Practice

Successful extension of a permit for water abstraction of HPPs after winning a case before the SAC

Our client is a company which deals with the production of electric energy through the construction of hydroelectric power plants. In 2009, a permit for water abstraction and use of a water body for the construction of a small hydroelectric power plant was issued. The initial validity of the permit was until 2015. In 2012, the permit was amended, and in 2015 its validity was extended until 2018. In 2018, within the statutory 3-month period before the expiration of the permit, our client submitted an application for extension of the permit before the Director of "West Aegean Region" River basin Department due to an objective delay in the implementation of construction. On 13.08.2018 a refusal the validity of the permit to be extended was received, on the grounds that the investment intention falls within a protected area and thus violates the measures provided for in the RBMP 2016 - 2021.
We assisted the client in preparing a complaint against the refusal, which was filed in the Ministry of Environment and Water /MoEW/. We received a tacit refusal from the MoEW.
Within the term of 1 month, as stipulated by law, we appealed the decision of the Director of "West Aegean Region" River basin Department before Blagoevgrad Administrative Court. Blagoevgrad Administrative Court rejected the complaint of our client.
We appealed the decision of Blagoevgrad Administrative Court before the Supreme Administrative Court. The case before the Supreme Administrative Court was won. The Supreme Administrative Court revoked the decision of Blagoevgrad Administrative Court and returned the file to the Director of "West Aegean Region" River basin Department in order the latter to enact a ruling. The arguments of the Supreme Administrative Court were that the protected areas in question, in which our client's investment intention falls, have not actually been approved by an order of the MoEW, as the law stipulates.
Despite the fact that the case before the Supreme Administrative Court was won and the refusal of the Director of “West Aegean Region” River basin Department to extend the validity of the permit was revoked, at the end of 2019 our client received a letter from the Director of “West Aegean Region” River basin Department, with instructions additional documents and information to be provided by our client in order the latter to prove the fulfillment of the other conditions, concerning the permit, as this being a prerequisite for the extension of the validity of the permit. We assisted the client in the preparation of arguments and reasons, which were presented to the Director of “West Aegean Region” River basin Department, in which we described in detail all fulfilled conditions, pointing that only the construction of the power plant was not completed in time - by 2018, due to unjustified initial refusal of the Director of “West Aegean Region” River basin Department to extend the term of the permit in 2018.
The arguments and justification prepared by us were taken into consideration by the Director of “West Aegean Region” River basin Department and the validity of our client’s permit for water abstraction was extended, thus giving him the opportunity to successfully accomplish his investment intention to build a hydroelectric power plant.

Practice: Energy and Environment

We advised the establishment and operation of balancing groups of producers of energy from renewable sources

Pursuant to the amendments of the applicable law for all electricity producers was implemented the obligation to conclude contracts with the operators of the energy grid for including their operating energy sites in special balancing energy groups of the operator. We have advised all our clients producers of energy on the matters concerning the conclusion of the contract with the operators of the energy grid.

Practice: Energy and Environment

We completed full legal analysis on investment project for construction and exploitation of small hydroelectric plant along the Iskar river with a capacity of 2500 Kw

Our team completed a legal analysis on an investment project in advanced stage of construction and operation of small hydroelectric plant with capacity of 2 500 kW. We have examined the procedures performed as well as the possibilities for modification of the project, its realization by another investor including all the necessary activities and administrative procedures for the commission of the facility and the legal opportunities for its realization.

Practice: Energy and Environment

We analyzed problems related to the access to the distribution network of producers of energy from renewable sources

With regard to more frequent problems with the access of producers of energy to the distribution networks despite the fact that the access is guaranteed we analyze and provide consultation concerning the validity of the contracts for grid connection and opportunities for prolonging the terms as well as the consequences in case of violation of the rights and obligations under the contracts but also the opportunities for purchase of the energy produced in the region of one distribution company to a different licensee.
We actively represent our clients with a negative resolution for conclusion of preliminary contracts for connection to the distribution network due to unsettled relations between the distribution company and The State Energy Regulatory Commission including proceedings before the State Commission for Energy and Water Regulation.

