Wind in the sails of RES

One of the effects of the recent 23rd edition of the #POWERPOL energy and district heating congress is a growing sense of déjà vu, as, we hear about the same problems that arise without exception with all investment projects related to RES energy sources.

Raising funds, which might seem the most difficult, in practice, is not the biggest hurdle.

From the perspective of an Attorney at Law for business ventures such as the construction and operation of biogas plants, the main factors that slow down the implementation of such plants are administrative and legal barriers. This is exactly what we hear from clients when it comes to wind farm and photovoltaic projects, because not infrequently, the same provisions are involved.

What should an investor do when asked: ‘Counselor, how much time do we need to obtain a final administrative decision in this case’ (one of many in the project) and the legal advisor’s answer is: ‘From one month to three years’? How, in such a timeframe, can one responsibly set a schedule for the implementation of the investment and correlate it with the business plan?

One may encounter the view that, as lawyers, we should be happy with the current legal status quo because it means more work for us. This may well be the case, but one can also dedicate himself to solving more important legal issues than the vivisection of yet another document necessary to be issued with an environmental decision. The higher the rank of the legal issues being resolved, the greater the satisfaction of being part of a project whose results may even be visible in the city skyline and whose effects will benefit its inhabitants.

“There are a total of 41 energy milestones that bring Poland closer to obtaining funds from the National Reconstruction Plan.“ Some of them have already been completed, while others should be achieved in the 2025 and 2026 horizon.” [Rzeczpospolita, 15.12.2022]. Following the turbulent fate of the so-called ‘Windmill Act’, only incorrigible optimists believe that the aforementioned time horizon of 2025 and 2026 is realistic.

Years pass, the political pendulum swings, and the effects of ‘simplifying’ administrative procedures yet remain to be seen. Therefore, it makes sense to use industry organisations or events such as congresses and conferences as a source of signals to the legislator on what really needs to be changed. And so on until the result, hopefully positive for RES companies.

Robert Mróz, Attorney at Law