Energy

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Energy

With the implementation of landmark legislation in June 2001 dismantling a vertically-integrated electric power industry, the country's energy industry continues with the long process of total restructuring in an environment of increasing power requirements, pressing need for local or alternative fuel resources and developing regulatory framework. The Firm's Energy Practice has maintained its strategic position in the industry with its firm grasp of the various legal, regulatory and commercial issues which arise with reforms. PJSLAW takes pride in its Energy Practice and its continuing role in the long-term viability of the Philippine energy industry. We value the privilege of being able to participate and serve in the upstream and downstream petroleum sectors, the power industry and the emerging renewable energy market

Pioneering Experience

Acts as counsel to Therma Luzon Inc., a subsidiary of the Aboitiz Power Corporation, the first appointed independent power producer administrator (IPPA). We assisted client in its successful bid for the selection of IPPA for the management of the 700-MW Pagbilao coal-fired power facility in Quezon currently owned by the National Power Corporation in a public bidding process undertaken by the Power Sector Asset and Liabilities Management Corporation's (PSALM). The contract was awarded by PSALM to Therma Luzon for its bid of USD691 million on 4 September 2009 and the transaction closed after only a month, on 1 October 2009.
PJSLAW assisted Bronzeoak Philippines in the financing, development and construction of the first integrated sugar mill-distillery-power plant complex in the Philippines put up by Bronzeoak subsidiary, San Carlos Bionergy Corporation, in San Carlos, Negros Occidental.
Acted as legal counsel to the Philippine Electricity Market Corporation (PEMC), the public-private partnership corporation established for the operation of the Philippine Wholesale Electricity Spot Market (WESM). As counsel, we assisted PEMC in obtaining all legal, institutional and regulatory requirements for the commercial launch of WESM in July 2006.

Gaining Traction in the Industry

Acting as legal counsel to Aboitiz Power Corporation and its project company, AP Renewables, Inc., in its successful bid and Closing for purchase of the 747MW Tiwi-Makban Geothermal Power Complex of the National Power Corporation pursuant to bid process conducted by PSALM. Continuing work involves review and negotiation of power sales agreements and other implementing contracts, including steam sales agreements.
Successfully assisted Steag State Power Inc., a joint venture company of Evonik Steag GmbH, Aboitiz Power Corporation and La Filipina UyGonco Corporation, in the negotiation and financial close of its US$80 Million refinancing for its 232MW coal fired power plant located on the island of Mindanao, Philippines.
Acted as local legal counsel to one of Thailand's established power companies and considered as biggest coal supplier in the region, in its bid for the acquisition of the 2x300MW Calaca Coal-Fired Thermal Power Plant under the privatization process conducted by PSALM.
Acted for the Aboitiz Power Corporation (APC) in its acquisition of shareholding interest in STEAG State Power, Inc., the project company owning and operating a 210MW coal-fired thermal power plant in Mindanao, Philippines. As counsel for APC in the acquisition, PJSLAW assisted in the due diligence review of documents provided by the Seller (STEAG AG), provided advice in the review and negotiations of the Share Purchase Agreement, Shareholders Agreement and financing documents, and assisted the parties in achieving Financial Close for the transaction.
Assisting AES Corporation in regulatory matters involved in its operations of the 600 MW (net) Masinloc coal-fired power plant. PJSLAW also acted for AES in its proposed bid for appointment as IPPA for the management of the 345-MW San Roque Multi-Purpose Hydroelectric Power Plant, 70-MW Bakun Hydroelectric Power Plant, and 30-MW Benguet Mini-Hydro.
Advising SN Aboitiz Power, Inc., a joint venture between SN Power of Norway and the Philippines' Aboitiz Power Corporation, and providing assistance to its project companies operating the Magat Hydro-Electric Power Plant and the Ambuklao-Binga Hydro-Electric Power Plants. Work includes assistance in negotiating and drafting power sales agreements, transmission contracts, ancillary services agreements and WESM-related transactions, including providing representation with the Energy Regulatory Commission for the approval of supply agreements.

Greenfield Projects, Traditional and Renewable Resources

Acting as local legal counsel for client's development and operation of a coal-fired power generation plant in the Subic Bay Freeport Zone. Work includes structuring, drafting and review of operational and project financing contracts, representation before various government agencies and private entities, review of and advise on licenses and permits issued by and contracts with government agencies and administrative bodies, advice on intellectual property laws and regulations in relation to its licensing and technology transfer agreements, assistance in corporate and social responsibility programs, advice on labor matters and advice on fiscal and non-fiscal incentives specific to the power generation industry.
Advising companies intending to engage in the assessment, exploration and development of wind power resources in the Ilocos Region, Casiguran, Aurora and San Carlos City, Negros Occidental. Work primarily involved providing legal advice on the Philippine regulatory framework for wind energy projects, particularly on the requisite government approvals and procedures for entering into a contract with the Philippine government.
Advised a UK-based petroleum exploration company in its acquisition of participating interest in various oil and gas exploration and coal production contracts in the Philippines. Our work includes assistance in corporate structuring and registration, obtaining clearance and approvals on the transfer of interests, and advice on coal and petroleum exploration and production issues arising in the Philippine legal framework.

Towards a Viable Industry

Currently serves as legal consultant to the International Finance Corporation (IFC) in relation to its advisory services being rendered to the Department of Energy (DOE) for the development and promotion of private sector participation (PSP) in the Philippine Government's Missionary Electrification/rural electrification program. The Firm's involvement includes the identification of and coordination with relevant stakeholders; participation in information dissemination and public awareness campaigns; assistance and advice in the conduct of a competitive selection process; coordination with regulatory authorities in the formulation of regulatory framework and policies; and briefings and consultations with potential investors.
Assisted an inter-agency committee (composed of the Department of Energy, Department of Finance, the National Power Corporation and the Power Sector Assets and Liabilities Management Corporation) in the negotiations of a US$163 Million deferred payment facility covering the exploration and drilling of the Malampaya gas fields in Palawan, Philippines.