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POWER AND ELECTRICITY

 

 Our power sector work experience includes the following:


1.      Made or finalized most of the model documents used in the power sector in Pakistan;


2.      Negotiated & drafted fourteen (14) IPP’s in Pakistan, the most by any law firm;


3.      Undertook the key legal opinion work required to establish the regulatory and legal regime for IPP’s in Pakistan.


4.     
Our international experience includes the UAE’s first CSP solar power plant and advising a bidder on the recent tender for a fleet of nuclear power plants in the UAE.

 


1.     MODEL DOCUMENTATION MADE FOR THE POWER SECTOR IN PAKISTAN.


  • Finalized the standard model agreements used for unsolicited thermal power plants in Pakistan above 50MW (upon which the wind concession agreements are based).
  • Drafted the model Letter of Support, Performance Guarantee, Letter of Interest, Pre-Qualification Document, Statement of Qualification, Letter of Credit for unsolicited thermal power plants in Pakistan above 50MW (upon which the wind supporting documents are based).
  • Drafted the Security Documents related to the existing IPP capacity expansion fast track category (Hubco, Kapco, Tapal, Kohinoor & Japan Power) including the Implementation Agreement, Power Purchase Agreement, Letter of Support, Performance Guarantee and Bid Bond.
  • Drafted the model agreements and all supporting documents used for International Competitive Bidding for thermal power plants in Pakistan.
  • Drafted the entire package of Security Documents for the first solicited competitive bidding project for a private power plant in Pakistan’s history i.e. the Implementation Agreement, Power Purchase Agreement, Letter of Support, Performance Guarantee, Bid Bond and RFP.
  • Drafted the final standardized direct IA and PPA agreements (Acknowledgment and Consent) used as the basis for negotiations with Lenders.
  • Provided the key input on Wind Power Security Documents which are based upon the thermal security documents finalized by us.
  • Drafted the standardized Gas Supply Agreement (GSA) as well as the first ever standard Gas Allocation letter for issuance to IPP’s.
  • Provided the key input and reviewed the draft hydel and coal model agreements.

 


2.     NEGOTIATED PRIVATE POWER PLANTS IN PAKISTAN


Mr Adnan Aslam Qureshi, Attorney-at-Law (New York), Bar-at-Law (London), ex-Director Legal (Chief Legal) of Private Power & Infrastructure Board (PPIB), Ministry of Water & Power, Government of Pakistan who has negotiated, drafted and finalized most of the private Power Projects in Pakistan to date including:

 

i)          ORIENT POWER COMPANY (PRIVATE) LIMITED


A dual-fuel, gas and high speed diesel, electric power generation plant located near Balloki, District Kasur, Punjab Province, Pakistan with a generating capacity of 212 MW .  This was the first project under the   prevailing 2002 Power Policy negotiated and drafted by us. The following inter-alia was undertaken:


  • Several rounds of negotiations for finalizing and market testing draft security documents to be presented to the ECC for approval as standardized security documents.
  • Providing drafted marked-up IA, PPA’s & Direct Agreements of negotiations for further discussion.
  • Making the Specified Consents to be provided to a gas pipeline project.
  • Dealing with NEPRA regarding Consents to be provided to Orient.
  • Issuance of first ever Gas Allocation letter by PPIB to Orient.
  • Participation, monitoring and feedback on GSA negotiations.
  • Finalized construction and financing of Interconnection Facilities.
  • Acceptance of Pakistani law as the Governing law of the IA/PPA/Direct Agreements.
  • Negotiating IA & PPA Direct Agreements with the Lenders for assignment of assets and liabilities of Orient Power, prioritization between the Company and the Lenders, escrow account for payment of loans etc.
  • Making the procedures and conditions for fulfillment of Financial Closing.
  • Obtained Board of Directors approval for initialing and signing of agreements.
  • Successfully finalized the IA, PPA & Direct Agreements for initialing and signing
  • Direct IA and PPA Agreements with Lenders of Orient signed.
  • Financial Close of the project achieved.
  • Side letter agreement.
  • First transfer of initial sponsors under the new power policy.
  • Comments on the appropriate tariff for Orient and meetings with Nepra on the same.
  • Issuance of Government of Pakistan’s Sovereign Guarantee to the IPP & its methods and procedures.
  • Providing extensive inputs on Policy matters.

