Energy & Power
We have a good understanding of the myriad of enactments / provisions that are applicable to the energy sector which helps us pinpoint the applicable provisions which ultimately benefit our clients through better deliverables, time and cost savings and above all, intelligent solutions.
India has one of the largest requirement for energy in the world. The energy sector is primarily categorized into two segments: electricity and petroleum (including gas).
Electricity is categorized as conventional and nonconventional, although subject to different sets of regulations; all aspects of electricity are governed by the Electricity Act of 2003. The National Electricity Policy is a guiding principle for the industry, which controls tariff and the generation, transmission and distribution of electric power. There are policies and guidelines for thermal energy, co-generation, biomass, captive power, wind energy and hydro power. India allows 100% Foreign Direct Investment (FDI) in projects relating to electricity generation, transmission and distribution, other than nuclear power plants. There is no limit on the size of the project and the quantum of foreign direct investment.
Oil, gas, and coal bed methane are the three main verticals of the petroleum sector in India. All verticals are essentially governed by relevant laws, however, a myriad of other enactments are applicable as well. India has reasonable potential for both onshore as well off-shore exploration and production activities in all three verticals. In the downstream segment, petroleum and gas distribution offers plenty of opportunities. India is also expanding its city gas distribution network program.
How can we help:
The Firm handles all legal issues providing client one-stop shop for their legal needs. We are one of the few law firms in India which have a dedicated energy law practice offering a wide spectrum of services including but not limited to corporate advisory, corporate finance, equity and debt financing, private equity, capital markets, regulatory, transactional, contract bidding, litigation, technical assistance and analysis, labour and employment advisory, real estate, competition law/anti-trust with special emphasis to the energy sector in India. Our clients range from multinational companies and leading domestic companies to high net worth individuals. We represent clients involved in distribution, generation, transmission in both conventional as well non-conventional power segments.
We have vast experience in Conventional and Non-Conventional Energy, including:
- Natural gas
- Waste to energy
We assist clients in identifying their objectives and goals before suggesting solutions. We are and act as legal advisors to government bodies such as the Maharashtra State Electricity Board (MESB), Maharashtra State Electricity Distribution Company Limited (MSEDCL), Gujarat State Electricity Generation Co. Ltd. (GSEGCL).
The Firm typically advises its clients on issues concerning power generation, corporate finance, regulatory issues, regulatory litigation, private equity and equity/debt placement and many more. We advised the Gujarat State Electricity Generation Co. Ltd. on corporate issues and have acted as the sole legal advisor on their private placement of INR 781 million for their expansion plans.
In the Petroleum sector we provide advisory services for upstream and downstream activities, including exploration, coal bed methane, LNG, LNG terminals, city gas pipe projects, etc. We provide assistance in asset acquisition to post-acquisition consolidation and diversification. Our bid advisory assistance includes services ranging from evaluating the bid to preparing the bid, evaluating structuring options, tax due diligence, post deal integration and exit strategies. We have advised Cairn Energy for its PSC for one of their oil blocks in India.
- Acting as Counsel and Advocate-On-Record for an electricity state utility in an arbitration involving approximately Rs. 3,000 crores
- Advised and appeared as Counsel for an electricity state utility for their issues concerning tariff for wind generated power purchase involving financial implications in excess of Rs. 800 crores every year for 8 years
- Acted as Sole Deal Counsel for electricity utility’s Rs.78.1 Crores private equity for expansion of capacity of their existing power plant in Gujarat
- Filed Information before Competition Commission of India against the abuse of dominance by Coal India and its subsidiaries in supply of coal to the core industries like steel industries, power industries, sponge iron industries, cement industries etc. This is one of the biggest competition action initiated against Coal India in recent history
- Advising and appearing for one of the largest sugar factories for their Renewable Energy Certificates issues before Central Electricity Regulatory Commission
- Appeared for an electricity state utility for their various issues arising from their PPAs of cogeneration plants, hydro plants and captive plant
- Advising a group for setting up Grid Connected Solar power project in Maharashtra
- Advising and advised projects for solar, hydel (micro, mini, small, medium and large), wind and fossil fuel based power plants on tariff issues, expansion issues
- Advising a State Utility for their proposed thermal power plant of 660MW
- Advising a private company for their upcoming thermal power plant in North-East region of 300MW with further expansion plans
- Representing an electricity state utility in their tariff and policy matters before MERC (Maharashtra State Electricity Regulatory Commission) and APTEL (Appellate Tribunal for Electricity, India)
- Representing biomass power producers and cogeneration green power producers for their tariff and policy matters
- Represented one of the largest steel manufacturers for its tariff and policy matters on fossil based cogeneration power plants
- Advised and acted for an electricity state utility for the Additional Supply Charge issues before MERC and APTEL
- Advised one of the largest oil exploration companies in India on their issues pertaining to upstream oil exploration issues and business in India
- Advise power companies for EPC contracts, projects, project finance
- Advising companies for cogeneration projects, hydro projects
- Advisor to some power projects for their project financing transactions
- Advisor to consultants advising power and energy projects
- Drafted EPC contract and finalized agreements for a proposed Power Project of 800 MW capacity. Project value approximately US$ 800 million
- Acting as advisors and counsel on issues concerning tariff for conventional, wind and hydel generated power purchase
- Appeared for issues concerning Additional Supply Charge, for various contentious issues arising from Power Purchase Agreements (PPA’s) of thermal power plants, cogeneration plants, hydro plants and captive plants
- Representing state utilities in their tariff and policy matters
- Advised and appeared for Power Distribution Company in the Arbitration matter initiated against an electricity state utility in relation to dispute concerning interpretation of Power Distribution Agreement involving claim amount of Rs. 14 Crores
- Advised and filed a Petition before the MERC for refund of approximately Rs. 1.5 Crores wrongfully recovered by an electricity state utility and state transmission company from a short term TSU under the Power Purchase Agreement
- Advised and representing Power generators of State of Maharashtra and other states challenging the concept of cross subsidy surcharge
- Advising companies on open access and cross subsidy surcharge issues
- Advised power generators and open access users on power exchange issues
*Please note that the experience mentioned above is only representative, some engagements / assignments / instructions cannot be mentioned for reasons of confidentiality.