Practice: Energy and Environment

Our team consulted with regard to the possibilities for limiting the production of renewable energy by electricity distribution companies

We consulted our client with regard to the legitimacy of measures imposed by the Electricity system operator to limit the production of electricity from renewable energy projects with the motive - insufficient consumption of electricity. We analyzed the legitimacy of the entered by the distribution companies measures for temporary restriction of network access to producers of renewable energy as well as remote
suspension of the network access to such sites.

Practice: Energy and Environment

We took part in procedures of The State Energy Regulatory Commission with regard to the adoption of regulations applicable to producers of electricity by renewable sources

We provided legal consultation and accomplished representation in the procedures on adoption and approval by The State Energy Regulatory Commission of regulations applicable to producers of electricity by renewable sources, namely: General terms for access, new rules for trade with electricity and new order for regulation of electricity prices.

Practice: Energy and Environment

We consulted our client with regard to the fees for access to the transmission and distribution network producers of electricity from RES and their conformity with the law and represented him in the legal proceedings

We consulted all of our clients, producers of energy from renewable sources with regard to the conformity with the law of The Decision of the State Commission For Energy and Water Regulation issued in 2013 concerning the implementation of access fee to transmission and distribution network. Because of the numerous violations of the regulations and the internal energy legislation we filed complaints on behalf of our clients against The regulator's decision for implementation of fees. As a result of the proceedings initiated The Supreme Administrative Court abolished the decision of the regulator as unlawful.

Practice: Energy and Environment

Connection with other practices: Administrative Procedures and Regulations

We took part in a procedure for amendment of The Regulation for the conditions and method for issuing, transfer, cancellation and recognition of guarantees of origin for the energy produced by renewable energy sources

We provided legal statements and support related to initiated procedures for amendment of the Regulation for the conditions and method for issuing, transfer, cancellation and recognition of guarantees of origin for the energy produced by renewable energy sources. The Regulation is defined as inconsistent with the Law of renewable energy and Directive 2009/28/EC of The European parliament and of the Council of 23 April 2009 for encouragement the use of energy produced by renewable sources and amendment and subsequently for repeal of Directives 2001/77/ЕC and 2003/30/ЕC (ОВ, L 140/16 from 5 June 2009), in which a procedure is provided for issuance and transfer of guarantees of origins as a condition for payment at preferential price for electricity produced by renewable sources. As a result of our legal statement that we prepared for the State Energy and Water Regulatory, inconsistencies were removed.

Practice: Energy and Environment

We support the process for grid connection of the objects of producers

In connection with the commissioning of power plants and signed preliminary contracts for grid connection we provided consultations with regard to some problems that arose between the producers of energy and the grid operator concerning the conclusion of a final contract for grid connection and joining to the parallel of sites. The distribution company denied to sign the final contracts for grid connection due to technical impossibility for inclusion in the parallel of sites as well as due to outstanding relations with the transmission system operator. With our teams work the contracts for grid connection were signed and the objects entered into exploitation.

Practice: Energy and Environment

We consulted our client with regard to the finalization of contracts for purchase of electricity, produced from renewable energy sources

With regard to the commissioning of power plants, producing energy from renewable sources we advised our client with regard to the conclusion of contracts for the purchase of energy produced by the respective distribution company. We actively advised on the regulatory requirements and conditions for the sale of energy produced.

Practice: Energy and Environment

We provided full legal services on a project for productions of energy from renewable energy sources with a total installed capacity of 28,250 Kw and worth the investment- 116 million EUR

Since 2008 a team of lawyers is engaged with the complete legal assistance with regard to the implementation of the investment project for construction and operation on small hydropower plants of Fluvial type aimed utilization of renewable energy sources the River Iskar.The work on the legal service on the client covers, as the validity of research already carried to award procedures allowing the realizations of the investment proposal, as the validity of research already carried to award procedures allowing the realization of the investment proposal, also advise and analysis on the needed to carry out specific procedures and supply of specific administrative acts, required for constructions and operations of facilities, considering any change in the current legal framework in the field of energy.The installed capacity of all sites, included in the investment project amounted of to 25 2800kw MW, a total investment amount is 116 million euros,the founding is provided ,as the European bank for Reconstruction and Development, Bulgarian financial institutions and self-financing by the investors. The project is divided into three separate and district phases and it is provided with class investors. In 2009 with the help of our team had completed the first stage to the project and were commissioned in two energy projects 2013 finished the second stage,that were put into operation three energy facilities. The next step is starting the third and the last stage on the project. The consultations of our team cover the overall regulatory framework for the sector, the dynamics of the regulations and their direct application to the specifics of the project aiming to offer the best solutions for the particular case.

