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28 September 2011
Our experience in the energy sector includes the following (ongoing work marked in bold):
Renewable Energy
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Counsel to Sindicatum Carbon Capital in restructure and refinancing of two waste gas VSPP’s in Kamphaeng Saen, Nakhon Pathom Province, signed 7 April 2011
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Counsel to Thai banks in project financing of two 90 MW wind power projects in Nakhon Ratchasima Province.
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Counsel to Thai banks in project financing of wind power project in Phetchabun Province.
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Thai counsel to ADB and Thai banks in financing of Bangchak Petroleum’s 38 MW solar project in Ayudhya Province, signed 12 October 2010.
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Counsel to SunEdison, US multi-national, in acquisition and development of solar projects. Acting for borrower in project financing by KasikornBank Public Co., Ltd. of two solar power plants. Closing 28 September 2011.
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Counsel to Conergy Renewable Energy and Annex Power, EPC contractor for solar projects.
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Lead counsel to four sponsors of wind power projects,with over 12 wind projects currently under development.
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Thai counsel to EEA Fund (Trading Emissions Plc) re alternative energy investments in Thailand and due diligence reports.
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Lead counsel to Sahacogen in biomass cogeneration plant at Lamphun Province (woodchip, corncob, rice husk).
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Lead counsel to sponsors of Seema Energy’s integrated reforestation and 90 MW renewable energy project in Nakhon Ratchasima Province.
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Lead counsel to Thai banks in financing A.T. Biopower’s rice husk-fired power plants, (closing 23 April 2004).
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Thai IPPs
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Thai counsel to lenders (with A&O) to Siam Energy 1600 MW IPP project. (Postponed).
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Thai counsel to four bidders in 2007 IPP Solicitation.
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Thai counsel to lenders (with Shearman & Sterling) to Ratchaburi Power IPP project (seventh IPP to achieve financial close) (closing 1 March 2006).
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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.
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Thai counsel to the lenders in 2005 refinancing of Glow IPP (formerly, Bowin) (fourth IPP to achieve financial close).
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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.
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Thai counsel to the lenders (with L&W) to Tri-Energy Co. Ltd. (second IPP to achieve financial close), 1998, and 2005 refinancing.
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Thai counsel to the lenders (with Linklaters) to Independent Power (Thailand) Co. Ltd. (first IPP to achieve financial close, 1997).
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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).
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Other Thai Power Projects
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Lead counsel to lenders to SIPCO’s 160 MW CCGT SPP project (closing 16 July 2008).
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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.
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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.
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Representation of National Petrochemical Public Co., Ltd. in connection with its olefins project, including its co-generation unit in the late 1980’s, prior to liberalization of the power sector.
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Thai counsel to lender to Kampot Power Plant in Cambodia (closing February 2007).
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Counsel to Thai banks in refinancing of Amata-EGCO Power Limited and Amata Power (Bangprakong) Limited (closing 25 January 2007).
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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.
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Short-term advisory services to EGAT in 1994 on the terms and conditions of its IPP program.
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Lead counsel to the lenders to Thai National Power for 2001 refinancing.
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Lead counsel to the lenders to Industrial Power for 2001 refinancing.
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Lead counsel to the lenders to COCO III for 2001 refinancing of offshore loan.
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Thai counsel to the lenders to REGCO, in the 1994 acquisition of the Rayong power plant from EGAT.
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Thai counsel to the lenders to KEGCO, in the 1996 acquisition of the Khanom power plant from EGAT.
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Thai counsel to Edison Mission Energy and PowerGen in the proposed acquisition of interests in SPP projects.
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Counsel to PTT Exploration and Development Public Co., Ltd. in the acquisition of a 26% equity interest in Thai Oil Power Co. Ltd.
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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).
Laos Power Projects
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Hongsa lignite-fired 1,878 MW power project in Hongsa District, Laos PDR - Acting for lenders by BBL. Closing October 2010.
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Nam Lik 1 - Acting for sponsors of hydropower project in Laos PDR. Target Closing 2011.
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Nam Theun 2 - Acting as Thai counsel to lenders (include ADB) to hydropower project in Laos PDR. Closing 3 May 2005, COD March 2010.
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Nam Ngum 2 – Acting as lead counsel to lenders to hydropower project in Laos PDR. Closing 30 June 2006.
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Theun Hinboun
– Acting as Thai counsel to lenders to a project in Laos PDR. Closing 1996. (First Laos power project to achieve financial close)m;
– Acting as Thai counsel to the borrower in the 2002 refinancing. Closing in April 2002; and expansion financing. Closing 31 October 2008. ADB is an original lender.
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Houay Ho Power Co. Ltd. – Acting as lead counsel to Thai banks in financing of Laos hydropower project. Closing 23 December 2002, repricing 2007.
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Tad Salen Power Project – Acting as Thai counsel to Krung Thai Bank Public Co., Ltd. in project financing of a hydroelectric power project in Laos PDR. Closing August 2011.
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Xayaburi hydropower project 1,280 MW power project in Laos PDR – Acting for lenders led by Bangkok Bank Public Co., Ltd., KasikornBank Public Co., Ltd., Krung Thai Bank Public Co., Ltd. and Siam Commercial Bank Public Co., Ltd. Target signing: 4th Quarter 2011.
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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:
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National Petrochemical [PTT Chemical Public Co., Ltd.] (NPC-1 Olefins plant and expansion)
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Peroxythai (Hydrogen peroxide plant)
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Thai Lube Base (lube base oil project)
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Vinythai (PVC plant and 2001 refinancing)
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The Aromatics (Thailand (petrochemical plant)
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BSTE and BST (petrochemical plants)
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Mitsubishi Oil company (paraxylene plant)
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2005 merger of NPC and TOC
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C&T has acted for lenders in the following projects:
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Rayong Refinery 2005 financing
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Bangchak refinery 2006 expansion financing, and 2008 refinancing
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Star Petroleum (oil refinery) (1999 “alliance” with Rayong Refinery)
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Tuntex Petrochemicals (2002 refinancing of PTA and power plant)
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The Aromatics (Thailand) 2001 and 2002 partial refinancings
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Thai Caprolactum
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Thai Petroleum Pipeline (“Thappline”)
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Thai Paraxylene 2006 refinancing
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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, Coastal Energy, FINA, GFI Oil & Gas, Harrods Energy, MOECO, 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 was Immediate Past Chairman of the International Bar Association Section on Energy, Environment, National Resources and Infrastructure Law.
C&T was organizer of Chulalongkorn Law Faculty’s LLM Oil & Gas Law, Economics and Policy Training Courses, August – September 2010.
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:
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C&T is 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.
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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.
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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.
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C&T was a member of Petroleum Institute of Thailand's team advising the Energy Policy and Planning Office, Ministry of Energy on natural gas and NGV pricing, 2010-2011.
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C&T is a member of Petroleum Institute of Thailand’s team advising the DMF on carbon capture and storage, 2011.
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