Energy and infrastructure

Generation, transmission, concessions and public and private works.

We advise generators, transmission companies, energy retailers, contractors, concessionaires and lenders on energy and infrastructure projects in Colombia. We work within the public utilities framework of Laws 142 and 143 of 1994, the rules issued by the CREG (the energy and gas regulatory commission), the procedures of the UPME (the mining and energy planning unit) and XM (the grid operator and wholesale power market administrator), and the public-private partnership regime of Law 1508 of 2012.

We support the project from structuring to operation: forming the project vehicle, obtaining licenses and permits, negotiating construction and supply contracts, reaching financial close and resolving the disputes that arise during execution.

We work alongside the project's engineers, lenders and environmental consultants so that the legal analysis matches the real schedule and risks of the works. We would rather solve a problem in the contract than argue it later before a tribunal.

How we support

  • We structure the project vehicle and the agreements among sponsors, including governance and exit provisions.
  • We review and negotiate EPC (engineering, procurement and construction), equipment supply, and operation and maintenance contracts.
  • We negotiate long-term power purchase agreements (PPAs) and align them with the wholesale market rules administered by XM.
  • We handle project registration with the UPME and the connection process to the national interconnected grid.
  • We obtain environmental licenses and natural-resource permits, and conduct prior consultation processes with ethnic communities.
  • We establish easements and acquire land for transmission lines, substations and roads.
  • We advise on public-private partnerships and concessions with the ANI (the national infrastructure agency) and local governments, from feasibility to reversion.
  • We structure project financing: security packages, trusts, assignment of cash flows and agreements with lenders.
  • We represent parties in contractual disputes before arbitral tribunals and in proceedings before the Superintendence of Residential Public Utilities.
  • We handle the regulatory compliance of utility companies: reporting, tariffs and dealings with the CREG.

Recurring issues

  • Cost overruns and schedule extensions under EPC contracts
  • Environmental and social risk: licensing, prior consultation and community relations
  • Risk allocation in concessions and public-private partnerships
  • Security and insurance coverage required by lenders
  • Regulatory changes by the CREG and their effect on existing contracts
  • Land acquisition and easements for infrastructure

Practice areas

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