 


ii)       SAIF POWER COMPANY LIMITED


A dual-fuel, gas and high speed diesel, electric power generation plant located at Sahiwal, Punjab Province, Pakistan with a generating capacity of 209 MW. The following inter-alia was undertaken:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA, PPA’s & Direct Agreements of negotiations for further discussion.
  • Making the project specific Consents to be provided to a gas pipeline project.
  • Reached agreement on an expedited procedure for invoicing for HSD due to its expense.
  • Procedure for dispatch on HSD and its amount during the course of a year (in the absence of any policy on HSD).
  • Minimum take or pay provisions for gas supplies & failure to provide the same.
  • Conversion period and payment procedures from gas to oil in the event of failure to obtain further a further gas allocation.
  • Amount of fuel reserves/inventory to be maintained.
  • Length of power plants construction period finalized.
  • Maintenance & outage periods finalized.
  • Agreement on despatch on forecasted Ambient Site Condition prevailing at the time of the declaration & tolerance levels reached.
  • Acceptance of hourly declared availability as opposed to an annual capacity test.
  • Finalized construction and financing of Interconnection Facilities.
  • Acceptance of Pakistani law as the Governing law of the IA/PPA/Direct Agreements.
  • Monitoring and feedback on GSA negotiations & Issuance of Gas Allocation letter .
  • Form and structure applicable for holding companies.
  • Transfer of equity shares during the lock in period.
  • Finalized construction and financing of Interconnection Facilities.
  • Negotiated IA & PPA Direct Agreements with the Lenders for assignment of assets and liabilities of Saif Power, prioritization between the Company and the Lenders, escrow account for payment of loans etc.
  • Advise on fulfillment of Financial Closing.
  • Obtained Board of Directors approval for initialing and signing of agreements.
  • Side letter agreement.
  • Financial Close of project achieved.
  • Issuance of Government of Pakistan’s Sovereign Guarantee to the IPP.
  • Providing extensive inputs on Policy matters
  • Change in taxes and their applicability date.


iii)          SAPPHIRE ELECTRIC COMPANY LIMITED

A dual-fuel, gas and high speed diesel, electric power generation plant located at Muridke, Sheikhupura Road, Province of Punjab, Pakistan with a generating capacity of 209 MW. The following inter-alia was undertaken:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA, PPA’s & Direct Agreements for negotiations for further discussion.
  • Making the project specific Consents to be provided to a gas pipeline project.
  • Reached agreement on an expedited procedure for invoicing for HSD due to its expense.
  • Procedure for dispatch on HSD and its amount during the course of a year (in the absence of any policy on HSD).
  • Conversion period and payment procedures from gas to oil in the event of failure to obtain further a further gas allocation.
  • Minimum take or pay provisions for gas supplies & failure to provide the same.
  • Amount of fuel reserves/inventory to be maintained for HSD.
  • Length of construction period for power plant finalized.
  • Maintenance & outage periods finalized.
  • Change in taxes and their applicability date.
  • Agreement on despatch on forecasted Ambient Site Condition prevailing at the time of the declaration & tolerance levels reached.
  • Acceptance of hourly declared availability as opposed to an annual capacity test.
  • Issuance of Gas Allocation letter .
  • Monitoring and feedback on GSA negotiations.
  • Form and structure applicable for holding companies.
  • Transfer of equity shares during  the lock in period.
  • Finalized construction and financing of Interconnection Facilities.
  • Negotiated IA & PPA Direct Agreements with the Lenders for assignment of assets and liabilities of Sapphire Power, prioritization between the Company and the Lenders, escrow account for payment of loans etc.
  • Advise on fulfillment of Financial Closing.
  • Obtained Board of Directors approval for initialing and signing of agreements.
  • Side letter agreement.
  • Financial Close of project achieved.
  • Dispute resolution mechanism and the GOP’s Sovereign Guarantee.
  • Issuance of Government of Pakistan’s Sovereign Guarantee to the IPP.

 


