CHP (combined heat and power) encompasses all aspects of energy law. For an economically optimised operation of CHP plants – they range from small cogeneration units with a performance of a few kWel to large CHP plants with several hundred MWel – a number of special laws apply.

Next to the laws for CHP subsidisation and the Energy Industry Act as general framework, the laws concerning energy taxation, the Federal Immission Control Act and numerous regulations are of significant importance. The importance of the Renewable Energy Sources Act for CHP plants is increasing as well since the plants are environmentally friendly as they are generated by renewable energy and therefore eligible for subsidies pursuant to the Renewable Energy Sources Act.

In the area of CHP we provide comprehensive legal advice, ranging from the planning and development of power plants to their eventual construction and operation. We prepare procurement documents, apply for subsidies and licences, draft contracts (e.g. construction contracts, articles of association, operator’s and operation contracts, financing contracts, fuel purchase agreements, power and heat delivery contracts) and attend negotiations.

At the same time our work in the relevant professional associations, provision of expert advice at political level, numerous publications and annotations allows us to maintain a strong network with all important decision makers in the ministries, public authorities, courts and the legislature.

Our clients in the area of CHP include energy supply companies, industrial companies, airports, grid operators, companies engaged in project management and operations, banks, professional associations and national ministries as well as the ministries of the Federal States. In the context of legislative proceedings governing the CHP area, we have been invited to attend the technical committee of the German Bundestag as experts on numerous occasions. Furthermore, we have successfully represented our clients in numerous court proceedings relating to CHP subsidisation.

Contact persons in this area are Dr. Martin Riedel (Berlin), Ulf Jacobshagen (Berlin), Matthias Albrecht (Munich).