Practice: Energy and Environment

Connection with other practices: Environment, Banking and Finance, Real Estate. Urban Planning and Construction Works, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions, Administrative Procedures and Regulations

We prepared an investment process for the construction of a plant for production of electricity and thermal energy on combined method

We worked out a detailed investment process for the realization of the investment plan for the construction of a plant for production of electricity and thermal energy on combined method in order to evaluate the investment plan. All the necessary actions were examined in order to supply the project with the relevant environmental and construction permits as well as the ways for its joining to the gas distribution, electricity distribution and transmission network. Various options were developed for the provision of funding for the investment plan.

Practice: Energy and Environment

Attorneys from „Kinkin and partners“ took part in initiative for amendment on the existing legislation in the areas of energy produced from renewable resources

We actively took part in initiative for amendment on the existing legislation in the areas of electric energy produced from renewable resources. In this context , we prepared various legal opinions on the existence of legal inconsistences between domestic legislation and the regulations of EU Law, and options to supplement the existing legal framework in the sector. Procedures continue to relevant departments and competent authorities.

Practice: Energy and Environment

Our team protected the rights of a producer of ‘’green’’ energy with regard to a refusal for issuing a certificate of origin for the produced energy

In connection with a change in the regulations for the issuance of certificates of origin of electricity produced from renewable energy, on behalf of our client we appealed the decision of SEWRC, which denied issuing such a certificate due to missed deadline for filing. In 2012 the proceedings ended successfully because according to the new provisions of the regulation for issue of certificates such a certificate should be issued even in the cases of missed deadline but after the payment on behalf of the investors of the designated penalty.

Practice: Energy and Environment

Connection with other practices: Administrative Procedures and Regulations

We took part in the procedures for adoption of the National action plan on renewable energy

In the period 2011 – 2012 a team of our attorneys took part in the procedure for adoption of The national action plan on renewable energy and its environmental assessment as reasoned opinions on the proposed text in the plan were presented over its compliance with the relevant provision of the applicable Community Law and internal regulation as well as suggestions for amending the relevant text on The national action plan on renewable energy and its environmental assessment .After the final approval on the text of the Plan by the Council of Ministry of the Republic of Bulgaria in 2013 before the Supreme Administrative Court a process on challenging the same was ignited. The process ended with a decision for lack of legal interest for the appeal.
In 2013 we were engaged with the preparation of a statement concerning the Report for the progress of the Republic of Bulgaria in the encouragement and use of renewable energy and the consequences of it in connection with the removal of part of the preferences for producers of ‘’green’’ energy with new investment proposals.

Practice: Energy and Environment

Connection with other practices: Environment, Administrative Procedures and Regulations

We consulted the participation in the process of concession for utilization of energy resources in the Republic of Macedonia through the construction and operation 44 small hydroelectric plant

In connection with the open procedure for construction and operation of 44 small hydroelectric plants we consulted our client for the opportunities on registered in Bulgaria entities and associations to participate in the procedure and to be assigned to the concession contracts. We conducted full legal analysis on purchased tender documentation and prepared the registration of association of Bulgarian investors.

Practice: Energy and Environment

We consulted the implementation of Law for renewable energy in force since 2011

With regard to the adopted in 2011 Law for renewable energy, we provided statements to our clients, producers of electricity from renewable water sources, concerning the new requirements and regulations mainly related to the determination of preferential purchase prices of electricity produced by renewable energy sources, the order for connection of producers, exceptions to the law and the validity of documents and actions issued and taken under the Law for renewable and alternative energy sources and biofuels.

