which has a tier 1 ranking from Legal 500 and a band 1 ranking from Chambers Europe.

The Regulated Markets team advises and litigates on various matters in the oil and gas, electricity, and heat sector, such as tariff regulation, energy infrastructure, electricity grid congestion, and major power interruptions. We also advise our clients on (new) sector-specific laws and regulations, subsidies, and state aid relating to relatively new energy sectors such as CCS(U) (carbon capture and storage (and usage)), geothermal energy, sustainable heat, and green hydrogen. Last but not least, our Regulated Markets specialists assist clients in designing (energy) projects and transactions in regulated markets and help mitigate the risks in these projects around planning law, including environmental law and spatial administrative law.

What makes us different

Our Energy and Utilities Team is an integrated multi-disciplinary team that boasts:

• an outstanding reputation and track record;
• excellent working relationships with regulators, financial institutions, (strategic) investors, alternative finance providers like green funds and crowdfunding platforms, and policymakers;
• a decisive, personal, responsive approach.

What we do

Contracts, transactions, financing, and projects

You can count on us for all of your contract, corporate transactions, financing, and project needs. We can provide an extensive range of services, including:

• co-operation agreements, supply agreements, and general terms and conditions;
• PPAs, O&M agreements, EPC agreements, and a wide range of other commercial contracts;
• corporate transactions, including mergers & acquisitions, due diligence, participations and joint ventures;
• project financing and the requisite due diligence; and
• projects, including investment projects in oil, gas and renewable energy (such as wind parks, solar parks, geothermal projects, and biomass projects) and electric and public transport.

Sector-specific advice and dispute resolution

We have an excellent reputation and track record around sector specific-advice and dispute resolution. We would be happy to share our expertise in:

• advice and dispute resolution on sector-specific issues at every stage in the value chain, both upstream (production and storage) and downstream (transportation, trade, supply, and purchasing);
• contact (or disputes) with regulators, such as the Authority for Consumers and Markets (ACM), energy interest groups, and policymakers; and
• avoiding or successfully resolving disputes with competitors and regulators such as the ACM, and others.

Experience

Below please find an overview of recent, often multidisciplinary, cases of the Energy and Utilities Team. Or take a look at our track record for an extended overview.

Projects, project financing, and corporate

We have represented:

• a wide range of energy companies, including Eneco/Oxxio, RWE/Essent, OMV, Naturgy, and Gazprom/WINGAS, helping craft their standard documentation and avoid or mitigate contractual risks;
• network company Stedin in acquiring of Delta Network Group and the auction sale of Joulz Energy Solutions;
• energy provider Nuon/Vattenfall in acquiring several wind and solar parks and selling their heat assets in the province of Utrecht;
• investors/financiers such as NIBC, AKEF (Amsterdam Climate and Energy Fund) and LEF (Limburg Energy Fund) with corporate/equity capital transactions, including the acquisition of heating company Mijnwater;
• several investors/financiers such as ASN, BNG, and Nationaal Groenfonds in financing biomass plants in multiple locations, including Amsterdam, Sterksel, and Egchel;
• financial institutions like BNG and Rabobank in financing geothermal projects, including ECW, Wayland, and Trias;
• multiple investors/financiers such as AKEF and LEF regarding innovative circular/recycling projects;
• several investors/financiers such as AKEF and LEF with respect to their innovative circular/recycling projects;
• shareholders of companies like Lagerwey and Nuts Group in the sale of their energy company;
• wind turbine manufacturer ENERCON in wind park projects such as NOP Agrowind and Wind Park Krammer;
• Afvalfonds Verpakkingen and AEB Amsterdam in their waste stream post-separation collaboration;
• the Heat Alliance (Province of South Holland, Port of Rotterdam, Gasunie, Eneco and Heat Company Rotterdam) in their joint heating projects; and
• investor Zenith Energy in financing their acquisition of the BP terminal in Amsterdam.

Regulated Markets and Dispute Resolution

We have represented:

• regional electricity and gas distribution companies and their representing organization, Netbeheer Nederland, in landmark appeals against tariff regulation on energy transportation tariffs;
• state energy company EBN in issues such as decommissioning oil and gas assets and geothermal projects;
• distributors Liander and Stedin in landmark administrative proceedings, including the first full-chamber case before the Administrative High Court for Trade and Industry;
• energy companies such as Eneco and Stedin and electric charging infrastructure company Allego in complex civil litigation against competitors and trading partners;
• major energy consumers such as Tata Steel and Microsoft with respect to their energy supply; and
• a wide range of energy, water, transport,and waste companies, helping them avoid or mitigate regulatory risks.