ADMINISTRATIVE AND REGULATORY

The firm has longstanding experience in handling consulting and litigation matters stemming from the relationship between individuals or private companies and public authorities (procurement and government contracts, concessions, permissions and authorizations, expropriation and administrative easements, administrative sanctioning proceedings, administrative misconduct actions and anticorruption law).

Our practice has an extensive portfolio of infrastructure and energy-related cases. The professionals combine a solid legal background with highly specialized technical expertise in the infrastructure and energy sector (encompassing electricity, oil, gas and biofuels). We have wide experience in advising clients in all aspects regarding investments in these sectors (legal support to informing investment decision and mitigating risks; structuring and implementing projects; and setting the terms for relationship between private companies and the state).

The team often represents clients before national regulatory agencies, such as the National Agency of Electric Power – ANEEL, the Chamber of Electric Energy Commercialization – CCEE and the National System Operator – ONS,  the Brazilian Oil Agency – ANP, the National Agency of Civil Aviation – ANAC, the National Agency of Waterway Transport – ANTAQ and the National Agency of Land Transportation – ANTT.

“By delivering ‘very good value for money for a specialised service’, Souto Correa has experience in a broad range of matters in the power sector. (…) Gustavo Kaercher Loureiro is ‘dedicated’ (…)” (Legal 500).

 

Recent representations

• Legal and regulatory support related to oil and gas contracts usually applied to the industry, such as Joint Operating Agreements (AIPN model);

• Assistance in regulatory issues related to the oil and gas industry;

• Assistance regarding the legal framework to carbon capture and storage practices;

• Assistance to assess risks and structure on the purchase (Gas Sales Agreement) of associated gas with a dedicated production;

• Assistance to an onshore operator regarding the regulatory and environmental aspects of exploring unconventional hydrocarbon resources;

•Assistance regarding the regulatory framework for LPG trading in Brazil;

• Assistance regarding the regulatory framework for third-party access to gas infrastructure;

• Assistance to a power generator regarding the scope of the Local Gas Distribution Company monopoly;

• Assistance to clients participating in generation and transmission auctions promoted by ANEEL;

• Representation of clients before ANEEL about a wide variety of pledges (penalty charges for lack of fuel, overcharge of Transmission Tariff (TUST), approval for change in control, renegotiation of concession conditions due to change in control, etc.);

• Assistance to a variety of power generators regarding the regulatory modeling of the project revenue;

• Regulatory and contractual support to the development of solar, wind, biomass and gas power generation projects;

• Regulatory and contractual support to the development of projects of distributed generation;

• Representation before the administrative authorities and the courts in order to stave off penalties for failure to generate energy from biomass;

• Representation of electricity distributors in lawsuits seeking tariff reviews;

• Acting as amicus curiae before state courts, the superior court and the supreme court on behalf of an association of electricity distributors in lawsuits that interest the sector;

• Representation of an association of large electricity-consumers in a lawsuit against a decision rendered by the Ministry of Mines and Energy.