Energy law

Kellerhals Carrad has substantial expertise and years of experience in energy law, as well as in-depth knowledge of the politics of the industry and of the regulatory framework in the areas of transmission and distribution of electricity, gas and thermal energy, and water supply.

Our clients are international and national or local acting energy providers and traders, power plant operators, large energy consumers and producers with private supply (private consumption), as well as authorities and other public institutions.

Our broad team of specialists enables us to offer our clients assistance as they require. This includes, not only market regulation or regulations’ management, but also the contractual aspects of the energy industry, competition law, M&A transactions, restructuring, concessions and authorisations’ procedures.

Competences

Electricity and gas regulations

The regulation of the deregulated and partly deregulated markets is highly complex. We assist companies and other stakeholders for example in the area of compliance, in the development of new business models or with administrative proceedings before the regulatory authorities (ElCom or the Swiss Federal Office of Energy).

General energy law

Energy law comprises numerous provisions to promote, encourage and further develop renewable energies. We accompany the applicant in an advisory capacity in the relevant proceedings, assist large energy consumers with the compensation of emissions and provide advice for producers and consumers concerning the realisation of their private consumption or private supply in the area of energy contracting.

Construction and urban planning law and concessions in the energy industry

The construction of systems for the consumption of energy, such as hydropower plants, wind farms, photovoltaic systems, and electricity and gas lines is frequently a complex and extensive undertaking. We advise building contractors, project promoters, as well as authorities on urban planning and authorisations’ proceedings of all sorts and in all stages of the project, including in the expropriation and concession proceedings, and in the drafting and negotiation of contracts.

Proceedings’ management and litigation

Procedures before regional and federal Courts or administrative proceedings before the regulations’ authorities cannot always be avoided. We represent your interests in such procedures before all authorities, and regional and federal Courts.

   

Deals / Cases / References
  • Legal opinion for a large energy supply company following a reference judgement of the Swiss federal Court regarding electricity supply
  • Legal opinion regarding the bearing of costs in the case of the common use of a pipeline system for a fibre optics’ grid and an electricity grid on behalf of a township and a telecommunications’ Company
  • Counsel of a site network operator and real estate owner regarding questions of private consumption and private supply as well as the relating tenancy law aspects
  • Representation of an energy supply company before the Courts in an electricity supply procedure
  • Successful representation of an energy supply company before a cantonal administrative Court regarding allocation of network area (direct new allocation by the Court)
  • Support of several projects of photovoltaic systems regarding the procedure for building permits, partly with previous rental of private roof surface
  • Establishment of an inter-cantonal company for the representation of the public interests of Swiss companies, which are active in the areas of energy and electricity
  • Energy contracting in the area of district heating