Energy & Natural Resources
Michał Motylewski is a Counsel and Energy Transition Director in the Warsaw office with over 20 years of experience in providing legal advisory services to governments, energy sector companies, financing institutions, industrial and commercial clients, and business associations.
Regions covered
Full Profile
Since 2003 Michał advises clients on projects in the European Energy Market, focusing on business oriented regulatory, project development, contractual and transaction advice. He also assists state aid, competition, public procurement and dispute avoidance and resolution teams in complex infrastructural and energy cases.
Michał supports clients in relation to all types of business decisions related to Climate and Energy Transition, from on-shore and off-shore renewable energy (RES) projects, battery storage, combined heat and power generation (CHP), and nuclear energy, through to electromobility, renewable hydrogen, energy efficiency, bio-fuel and biochemicals, power and gas network development and integration, and wholesale and retail energy markets.
He’s experienced in subsidy systems for RES, capacity and balancing markets, cross-border transactions, including infrastructure development, energy commodity and derivatives trading, REMIT and MiFID 2 compliance, market-coupling, as well as power purchase agreements (PPA) and multi-purpose interconnectors.
Michał supports domestic and international business associations, contributing to advocacy efforts of WindEurope, Lewiatan Confederation and the Polish Energy Trading Association (TOE), working on matters involving Business Europe and the European Federation of Energy Traders (EFET). He represented clients at the Court of Justice of the European Union (CJEU), the Agency for Cooperation of Energy Regulators (ACER), and National Regulatory Authorities for Energy (e-Control, ERÚ, URE).
Experience
- Polish Offshore Wind Program: Advising multiple international financing institutions on the subsidy and regulatory schemes, project risks, permitting, and development of offshore wind parks in the Baltic Sea – Polish Exclusive Economic Zone.
- Power Purchase Agreements (PPA): Advising Orange Polska (in partnership with PwC) on drafting and negotiating long-term, financially settled cPPAs with a global energy and services group, supporting the operation of five photovoltaic projects located in Romania, as well as on a cross-border PPA with offtake located in Romania and RES generation assets located in Bulgaria.
- Power Purchase Agreements (PPA): Advising Tion Renewables on drafting and negotiating a long-term, financially settled cPPA with Saint-Gobain, embracing electricity and Guarantees of Origin from 52 MW wind parks.
- Offshore infrastructure: Advising Lotos Petrobaltic, one of the largest Polish petrochemical groups, concerning the preparation of the business structure for the commercial development and exploitation of an oil field located in the Polish economic zone of the Baltic Sea (Project B8).
- Renewable project finance: Advising a consortium of three banks – EBRD, PKO Bank Polski and Bank Pekao – in connection with the PLN 763 million financing provided to GOLDBECK SOLAR and Respect Energy for the construction of the largest standalone photovoltaic farm in Zwartowo, Poland (target capacity of 286 MW).
- Cable-pooling: Advising an independent power producer (IPP) on project structuring, regulatory framework and drafting of project documentation supporting the extension of existing RES assets through additional, independent technology added with the help of cable-pooling. Advice includes bankability allowing non-recourse project financing of the pooled new asset.