The global energy landscape requires appropriate measures to best adapt to the increasingly urgent challenges ahead. Understanding the frequent changes in the regulatory framework is essential not only to operate in the best possible way but also to offer proposals to support the development of renewables and photovoltaics. The in-house legal area is at the center of this process and, as the energy transition moves forward, will increasingly need professionals who interpret their roles at their best in such a dynamic sector.
#SOLARPROFESSIONALS – VITA CAPRIA – THE IMPORTANCE OF A CLEAR REGULATORY FRAMEWORK TO SPEED UP PHOTOVOLTAIC DEVELOPMENT
The global energy landscape requires appropriate measures to best adapt to the increasingly urgent challenges ahead. Understanding the frequent changes in the regulatory framework is essential not only to operate in the best possible way but also to offer proposals to support the development of renewables and photovoltaics. The in-house legal area is at the center of this process and, as the energy transition moves forward, will increasingly need professionals who interpret their roles at their best in such a dynamic sector.
Precisely on these issues, we interviewed Vita Capria, Head of Legal & Corporate Affairs at EF Solare.
In Italy, regulatory measures in recent months seem to be simplifying authorization processes, both for the development of new plants and for revamping and repowering activities. What effects are you noticing in your daily activities?
The urgent need to accelerate the energy transition process and achieve the PNRR goals has led the Italian ruler to approve a series of measures to simplify the authorization processes for new installations and to streamline the permitting process for the revamping of renewable plants close to the end of their life, safe all the necessary environmental assessments.
EF Solare is very active in both development activities and revamping and repowering of plants in its portfolio. The legal department supports the business areas dedicated to these activities, and we have certainly welcomed the simplification process currently underway. Nevertheless, procedures are still lengthy and muddled, mainly because public administrations are not fully prepared for the new simplification tools and often tend to prefer “traditional” ways.
However, we have noticed that the Council of State, as well as some Administrative Regional Courts, are beginning to realize that the ecological transition requires an exception to the rules. They established that “the public interest in the protection of cultural heritage cannot override the environmental interest for the compelling ecological transition.” An example in this direction is agrivoltaic. The well-established jurisprudence states that agrivoltaic plants are worthy of special treatment compared to traditional land-based photovoltaic plants, also considering the measures introduced by the NPRR and the incentives defined by the policy maker.
I hope that over time, public administrations will become more familiar with that and implement the simplified regulations as much as possible, and new installations and upgrades can be authorized on time to promote the energy transition process.
The legal department supports the company across all its business areas. What are the main issues or activities that need to be addressed daily?
I am proud to say that a corporate lawyer sees the business at 360 degrees, being involved in almost all the company’s activities and supporting the different areas of the Group. This is the aspect I like most about my job because you never get bored and grow every day, always dealing with different issues. We take care of the corporate aspects, managing the corporate law of the entire Group, from legal compliance to privacy regulations.
We work closely with the Operations area, supporting it with all legal aspects related to the management of existing assets and the administrative activities necessary to upgrade the plants in our portfolio.
We support the Business Development area for all extraordinary operations to acquire new plants under development or already in operation, following the stages of the authorization process and the operation as a whole.
We assist the Supply Chain area in the preparation and negotiation of contracts with suppliers, also by drafting contractual standards to be adapted to different needs.
We give legal support to the Finance area in the simplification of the corporate structure and in the drafting, negotiation, and management of outstanding loans, as well as in the implementation of the dividend policy.
The work of our team is very complex and articulated, as it interfaces with many areas of the company. It requires careful integration of the legal aspects with the needs of the business to find solutions that safeguard both. It is gratifying to support the various areas of the business to achieve the company’s goals and, consequently, those of decarbonization.
What would you suggest to young lawyers approaching the world of work? What attitude is it important to develop?
As mentioned, the legal area is a function that supports all the different business departments. For this reason, I suggest learning about the business first, approaching each legal issue in a 360-degree way by evaluating all its aspects, not being in a hurry, and always being curious and proactive. My motto is better safe than sorry. A good lawyer is ready to solve problems but must be equally good at preventing them. It is possible by evaluating each situation carefully, always keeping the business goals in mind .
The work of a legal team in a company can be characterized by work peaks and require a lot of effort. However, this should not scare you: if you are organized and learn how to manage your time, the role of the company lawyer can be rewarding.
You must be enthusiastic about your work, knowing that you learn something every day and build a strong professionalism for the future.