Area 07 · Advice and representation
Energy law
Legal advice and dispute resolution for businesses, producers and investors in the electricity and gas sectors. Assistance with supply agreements and PPAs, energy markets, permits, renewables, grid connections and dealings with authorities and operators.
Experience and teaching
Experience in energy markets and regulation
Before becoming a partner of the firm in 2012, Elisa Scerbo gained several years of experience in the Legal and Regulation department of GME – Gestore dei Mercati Energetici, Italy’s energy markets operator. Her first-hand knowledge of market rules and operations now supports the firm’s work for businesses on contracts, investments and dealings with authorities and market or network operators, in both advisory matters and disputes.
How we assist
Energy procurement, sales and long-term agreements
Negotiation and review of electricity and gas supply agreements, long-term power purchase agreements (PPAs) and arrangements between producers, traders, suppliers and business customers. Assessment of pricing formulas, volumes, security, imbalance responsibilities and adjustment, withdrawal and termination clauses. Assistance with billing, settlement, non-performance and continuity of supply disputes.
Market access and participation
Advice on admission to and participation in GME markets and platforms, market rules, participation agreements, collateral and contractual obligations. Assistance in dealings with market operators and in assessing measures affecting business operations, including suspension, exclusion and financial disputes.
Regulation, networks and system services
Analysis of ARERA regulation and its effects on business models, contracts and investments. Assistance in dealings with Terna, distributors and other network operators concerning connections, access, transmission, dispatching, metering and charges. Support in regulatory engagement and oversight proceedings, and with delays and requirements affecting plant operations.
Renewables, storage and project development
Legal review of permits and procedures for renewable energy plants, storage systems and energy infrastructure. Assessment of authorisations, environmental reviews, land availability, surface rights and dealings with public authorities. Legal support from development through modification and operation, working alongside technical advisers.
Incentives, self-consumption and energy communities
Advice on eligibility for and continued access to support schemes, agreements with GSE, and inspections, withdrawal of support and recovery proceedings. Assistance with the structure and contracts of renewable energy communities, self-consumption and energy efficiency projects, including ESCo arrangements and energy performance contracts.
Investments, acquisitions and project contracts
Legal and regulatory due diligence on energy businesses, plants and portfolios; assessment of permits, connections, incentives and contractual constraints. Negotiation of acquisition and development agreements, engineering, procurement and construction (EPC) and operation and maintenance (O&M) contracts, and security arrangements. Coordination with any Golden Power issues and lenders’ requirements.
Market integrity and compliance
Support on applicable energy market transparency and integrity obligations, including REMIT: internal arrangements, inside information, reporting processes and responsibilities. Coordination with corporate compliance under Legislative Decree 231/2001, anti-corruption safeguards, supply-chain security and cybersecurity obligations applicable to the operator.
Disputes, sanctions and protection of operations
Assistance in enforcement proceedings and disputes concerning regulation, permits, connections, incentives, supply and project contracts. Representation before administrative and civil courts and in arbitration; assessment of interim measures, damages claims and applicable conciliation procedures. Strategies take account of business continuity, investment timetables and financial exposure.
Illustrative example
Bringing an energy investment into operation
A business intends to acquire a renewable energy plant and sell its output under a long-term agreement. Assistance may include reviewing permits, grid connection and incentives, assessing the seller’s warranties and negotiating the PPA. Identified issues are addressed through contractual conditions, remedial steps or protective action, alongside the transaction’s technical and financial advisers.
A hypothetical situation illustrating the work undertaken. It does not describe a particular client engagement.
Tools and services
Due diligence and regulatory opinions; review of PPAs and supply, construction and operating agreements; submissions in proceedings; assistance in dealings with authorities and market or network operators; compliance arrangements; court and arbitration representation.
Contact
An initial conversation.
A clear direction.
For an initial assessment of your matter and the assistance available, contact the firm’s office to arrange a confidential meeting, in person or by video call.
Email the firm
segreteria@studiotuzza.itTelephone
+39 06 5922543Office hours
Monday–Friday · 09:00–19:00