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DOBREV, KINKIN & LYUTSKANOV Law Firm has been providing legal services in the field of energy law ever since the energy sector was liberalized in Bulgaria. We consult our clients in the course of their business activity in the following areas: power generation from conventional and renewable energy sources, including the related trade in electricity; connectivity, access and transmission of electricity; purchase of complete electricity transmission facilities; overall implementation of projects for the construction of new energy capacities, including equipment supply contracts.
The law firm has substantial experience in the generation of and trace in district heating energy and the supply of and trade in natural gas. Our legal consultancy covers also the generation and sale of electricity from cogeneration facilities, combining highly efficient generation of district heating and electricity.
Electric Power – Generation, Connectivity, Transactions
DOBREV, KINKIN & LYUTSKANOV Law Firm has extensive experience in providing legal advice with regard to the construction of power generation facilities, the connection to the electric grid of the country, the specific substantive legal provisions concerning the properties needed for the construction of power capacities, and the trade in electricity on the regulated market and at free market prices.
We have diverse practice in the procedures for the connection of electricity producers and consumers to the electric grid. The law firm offers legal assistance to its clients right from the outset of these procedures, providing advice on the conclusion of preliminary and final connection agreements with regard to the obligations assumed by the connected entities, as well as the scheme of distribution of the costs incurred in the construction of the connection facilities.
Over the years, we have gained rich practical experience in the trade in electricity. We offer legal consultancy in connection with the drafting and execution of power purchase agreements (PPA) with the companies purchasing electricity at regulated prices and with traders purchasing electricity at freely negotiated prices. The law firm provides legal advice on the ways of participation and registration in the balancing energy markets and on the export of electricity to EU Member States and third countries.
Heat Generation and Supply
DOBREV, KINKIN & LYUTSKANOV Law Firm provides advice to its clients with respect to the generation of heat energy at heating power plants, cogeneration facilities producing both heating and electricity, as well as waste heat recovery plants and plants using renewable energy sources. Our legal assistance covers also issues related to the connection of heat generators and consumers to the district heating transmission network and the construction of district heating connection lines.
Gas Supply, Transactions with Natural Gas and Connection to the Gas Network
DOBREV, KINKIN & LYUTSKANOV Law Firm provides legal consultancy concerning the transmission, transit, storage, distribution and supply of natural gas, as well as the connection of producers and consumers to the gas transmission network and the transactions in this energy resource. We have experience also in the procedures for connection to the gas transmission and/or distribution networks of extracting undertakings, gas storage companies, distribution enterprises and end users.
We consult our clients also in connection with the drafting and execution of agreements with prices regulated by the energy regulator for universal services in the transmission, distribution and supply of natural gas and in connection with the agreements based on freely negotiated prices on the organized market.
Cogeneration
DOBREV, KINKIN & LYUTSKANOV Law Firm provides consultancy in connection with the mandatory purchase of electricity from cogeneration facilities for highly efficient cogeneration of heat and electricity. Furthermore, we provide services to our clients in the connection of similar energy sources to the electric grid in accordance with the preferential connectivity rules.
Licenses
DOBREV, KINKIN & LYUTSKANOV Law Firm advises its clients with regard to the need for and ways of obtaining licenses for the generation of or trade in electricity and heating and the supply of natural gas to end users. Our consultancy covers the requirements which license applicants have to meet and the documents they have to submit. We also represent them in the procedures before the energy regulator. The law firm offers consultancy on the obligations ensuing from existing licenses and the regulatory supervision of transactions in properties used for the purposes of the licensed activity, as well as on the re-organization of license holders.
Renewable Energy Sources – Solar Energy, Wind, Water, Geothermal Energy, Biomass
DOBREV, KINKIN & LYUTSKANOV Law Firm provides comprehensive legal services in the field of the generation of and trade in electricity generated from renewable energy sources, i.e. wind and photovoltaic parks, hydropower plants, geothermal plants and biomass. We have substantial experience in the legal services with regard to the eligibility and implementation of investment projects, including the physical planning and development of the land needed for the construction of the relevant facilities up until the setting of the plants into operation, the coordination and connection to the electric grid, and the conclusion of agreements on the sale of electricity. In the course of this process, we provide legal advice also in connection with the procedures under the Environmental Protection Act and in the cases where the intended investment project affects protected territories or areas.
DOBREV, KINKIN & LYUTSKANOV Law Firm has years-long experience in the implementation of projects for the construction of hydropower plants. In this connection, we consult our clients right from the outset of the investment intention, i.e. the phase of obtaining a water intake and use license. Our law firm offers competent advice to its clients on the documents needed in the procedure for the issuance of licenses under the Water Act, takes part in the procedure and provides consultancy on the obligations of license holders.
The law firm has experience also in the preparation of projects for the establishment of photovoltaic parks. It encompasses legal advice on the specific statutory requirements to the technical compliance and the standards for the construction of such facilities, as well as on the ways of their lawful installation through the approval of detailed development plans and the identification of building sites and the change of use of farmland. We consult our clients also with regard to the compliance of investment projects with the existing legal framework.
We have extensive practical experience in the legal consultancy on the establishment of wind energy parks. Our law firm provides its clients with legal advice on the specific requirements concerning the distance of these facilities from settlements and their connectivity to the electricity transmission network with a view to their higher installed capacity.
We provide competent legal advice on the specific preferential terms and conditions for the connectivity of operators generating electricity from renewable energy sources, which are intended to promote “green energy”. Our track record includes also the conduct of negotiations and the implementation of procedures for the purchase of the connection facilities built by the connected entity.
Our clients receive consultancy with regard to ways of selling the electricity generated from renewable energy sources both at regulated preferential prices within the framework of the mandatory purchase scheme for this type of electric power and at freely negotiated prices. We advise them also in connection with the opportunities for export of electricity and the trans-boundary sale of this specific product.
The law firm is highly successful in the administrative procedures with the energy regulator for the formation of diversified preferential prices by types of renewable energy sources and by types of technologies used. Our practical experience includes also the legal representation of our clients in proceedings of appeal again the decisions on the establishment of prices. Furthermore, we provide legal assistance to our clients in the administrative procedures for the issuance of “green energy certificates” to generators from renewable energy sources.
Due Diligence Reports on Energy Projects
The lawyers at DOBREV, KINKIN & LYUTSKANOV Law Firm have substantial experience in preparing complete due diligence reports on energy projects based on renewable energy sources with a view to their future purchase by potential investors. The legal analysis covers the risk assessment from the perspective of land ownership rights, the permits and licenses required under the Environmental Protection Act and the Biological Diversity Act, as well as the whole procedure of permitting and completing construction works. The legal analysis includes also the risk assessment from the viewpoint of the legal stratus of the companies involved in the project implementation.
Production and Consumption of Biofuels and Energy from Renewable Sources in the Transport Sector and of Liquid Fuels from Biomass
DOBREV, KINKIN & LYUTSKANOV Law Firm provides legal advice on the various ways of promoting the production and consumption of biofuels and energy from renewable sources in the transport sector, as well as the production and consumption of liquid fuels from biomass. Besides, we advise our clients on the requirements for the quality, control and placement of biofuels and their mixtures and of liquid fuels from biomass as set out in the existing national legislation.
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