We generate Electricity Related Agreements in “boiler plate form” and also provide related training and capacity building. Our experience in this field include:
Kenya:
Training Courses for utility and the Government of Kenya in the design of electricity regulatory frameworks and the core content of key agreements needed in the electricity supply industry, with a specific focus on EPC contracts, Wheeling Agreements, Power Purchase Agreements, Interconnection Agreements, O&M Agreements and Government Undertakings.
Mozambique:
Lead negotiator for a Framework Agreement and Draft Concession Agreement for the development of a large coal-fired power station in the north of Mozambique. Importantly, the agreement necessitated good knowledge of the differences between concession-type approaches and common-law based approaches. The Agreement covered all aspects relating to the development of the project and is the precursor of the later Concession Agreement to be entered into between the GoM and the concessionaire. The Agreement is used by GoM as a template for negotiating other similar concessions.
South Africa:
Independent Specialist Consultant for drafting and negotiating an agreement on model contracts/agreements between Government and private concessionaires for the establishment of non-grid or mini-grid electricity operations in rural South African areas.
Legal and Regulatory Specialist for the development of a robust and appropriate utility reporting system (financial and technical) for electricity licensees
Mozambique:
Transaction advice and drafting, negotiation and conclusion of Framework Agreement (pre-concession) between Reference and Government of Mozambique for a coal fired IPP in central Mozambique.
Drafting, negotiation and conclusion of a Framework Agreement and related approvals between client and Government of Mozambique for a coal-fired IPP in central Mozambique.
Legal Advisor for an international for a private distribution concession in Inhambane Province to serve as ‘model’ for future similar concessions in the country. Scope of work included formulation and application of concession, license conditions and power sales agreements.
South Africa:
Identification of legal and regulatory requirements and constraints for generation options at a distributed level in South Africa.
Specialist legal assistance in order to provide proposed suggested amendments and refinements to the ISMO Bill, Electricity Regulation Amendment Bill, Energy Regulator Bill and various draft regulations for the implementation of key ESI (Electricity Supply Industry) legislation and regulations.
Comments and advice on published draft ISMO Bill and ERA Bill for provision to DoE
Legal and Regulatory Advisor on to assist SAPP with the establishment of the ZIZABONA transmission infrastructure between Zimbabwe, Zambia, Botswana and Namibia (the ZIZABONA Project).
Review of revised Energy Bill for purposes of the introduction thereof to Parliament.
Project leaders for the project to determine legal and regulatory constraints for introducing renewable energy projects in South Africa.
Drafting of concept regulations introducing equipment labelling requirements and standards for energy efficiency for South Africa.
Legal Experts assisting preparation for electricity market restructuring and governance in South Africa.
Kenya:
Drafting of Interconnection Agreements, Wheeling Agreements and O&M Agreements for KETRACO, the newly established Kenya transmission company. The agreements are to be used for negotiations between KETRACO and potential customers, with the initial focus on renewable energy
Lesotho:
Assistance in drafting and negotiating renewable energy (wind) PPA and Connection Agreements. Assistance includes risk analysis, market arrangements, interconnection and wheeling issues
RSA/Botswana:
Legal and regulatory advisory services to position, develop and commercialise coal deposits in Botswana through a combined mining and power station development. The main focus of was on legal and regulatory issues, including review and drafting of licences, drafting of legislative amendments, and transmission related issues.
We assess and assist with the drafting of agreements and regulations. Our experience in this field include:
We specialise in the drafting of legislation and regulations as well as regulatory framework design. Our expertise in this field include:
South Africa:
Legal and Regulatory Advisor -- Northern Cape Solar Park Corridor Project, including policy aspects and legislative considerations and constraints.
Drafting of concept Independent System and Market Operator Bill (ISMO) for the Republic of South Africa. The Bill addresses the establishment of a single buyer and independent system operator (ISO) by transferring the ISO from Eskom to an independent state-owned company. Aspects included corporatisation, asset transfer, transmission agreements, PPA’s, single buyer rules, regulatory and governance framework.
Project Manager and lead legal and regulatory consultant for the investigation, design and recommendation of a water services regulatory framework for South Africa. Design included the design parameters of a water services regulator, regulatory methodologies incorporating international best practice, regulatory design, implementation and compliance regimes.
Independent Specialist Consultant for preparation of Draft Electricity Act (including cross-border power sale/purchase aspects and facilitation of increased trade in the SAPP) for submission by Department of Minerals and Energy to the Parliamentary Portfolio Committee. Drafting of legislation up to State Law Adviser standards.
Independent Advisor for legal and technical review of the proposed Electricity Distribution Industry (EDI) Restructuring Bill aiming to establish Regional Electricity Distributors (REDs).
Independent Specialist Consultant for preparation of Draft Gas Act for submission by to the Parliamentary Portfolio Committee.
Swaziland:
Drafting of regulations in order for Energy Regulator to establish regulatory compliance regime in order to enforce licenses, ensure compliance to norms and standards and enable penalty regime
Drafting of a regulatory framework, application procedures, licensing consideration and award framework, procedures and generation, transmission, import, export, and distribution licences for Energy Regulator
Angola:
Legal and Regulatory Adviser for the development of a regulatory framework for the development of the downstream liquid fuels sector.
Zimbabwe:
Legal and Regulatory Specialist for the development of a regulatory framework necessary for economic regulation of the whole electricity industry value chain, hereunder to prepare specific tariff orders and associated regulations and codes (covering generation, transmission and distribution i.e. both wires and retail supply).
Detailed CV's and project lists demonstrating our wide experience in different sectors are available on request.
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