RENEWABLE ENERGY

Harnessing legal expertise towards a sustainable future.

Quite literally, the energy sector powers the world’s development. As energy-guzzling economies around the world continue to use fossil fuels, there is growing acknowledgement that the entire world is paying the price by way of expanding carbon footprint, continued damage to the ozone layer, global warming etc. Nuclear energy is cleaner, but there are other risks. Hence, in India and many other countries, solar energy, wind energy and other forms of renewable energy are gaining popularity.

Our extensive experience in this sector has benefited clients including original equipment manufacturers, independent power producers, retail customers, captive power providers, captive consumers, distributors, open access suppliers, open access consumers or regulators of energy.

We have in-depth experience advising our clients in various matters relating to setting up of solar energy, wind energy and hybrid power projects, including transactions involving assistance with real estate issues in the sector, advice on NA conversion, land ceiling exemptions, due diligence on land and land related approvals, wind farm structuring, project structuring, due diligence on projects, technical approvals and intellectual property / technology, drafting and vetting power purchase agreements with state utilities on behalf of IPP, private power supply arrangements, captive and group captive arrangements, open access arrangements, accessing government subsidies and incentives, registration of projects for availing GBI, REC and carbon credits, supply, erection and commissioning agreements, arrangements for evacuation of power and shared infrastructure, operation and maintenance agreements, descoping agreements for power projects post the term of operation and maintenance engagements, project and equipment finance in Indian and foreign currency etc.

Our specialists have been involved in government advisory services relating to development of energy projects, which provides an intricate understanding of the industry and is consistently applied in the services offered by us.

Our team has also represented and assisted with bidding process, reverse bidding process, Swiss challenge process, bid preparation, bid submission, allotments of capacity, evacuation arrangement, bay allocation and assisted concessionaires and contractors inter alia in identifying and tackling legal, regulatory, policy and contractual risks in the development of power projects, disputes involving power purchase agreements with the State, grant of long-term connectivity, provision of evacuation infrastructure, grant of licenses and government approvals, operation and maintenance of power projects and shared services, protection of intellectual property relating to technology in renewable energy, land development etc. before various forums including the Hon’ble Central Electricity Regulatory Commission, Hon’ble High Courts and State Electricity Regulatory Commissions across the country, Hon’ble APTEL, National Green Tribunal, MSEFC, subordinate courts across jurisdictions and distinguished arbitral tribunals.

We have been associated with industry associations as advisors and assisted with obtaining benefits for the industry from state and central governments.

We also help innovators and developers of new methods to improve the energy value chain (e.g. by minimizing T&D losses, improving billing accuracy or efficiency, reducing consumption etc.) while safeguarding their IPR.

We have assisted in mergers and acquisitions in the energy sector representing sellers and acquirers including for structuring of M&A transactions to ensure compliance with approvals and regulations while meeting commercial objectives.

Over the years, we have also assisted clients in the conventional energy sector on commercial, real estate, compliance and litigation matters.
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  • Ranked by Legal500 for Projects & Energy Practice in 2021.
  • Honourable mention as INDIA – In-House Community Firms of the Year, 2018 by Asian mena Counsel Firms of the Year for Energy & Natural Resources Practice.
The services we render, inter alia, include:
  • Advisory relating to identifying and tackling legal, regulatory, policy and contractual risks in the development of renewable energy projects
  • Assistance with real estate issues in the sector, advice on NA conversion, land ceiling exemptions, due diligence on land and land related approvals, wind farm structuring
  • Project structuring, due diligence on projects
  • Assistance in procuring technical approvals and intellectual property / technology
  • Drafting and vetting power purchase agreements with state utilities on behalf of IPP, private power supply arrangements, captive and group captive arrangements, open access arrangements, accessing government subsidies and incentives, registration of projects for availing GBI, REC and carbon credits, supply, erection and commissioning agreements, arrangements for evacuation of power and shared infrastructure, operation and maintenance agreements, descoping agreements for power projects post the term of operation and maintenance engagements
  • Advice on project and equipment finance in Indian and foreign currency
  • Identifying and mitigating potential risks in financing projects and rendering advise on adopting appropriate measures to establish structures of funding to draw investments and mitigate exposure
  • Drafting EPC, manufacturing and installation agreements, energy purchase agreements, bidding documentation, turnkey project implementation documentation, funding arrangements, customer documentation
  • Strategizing litigations and alternate dispute resolution proceedings, representing and litigating before the State Electricity Regulatory Commissions, Central Electricity Regulatory Commission, Appellate Tribunal for Electricity, National Green Tribunal, Hon’ble High Courts, Hon’ble Supreme Court of India etc.
  • Wide range of regulatory advisory
  • Protecting and licensing intellectual property rights
  • Environmental compliance and permits etc.
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Jeevanandham Rajagopal

Partner

Aravindhan S

SENIOR ASSOCIATE

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