EXPERIENCE

The following captions contain lists of relevant experience held by the Firm or its
Members in each listed sector

Contact Phone

PBX: (571) 211 3090
Cel : (57) 316 411 1448

Address

Carrera 9 No. 74-08, Of. 504
Bogotá, D.C - Colombia

The Firm has published the 2021 Domestic Natural Gas Sector Overview for Lexology and will be doing so for 2022 authored by the following members LINK.

Augusto Figueroa, who has longstanding comprehensive experience as lead counsel for material undertakings in the Colombia’s natural gas transportation and utilities industry, as well as for oil and production and exploration. He has extensively represented major foreign and domestic companies in those sectors.

José Plata Puyana recently served a three-year term as Deputy Superintendent for Gas and Energy Utilities. In that capacity he simultaneously served as a member of the Colombian Energy and Gas Commission, which regulates both utilities. Being a lawyer and an economist, he is a prime consultant for which he founded MarkUp. The Firm and MarkUp are strategic allies.

Liliana Arciniegas Vanegas is an experienced senior counsel with detailed recent legal know-how related to O&G upstream, having worked both as inhouse and outside counsel in O&G companies.

Advised and represented major energy company (i) for the winning bid and contract negotiation forthe first natural gas trunkline BOMT contract in Colombia; (ii) for attainment of the Colombian sovereign guarantee for the project SPV´s foreign debt; (iii) as Colombian Counsel for the successful international placement of Rule 144A bonds issued by the SPV to finance the project non-recourse; (iv) for ongoing integral advice to and representation of the SPV throughout project execution over 17 years up to the consummated transfer to a Colombian government designated assignee; (v) for the SPV’s wind-up as executors; and, (vi) for successful subsequent litigation cases as defendant before Colombian administrative courts.

Advised and represented a major energy sector client for: (i) successfully bidding in an auction at the Colombian Stock Exchanges for the finance-leveraged sale by a Colombian government entity of the largest package of shares in country’s main gas transporter; (ii) thereafter identified the opportunity and represented the client in bidding for the discounted purchase of its own debt from that same entity; (iii) the client thus attained the extinction of the trust-in-guarantee where the purchased shares has been held; and, (iv) further counseled additional purchases of stock by our client from minority shareholders in the same gas transporter.

Advised Colombia’s main gas transporter’s subsidiaries for negotiating successive gas marketing and distribution agreements applying grandfathered rights which made existing regulations on separation of activities inapplicable.
Advised client on the regulatory requirements for the potential development of Colombia’s first gas exportation project-financed facility. The project was discarded due not having reached agreement with the Colombian government on the needed regulatory policy.

Advised and represented major energy company in an unsuccessful bid for the BOO contract for the third Colombian natural gas trunkline set forth in Colombia’s national natural gas plan.

Advised and represented an offshore consortium in negotiations for the potential tendering of a long-term contract for the purchase of gas to be compressed and transported from fields in the Colombian eastern plains operated by an association of a mayor P&E company and the Colombian state-owned oil producer. The consortium opted not to tender.

Advised and represented major energy company (i) for the winning bid and contract negotiation forthe first natural gas trunkline BOMT contract in Colombia; (ii) for attainment of the Colombian sovereign guarantee for the project SPV´s foreign debt; (iii) as Colombian Counsel for the successful international placement of Rule 144A bonds issued by the SPV to finance the project non-recourse; (iv) for ongoing integral advice to and representation of the SPV throughout project execution over 17 years up to the consummated transfer to a Colombian government designated assignee; (v) for the SPV’s wind-up as executors; and, (vi) for successful subsequent litigation cases as defendant before Colombian administrative courts.

Performed a comprehensive due diligence of eight state-owned power distributors in the Colombian Caribbean coast region and of their holding entity. This was to advise on a potential bid by our client for capitalizing and controlling two new SPV´s through which power distribution was wholly restructured in the region. We further examined the bid´s TOR and counseled negotiations with possible co-bidders. The client opted to not bid largely based on our due diligence risk assessments. The chronic occurrence of such risks was partly the reason for the assignment of majority interest in the SPVs and then of their liquidation. We carried out an updated due diligence and study of the assignment bid conditions for the same client, having reiterated the original negative risk assessment. Once again, our client did not tender. At being dissolved for liquidation in 2020, the SPVs and the existent distribution structure was replaced under policy and regulation by another structure. Two power distribution regions were each assigned to new utilities and the risks we had originally identified were addressed through subsidies and the assumption by the State of certain labor liabilities.

Counseled the submission of a bid by a consortium of major energy sector companies for restructuring a state-owned power generating company regarding: (i) labor cost of transferring the latter’s personnel to a projected SPV; (ii) assessment of voluntary retirement package; and (iii) opinion on taxation risks conveyed by the overall transaction.

Advised and represented a consortium of a major energy and a paper mill company in a winning bid before a major Colombian regional government utility for (i) a project financed BOO of a combined cycle vapor/gas fueled 230MW plant; (ii) the negotiation and execution of a power purchase agreement between the consortium’s project SPV and that government utility where a condition precedent to the PPA obligations would be the attainment of an acceptable gas supply agreement; (iii) the unsuccessful negotiation of a long-term gas supply commitment by the Colombian government´s O&G company to ground the project´s financing, and (iv) the amicable termination of all project agreements including the contract performance bond due to absence of an acceptable gas supply agreement.

Advised the unsuccessful consorted bidding by two major power companies for the privatization of a 500 MW hydroelectric power generation facility in Colombia.

Coetaneously advised the same said power companies to offer for the privatization of a 1000 MW hydroelectric power generation facility in Colombia. Our direct client decided to participate but allowed our continued counsel to the winning bidder.

Performed the legal due diligence for and advised on the potential purchase of fiduciary interest in a state-owned 180 MW thermal power generation company. The client opted not to offer.

Advised and represented a major power sector civil works contractor for: (i) jointly bidding with a leading power generator manufacturer before Colombia´s largest power utility for the turnkey sale of a combined cycle 300 MW facility; and (ii) subsequent negotiation of the detailed contract.

Performed TOR analysis and comprehensive due diligence (including legal risk assessment of related PPAs) for a potential bid by our client for the capitalization of a new state-owned power generation and commercialization company. The client opted not to submit a bid and this capitalization was never consummated.

Performed comprehensive due diligence for and advised and represented our client in the submission of a private offer to purchase trust or stock interest in entities controlling or owning three 400 MW gas-powered generation facilities. Commercial agreement was not reached.

Performed TOR analysis and performed main risk due diligence for potential submission of a private offer by our client to purchase an interest in a state-owned 2,085 MW power generation company. The Colombian government suspended this bidding.

Contact Us

Do you need more information ? Contact Us and we will soon answer your request.