Kelly
Malone

Nuclear Power Experience

Turkey – International counsel advising Rusatom Overseas, as lead sponsor, on the development and financing of the US$20 billion 4800 MW Akkuyu Nuclear Power Project, located in Turkey, including advising on all matters relating to the Intergovernmental Agreement between Russia and Turkey, Bankability Analysis and Power Purchase Agreement for the project (on-going).

Government Power Sector Experience

Malaysia – Primary outside counsel to Sarawak Energy Berhad, the State-owned power utility in the State of Sarawak Malaysia, advising on (i) the implementation of the highly-successful US$20 billion SCORE Program conceived as a catalyst for the industrialization the State of Sarawak by making available a long term, competitively-priced, supply of renewable electric power to energy-intensive production facilities established by domestic and foreign investors , and (ii) the implementation of a power exchange between the State of Sarawak and Indonesia.

Philippines – Lead international counsel to the Government of the Philippines and its investment bank co-advisors, Credit Suisse and Rothchilds, during the landmark restructuring and US$10 billion Philippine Power Sector Privatization, which included (i) the formation of a wholesale electricity spot market, (ii) the privatization by concession of the nationwide electric power transmission system, (ii) divestment of 41 State-owned power generation facilities with an aggregate capacity of 5000 MW, (iii) the appointment of private administrators to trade power, sourced from the Government’s legacy IPP commitments,  in the electric spot market , and (iv) the restructuring of approximately US$5.5 billion of sovereign guarantee-backed, power sector loans.

Hydropower Experience

Albania – International counsel advising Statkraft on all aspects of the preparation, negotiation and finalization of modified FIDIC-based contracts with contractors for multiple construction packages, during the construction tendering for the 256 MW Devoll HPP, located on the Devoll River.

Georgia – International counsel advising on all aspects of (i) the development, construction and IFC/ADB/EBRD-led debt financing of Phase 1 of the 400 MW Adjaristsqali Cascade HPP, sponsored by Tata Power and Clean Energy Invest, which will export most of its production for sale in the wholesale spot market in Turkey, (ii) the development, construction and IFC / EBRD-led debt financing of the 433 MW Namakhvani HPP (on going), sponsored by Clean Energy Group and Enka, and (iii) acquisition by Tokyo Electric Power Company of an ownership interest in the 108 MW Dariali HPP (in operation) and 176 MW Oni HPPs (on-going).

India – International sponsor’s counsel to SN Power for the resolution of shareholder issues during the construction of the 192 MW Allain Duhangan HPP, located in District Kullu, Himachal Preadesh.

Kenya – International counsel advising Norfund on the acquisition of an ownership interest in the 300 MW Lake Turkana Wind Project, located in Marsabit West County.

Laos – International counsel (i) advising the Electricity Generating Authority of Thailand during the preparation, negotiation and finalization of the Power Purchase Agreement for the 1200 MW Nam Thuen II HPP, and (ii) advising SN Power during the preparation and submission of a bid for the acquisition of an ownership interest in the 1200 MW Nam Thuen II HPP.

Malaysia – International counsel advising Sarawak Energy Berhad on all aspects of:  (i) the development, financing and construction of the 944 MW Murum, 1295 MW Baleh, 1200 MW Baram 1 and 93 MW Batang Ai HPPs, (ii) the preparation, negotiation and finalization of the Power Purchase Agreement for the entire production of the 2400 MW Bakun HPP, (iii) the acquisition of the 2400 MW Bakun HPP, and (iv) the negotiation and implementation of power exchange agreements with Indonesia, Brunei and the Malaysian State of Sabah.

Myanmar – International counsel advising SN Power on all aspects of the development, financing and construction of the 650 MW Middle Yeywa, Run-of-River HPP, located on the Myitnge (Nam Tu) River in Shan State.

Nepal – International counsel advising on all aspects of (i) the establishment of a regional joint venture between Tata Power and SN Power for the development of HPPs across the Himalayan Rim, (ii) the preparation and negotiation of a Project Development Agreement for the 650 MW Tamakoshi 3 HPP that would export power to India, (ii) the administration of all and PPA issues with State-owned utility and senior-secured, debt financing made available by IFC and ADB for the 60 MW Khimti I HPP, and (iii) front-end development work on the 60 MW Kirne Run-of-River HPP (subsequently discontinued).

Papua New Guinea – International counsel advising the Government and State-owned utility on (i) all aspects of procurement by the Government for the award of the right to develop, construct, own and operate the 80 MW Naoro Brown HPP on a public-private partnership basis (on-going), and (ii) early stage decision by Government to develop the 1800 MW Karimui HPP.

Peru –  International project counsel advising on all aspects of the development, construction and US$250 million IFC-led, senior-secured, debt financing of the 168 MW Cheves HPP, sponsored by SN Power

Philippines –  International counsel advising on all aspects of (i) the acquisition by SN Power and Aboitiz Power of the US$360 million IFC-led, senior-secured, debt financing and rehabilitation of the 170 MW Ambuklao and Binga HPPs, (ii) the acquisition by SN Power and Aboitiz Power of the US$380 million IFC-led, senior-secured, debt financing and rehabilitation of the 360 MW Magat HPP (awarded “Asia Pacific Power Deal of the Year” by Project Finance International), and (iii) the preparation and negotiation of Energy Storage Agreements for the 500 MW Wawa Pumped Storage Project, sponsored by Equis.

South Sudan – International project counsel advising on all aspects of the preparation, negotiation and finalization of the Power Purchase Agreement and Concession Agreement for the 42 MW Fula Rapids Run-of-River HPP, sponsored by Norfund and Aldwych International and located on the River Nile.

Tanzania – International project counsel during (i) the preparation and negotiation of the Power Purchase Agreement and Implementation Agreement for the 222 MW Rumakali HPP, sponsored by Borodino and located in the Iringa region, and (ii) the development and construction of the Kikigati Run-of-River HPP, sponsored by Tronder Energi and located on the Kagera River.

Uganda – International project counsel advising on all aspects of (i) the Emerging Africa Infrastructure Fund-led, senior-secured debt financing of the Bugoye Run-of-River HPP, sponsored by Tronder Energi and located on the River Mubuku and River Isya, and (ii) the development and construction of the Buseruka Run-of-River HPP, sponsored by Hydromax and located on the River Wambabya.

Zambia – International counsel advising SN Power on the formation of a joint venture and submission of a bid for the right to develop and operate the 750 MW Kafue Gorge Lower HPP, located on the Kafue River in the southern Chikankata district (bid unsuccessful).

Thermal Power Experience

Philippines – International project counsel during the US$800 million US Ex-Im-backed, take-out financing of the 850 MW Quezon Power Project (awarded “Asia Pacific Power Deal of the Year” by Project Finance International);

Philippines – international counsel during the US$1,250,000, JBIC/US Ex-Im-backed, debt financing of the 1200 MW Ilijan Power Project (awarded “Asia Pacific Power Deal of the Year” by Project Finance International and “Asia Project of the Year” by Privatization International);