asia

energy in
An overview of our practice
The need for investment in energy and related infrastructure in Asia remains strong. Asias largest developing economies such as the Peoples Republic of China and India have ambitious plans to develop domestic energy resources and related infrastructure, whilst in other Asian countries there is a resurgence of new and expanded energy infrastructure to meet growing demand. Through our wide network of offices in Asia Pacific, DLA Pipers Energy and Infrastructure Group offers clients access to experienced practitioners skilled in advising on complex energy and infrastructure projects.

How we can help We bring together multi-disciplinary teams of lawyers who offer project finance, construction, commercial and contentious expertise. We advise governments, private sector sponsors, contractors, equipment suppliers, export credit agencies, multilaterals and commercial lenders on energy transactions relating to:

We have advised on a vast range of energy related infrastructure projects including:

Our Expertise Oil and Gas

Oil and gas LNG Pipelines Power generation Transmission and distribution

Advising a major Japanese power company with regard to a series of LNG sale and purchase agreements Representing HSBC Bank USA, National Association as Trustee in connection with the US$310 million financing and development of gas field facilities by the Indonesian State Oil and Gas Company (Pertamina) to exploit and process reserves in south Sumatra, Indonesia Advising a Japanese energy company with regard to the finance documentation for the $3.6 billion Baku-Tbilisi-Ceyhan oil pipeline project in the Caspian Advising an energy company with regard to due diligence and other issues for a possible acquisition of LNG assets in the Asia-Pacific region Advising a Japanese client on various aspects of the planned Central Asia Gas Pipeline Project (Turkmenistan-AfghanistanPakistan) Advising the largest liquid terminal operator in the world in relation to its investment (JV establishment), financing, construction (EPC contracts) and long-term operational contracts in respect of gas, oil and chemical port terminals Advising a consortium consisting of Petronas, LG, Conoco and PetroVietnam in a detailed feasibility study for the development of the Dung Quat refinery Representing JBIC and senior lenders in the ground-breaking US3.5 billion advance payment structural financing of the ANACO and Western Energy Development projects in Venezuela

Negotiating and drafting project and finance documentation Structuring development and investment joint ventures Real estate, planning and environmental issues associated with the construction, operation and acquisition of major energy facilities Legal and regulatory issues arising from the ongoing operation of energy infrastructure assets Post asset commissioning issues (such as Operations and Maintenance, Safety, Health and Environment) Dispute resolution issues arising from such projects Advice on carbon trading and acquisition/disposition of carbon credits

In addition to advising clients on energy infrastructure development, we have also advised on regulatory issues relating to energy in such areas as:

Privatisation Climate change Emissions trading

Renewable Energy and Climate Change Our lawyers in Asia advise on the development, construction and financing of renewable energy plants such as biomass, small hydro, geothermal and wind projects. We have also advised on waste to energy projects. Together with our UK and European offices, we offer clients a global solution to Climate Change challenges and assist clients in structuring Clean Development Mechanism credits under the Kyoto Protocol from non Annex 1 countries in Asia. In addition to renewable energy projects, our lawyers also advise on other carbon sequestration projects across Asia. Recognising the cost disadvantage typically associated with developing small renewable energy power plants, we have helped clients evolve innovative project structures that enable such projects to be commercialised such as the aggregation of smaller projects into a single larger transaction as well as offering fee arrangements which recognise the upfront risks of such projects.

Understanding Energy Our lawyers have worked along the entire energy value chain from upstream oil and gas through to electricity generation and retail. Our clients therefore have access to lawyers with both industry knowledge and legal, regulatory and commercial understanding of energy projects who are able to contribute effectively at all stages of the project development cycle from consortium formation, joint bidding arrangements through to project financing and construction. As a global firm with an international focus, we can help clients to structure transactions in any internationally accepted choice of law. Energy in Asia

Representing the senior lenders in the project financing of a lube oil facility in Indonesia Advising the bidder for the purchase from Pearl Energy of petroleum concessions in Thailand, Indonesia and Philippines, involving review and due diligence on the companys oil and gas production sharing agreements Representing Japan Bank for International Cooperation (JBIC) in the Sakhalin II LNG project

Acting as common lenders counsel in the proposed financing of the San Pascual Cogeneration Project in the Philippines Representing the Asian Development Bank and the Thai and international commercial bank lenders in the US$1.34 billion financing of the 1,434 MW, coal-fired BLCP power project in Map Ta Phut industrial estate, Rayong Province, Thailand Representing J-Power and Sumitomo Corporation in the acquisition of the Caliraya-BotocanKalayaan (CBK) Power Project in the Philippines Representing a consortium consisting of Genting Berhad, PT Rodamas, PT Intadaya Primakencana and Highlands Power Development Limited in connection with its bid to construct the 600MW Cirebon coal fired power project on a Build-Own-Operate basis. This bid was ultimately withdrawn prior to tender

