ENERGY, UTILITIES & NATURAL RESOURCES

Energy, Public Utilities, and Natural Resources are one of the strongest practices of SEE Legal.

A brief summary of a selection of SEE Legal recent experience in Energy, Public Utilities, and Natural Resources, listed alphabetically by jurisdiction, is as follows:

Albania

• Assists in the implementation of REBIS to create Regional Electricity Market Infrastructure;
  
  
• Advised Premier Oil on energy investments;
  
  
• Co-operated with Andersen Legal Italy to assist EnelPower and B.E.G. S.p.A. with the legal due diligence for a concession on Vjosa River for the building of a Hydro Power Station;
  
  
• Advised Matra Systems and Information on financing of energy projects;
  
  
• advise KESH, the Albanian Electricity Company;
• assisted the Ministry of Public Works in the rehabilitation of Water Utilities;
  
  
• Assisting Austrian Water Technologies on institutional strengthening of Water Supply and Waste Water Utilities Enterprises

Bosnia and Herzegovina

• Official consultant on all practical issues associated with the transformation of the entire energy sector in BiH

Bulgaria

• Advised the Bulgarian government on the construction of the Bourgas – Alexandroupolis trans-national oil pipeline;
  
  
• Advised international bidders in connection with the building of a new thermal power plant and the rehabilitation of an existing thermal power plant;
  
  
• Acted for a large U.S. company to establish a joint venture with Bulgargas for exploration of natural gas resources;
  
  
• Involved in the modernization of Kozloduy Nuclear Power Station;
  
  
• Advised on research and exploration agreements and joint venture arrangements;
  
  
• Drafted the first concession for:
  • mining and exploration of underground natural resources in Bulgaria;
  • the largest copper and pyrite mine in Europe;
  • for exploration of underground natural resources for two of the cement manufacturers in Bulgaria.
  
  
  
• Advised bidders on obtaining a concession for the operation of the water utility in Sofia;
  
  
• Worked for the EBRD on the legal regime of local water supply and disposal in Bulgaria;
  
  
• Advised a local private company on obtaining a concession for one of the largest mineral water springs in Bulgaria;
  
  
• Advised American Standard, Inc. and its local subsidiaries on:
  • the construction of the first private pipeline for natural gas in Bulgaria, and
  • the establishment of a gas distribution company.
  
  
  
• Provide consultancy services to the Bulgarian government on the legal issues arising from the privatization of the seven electricity distribution companies operating in Bulgaria;
  
  
• Advised international bidder in the process of privatization of several district heating companies;
  
  
• Advise one of the bidders in the ongoing privatization of three major thermo-electric power plants in Bulgaria (TPP Varna, TPP Rousse and TPP Bobov Dol).

Croatia

• Advised Croatian Government on concession agreement for maritime oil terminal;
  
  
• Advised U.S.-Hungarian consortium in tender procedure for oil-refinery modernization;
  
  
• Local counsel of OMV for development of Croatian operation;

Greece

• Advised the private and the public sector on licensing for the establishment of wind parks and solar parks, co-generation, and renewable resources;
  
  
• Advising on the establishment of the new electricity regulatory framework and the privatisation of the power sector in Greece and the mining industry such as acquisition of mining rights and quarries;
  
  
• Acted as leading firm for the deregulation of the electricity market on behalf of the Greek State and the privatisation of the gas industry:
  • assigned extensive work in drafting legislative acts (Laws, Presidential Decrees and Ministerial Decisions);
  • assigned extensive advisory work for the privatisation of three regional gas supply companies;
  • o legal advisor to the Greek State for the privatisation (IPO) of the State-owned company “Public Power Corporation” (PPC).
    
    
• Acted on behalf of foreign investors in the negotiations and drafting of a concession agreement between the Greek State and a consortium of four companies for the exploration and the exploitation of hydrocarbons in the Sea of Thrace (PRINOS), a transaction worth U.S. $ 750.000.000. Also drafted and negotiated crude oil and natural gas sales and contracts.
  
