Kirsten specialises in energy law and has extensive experience in the energy and industrial sector. She acts as counsel to various energy companies and industrial companies in respect of projects, transactions, commercial contracts, joint ventures, regulatory and financial matters.As a true sector specialist she has an extensive track record in respect of:
- projects and project development including wind parks (onshore and offshore), power plants, gas exploration and production and industrial plants (e.g. steam or hydrogen plants, LNG terminals, pipelines etc.);
- M&A transactions including controlled auctions for wind parks, interests in offshore gas fields and pipelines, industrial restructurings and private M&A transactions in the sector;
- commercial contracting including power purchase agreements (including corporate PPA's), (industrial) gas supply agreements (including natural gas, steam, hydrogen, nitrogen etc.), transport and storage agreements, tolling agreements and refinery gas agreements utilities agreements (including water and heat);
- joint ventures in relation to wind parks, power plants, upstream gas projects and for innovative projects such as a waste to chemicals project;
- regulatory matters including connection and transportation issues, third party access, gas quality matters, program responsibility and balancing, CO2 emissions trading, SDE subsidy aspects and EU Energy Regulations;
- real estate aspects including pipeline issues and lease and ownership aspects.
“An interviewee commends her ‘excellent knowledge of energy rules and regulations in the Netherlands.’”Chambers Europe, Energy & Natural Resources: Transactional (2019 Edition)
“Kirsten Berger wins praise from clients for her ‘very sharp intellect and strategic mindset,’ alongside her appreciation of ‘both the legal and commercial implications’ involved.”Chambers Europe, Energy & Natural Resources: Transactional (2019 Edition)
“Kirsten Berger is ‘responsive and practical.’”Legal 500, Energy: Transactional (2019 Edition)
RecommendedLegal 500, Energy: Regulatory (2019 Edition)
Leading IndividualLegal 500, Energy: Transactional (2019 Edition)
"Kirsten Berger is a well-respected energy transactional lawyer, who clients describe as 'very precise, practical and knowledgeable in this field.' She is often mandated on wind, LNG and power plant projects, regularly advising leading energy companies."Chambers Europe, Energy & Natural Resources (2018 Edition)
"Kirsten Berger is experienced in pipeline, wind park and plant projects, as well as commercial contracts and M&A transactions. Interviewees say 'She is very intelligent and knows the regulatory framework of transactions.' and 'Kirsten is quick, well informed, has a great memory and is always in a good mood.'."Chambers Europe, Energy & Natural Resources (2017 Edition)
QUALIFICATIONS & EXPERIENCE
- LL.M. Civil Law (Leiden University)
- LL.M. Tax Law (Leiden University)
- LL.M. Notarial Law (Leiden University)
Kirsten advised several large European energy companies (including Uniper and Engie) in respect of various projects and contracting/regulatory matters regarding gas capacity, gas quality and LNG.
Kirsten advised various parties (including Dong, Eneco, Northland and Gemini) in respect of offshore and onshore wind projects, as well as solar projects (including SEGRO in respect of the construction of a solar project).
Kirsten advised a confidential client in respect of several corporate PPA's with wind and solar parks.
Kirsten advised Air Liquide in numerous matters including construction projects (such as the Pergen cogeneration project on the Shell Pernis site in Rotterdam and the construction of a hydrogen plant in Rotterdam), numerous long-term supply agreements in respect of industrial gases and utilities, M&A transactions, joint ventures (e.g. in relation to cogeneration plants and CCS development) and pipeline matters.
Kirsten advised various parties in respect of their acquisition or divestment of off-shore gas field interests and/or offshore pipelines such as NGT.
Kirsten advised various clients in respect of the acquisition of retail motorway stations, including NRGValue in respect of its acquisition of more than 100 ExxonMobil retail stations in the Netherlands.
Kirsten advised various sponsors in respect of the construction and operation of newly built gas-fired power plants, including EDF in respect of the Sloe power plant (870 MW, owned and operated by a joint venture between EDF and PZEM) and Eneco in respect of the Enecogen power plant (870 MW, owned and operated by a joint venture between Eneco and Dong).