Portugal

Portugal

Here’s a selection of our energy sector credentials in Portugal:

EDP  - Gestão da Produção de Energia, S.A., the promoter, on the implementation of two projects which are now operating - the Baixo Sabor and the Foz Tua hydropower plants – with a total installed capacity of 418MW and involving a total investment of over 1Billion€. This included assistance in the planning stage, procurement, contractual assistance during the construction phase, as well as during operation and management, involving namely expropriation of land, preparation of relevant contracts and agreements, interaction with public and private entities, litigation and legal assistance in several regulatory, environmental and licensing matters.

EDP – Gestão da Produção de Energia, S.A. with respect to negotiations with the Portuguese Government and with the relevant authorities regarding a three year suspension of the Fridão Hydropower Plant project and its implications. We are currently supporting EDP in arbitration process against the Portuguese State regarding the Fridão Hydropower Plant project, with a value of 358 Million Euro. This is a matter where there is a national media interest, for environmental and political reasons, and it has been subject to national news coverage.

A global multienergy company on all legal advice necessary to implement the project in all its ramifications, including all regulatory, licensing and environmental matters and revision of the whole contractual package and comprises the project and associated projects.

ContourGlobal in respect of the potential acquisition of the whole share capital of NovEnergia, a leading European independent renewable energy producer with a portfolio of 614MW in operation across several geographies (Bulgaria, France, Poland, Portugal, Italy and Spain). This included assistance in regulatory issues (wind, solar and hydro), conducting a due diligence on the assets on all relevant jurisdictions, analysing and assessing the legal risk associated with existing judicial processes and/or arbitrations, assisting in competition matters and negotiation of the transaction documents. The client eventually decided against this acquisition. This matter was coordinated by CMS Portugal and there were other CMS offices involved in the transaction (Bulgaria, France, Poland, Italy and Spain).

Aquila Capital on the potential acquisition of several photovoltaic projects located in Portugal, particularly (i) five photovoltaic projects with a total capacity of 244.5MW; (ii) four photovoltaic projects with a total capacity of 20MW; (iii) four photovoltaic projects with a total capacity of 147.90 MW.  Our involvement in these transactions included assistance in regulatory issues, conduction of due diligences and negotiation of the transaction documents.

Several Portuguese natural gas distribution operators on joint litigation cases against the National Regulatory Authority for Energy (ERSE) regarding the establishment of the tariffs for the use of the distribution grid regarding years 2010 to 2019.

Simplewatt and MTX Solar, Portuguese companies, on their investments in solar photovoltaic production, both in the development of large utility-scale project as well in small self-consumption projects. Our assistance includes advising on regulatory and licensing matters, including avant-garde issues regarding direct PPA’s with final consumers which are not as of yet developed in Portugal, as well as drafting contractual schemes to be used by the company.

Helexia Development, a French company working in solar energy for self-consumption for industrial and commercial buildings, on all the legal aspects of its entry in the Portuguese market. These include licensing issues, an in-depth analysis of regulatory framework, assistance with setting up a vehicle company, and development of a contractual scheme. We are also advising Helexia on work in the electromobility sector, notably in the installation of charging points, and in the revision of contracts to be entered into with several partners.

Several investors on the solar auction launched by the Portuguese Government for 1400 MW of grid capacity.

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Mónica Carneiro Pacheco
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