  
• Advised the parties initially involved in the establishment of the high–voltage submarine high-voltage power cable interconnecting Italy and Greece.
  
  
• On behalf of DEPA S.A. (the state-controlled public gas corporation) and in cooperation with NM Rothschild & Sons Limited, Denton Wilde Sapte and Alpha Finance, participated in the drafting of the legal framework for the privatisation of the gas industry in Greece. (This was necessitated to attract foreign investors who would acquire 49% of the capital and the management of the Gas Supply Companies of Athens, Thessaloniki and Thessalia for the distribution and supply of gas):
  • prepared the entire package of bidding documents,
  • reviewed the overall legal framework,
  • proposed the necessary amendments,
  • analysed composite financial schemes with the Financial Advisor,
  • drafted the administrative license (Ministerial Decision) for the gas supply to be issued in favour of the Gas Supply Companies, and
  • highlighted the key legal issues in order to ensure the financing of the Gas Supply Companies.
    
    
• On behalf of the Greek State (Ministry of National Economy) acted as legal advisors to NM Rothschild & Sons Ltd in co-operation with the international law firm of Cameron McKenna on:
  
  
• the Lavrion/Thisvi independent power projects (gas fired combined cycle power plant), and
• participated in the drafting of the development, power purchase and implementation agreements.
  
  
• On behalf of the Public Power Corporation (PPC) reviewed the legal framework of operation of the company in view of the completion of the internal market of electrical power, and prepared jointly with NERA and Cameron McKenna the framework for the structure and operation of the electricity sector in Greece;
  
  
• On behalf of Enron Wind Corporation drafted the first Power Purchase Agreement (PPA) concluded in Greece, concerning the purchase of electricity generated from renewable sources by PPC. Also advised the borrowers in a number of projects relating to the finance and installation of wind parks all over Greece.
  
  
• On behalf of PPC we prepared jointly with NERA and the international law firm Cameron McKenna, a draft of the law for the implementation of EU Directive 96/92. Also prepared the draft law to be introduced to the Legislative Preparatory Department of the Greek Parliament.
  
  
• On behalf of the Greek State (Ministry of Finance) and in cooperation with the financial advisors ABN AMRO, NM Rothschild & Sons, Goldman Sachs, Alpha Finance and National Bank of Greece S.A.:
  • advised the Greek state for the restructuring of the PPC in order to be listed on the Athens and London Stock Exchange Markets, and;
  • reviewed and commented on the regulatory framework and the relevant secondary legislative acts on the liberalisation of the Greek electricity market;
    
    
• Legal advisors to the Greek State, in cooperation with the financial advisors Deutsche Bank, UBS Warburg, Alpha Finance and National Bank of Greece, in the secondary offering of PPC's shares on the Athens and London Stock Exchange Markets;
  
  
• Legal advisors to the Greek State, in cooperation with the financial advisors Deutsche Bank, Morgan Stanley, Alpha Finance and National Bank of Greece, in another secondary offering of PPC’s shares on the Athens and London Stock Exchange Markets.
  
  
• On behalf of Enron Europe Limited, advised the company on all electricity regulatory issues, and prepared the application submitted before the Regulatory Authority for Energy for the obtaining of one of the four first electricity supply licenses granted in the Greek electricity market. Represented our client in all its dealings with RAE and the Ministry of Development and set up the corporate vehicle.
  
  
• On behalf of an EDF’s subsidiary (SIIF Energies) conducted legal due diligence on two wind parks under construction in South Greece;
  
  
• On behalf of Enron Wind Corporation conducted legal due diligence for the sale of two operating wind parks to a major energy player in EU.
  
