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Energy and Mining

We provide comprehensive advice focused on the energy sector and are aware of the implications that transform the energy sector throughout its entire value chain.

Our experience includes gas, electricity, renewable energies, in national and international transactions and having worked for the Administration, for the operators of the sector and financial entities. .

Our knowledge of the energy industry, the market and financing enables us to manage transactions efficiently and effectively.

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Practice

For purposes of example, our professional experience in the energy sector and mines include:

Electricity

‒   The regulatory framework.

‒  Authorization for the development of activities by producers, transporters, distributors, sellers and agents in the electricity market.

‒  Acquisitions of companies in the energy sector, including the legal review process, investment contracts, sale purchase agreements, partnership agreements and the formalization of investment or transfer.

‒  Promotion of Projects in energy production (combined cycle plants, wind parks, photovoltaic plants, biomass plants, hydraulics plants) including the acquisition of lands, obtaining authorizations (regulatory, environmental, zoning) rights of network access, connection points, contracts for technical assistance, access conflicts (CATR), supply of equipment, turnkey constructions (FIDIC); operation and maintenance, energy sales contracts, financing contracts and documentation of guarantees.

‒  Contracts for the sale of electricity (including bilateral contracts, contracts involving physical delivery and financing, EFET, ISDA) with producers, sellers, qualified consumers, in national and international transactions.

Gas

‒   The regulatory framework.

‒   Authorization for the development of the activities of transporters, distributors and sellers of gas.

‒   Acquisitions of companies in the gas sector, including the process of legal review, investment contracts, sale purchase agreements, partnership agreements, formalization of investment or transfer.

‒  Sale contracts for gas, rights of access to the network, access conflicts (CATR); storage.

Mines

‒   The regulatory framework.

‒  Processing of research licenses, exploration licenses and operating concessions (including the project of operations, restoration plan and statement on environmental impact).

‒   Acquisitions of mining projects, including the identification of the projects, the process of legal review, investment contracts, purchasing contracts, leases (price, agreements on the division of production, royalty agreements) authorization of the transfer by the Administration, formalization of the investment or transfer.

‒  Financing of mining projects, including viability studies, evaluation of resources (NI-43101) subsidies, loans, syndicate loans, sale contracts for future production, capital risk, issuance of debt in international markets, constitution of guarantees (including the recording of concessions, leases, royalties, mortgages in the Property Registry).

‒   Development of mining projects, including authorizations, contracts for the acquisition of lands, drilling contracts, works contracts, EPC contracts, contracts for the sale of production.

‒   Relations with local agents, including the local, provincial and national Administrations.

‒   Judicial Procedures in the event of the expiration of operating concessions, expropriation due to reasons of general interest, claims of state liability of the Administration.

Experience

For purposes of example, our professional experience in the energy sector includes advice:

‒  To a promoter developing various photovoltaic energy plants for a total of 350 MW in Spain.

‒  To a promoter developing a 50 MW biomass plant in Spain.

‒  To a promoter developing various wind parks for a total of 450 MW in Spain.

‒  To an acquisition fund of a group of companies that operate the concession of gas distribution in a state in northern Mexico.

‒  To an investment fund in the acquisition of a stake in two hydraulic plants in Panama.

‒  To an investment fund in the acquisition of a stake in a wind park in Canada.

‒   To a promoter acquiring various groups of operating concessions in the Pyrite Belt in Spain and Portugal.

‒   To a promoter in the acquisition of four companies engaged in aggregates in northern Spain.

‒   To an investor protecting their rights to royalties arising from a contract for the sale of a group of concessions in Asturias.

Recognitions

‒   Oriol Prósper has been recognized as a distinguished law in the area of Mining Law by the international directory, Who is Who.
‒   Oriol Prósper has been recognized as a distinguished lawyer in 2020 by the directory, Best Lawyers.