- Energy

JCP is the to-go-to firm when it comes to both, traditional and renewable energy projects. It is the only law firm in the country experienced in handling electrical power generation, transmission, and distribution. Having built a solid relationship with the country’s energy regulators, JCP is in a unique position to navigate the rapidly developing energy sector, including electrical, hydrocarbon, wind, solar, thermal and biomass energy projects.

The firm’s clients include private developers, public companies, commercial lenders, multilateral development banks, export credit agencies, and contractors, among others, who JCP counsels on a variety of issues from project finance and mergers and acquisitions, to environmental and dispute resolution.

Legal 500 notes that “while the firm covers all industries, it is particularly strong in energy – where Marcos Peña is a name to note – and power.” Chambers & Partners Latin America louds JCP team “for its involvement in high-profile arbitration cases for international clients, particularly in the energy sector.”

Corporate and M&A: JCP’s diverse transaction experience allows it to handle complex acquisitions, divestitures, and restructurings of power generation and distribution facilities, as well as licensing, project development, and compliance.

Project Finance: JCP has an established reputation in financing of all types of energy projects, from traditional carbon plants to wind mills, having successfully represented both lenders and borrowers. Clients turn to JCP for its stellar handling of local due diligence process, structuring of the guarantees, negotiating PPA, EPC, operating and maintenance, equipment, and service agreements.

Energy Regulatory: JCP successfully handles energy regulatory and policy matters before the National Energy Commission (ONI), the Superintendence of Electricity (SIE) Dominican Corporation of State Electric Companies (CDEEE), Such matters range from regulatory compliance and litigation to energy market design, among other areas. Clients include electric utilities, retail electricity and gas suppliers, independent power producers, as well as investors.

International Arbitration: Our international arbitration team is the only one in the country with experience in high profile international energy disputes, having represented both the energy investors and the Dominican state before the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL), and the International Centre for Dispute Resolution (ICDR).

Services

• Corporate and M&A
  • Incorporation of corporate entities and set up of their operations related to energy projects
  • Acquisition and divestiture of power generation companies
  • Local due diligence during corporate mergers and acquisitions of energy assets
  • Corporate maintenance and compliance
  • Application for permits, licenses, concessions, etc.
• Project Finance
  • Representation of commercial lenders, institutional lenders, and project companies
  • Local due diligence process,
  • Structuring, creation, registration, and maintenance of local and foreign guarantees,
  • Negotiation of Power Purchase Agreements (PPA),
  • Engineering and Procurement Contracts (EPC), as well as operating and maintenance, equipment, and service agreements.
• Energy Regulatory Work
  • Advising regarding regulations and policies of the National Energy Commission (ONI), the Superintendence of Electricity (SIE) Dominican Corporation of State Electric Companies (CDEEE)
  • Regulatory proposals and drafting of needed legislature, objective parameters for establishing prices for energy resources, transmission tariffs
• Dispute Resolution
  • Represent private and state companies in local courts in connection with enforcement of local guarantees
  • Represent both private investors and the Dominican state in international arbitration cases before ICSID, ICC, ICDR, etc
• Energy Tax and Incentives
  • Advise private companies and investors on tax implications of their operations
  • Tax optimizing structuring of energy projects
  • Negotiate economic incentives for investors in renewable energy projects
• Land Transactions
  • Negotiation of right of way acquisitions, condemnations, etc.
  • Property assembly and its management for energy projects

Key Representations

• Participation in the re-structuring process of the national electric/power sector, resulting in the recapitalization of the Dominican Electric Corporation (CDE)
• Representation of the generation companies stemming from the recapitalization of the Dominican Electric Corporation (CDE), as well as independent energy producers
• Representation of the Dominican State in a US$350 million acquisition of the electric distribution companies Edenorte and Edesur
• Representation of the Dominican Corporation of State Electric Companies (CDEEE) in renegotiation of a Power Purchase Agreement with _______________ resulting in US100 million savings per year.
• Representation of the Dominican Corporation of State Electric Companies (CDEEE) in a bid for contracting 700MW ____________
• Installation of a private solar power generation project of ________ MW, including negotiation and drafting of power purchase agreements (PPAs) and equipment purchase and sale agreements and obtaining required permits.
• Installation of a wind farm of approximately 100 MW, including negotiations of PPA with the CDEEE, obtaining permits and drafting of contracts.
• Representation of the Inter-American Development Bank (IDB) in financing of a 50MW wind energy farm, including due diligence for a potential equity investor.
• Installation of a number of independent power generators using solar, thermal and biomass energy, including cement and garment manufactures and hotels.
• Representing a state-owned entity in a successful settlement of an ICC arbitration to enforce a power purchase agreement, resulting in client savings of US$440 million over five years.
• Representation of a foreign energy investor in several claims for damages over US$700 million against the Dominican state, including the settlement of a major arbitration under a BIT between France and the Dominican Republic, a claim under the DR- CAFTA, and a case before the ICC Court.