iv)        HALMORE POWER GENERATION COMPANY (PVT) LIMITED 


A dual-fuel, gas and high speed diesel, electric power generation plant located at located at Bhikki, Sheikhupura-Faisalabad Road, Province of Punjab, Pakistan with a generating capacity of 209 MW. This was the first project with foreign sponsors. The following inter-alia was undertaken:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA, PPA’s & Direct Agreements of negotiations for further discussion.
  • Making the project specific Consents to be provided to Halmore.
  • Agreement on despatch on forecasted Ambient Site Condition prevailing at the time of the declaration & tolerance levels reached.
  • Acceptance of hourly declared availability as opposed to an annual capacity test.
  • Issuance of Gas Allocation letter.
  • Monitoring and feedback on GSA negotiations.
  • Negotiating IA & PPA Direct Agreements with the Lenders for assignment of assets and liabilities of Halmore Power, prioritization between the Company and the Lenders, escrow account for payment of loans etc.
  • Successfully finalized the IA, PPA & Direct Agreements for initialing and signing.
  • Reconfirmation that Pakistan law was to be the governing law of the agreements (foreign sponsors). Financial documents could be executed under a foreign law.
  • Side letter agreement on extensions, force majeure & change in law.
  • Financial Close of project achieved.
  • Details for refinancing a power project due to the financing being cheaper than Nepra’s tariff formulated.
  • Providing extensive inputs on Policy matters.



v)         WARDA POWER GENERATION COMPANY LIMITED


A RFO based electric power generation plant located at located Muridke- Sheikhupura Road, Province of Punjab, Pakistan with a generating capacity of 196 MW. This was the first negotiated oil fired power plant under the 2002 Power Policy. The following was inter-alia undertaken:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA, PPA’s & Direct Agreements for negotiations for further discussion.
  • Making the project specific Consents to be provided to a oil fired power plant.
  • Amount of fuel reserves/inventory to be maintained for RFO.
  • Length of construction period for power plant finalized.
  • Maintenance & outage periods finalized.
  • Agreement on despatch on forecasted Ambient Site Condition prevailing at the time of the declaration & tolerance levels reached.
  • Acceptance of hourly declared availability as opposed to an annual capacity test.
  • Finalized construction and financing of Interconnection Facilities.
  • Negotiated IA & PPA Direct Agreements with the Lenders for assignment of assets and liabilities of Warda Power, prioritization between the Company and the Lenders, escrow account for payment of loans etc.
  • Advise on fulfillment of Financial Closing.
  • Financial Close of project achieved.
  • Providing extensive inputs on Policy matters
  • Extensive input on tariff as the first oil fired plant.
  • Efficiency of 45% successfully negotiated, availability of 90%.
  • Brazilian sponsors abandoned the project due to tariff disputes with Nepra.

 


vi)        ATTOCK GEN. LTD


A RFO based electric power generation plant located at Morgah, Rawalpindi, Pakistan with a generating capacity of 156 MW. With the withdrawal of Warda, Attock Gen. has become the first RFO based reciprocating engines project under the 2002 Power Policy. The following was undertaken:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA, PPA’s & Direct Agreements for negotiations for further discussion.
  • Making the project specific Consents to be provided to a oil fired power plant.
  • Amount of fuel reserves/inventory to be maintained for RFO.
  • Length of construction period for oil based power plant finalized.
  • Maintenance & outage periods finalized.
  • Agreement on despatch on forecasted Ambient Site Condition prevailing at the time of the declaration & tolerance levels reached.
  • Acceptance of hourly declared availability as opposed to an annual capacity test.
  • Finalized construction and financing of Interconnection Facilities.
  • Negotiated IA & PPA Direct Agreements with the Lenders for assignment of assets and liabilities of Attock Power, prioritization between the Company and the Lenders, escrow account for payment of loans etc.
  • Advise on fulfillment of Financial Closing.
  • Financial Close of project achieved.
  • Providing extensive inputs on Policy matters
  • Extensive input on tariff as the first oil fired plant.
  • Efficiency of 45% successfully negotiated, availability of 88%.
  • Number of free start-ups.
  • Maintenance period for gen sets.
  • Amount of fuel reserves/inventory to be maintained.
  • Making the Specified Consents (support from GOP) to be provided for an oil based plant.
  • Successfully finalized the IA & PPA Agreements for initialing and signing.
  • Financial Close of project achieved.
  • Providing extensive inputs on Policy matters



vii)       FOUNDATION POWER COMPANY (DAHARKI) LIMITED (FAUJI FOUNDATION)


A dedicated gas field, electric power generation plant located at Dharki, Province of Sindh, Pakistan with a generating capacity of 175 MW. This was the second dedicated gas field power project under the 2002 Power Policy & the first one negotiated. Work included inter-alia the following:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA & PPA’s for negotiations .
  • Making  project specific Consents for a dedicated gas field power plant.
  • Acceptance of hourly declared availability as opposed to an annual capacity test.
  • Extensive negotiations & finalization of reservoir failure procedures and its treatment as a force majeure event.
  • Extensive negotiations on outage hours.
  • Conversion period and payment procedures from gas to oil in the event of failure to obtain further a further gas allocation.
  • Amount of fuel reserves/inventory to be maintained for HSD.
  • Length of construction period for power plant finalized.
  • Maintenance & outage periods finalized.
  • Monitoring and feedback on GSA negotiations between Mari Gas & Fauji.
  • Restoration provisions for plant finalized.
  • Minimum take or pay provisions for gas supplies & failure to provide the same.
  • Side letter agreement on extensions, force majeure & change in law.
  • Financial Close of project achieved.
  • Providing extensive inputs including to MoPNR/MoW&P on reservoir failure & other Policy matters.

