Industries: Energy, Energy Regulatory & Utilities

International Energy Other Regulated Companies

The global energy market is in a state of dynamic change. The U.S. energy market is undergoing major restructuring, while nations around the world are privatizing existing utilities and exploiting new energy sources. International markets for energy products and services are becoming increasingly competitive, and utility functions once administered by separate state monopolies are now converging.

McGuireWoods has facilitated efforts by U.S. energy companies to expand overseas as opportunities arise for new energy and utility projects or refurbishment of existing ones. McGuireWoods lawyers regularly represent clients in complex international financial and development transactions, including various aspects of power projects, financings, and transactions in Latin America, the Caribbean, Europe, the Former Soviet Union and Russia, and Asia.

International energy projects often require a legal team capable of integrating U.S. law with that of another nation. A multi-disciplinary approach is often needed to fully support an energy transaction. McGuireWoods can provide the support needed to negotiate with foreign governments and businesses, especially when structuring complex project financings. McGuireWoods can provide regulatory, finance, tax and corporate lawyers to help finalize complex international deals.

Our ability to call on the full resources of the firm instantaneously from anywhere in the world is an important part of our ability to provide clients with first rate service on a worldwide basis. Moreover, our lawyers and legal assistants have substantial language and foreign cultural skills. They speak, among other languages, Russian, Dutch, French, German, Italian, Spanish, Kazakh, Afrikaans, Urud, Pushtu and Hindi. Many have lived in foreign countries, and a number are licensed to practice law in more than one country. Their knowledge of foreign language and culture are invaluable assets to clients transacting business in international jurisdictions and markets.

Representative Transactions

McGuireWoods’ international energy experience includes the following:

  • Represented a major U.S. utility holding company in connection with the successful $2.2 billion acquisition of an English regional electric company (REC), including interim bank financing and Reg 144A private placement of permanent debt.
  • Represented Dominion Energy, Inc. in connection with the divestiture of its Latin American assets in Argentina, Bolivia, Belize and Peru to Duke Power.
  • Representation of the governments of Taiwan and Romania regarding the opening of their energy and other markets to U.S. investment.
  • Served as counsel to the O&M contractor for negotiation and documentation of its O&M contract for a 230 MW power project in Pakistan.
  • Represented a central Asian seller/lessor/grantor in the sale, lease, grant of concession and grant of management rights for a 2,500 MW coal fired power plant, cross border transmission capacity, two hydro electric power facilities and a regional distribution grid, respectively.
  • Represented Entergy and its consultants in the acquisition and renovation of a coal fired electrical power plant in Bulgaria including a cross border power purchase agreement.
  • Represented consultants to Westinghouse in the renovation of a project in Bulgaria.
  • Delivered a legal opinion to Westinghouse concerning the enforceability of Russian Government indemnification in connection with the renovation of a nuclear power plant in St. Petersburg.
  • Handled various aspects of energy and infrastructure projects in Europe, South America and the Middle East, including
    • power sales agreements
    • fuel supply and transportation agreements
    • thermal energy sales agreements
    • EPC agreements, environmental and other permitting matters
    • concession issues
    • government and commercial bank guarantees
    • ECA and project financing.

Industrial/Infrastructure Projects

  • Represented developers in connection with the development, acquisition, sale and financing of seven "inside-the-fence" industrial power facilities, including electric and steam assets and recovery boilers involving 25 sites in the U.S. and Canada.
  • Represented Lucent Technologies in the formation of a telecommunications joint venture in Kazakhstan. The transaction was funded in part by the Defense Enterprise Fund.
  • Representation of Kazakhtelecom in the restructuring of its earth station joint venture with Deutsche Telecom and the services agreement between the parties for international traffic.
  • Representation of Kazakhtelecom in the restructuring of its joint venture with Telstra International Limited of Australia.
  • Representation of Katelco, Kazakhstan's national television company, in its negotiations with Comsat for a nationwide satellite broadcasting network.
  • Representation of a large private Russian telecommunications company with licenses for provision of both voice and data transmission internationally and throughout the Former Soviet Union. We have successfully represented the enterprise in the sale of minority portions of its capital stock to Western partners, as well as in negotiation and documentation of traffic agreements with other telecommunications companies around the world.

For further information contact:

John W. Barnum
Mark F. Brzezinski
Donald E. King
Joseph G. Tirone
Mark J. La Fratta
Xavier G. Van der Mersch
Stephen H. Watts, II