C&T has represented project owners, sponsors and
lenders in EGAT’s IPP, SPP and VSPP programs in Thailand, and in
lignite-fired and hydro-power projects in Lao PDR.
C&T has participated in the number of law
reform projects, which demonstrate its good relations with a number of
regulatory agencies, and access to senior government regulators:
C&T was a member of Chulalongkorn Law Faculty's team
advising the Ministry of Energy re 2003/4 energy law reform program,
together with Boston Consulting Group.
C&T was a member of Chulalongkorn Law Faculty's team
advising the Department of Mineral Fuels re 2003/6 petroleum legislation
reform, together with Gaffney, Cline & Associates (Consultants) Pte.
Ltd.
C&T was a member of the Chulalongkorn Energy
Research Institute and Law Faculty team advising Ministry of Energy re
2007 proposed legislation on energy conservation and alternative fuel.
C&T is a member of Petroleum Institute
of Thailand’s name advising the Energy Policy and Planning Office,
Ministry of Energy on natural gas and NGV pricing, 2010-2011.
Our experience in the energy sector includes the
following (ongoing work marked in bold):
Renewable Energy
Counsel to sponsors
of Rinergy’s 50 MW wind power project in Lam Takhong.
Counsel to Conergy
Renewable Energy and Annex Power, EPC contractor for Yanhee Solar’s
PV (solar) plant.
Lead counsel to three sponsors
of wind power projects, including Pro Ventum International GmbH with
8 wind projects currently under development (with bank guarantees
posted with EGAT for 90, 90, 6.9 and 6.9 MW).
Thai counsel to EEA Fund
(Trading Emissions Plc) re alternative energy investments in
Thailand.
Lead counsel to sponsors of
Seema Energy’s integrated reforestation and 90 MW renewable energy
project in Nakhon Ratchasima Province.
Lead counsel to Sahacogen in
biomass cogeneration plant at Lamphun (woodchip, corncob, rice husk).
Lead counsel to Thai banks in financing A.T.
Biopower’s rice husk-fired power plants, (closing 23 April 2004).
Thai IPPs
Thai counsel to lenders (with
A&O) to Siam Energy 1600 MW IPP project. (Postponed).
Thai counsel to four bidders in 2007 IPP
Solicitation.
Thai counsel to lenders (with
Shearman & Sterling) to Ratchaburi Power IPP project (seventh
IPP to achieve financial close) (closing 1
March 2006).
Thai counsel to lenders (with
L&W and A&O) to BLCP Power’s IPP project (fifth IPP to achieve
financial close) (closings 14 August 2003, 4 February 2004, 30 March
2004). Lenders included ADB.
Thai counsel to the lenders in 2005 refinancing
of Glow IPP (formerly, Bowin) (fourth IPP to achieve financial
close).
Thai counsel to the lenders (with L&W) to
Eastern Power and Electric Co. Ltd. (third IPP to achieve financial
close), 2000 and 2004 refinancing.
Thai counsel to the lenders (with L&W) to
Tri-Energy Co. Ltd. (second IPP to achieve financial close), 1998,
and 2005 refinancing.
Thai counsel to the lenders (with Linklaters) to
Independent Power (Thailand) Co. Ltd. (first IPP to achieve
financial close, 1997).
Representation of Edison Mission Energy in its
successful bid for a PPA under EGAT’s IPP program, and Gulf Power
Generation (Bo Nok) in project development (first phase).
Other Thai power projects
Lead counsel to lenders to
SIPCO’s 160 MW CCGT SPP project (closing 16 July 2008).
Thai counsel to SPP project owners and sponsors,
including Sime LCP Power, Sahacogen, Rojana, Alpha Power, National
Power Supply, TLP Cogeneration, among others. During 1995-1996,
counsel to Sithe Energies on several SPP projects, including Laem
Chabang Cogeneration, Samutprakarn Cogeneration and Siam Steam &
Power. 2001 and 2002 refinancings of Sahacogen and Rojana Power.
Thai counsel to the lenders to various SPP
projects, including Amata-EGCO, SIPCO, Alpha Power, Gulf Electric,
Coco I, Coco II, Coco III, Nongkhae Cogeneration, Industrial Power,
National Power Supply, Thai National Power, among others.
Representation of National Petrochemical Pcl in
connection with its olefins project, including its co-generation
unit in the late 1980’s, prior to liberalization of the power
sector.
Thai counsel to lender to Kampot Power Plant in
Cambodia (closing February 2007).
Counsel to Thai banks in refinancing of
Amata-EGCO Power Limited and Amata Power (Bangprakong) Limited
(closing 25 January 2007).
Lead counsel to the lenders to Ratchaburi
Electricity Generating Co., Ltd., in financing the Baht 44 billion
acquisition of the Ratchaburi power plant from EGAT (closings 31
October 2000, 18 April 2002, and 1 November 2002), and 2005
refinancing.
Short-term advisory services to EGAT in 1994 on
the terms and conditions of its IPP program.
Lead counsel to the lenders to Thai National
Power for 2001 refinancing.
Lead counsel to the lenders to Industrial Power
for 2001 refinancing.
Lead counsel to the lenders to COCO III for 2001
refinancing of offshore loan.
Thai counsel to the lenders to REGCO, in the
1994 acquisition of the Rayong power plant from EGAT.
