Energy
At Cliffe Dekker Hofmeyr, we have a leading Energy practice with access to a network of more than 200 dedicated, specialised lawyers in DLA Piper offices around the world.
We have extensive experience in advising on significant energy and infrastructure projects and on a variety of assignments within the South African and Southern African energy markets.
Our clients include governments, and government departments/agencies, sponsors, lenders, contractors, project companies, utilities and consortia on all aspects of the energy business and across all fuel types, including power generation, transmission and distribution, industrial, commercial supply and carbon markets.
Our Energy sector expertise
In the transmission and distribution of electricity and gas, and issues relating to networks, we advise in relation to codes, licenses, permits, transportation, connections and other regulatory issues. We are knowledgeable about every facet of these complex projects, understand the position of the different participants in the business context and are therefore able to effectively and efficiently advocate the unique position of each client.
In both domestic and regional energy transactions, we have analysed a broad range of legal issues, including those relating to regulatory frameworks, procurement, sovereign immunity, contracting authority, environmental issues, tax, project financing and providing security for such financing, black economic empowerment and social investment policies, property related issues and cross-border trade and regulatory issues.
We have drafted and negotiated power purchase agreements, construction contracts, operating and maintenance contracts, utility supply agreements, land use agreements and financing agreements. We have also processed and obtained environmental and other construction and operating regulatory permits and consents.
Our lawyers combine a detailed legal knowledge of the energy sector and commercial awareness of the energy industry. We constantly renew our knowledge to ensure our expertise remains unrivalled within our industry and that we are best placed to support our clients' needs. Our Energy sector expertise is located across the many practice areas of the firm allowing a seamless service to clients.
Our services
We advise in relation to the full range of legal issues in every project including:
- restructuring and deregulation;
- planning, development, environmental and regulatory;
- acquisitions and disposals of assets and entities;
- negotiating project specific documents including concession agreements under public private partnerships, power purchase agreements for all types of generation schemes, operating and maintenance agreements, EPC agreements, connection agreements, transmission, use of systems agreements and fuel supply agreements;
- structuring complex joint ventures and project entities;
- procurement, competition law, employment law, property/real estate law, social investment policies, black economic empowerment, governing law and dispute resolution and health and safety;
- tax, exchange control and customs and excise; and
- advising on the financing and refinancing of projects consisting of the negotiation of all financing agreements including security structures and instruments and carbon trading matters.
Our experience
- Advising on the land arrangements, power purchase agreements, implementation agreements, connection agreements, shareholder agreements, EPC and the operations and maintenance agreement in respect the IPP Procurement Programme involving renewable energy technologies mandates including acting for developers, financiers and contractors across the technology spectrum, which includes wind, hydro, PV, ESP and landfill gas
- Advising on the restructuring and corporatisation of Eskom and the restructuring of Mossgas and Soekor
- Advising on cross border power purchase agreements in the southern African electricity sector taking into account applicable regional treaties
- Advising on the construction, financing, maintenance and fueling of fossil fired and nuclear fuelled power stations
- Advising on the commercial and financial aspects of gas fired and hydro electric generation power stations in Mozambique
- Advising the South African Government nominee in the Pande gas project and the project company in respect of the EPC contract, gas transportation agreement, financing agreements, the operations and maintenance contract and shareholders' arrangements
- Advising on importing and using LNG, the development of re-gassification facilities and the subsequent use of natural gas in a power station and related commercial and financial agreements
- Advising on using co- generation power plants and related transactional agreements
- Advising on all aspects of tolling energy projects both in South Africa and the region
- Advising on the establishment of a colliery and power station in a neighbouring country and the sale of energy cross border to South Africa pursuant to a power purchase agreement
- Advising Eskom on the development and implementation of various demand side management agreements
- Advising on the restructuring of the power generation industry in Kenya including all power purchase arrangements with third parties and the subsequent proposed IPO
- Advising on the rationalisation and restructuring of a distribution and reticulation industry within Angola
- Advising on the DME IPP Peaking Project within South Africa including all regulatory aspects and the construction, financing, operating and maintenance, power purchase agreement and fuel supply
- Advising on the ring fencing and licensing requirements in respect of restructuring of Nampower (Namibia)
- Advising on the development of a re-gasification terminal and power station in a South African port
- Advising on the development, construction, financing and operation of 12 hydro electric power stations on the Orange River and the underpinning power purchase agreement
- Advising on the construction of the Transnet multi-products pipeline project from Durban to Johannesburg
- Advising on the development of a petroleum multi-products pipeline project from Maputo (Matola) to Kendal
- Advising lead contractor on the refurbishment of the Mozambique and Zimbabwe national transmission systems
- Advising on the development, financing, construction, operation and maintenance of a fossil fired power station together with a cross border railway line and development of a deep water port
- Advising on the introduction of voluntary system of tradable renewable energy certificates
- Advising the Government of the People's Republic of Mozambique in relation to the restructuring of the operations of the Cahora Bassa hydro electric project and its shareholder interest in HCB, the Mozambican company that operates and owns the hydro electric project
- Advising industrial users on the development, financing, construction and operation of a IPP coal fired based lead power plants in South Africa
- Advising on the development, financing, construction, and operation of a 50MW IPP co-generation plant
- Advising lenders on the development, financing, construction and operation of a 45MW IPP gas-fired power plant in Mozambique
- Advising on the development, financing, construction, operation and commissioning of a thermal energy conversion plant
- Advising on the development, financing, construction, operation and commissioning of a tri-generation plant in an urban area