Energy

Menéndez & Asociados Abogados provides expert guidance to companies in the energy industry, both to those dedicated to the production and transport of electricity as well as to those in distribution. This advice is tailored to the case in hand during processing of the mandatory authorizations for such operations before the pertinent zoning, environmental and, where appropriate, local administrations, and is also geared toward the relationships that may arise with the different public administrations in the performance of such activities. Likewise, it is worth highlighting the guidance our firm provides regarding all matters related to the remuneration regime for renewable energy installations, especially those derived from the application of the various regulatory changes that have taken place since 2013. It is also worth mentioning the advice provided during the elaboration of the plans for the industry both in energy matters and in those matters that may have a clear impact on operations, such as, for example, hydraulic planning and droughts affecting hydroelectric power plants.

• Guidance in the implementation or modification of hydroelectric plants and in questions relating to cogeneration plants.
• Guidance in relation to the implementation of renewable energy plants: wind farms and / or photovoltaic solar plants. Application of the Decree Law 16/2019, of November 26, on urgent measures for the climate emergency and the promotion of renewable energies.
• Agreements, contracts and tenders for just transition; allocation of rights to use public waters and access nodes to electricity transmission networks.
• Guidance in the implementation of self-consumption facilities.
• Advice on procedures for obtaining the permits for connection and access to networks, as well as defense against the denial and declaration of expiration of access and connection permits.
• Advice on administrative case work for obtaining operational or environmental permits, as well as work on electrical substations and power transformation centers, as well as work involving cessation or termination of said activities for lack of license.
• Advice on environmental impact assessment procedures for public and private projects related to the production and distribution of energy.
• Strategic environmental evaluation of plans and programs; Natura 2000 Network Evaluation.
• Legal findings (due diligence) on the possession of permits and compliance with environmental requirements governing hydroelectric plants and thermal power plants in operation. Analysis of concessional grants.
• Processing of case files for the granting or modification of concession characteristics to produce electrical energy for industrial use (both hydroelectric and cooling of thermal and nuclear power plants) before Administrative entities with hydraulic authority.
• Guidance on case files initiated by Administrative bodies with hydraulic authority: sanctions for breach of the conditions of the concession, expiration case files affecting the concession title, and requirements demanding compliance with obligations.
• Advice during the processing of water basin management plans.
• Negotiation/Agreement with the Administration for the implementation of ecological water flows and similar measures provided for in the regulation of river fishing protection (fish ladders and passages, fences …)
• Body of legal norms governing regulation, control of discharges, including local and regional ordinances (as in the case of water and waste management).
• In general, environmental authorizations, licenses and permits for the discharge into public waterways or sanitation systems from the various types of energy production facility.
• Guidance on the remuneration of renewable energy production facilities as a result of the latest electrical regulations: Royal Decree 413/2014, of June 6, which regulates electrical energy production from renewable sources, and Order IET/1045/2014, of June 16, whereby the retributive parameters for the types of facility are stipulated:
*Processing of case work for the retributive subgroup and modification of retributive data that determine the type of installation before the General Directorate of Energy Policy.
* Administrative case work for the cancellation of registration in the dedicated registry for remuneration of hydroelectric plants and photovoltaic plants.
• Legal defence against fees (national and regional) that affect the production of electricity.