CDM application and the possible acquisition of equity by a private equity fund

Assisting a Chinese hydroelectric power company with pre-IPO financing, including their acquisition of hydropower plants in the PRC, structuring advice for their operations, implementing a corporate reorganisation and CDM eligibility, and acting as counsel to the issuer on their Nasdaq IPO Advising a Singapore-based renewable energy company in its 20-F registration as a reporting foreign issuer with the US SEC in preparation for subsequent Regulation S private placement Acting on behalf of insurers in connection with property damage claims under a construction all risks policy arising out of the construction of a hydro-electric power project in Indonesia Representing Sumitomo Corporation in acquisition from Hopewell of partially completed thermal power project, Tanjung Jati B, and in Jepara, Indonesia and secured non-recourse financing of US$1.5 billion for same Representing the Thai lender group led by Bangkok Bank PCL in the US$73 million, Thai Baht 1,200 million project financing of the 150 MW Houay Ho hydropower project located in Lao Peoples Democratic Republic. The project supplies power to the Electric Generating Authority of Thailand (EGAT) Representing the borrower in connection with the US$30 million plus Thai Baht 3 billion refinancing of the Theun-Hinboun Power Project in Laos. The project involved a hydroelectric plant constructed in Laos selling 95% of its off take to the Electricity Generating Authority of Thailand (EGAT)

Power

Advising Central Trading and Development Corporation on amendments to an existing Power Purchase Agreement with Electricity of Vietnam in connection with the proposed conversion of its 650MW BOT power plant at Hiep Phuoc to gas power Representing a Japanese trading company as EPC contractor for a 350MW gas fired power project in Malaysia Representing JBIC and other senior lenders in the Merida III power project, the first IPP project financing in Mexico and in subsequent projects including Tuxpan II, Altamira II and most recently Valladolid III Advising a Japanese utility in relation to its investment in a 175MW geothermal power project in Indonesia Advising a Japanese lender in relation to a 210MW coal fired power plant in the Philippines Advising Vietnams Ministry of Industry on IPP, including the largest Vietnamese power BOT to date Representing a major Japanese utility in relation to its bid for the 1800MW KIECO independent power project in Korea

Climate change and renewable energy

representing a Japanese power company in relation to its continued purchasing of carbon emission reduction credits under the Kyoto Protocol Representing a Japanese utility in relation to its pad to participate in a 98MW wind power project in South Korea Advising a US innovative solution provider for solar power plant applications on establishing its joint venture with a China power investment company Advising a European renewable energy company on a wind energy project in the PRC in relation to the establishment of the project company in the PRC, conversion into a JV with PRC majority,

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About DLA Piper DLA Piper is one of the worlds largest law firms with over 4,000 lawyers in Asia Pacific, Europe, Middle East and the Americas. With over 75 offices in more than 30 countries around the world and a number of associated firms through the exclusive alliance known as DLA Piper Group, our reach is truly global. KEY CONTACTS In Asia, we comprise more than 280 partners, lawyers and paralegals based in Bangkok, Beijing, Hong Kong, Shanghai, Singapore and Tokyo. We service clients in each of these locations as well as other countries in the region including Australia, India, Indonesia, Korea, Malaysia, New Zealand, Philippines, Taiwan and Vietnam.

Robert Caldwell Partner T +852 2103 0536 robert.caldwell@dlapiper.com

Brett Stewien Partner T +852 2103 0810 brett.stewien@dlapiper.com

Nicolas Groffman Partner T +86 10 6561 1788 nicolas.groffman@dlapiper.com

Dr Chanvitaya Suvarnapunya Partner T +662 686 8552 chanvitaya.suvarnapunya@dlapiper.com

Wan Li Partner T +86 21 3852 2088 wan.li@dlapiper.com

Supreedee Nimitkul Partner T +662 686 8535 supreedee.nimitkul@dlapiper.com

Lance Miller Partner T +81 3 4550 2812 lance.miller@dlapiper.com

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DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities and a list of offices across Asia Pacific, Europe, the Middle East and the Americas can be found at www.dlapiper.com. In the Peoples Republic of China, we are restricted for regulatory reasons (as are all international law firms) from practising local law. This means we work with local law firms if a matter needs advice on local law (e.g. the production of local law legal opinions). In Singapore, we are restricted for regulatory reasons (as are most international/foreign registered law firms) from practising local law. This means that if a matter needs advice on any Singapore law issues we will arrange for this advice to be provided and issued by a separate local law firm. Copyright 2012 DLA Piper. All rights reserved. | JUN12 | 3235