 


viii)      STAR POWER GENERATION LIMITED


A dedicated gas field, electric power generation plant located at Dharki, Province of Sindh, Pakistan with a generating capacity of 125.84 MW. This was the second dedicated gas field power project under the 2002 Power Policy. Work included inter-alia the following:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA & PPA’s for negotiations .
  • Making project specific Consents for a dedicated gas field power plant.
  • Acceptance of hourly declared availability as opposed to an annual capacity test.
  • Extensive negotiations & finalization of reservoir failure procedures and its treatment as a force majeure event.
  • Extensive negotiations on outage hours.
  • Conversion period and payment procedures from gas to oil in the event of failure to obtain further a further gas allocation.
  • Amount of fuel reserves/inventory to be maintained for HSD.
  • Length of construction period for power plant finalized.
  • Maintenance & outage periods finalized.
  • Minimum take or pay provisions for gas supplies & failure to provide the same.
  • Monitoring and feedback on GSA negotiations between Mari Gas & Star.
  • Provisions for sharing between Fauji & Star the same Dharki gas field particularly in the event of a partial reservoir failure.
  • Side letter agreement on extensions, force majeure & change in law.
  • Providing extensive inputs including to MoPNR/MoW&P on reservoir failure & other Policy matters.


ix)      ATLAS POWER LIMITED

A RFO based electric power generation plant located at Lahore-Sheikhpura Road, District Sheikhpura, Punjab, Pakistan with a generating capacity of 213 MW. Work included inter-alia the following:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA, PPA’s & Direct Agreements for negotiations for further discussion.
  • Making the project specific Consents to be provided to a oil fired power plant.
  • Amount of fuel reserves/inventory to be maintained for RFO.
  • Finalized construction and financing of Interconnection Facilities.
  • Negotiated IA & PPA Direct Agreements with the Lenders for assignment of assets and liabilities of Atlas Power, prioritization between the Company and the Lenders, escrow account for payment of loans etc.
  • Financial Close of project achieved.
  • Providing extensive inputs on Policy matters
  • Efficiency of 45% successfully negotiated, availability of 88%.
  • Number of free start-ups.
  • Maintenance period for gen sets.
  • Amount of fuel reserves/inventory to be maintained.
  • Making the Specified Consents (support from GOP) to be provided for an oil based plant.
  • Successfully finalized the IA & PPA Agreements for initialing and signing.
  • Financial Close of project achieved.
  • Providing extensive inputs on Policy matters

 


x)         EASTERN ELECTRIC COMPANY LIMITED


A RFO based electric power generation plant located at Pasrur (District Sialkot), Province of Punjab, Pakistan with a generating capacity of 144 MW. This was the first used power plant to be dismantled and imported   from Turkey to Pakistan and entailed exhaustive analysis to establish the legal paramaters of used power plants. Work included inter-alia the following:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA, PPA’s & Direct Agreements for negotiations for further discussion.
  • Making the project specific Consents to be provided for a used power plant.
  • Details for procedure for determination of usage of power plant
  • Fuel efficiency for used power plants.
  • GOP buy out responsibility for used power plants
  • The level of maintenance reserves for a used power plant.
  • Maintenance & outage periods for used plants finalized.
  • Length of construction period for a used oil based power plant finalized.
  • Providing extensive inputs on Policy for used power plants.
  • Inspection regime and the submission of time bound certificates and reports.
  • Interpretation of O & M requirements for used power plants.
  • Configuration of the debt profile for used power plants.