Practice: Energy and Environment

We provided a full legal analysis for construction and operation of electric hydropower plant on Mesta river

We were engaged with the legal analysis and research of the opportunities for acquisition of projects for constructing of small hydro power plant in river areas with installed capacity of 1.00MW. We prepared a full legal analysis on the investment project and an analysis of the opportunities for its realization and level of project readiness.

Practice: Energy and Environment

Connection with other practices: Environment

Our team consulted the realization of an investment project for energy recovery on Ogosta river waters by construction and exploitation of three small hydro power plants with installed capacity of 4,05 Mw

The „Kinkin and partners“ team have consulted the realization of an investment project for energy recovery on river Ogaosta’s water by construction and exploitation of three small hydro power plants with installed capacity of 4,05 Mw. With our support the status of the realization of the project was determined, all the acquired rights for the realization of the investment were analyzed as well as the acquisition of the project. Currently we provide legal assistance with regard to all the documents needed for starting the realization of the project, including settlement of relations with the competent distribution company, identifying opportunities for connecting and possibilities for preliminary contracts under the Law on Renewable Energy.

Practice: Energy and Environment

Connection with other practices: Environment, Banking and Finance, Real Estate. Urban Planning and Construction Works, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions, Administrative Procedures and Regulations

We performed a complete analysis of the impact of The Regulations for Management of the river basins on investment proposals for construction and operation on hydroelectric power plants

In 2010, related to the performance of duties, assumed under the Water Framework Directive, the first Regulations for Management of the river basins in Bulgaria were adopted for the four areas of Basin management. Because of their direct application a full analysis of the impact of the investment plans on investment proposals for construction and operation of hydroelectric power plants was carried out, regardless of the stage reached in the project .It was ascertained that the Management plan for river basin of the Martisa river, directly prohibits the construction of hydropower plants,regardless of the rights acquired by investors.In this connection, the order of Minister of environmental and water for approving the Plan was challenged as in 2013 the legal case finished with the final decision of five members on Supreme Administrative Court, with which the order of the Minister of Environment and Water and The management plan for river basin of the Maritsa river were canceled in the part where it prohibits the implantation of similar projects.

Practice: Energy and Environment

Connection with other practices: Environment, Administrative Procedures and Regulations

We provided our client with legal analysis on the project for construction and operation of a photovoltaic plant with installed capacity of about 5MW

We analyzed the project readiness and the stage reached by the investment project for construction and operation of a photovoltaic plant with an installed capacity of about 5MW. We analyzed the potential of the project , as well as the opportunities for structuring an investment company in Bulgaria, which to be entrusted with the development of the investment. Due to the loss of interest the preliminary contract for the acquisition of the project was not signed.

Practice: Energy and Environment

We consulted the acquisition of an investment project for the construction of five small hydropower plants along the Maritsa river

In 2010, with the participations of attorneys from our team was finalized the contract for acquisition of an investment project for the construction and operation of five small hydropower plants along the Maritsa River with a total installed capacity of 23,545 kW. In order to finalize the transaction our team conducted full legal analysis on performed to the day of acquisition procedures for the project, as well as the actions, to be taken to its termination. The prepared from us investment project has helped for evaluation of the project prior to its acquisition, as well as evaluating the necessary funding in order to complete the process.

Practice: Energy and Environment

Connection with other practices: Environment, Real Estate. Urban Planning and Construction Works, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions, Banking and Finance

We analyzed the possibilities for grid connection of constructed and commissioned projects.Conclusion of contracts for the sale of electricity produced

In connection with the rearrangement of the legislation in the energy sector, we consulted the opportunities of joining the already established energy projects to the electricity grid, conclusion of the preliminary and final agreements on the accession of such object,as well as contracts for the sale of electricity produced.

Practice: Energy and Environment

We consulted the need from licensing of power producers, whose projects include more than one seperate objects with single installed capacity below 5MW

With regard to the entering in the energy sector of energy production from renewable energy sources, we consulted and analyzed the need for licensing of electricity generators,which projects consist from more than one power projects each with single installed capacity below 5MW, but with total installed capacity of over 5MW.With our support was created the permanent practice to the energy regulator on the licensing of energy companies with similar cases.

Practice: Energy and Environment