  
• Acted as the legal advisor of OMV A.G. in connection with its participation in an international tender launched by the Greek State for the selection of a strategic partner to the Hellenic Petroleum S.A
  
  
• Advised one of the major Greek construction companies during the design phase for the implementation of a large -scale hybrid power plant in Crete Island;
  
  
• Recently conducted all the legal due diligence for the acquisition of seven wind projects by two German wind energy companies by rendering also extended advisory work on the choice of the optimum tax and corporate planning of such investments;
  
  
• On behalf of Cinergy Global Trading Ltd, authorised to carry out electricity supply business in Greece:
  
  • advised the company on all regulatory issues of the Greek electricity market, including the company's participation in the interconnections capacity auctions launched annually by the System Operator, and
  • recently supported the company during the negotiations and execution of one of the first power supply contracts ever concluded in Greece between an eligible customer and an independent supplier.
• On behalf of DEPA S.A., and in co-operation with HSBC and Denton Wilde Sapte:
  • o recently acted as the legal advisors of the company for the launch of three international tenders in order to attract foreign investors who will acquire 49% of the capital and the management of three new Gas Supply Companies to be established and operate in Sterea Ellada, Central Macedonia and Eastern Macedonia & Thrace, and
  • preparing the entire package of bidding documents, reviewing the overall gas legal framework, proposing the necessary amendments, analysing from a legal point of view composite financial schemes with the Financial Advisor (HSBC), drafting the respective gas distribution administrative licenses (Ministerial Decision) to be issued in favour of the Gas Supply Companies and highlighting the key legal issues in order to ensure the financing of the Gas Supply Companies.
    
    
• Recently acted as the legal advisor to Gas Natural SDG S.A. in connection with its participation in the recent international tender launched by DEPA S.A. for the selection of a strategic partner.
  
  
• Recently acted as the legal advisor of DEPA S.A. in the preparation of a draft law that was recently adopted by the Greek Parliament (Law 3175/2003) having as purpose the further promotion of the use of natural gas within the urban areas. Under this assignment, we continue advising DEPA S.A. on the drafting of the secondary legislative acts (Ministerial Decisions), necessary for the full enforcement of the said Law.
  
  
• Currently advise a subsidiary of Hellenic Petroleum S.A. (the major domestic oil company) on all legal issues concerning the financing, construction and operation of the first large –scale CCGT power plant developed by an independent producer;
  
  
• On behalf of the HTSO S.A. (i.e. the Greek Electricity System Operator), act as the legal advisors of the company regarding a tender launched by the company for the procurement of ancillary services to the Greek System by a medium- scale (140 MW) private power plant under development:
  
  
  • preparing the entire package of bidding and contractual documents, supporting the company's evaluation committee during all of the tender stages, and
  • supporting the company during the negotiation and award processes, while continuing to advise on several issues related to its operation.
    
    
• Currently act as the legal advisors of Deutsche Erneuerbaren Energien (a subsidiary of Deutsche Bank) in relation to the licensing, development, financing, construction and operation of several wind energy projects in North Greece (more than 150MW);
  
  
• Currently act as the legal advisors of Private Energy Market Fund in relation to the licensing, development, financing, construction and operation of two wind energy projects in South Greece (40 MW);
  
  
• Currently advise a joint venture formed by PPC and an independent producer on all legal aspects related to the licensing, development, construction and operation of a hydro- power plant;
  
  
• Advise on an ongoing basis a number of major international and Greek power and utilities companies, which intend to invest in the liberalized Greek energy market on all legal issues related to the financing, licensing, tax and corporate planning of their investments:
  
  • follow closely national and EU regulatory and business evolutions in the field of energy and natural resources with a special focus on electricity generation and gas supply businesses, retaining also very strong relationships with the competent Greek authorities which administrate the energy sector.

R. Macedonia

• Assist in pre-privatization of the Power Supply Company;
  
  
• Assisted in the presentation and implementation of legislation regulating all issues surrounding the construction and use of pipelines;
  
  
• Local counsel to FHL Kiriakidis Marbles from Greece in the process of acquisition of Mermeren Kombinat AD Prilep in 2001, biggest marble producer in the region, including:
  • the implementation of the mining law,
  • concession rights on mines and land, and
  • protection of concession rights and expropriation rights.