 


xi)        SAVARI POWER (PVT) LIMITED


A gas/RFO combined cycle power plant located at Faisalabad, Province of Punjab, Pakistan with a generating capacity of 750 MW. The plant was to be commissioned in 3 phases which presents its own unique characteristics. Work included inter-alia the following:


  • Several rounds of negotiations for finalizing security documents
  • Providing drafted marked-up IA, PPA’s & Direct Agreements for negotiations for further discussion.
  • Procedure for how Financial Close for a power plant to be commissioned in 3 stages is to be accomplished.
  • Details for procedure for determination of usage of power plant
  • Fuel efficiency for used power plants.
  • GOP buy out responsibility for used power plants
  • The level of maintenance reserves for a used power plant.
  • Maintenance & outage periods for used plants finalized.
  • Length of construction/import period.
  • Providing extensive inputs on Policy for used power plants.
  • Sponsors withdrew due to failure to obtain gas allocation from MoPNR.
  • Exhaustive analysis for phased construction and determination of Financial Close for each part.

 


xii)      
DAVIS ENERGEN LIMITED

A gas/RFO combined cycle power plant located at Jhang Toba-Tek Singh Road, District Jhang, Province of Punjab, Pakistan with a generating capacity of 10.5 MW under the 1994 Power Policy. Negotiated and amended the existing Implementation Agreement (IA) & Power Purchase Agreement (PPA):


  • Requiring choice of primary and secondary fuel from Company.
  • Requiring incorporation of a minimum take or pay provision in the PPA to reflect the GSA provisions .
  • Amending equity provisions from full return of equity on a buy-out of the plant by GOP to a reduction on straight line basis over a period of years.
  • Delinking FSA from events of default.
  • Deleting Guarantee for fuel supplier.
  • Project has achieved Financial Close and is currently under construction.

 


xiii)      QATAR POWER PLANT


A RFO based electric power generation plant located at Chicoki Mallian, Faisalabad, Province of Punjab, Pakistan with a generating capacity of 500 MW with the Qatar Investment Authority as the sponsors. Work included inter-alia the following:


  • Advising the Prime Minister’s secretariat on negotiations with the sponsor.
  • Several rounds of negotiations on the security documents.
  • Providing advise and reviewing the marked-up IA & PPA to the Federal Secretary Water & Power.
  • New concept of interim Financial Close finalized.
  • Providing extensive inputs to the Prime Ministers secretariat on Policy matters.
  • Dispute mechanism.
  • Project faltered on the issue of the law of Governance for the Project  Documents.

 


xiv)      NEW BONG HYDROPOWER PROJECT


A hydropower generation project located in Azad Jammu & Kashmir with a generating capacity of 84 MW under the 1995 Hydel Policy. Work included inter-alia the following:


  • Several rounds of negotiations for finalizing security documents.
  • Payment mechanism and the amounts to be paid to Lenders on the buy out of the power plant by GOP.
  • Ownership of the power plant on buy out by GOP.
  • Whether hedging should be allowed.
  • Governing Law.
  • How man made events are to be treated eg diversions
  • Synchronizing the Azad Jammu & Kashmir (AJK) IA with the Government of Pakistan’s (GOP) IA including reducing notice periods & carryover of force majeure events from one document to another.
  • Hydrological risk and the mechanism for minimum assured payments during such event.
  • Reimbursement payment mechanism for Wapda under hydrological risk conditions.
  • Analysis of tariff structure for capital and energy costs.
  • Payments under the GOP’s Sovereign Guarantee and synchronization of payments under it and AJK’s liability for the same.
  • Transfer of equity shares during the lock in period.
  • Providing extensive inputs on Policy matters.
  • Authorization letter from Azad Jammu & Kashmir Government for   negotiating and signing on their behalf.
  • Recommendations for Policy amendments for hydel.
  • Input on tax exemptions for projects which are based in AJK but have their head office in Pakistan.
  • Payment amount under the Water Use Licence (WUL)
  • Signing authority for the WUL in AJK.
  • GOP’s Sovereign Guarantee.



3.       OPINION WORK IN THE POWER SECTOR IN PAKISTAN


Our key legal opinion work was instrumental in establishing the regulatory, policy and legal framework for IPP’s in Pakistan. Some of our past opinion work has included:


