Our team has outstanding performance in the energy and natural resources sectors. Our professionals align solid multidisciplinary legal background with highly specialized technical expertise in the energy sector. This allows a thorough understanding of the market structure, value chain, and risk allocation of the sectors in which they operate to offer innovative solutions in consultancy, administrative, and litigation areas. We have worked for large, leading companies in these areas, in different phases and aspects of projects involving energy or natural resources:
a) consultancy in sector regulation for decision making and risk mitigation;
b) structuring of energy generation projects;
c) legal counselling on participation in auctions and bidding rounds;
d) mergers and acquisitions;
e) due diligence;
f) administrative representation before regulatory agencies and authorities, such as ANEEL, ANP, MME, MMA, ONS, EPE, CCEE, ANM, ANTAQ, DPC and SPU;
g) specialized litigation and arbitrations.
- Structuring of power generation projects (solar, wind, biomass, gas and coal).
- Execution of Distributed Generation projects.
- Execution of Autoproduction projects.
- Representation of clients before ANEEL, CCEE and MME in several regulatory claims.
- Handling the process of transferring location and ownership of a natural gas thermoelectric plant within the ANEEL scope by presenting a Transfer Assignment Plan.
- Coordination of activities and representation before ANEEL and MME in the process of transferring (submarket) location of a 50 MW eucalyptus biomass project which won the New Energy Auction.
- Coordination of due diligence for the acquisition of two natural gas thermoelectric projects in the State of Espírito Santo.
- Coordination and representation before the MME of a thermoelectric power plant fuel replacement process (from oil to natural gas).
- Drafting of a legal/regulatory opinion on thermoelectric plant fuel change to support the participation of a generation agent in a New Energy Auction.
- Drafting of legal opinion and presentation on energy delivery obligation and ballast in CCEAR by availability.
- Drafting of an Eucalyptus Biomass Purchase and Sale Agreement for a thermoelectric plant.
- Drafting of free market PPA for a wind power generation project.
- Coordination of qualification for New Energy and Reserve Energy Auctions.
- Drafting contracts to enable a pioneering structure of autogeneration of energy in Brazil, involving natural gas-fired thermoelectric generation.
- Representation of a client before ANEEL in an appeal against a decision that disqualified a consortium that won an energy auction for the installation of a solar plant (decision overturned by the Agency’s Board of Directors).
- Drafting of administrative request to ANEEL on the recalculation of quadrennial power generation balance of wind power plant (request accepted by ANEEL).
- Drafting of Legal Opinion for energy generator of the insulated system to obtain CCC subrogation.
- Representation before administrative authorities and courts to prevent any penalties for failing to generate energy from biomass.
- Regulatory counseling to a participant of four lots in ANEEL’s Power Transmission Auction, including mapping of all legal and regulatory risks in the auction lot to support the financial modeling for the auction.
- Legal and regulatory counseling to an economic group in the transmission sector in revising tariffs of four transmission companies.
- Legal opinion on indemnification for transmission assets not amortized or depreciated at the end of the concession period of utility concessionaires;
- Coordination of regulatory due diligence in the acquisition process ( privatization) of an electric power distributor.
- Legal and regulatory counseling to energy distributors in the process of periodic tariff review.
- Drafting of an appeal against a decision that defined the Regulatory Base Compensation of a large distributor.
- Drafting of Legal Opinion to the distributors’ association on the application of the Legal Entity Income Tax rate for calculating the WACC.
- Drafting of Legal Opinion to the distributors’ association on the X Factor proposed by ANEEL.
- Administrative representation of a distribution group in a prior consent procedure for the transfer of corporate interest.
- Drafting of Legal Opinion on the application of PIS/COFINS in the electric power distribution sector.
- Serving as amicus curiae before the State Courts, the Superior Courts and the Federal Supreme Court on behalf of an association of electric power distributors in actions that impact the energy sector.
- Representation of electric power distributors in lawsuits regarding tariff revision.
- Representation of a large association of electricity consumers in a lawsuit against a decision issued by the Ministry of Mines and Energy.
- Structuring of models to enable Auto Production of electric power at electric charge separation.
- Drafting of a Memorandum on the risks of Distributed Generation in Brazil.
- Legal counselling and representation of an agent before ANEEL in a discussion on a property for a Public Interest Statement for transmission lines of restricted interest of a photovoltaic enterprise.
- Legal counselling on the execution of guarantee of full compliance in the electric sector and inquiry before the National Agency of Electric Energy.
- Regulatory analysis of transmission assets in a due diligence process.
- Legal counselling and representation of an agent before ANEEL in case of undue collection of Transmission System Use Charge (EUST).
- Drafting of opinion on the application of TEIF and IP unavailability indexes for the purpose of incidence of ANEEL Normative Resolution No. 614 in cases of an extraordinary review of guaranteed output.
- Representation of an agent before the National Electric Energy Agency for discussion on the inapplicability of the periodic tariff review of the RAP Reinforcements (RBNI) portion due to a lack of contractual provision.
- Drafting of a memorandum on the impacts of force majeure events in the scope of energy grant and CCEARs.
- Representation of an agent before ANEEL for acknowledgment of exemption of liability for the impacts caused by COVID-19 on power generation.
Oil, Gas, and Biofuels
- Drafting and legal counselling in contracts used in the oil and gas industry (Joint Operating Agreements, Gas Sales Agreements, Fuel Supply Agreement, Gas Transportation Service Agreement).
- Regulatory legal counseling at different stages of the oil and natural gas industry (upstream, midstream and downstream).
- Legal counseling in relation to the legal framework applicable to carbon capture and storage.
- Legal counseling in relation to compliance with local obligations.
- Legal counselling in relation to the legal framework applicable to the exploitation of unconventional resources in Brazil.
- Counseling on the structuring of gas sales and liquids projects.
- Structuring of a gas import project.
- Counseling on the regulation of third-party access to infrastructure in the oil and natural gas sector.
- Regulatory counseling in relation to the regulation of downstream oil products.
- Counseling on securing authorizations with the ANP and MME.
- Counseling on securing natural gas loading authorization with the ANP.
- Counseling related to pricing rules for natural gas for thermoelectric generation in Brazil.
- Counseling for structuring price formation in compressed gas purchase and sale contracts.
- Counsel on risk analysis for different natural gas transportation arrangements (pipeline, maritime, road and by inland waterway).
- Regulatory counseling on the operation of the RenovaBio Public Policy.
- Regulatory counseling on natural gas distribution.
- Drafting of an opinion on the natural gas transportation sector operations.
- Drafting of contribution for participation in public consultations on natural gas by Federal and State Regulatory Agencies.
- Drafting of an opinion on the impacts of any legislative change to the natural gas sector.