Energy and Natural Resources

The Energy and Natural Resources team at KLA advises the leading players in the sector, including generators, transmission and distribution companies, trading companies, energy-intensive consumers, investment funds and financial institutions, throughout all stages of their operations in Brazil, combining regulatory knowledge with transactional experience.

Our practice covers all segments of the power industry (generation, transmission, distribution and trading) and also extends to other energy sources and vectors.

We advise projects across a wide range of sources, including: Wind, Solar, Hydro (including small hydroelectric power plants (PCHs)), Thermal (natural gas and coal), Nuclear, Green hydrogen, Waste to energy, Biogas, biomass and biomethane, Distributed generation and self-production and self-production by equivalence [autoprodução por equiparação (APE)].

SERVICES

Regulatory

  • Legal opinions on legal and regulatory matters
  • Discussions on concession agreements, including economic-financial rebalancing, reinforcements, improvements and application of penalties
  • Advice on energy commercialization in the free contracting environment (ACL) and the regulated contracting environment (ACR), including experience in generation, sale and consumption, as well as in the migration of consumers to the free market
  • Negotiation of agreements for the financial compensation of curtailment of wind and solar projects

 

Transactional

  • Tax structuring of energy transactions, projects and companies
  • Review and negotiation of power purchase agreements (PPAs)
  • Mergers and acquisitions (M&A) of assets and companies, as well as corporate restructurings
  • Legal and regulatory due diligence
  • Advice to Brazilian and foreign companies on privatizations and on the acquisition and disposal of state owned assets, including support in structuring and conducting the process

 

Litigation and Dispute Resolution

  • Advisory in regulatory litigation, including administrative proceedings and prior consent proceedings
  • Prevention and resolution of sector disputes, in administrative, judicial and arbitration proceedings involving energy contracts and projects

 

Project Structuring and Financing

  • Structuring of distributed generation, self-production and self-production by equivalence (APE) projects
  • Participation in generation, transmission and energy storage auctions
  • Review and negotiation of energy infrastructure construction contracts, including leases and rights of use over real estate, consortium agreements, EPC and turnkey contracts, O&M agreements, insurance policies and transportation and equipment supply agreements
  • Review and negotiation of energy infrastructure financing agreements, including BNDES loans, project finance and loans from private and multilateral banks, as well as capital markets transactions (DCM), including issuances of debentures, commercial notes and other securities