Energy, Infrastructure and Environment

Kellerhals Carrard has proven expertise and a wealth of experience in the field of energy law, as well as in-depth knowledge of sector policy conditions and regulatory frameworks relating to the transmission and distribution of electricity, gas, heating, and water supply.

Our clients include both international as well as national and municipal energy suppliers and traders, power plant operators, large energy consumers and producers with their own energy supply (own consumption), real estate companies as well as authorities and other public institutions.

Our broad team of specialists enables us to offer our clients needs-based support. This includes not only the areas of market regulation and regulation management, but also contract law aspects from the energy sector, antitrust proceedings, M&A transactions, restructuring, data protection issues, concessions and licensing procedures.

Electricity and gas market regulation

The regulation of liberalized and partially liberalized markets is extremely complex. We support companies and other stakeholders in areas such as compliance, developing new business models and administrative procedures with regulatory authorities (ElCom or Swiss Federal Office of Energy).
Finally, we have a wealth of experience in legislation and edit draft laws and regulations for communities.

General energy law

Energy law contains numerous provisions for the promotion, support and expansion of renewable energies. We advise the applicants in the relevant proceedings, support large energy consumers in the area of reimbursement of energy taxes, prosumers in the implementation of their own consumption and energy suppliers in the field of energy contracting.

Construction/planning law and licensing in the energy sector

The construction of facilities for the use of energy, such as hydroelectric and wind power plants, photovoltaic installations and electricity and gas pipelines, is often a complex and extensive undertaking. We support clients, project sponsorships and authorities in planning and approval processes of all types and at all stages of the project, including expropriation and licensing procedures, issues relating to the right to reversion, as well as in drawing up and negotiating contracts.

Conducting legal proceedings

Lawsuits at cantonal and federal courts as well as administrative proceedings before regulatory authorities cannot always be avoided. We represent your interests in such proceedings before all authorities as well as cantonal and federal courts.

Deals / Cases / References

• Numerous legal opinions (expansion of renewable energies and spatial planning; electricity pricing; licensing of hydro power plants; right to reversion; use of passive fiber optic and electricity infrastructure; legislative and enforcement powers) 
• Accompanying legal proceedings, editing draft decrees for numerous municipalities
• Support for numerous mergers of energy providers
• Advising area network operators and property owners on issues relating to own consumption, self-sufficiency and tenancy law aspects
• Representing energy utilities before the regulatory authority ElCom and in legal proceedings
• Supervision of several projects for photovoltaic systems as part of the planning permission process, some with prior roof space rental under private law
• Support for numerous projects for the construction of infrastructure facilities, including power lines
• Creation of an inter-cantonal society to represent the public interests of Swiss companies who are active in the energy and electricity sectors
• Energy contracting in the district heating sector