  • Summaries for the ECC of the Cabinet with regard to energy matters including “Paving The Way For IPP’s” which sets out the principles for gas allocation and usage in Pakistan for an IPP.
  • Part of the Ministry of Water & Power team negotiating with the Ministry of Petroleum & Natural Resources on the guidelines for “Reservoir Failure” and the principles & procedures for allocating reservoir risk and alternate gas supply for an IPP & subsequent opinion work on the same.
  • Responsible as Director Legal for formulation and interpretation of private power policy in Pakistan as well as key input on the formation of the regulatory regime in Pakistan.
  • As part of the GOP team and as legal advisor to the Water & Power Federal Secretary sat with Nepra to co-ordinate the basis and modalities of  tariff making during Nepra’s formative years.
  • As Director Legal, PPIB issuing Pakistan’s Sovereign Guarantee on behalf of the Islamic Republic of Pakistan
  • Re-financing of Genertech Power, a 26 MW captive power plant.
  • Complex issues related to proposed Uch II power plant on the site of an existing ICB project and the legal and reliability issues of either cancelling an existing ICB bid and pursuing an unsolicited power plant or conversely the legal consequences of cancelling an unsolicited power plant on the basis of an EOI.
  • Opinion on whether to terminate Hawksbay & Gadani power projects
  • Finding the appropriate legal basis for terminating Northern Electric Power Plant.
  • Munda Dam: Inter-se dispute between the equity partners requiring monitoring and advising PPIB internally on dealing with the parties and subject matter including the possible return of the PG.
  • Karrang & Sahara hydroprojects: on alleged violations of the Power Policy, 2002.
  • Advising the Ministry of Finance authorized by the Prime Minister to adjudicate the amount and legal basis for Uch Power’s LD dispute with OGDCL.
  • Habibullah Coastal’s dispute with SSGC on LD’s.
  • Extensive work on the interpretation, procedure and application of the Nepra Act & Codes including several meetings with Nepra to finalize the basis and procedures for tariff determination.
  • Establishment parameters for the proposed Uch II expansion project.
  • Orient Power’s re-financing dispute with Wapda on payment of the appropriate debt amount due to refinancing.
  • Hubco & Kapco dispute with the Labour Ministry on the scope and applicability of the Workers Welfare fund and Workers Profit Participation Fund upon them and by implication the IPP industry generally.
  • Key requirements for inclusion in the draft Pakistani Arbitration Act for applicability of the New York Convention to the Ministry of Law prior to finalization and enactment of the same.
  • Opinion work on the US$ 527 million Sabah Shipyard case before the High Court in London with reporting to the Prime Minister of Pakistan on the case.
  • Handled over 20 litigation cases including providing internal legal opinions upon them from London to Singapore to Pakistan on behalf of the GOP.
  • Opinion work on existing and proposed power plants, the legal basis for different categories of power projects, drafting amendments and interpretation of the 2002 Power Policy, how the independent regulator will act, dams etc.
  • Negotiated various Gas Sales Agreements and Fuel Supply Agreements between Gas Suppliers (SNGPL) e.g. Orient Power and IPP’s and Oil Supply Agreements e.g. with PSO on the model ICB documents and legal opinion work on the same.



4.           INTERNATIONAL WORK

 


          i)        SHAMS 1 SOLAR POWER PLANT


Lenders counsel for the establishment of the first concentrated solar power plant of 110 MW capacity to be located at Madinat Zayed in the Emirate of Abu Dhabi, UAE. Work included inter-alia the detailed review and provision of comprehensive comments on the following documents:


  • Green Payment Agreement between the Government of Abu Dhabi, Abu Dhabi Water and Electricity Company and Shams One Company PJSC dated the 30th of  July, 2008 (the GPA) Draft;
  • Gas Sales Agreement between Abu Dhabi National Oil Company and Shams One Company PJSC dated the 14th of  January, 2009 (the GSA);
  • Land Lease Agreement between Abu Dhabi Future Energy Company PJSC and Shams One Company PJSC dated the 16th of April, 2009 (the LLA);
  • Power Purchase Agreement between Abu Dhabi Water and Electricity Company PJSC and Shams One Company PJSC dated the 10th of  February, 2009 (the PPA);
  • Undated 2009 draft Connection, Use of System and Interface Agreement between Abu Dhabi Transmission and Despatch Company and Shams One Company PJSC (the IA); and
  • Operation & Maintenance Agreement between Shams One Company PJSC and Total Abengoa Solar Emirates O&M Company B.V. dated the 7th of May, 2009 (the O&M),
  • Engineering, Construction & Procurement Agreement between Shams One Company, PJSC and UTE Abener Teyma Emirates I dated the 7th of May, 2009 (the EPC).

 

ii)       Advising a bidder, Areva, on UAE laws, corporate framework and contractual documents for the establishment of the UAE’s first fleet of nuclear power plants valued at US$ 40 billion.


iii)      Advising Sharjah Electricity & Water Authority in relation to    various legal agreements like MOU’s for an existing gas   pipeline.


iv)      Advising Sharjah Electricity & Water Authority on its Gas Supply & Purchase Agreement (GSPA) for the import of gas to the UAE from Iran for its existing and proposed electricity  power plants.



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