Thai counsel to the lenders to KEGCO, in the
1996 acquisition of the Khanom power plant from EGAT.
Thai counsel to Edison Mission Energy and
PowerGen in the proposed acquisition of interests in SPP projects.
Counsel to PTT Exploration and Development pcl
in the acquisition of a 26% equity interest in Thai Oil Power Co.
Ltd.
C&T has experience with the regulatory permits,
licenses and approvals applicable to power projects in Thailand, and
related project documents and security, land ownership, rights-of-way,
corporate, securities, environmental, public hearing and other Thai law
issues.
C&T monitors the progress of privatization of the
power sector, including plans of EGAT, PTT and EPPO, and developments
under the Capital of State Enterprises Act (“Corporatization Act”), B.E.
2542, under which PTT was converted to a public limited company on 1
October 2001, and EGAT was converted to a public limited company on 24
June 2005 (and reverted to a statutory corporation in March 2006).
Lao power projects
Thai counsel to lenders to
Hongsa Power Project, 1,878 MW lignite fired power project in Hongsa
District, Lao PDR (targeting signing 2Q 2010).
Counsel to sponsors of
Nam Lik 1 hydropower project in Lao PDR (target closing 2010).
Lead counsel to lenders to Nam
Ngum 2 hydropower project in Lao PDR (closing 30 June 2006).
Thai counsel to lenders to Nam
Theun 2 hydropower project in Lao PDR (closing 3 May 2005). The
lenders include ADB.
Lead counsel to Thai banks in financing of Houay
Ho Power Co. Ltd. (Lao hydropower project) (closing 23 December
2002, repricing 2007).
Thai counsel to lenders to
Theun Hinboun project in Lao PDR (closing 1996) (first Lao power
project to achieve financial close), and Thai counsel to the
borrower in the 2002 refinancing (closing in April 2002) and current
expansion financing (closing 31 October 2008). ADB is an original
lender.
LNG Projects
C&T represented Thai LNG Power Corp. Ltd. from 1995
to 2001. This company had been registered by PTT to undertake an LNG
terminal project in Map Ta Phud Industrial Estate, Rayong Province,
Thailand. The project was suspended due to the financial crisis.
C&T and Ashurst currently
represent PTT in its LNG Procurement Project.
Petrochemical and Refinery Projects
C&T has represented project owners, sponsors and
lenders in downstream projects in Thailand.
C&T acted for PTT advising on the merger of listed
affiliates Rayong Refinery and Aromatics Thailand.
C&T acts for Solvay on its
current major
hydrogen peroxide expansion project.
C&T has acted for project owners and sponsors in the
following projects:
National Petrochemical [PTT
Chemical pcl] (NPC-1 Olefins plant and expansion)
Peroxythai (Hydrogen peroxide
plant)
Thai Lube Base (lube base oil
project)
Vinythai (PVC plant and 2001 refinancing)
The Aromatics (Thailand (petrochemical plant)
BSTE and BST (petrochemical plants)
Mitsubishi Oil company (paraxylene plant)
2005 merger of NPC and TOC
C&T has acted for lenders in the following projects:
Rayong Refinery 2005 financing
Bangchak refinery 2006
expansion financing, and 2008 refinancing
Star Petroleum (oil refinery) (1999 “alliance”
with Rayong Refinery)
Tuntex Petrochemicals (2002 refinancing of PTA
and power plant)
The Aromatics (Thailand) 2001 and 2002 partial
refinancings
Thai Caprolactum
Thai Petroleum Pipeline (“Thappline”)
Thai Paraxylene 2006 refinancing
E&P Projects
C&T has acted for oil companies in the submission
and processing of applications for petroleum concessions, implementation
of exploration programs, and drafting and negotiation of joint venture
and financing agreements for petroleum development and production
projects. Clients have included Adani Energy, Alberta Energy, Anschutz,
Chevron, FINA, GFI Oil & Gas, Harrods Energy, Northern Gulf Oil, Pearl
Oil, Phillips Petroleum, Resourceful Petroleum, Tatex and others.
C&T acted for PTT in connection with its JDA gas
purchase, pipeline and separation plant project in a joint venture with
Petronas, and currently for the project company, TTM (Thailand) on the
Trans Thai-Malaysian Pipeline Project.
C&T acted as special counsel to PTT Exploration &
Production in its joint development project with Petronas Carigali in
the Malaysia-Thailand Joint Development Area (Blocks B-17 and C-19), in
negotiation of JOA’s with TOTAL and ESSO, and in financing its
participation in development of the Bongkot Field and in other projects.
C&T publishes papers on Thai petroleum legislation
and is a member of the Petroleum Institute of Thailand.
General
C&T has participated in special energy sector
studies in Thailand, and has performed mineral law and policy services
for international agencies in Nepal, Philippines and Vietnam. Since
1981, C&T has acted for the government of Nepal’s Petroleum Exploration
Promotion Project.
C&T organized AIPN’s first function in Bangkok on 15
May 2007, second on 12 February 2009, and is a member of the organizing
committee for the 2009 AIPN International Conference in Bangkok 18-21
October 2009.
E.T. Hunt Talmage, III is Chairman of the
International Bar Association Section on Energy, Environment, National
Resources and Infrastructure Law.
C&T is organizer of Chulalongkorn Law
Faculty’s LLM Oil & Gas Training Courses, August – September 2010.
