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Energy & RES

Capacity market and flexibility services

For generators considering participation in a capacity market auction, operators of energy storage, industrial consumers with demand reduction potential and aggregators building a unit out of several facilities.

Fee
from 2 300 EUR net
Prices are net, in EUR. VAT depends on your status and place of establishment.

You can order this service directly, without a prior consultation. We confirm the scope and the fee before we start.

Request a quote Book a consultation first
A consultation is optional. To discuss your matter with a lawyer first, you can book a consultation for PLN 600 net + VAT. If you then order the work, its cost is credited against the project fee.

Before we start, we agree and confirm the scope and the fee. The price is indicative and does not constitute an offer within the meaning of the Polish Civil Code.

What it includes

  • Assessment of the qualification of the unit and choice of the route of participation in the auction
  • Review of the certification and auction documentation before it is filed
  • Assessment of the obligations under the capacity agreement together with the consequences of failing to perform them
  • Assessment of state aid risks for the planned participation
  • Assessment of management board liability for the decision to enter the auction

What the price does not include

  • Representation in proceedings before the Energy Regulatory Authority (URE), agreed as a separate stage
  • Technical advice and measurements, which remain with the technical services
  • Preparation of a notification to the European Commission, which is a task of the member state

What you receive

  • A written assessment of the participation, with a list of risks and a recommended order of action
  • Comments on the certification and auction documents before they are filed
  • A description of the obligations and sanctions under the capacity agreement for the planned unit
How it works

How participation is assessed

The work belongs before certification, before the board decision and before any document creating a capacity obligation is signed. Four steps.

  1. Qualification of the unit

    We assess the qualification of the unit and the route of participation, including demand reduction units and energy storage.

  2. Documentation review

    We review the certification and auction documentation before it is filed and give comments on it.

  3. Obligations and sanctions

    We describe the obligations under the capacity agreement together with the sanctions for failing to perform them.

  4. Risks and liability

    We assess state aid risks, including scenarios of an unfavourable European Commission decision, and management board liability for the decision to enter the auction.

Who this is for and when

The service is addressed to generators considering participation in a capacity market auction, operators of energy storage, industrial consumers with demand reduction potential and aggregators building a unit out of several facilities.

The matter belongs with us before certification, before the management board decides to enter the auction and before any document creating a capacity obligation is signed. Once the obligation has been contracted, the work shifts from assessing participation to performing the agreement and defending against sanctions, which is a harder starting position.

What the analysis delivers

The deliverable can be a written assessment of the participation: the qualification of the unit, the list of documents to be filed, the obligations under the capacity agreement together with the consequences of failing to perform them, and the state aid risks. Comments on the documents before they are filed come with it.

The agreed scope may cover the qualification of the unit and the route of participation, including demand reduction units and storage, the review of the certification and auction documentation, the description of the obligations and sanctions under the capacity agreement, the assessment of state aid risks together with scenarios of an unfavourable European Commission decision, the assessment of management board liability for the decision to enter the auction, and, in the case of aggregation, drafts of the provisions of the agreements between the entities forming the unit. No auction result and no particular decision of an authority is promised.

What documents are needed and why

Technical data of the unit allow its qualification and route of participation to be assessed. Certification documents show the stage the procedure has reached and what can still be changed. The auction schedule sets the deadlines that govern the order of the work. Agreements with the entities that are to form the unit matter where aggregation is planned. A description of the project and of the materials already held is enough to start.

What the fee depends on

  • Number of units and facilities forming the capacity market unit
  • Whether the unit is new, refurbished or existing
  • Presence of aggregation and the number of entities within the unit
  • Need for a state aid assessment with scenarios of a European Commission decision
  • The deadline by which the documents have to be filed

We agree the fee individually, at an hourly rate or as a flat fee, and confirm it before we start.

Request a quote

To order this service, describe your matter. A consultation is not required. We confirm the scope and the fee before we start.

Information you share in connection with legal assistance is covered by the professional secrecy of advocates and attorneys-at-law under Polish law.

How to start

You can order this service directly or book a consultation first. A consultation is not required to order the service.

Book a consultationContact us