Romania

• Advise Gaz de France in the acquisition of the majority stake in the Romanian gas distribution company Distrigaz Sud S.A. (ongoing project);
  
  
• Advise Nabucco Company Pipeline Study GmbH on the Romanian legal framework applicable to a gas transportation / transit project (ongoing project).
  
  
• Advise Electrica S.A. Romania in the privatization of four of its electricity distribution operators, and assists with implementations and pre-final bids negotiations;
  
  
• Advised OMV AG in the successful acquisition of the Romanian National Oil Company, Petrom;
  
  
• Advise Chase Manhattan Bank as the lead lender to structure and implement a USD 200 million revolving credit facility with the state petroleum exporter and importer company;
  
  
• Advised a consortium of international and state-owned companies to establish a liquid propane gas storage facility and construct a distribution pipeline;
  
  
• Advised Termoelectrica S.A. Romania on the sale of shares in one of its power generating subsidiaries;
  
  
• Advised General Electric Canada on a supply contract to Transelectrica Romania;
  
  
• Assisted Forest Oil International Corporation in the negotiations and conclusion of concession agreements for several petroleum fields;

Serbia & Montenegro

• Advised Lukoil Europe Holdings BV in the acquisition of Beopetrol, a large petroleum production and distribution company;
  
  
• Advised Holcim on its acquisition through privatization of the Novi Popovac cement plant;
  
  
• Advising a leading international energy investor in the restructuring of Nis Nafta Industry;
  
  
• Currently advising an investor on the construction of a hydro power plant;
  
  
• Advising Dundee on mining exploration and natural resources;
  
  
• Local counsel to EBRD in the development of water supply and heating infrastructure for Belgrade;
  
  
• Advised in the construction of a water supply pipeline from Skaddar Lake to the Adriatic coast of Montenegro;
  
  
• Advised Goteborg Energi in the restructuring of Beogradska Elektrane, the district heating company;
  
  
• Advises KfW to establish a common water utility company for all the municipalities in Montenegro;
  
  
• Assists SAUR, a French company, on the distribution of water supply for Belgrade – concessions, privatizations, communal services, joint ventures, etc.

Turkey

• Advise the Lenders to develop, construct, and operate three wind power energy projects – Windfarm, Windpark, and Cesme;
  
  
• Advise the Lenders in two hydro-electric power plant projects – Deriner Dam and Birecik Dam;
  
  
• Advise the Lenders in two natural gas power plant projects – Marmara Ereglisi I and II (Enron and Uni-Mar projects);
  
  
• Advising NCM on the Doga gas turbine thermoelectric combined cycle thermal power plant with an approximate value of US$175 million;
  
  
• Advise the Arrangers on the financing of the Kayseri-Ankara Natural Gas Pipeline Project;
  
  
• Advise the Lenders on the Afsin-Elbistan B Lignite Power Plant Project – construction of lignite powered thermal power plant – with an approximate value of US$1.6 billion;
  
  
• Advise the Lenders on the Izmit Water Supply Project – US$942 million BOT dam, water treatment, pipeline and pumping station project;
  
  
• Advise the Lenders on the financing of a crude oil pipeline, including advising on a note purchase agreement and a Euro loan facility agreement.
  
  
• Advising the Lenders in relation to the financing of the Esen II hydro-electric power plant to be built on the Esen river, including the 154KW switchyard and transmission lines;
  
  
• Advising the Arrangers in relation to the financing of the Bozova Pumping Irrigation Project;
  
  
• Advising the Arrangers in relation to the financing of the Belen Wind Power Plant Project;
  
  
• Advising the Arrangers in relation to the financing of the Solar Energy Systems Project;
  
  
• Advising the Arrangers in relation to the financing of the Atam Alapli Project;
  
  
• Advising the Arrangers in relation to the financing of the Mariç - Belbir - Marmaris Enviormental Protection Infrastructure Construction and Operation Project;
  
  
• Advising the Arrangers in relation to the financing of the Isomerization Unit Project for TUPRAS;
  
  
• Advising the Arrangers in relation to the financing of the New Installation of Continous Galvanizing Line Project for Eregli Demir Çelik.