Energy

Puno and Puno is the dominant Firm in the energy, oil and gas practice in the Philippines. It offers extensive local and global knowledge and experience in power transactions, and has been involved as counsel in all aspects of the power industry, such as power generation, transmission, distribution, trading and marketing, and in all forms of technologies, from coal, oil, natural gas, hydroelectric, and geothermal.

The Firm's lead partner and widely recognized expert in energy practice, Mr. Roderico V. Puno, was involved in the drafting and implementation of the Electric Power Industry Reform Act and its implementing rules and regulations.

The Firm claims the best client base in the energy industry, with clients such as the Manila Electric Company, the largest power distribution utility in the Philippines; First Gen Corporation, the largest Filipino-owned and controlled independent power producer in the Philippines, which is publicly listed and has an installed capacity of 1,839MW (accounting for approximately 12% of total installed capacity in the Philippines); and the Aboitiz Power Group, which includes Visayan Electric Company and Davao Light and Power Company, the second and third largest distribution utilities, respectively, in the Philippines.

The Firm has been involved in perhaps the most number of bids in connection with the privatization by the Power Sector Assets and Liabilities Management Corporation of the generation assets owned by the National Power Corporation, and is the first Firm to have represented a successful bidder in all stages of the bidding for the assets of a power generation plant (i.e., the Agusan Hydropower Plant), from the commencement of the due diligence process, to the actual bidding, and until the closing of the transaction and actual takeover of the assets in 2005.

The Firm has represented local and international consortiums in their investments in or bids for a variety of energy projects, such as natural gas plants, hydroelectric power plants, geothermal power plants, diesel power plants and water supply projects. The work the Firm performs for these clients is comprehensive and includes, among others:

  • Negotiating, drafting, closing and advising on power purchase agreements/energy conversion agreements, supply and turn-key construction contracts, EPC/O&M contracts, and other related agreements, including project financing documents;
  • Structuring investments in power projects, and negotiation, drafting, closing and advising on joint venture agreements, shareholders' agreements, sale and purchase agreements, and other similar agreements;
  • Formulating and evaluating bids and bidding procedures and requirements;
  • Obtaining licenses, permits, approvals and consents in compliance with environmental and other regulatory requirements;
  • Registering foreign investments and foreign loans with the Bangko Sentral ng Pilipinas;
  • Conducting due diligence on project agreements; real property and rights-of-way; franchises, permits, licenses and other regulatory requirements; environmental compliance; insurance; litigation; employment standards; and general corporate matters relating to project companies; and
  • Conducting preliminary legal studies on the development, operations and financing of power projects.

The lead partners for the Firm's energy, oil and gas practice are Messrs. Roderico V. Puno and Julito R. Sarmiento.

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