People

Kevin Futch is a senior associate in King & Spalding’s Singapore office and a member of the firm’s Projects and Infrastructure practice. His practice focuses on the development and financing of solar, hydro- and gas-fired power projects and ASEAN utility/grid interconnection projects, as well as power industry-related acquisitions and restructurings. He has significant experience with generator-to-utility and utility-to-large consumer power purchase agreement (PPA) negotiations, and has advised project sponsors, governments and state-owned utilities on projects across Asia, Africa and Latin America.

 

Publications

  • Unlocking Hydropower Potential through Power Export, IHA Briefing, December 2016 (co-author)
  • Generating Revenue from a Solar Project – the Power Purchase Agreement, Lexology, 8 May 2015 (co-author)
  • A Road Less Travelled:  Industrializing Emerging Markets Through Hydropower”, The International Journal on Hydropower & Dams, Volume 22, Issue 2, 2015 (co-author)
Full Bio

Credentials

B.A., Furman University, high honors

J.D., George Washington University, honors

Virginia

Matters

Bangladesh – International counsel advising Scatec Solar ASA during negotiation of a PPA and Concession Agreement in connection with potential large-scale solar power project.

Bosnia – International counsel representing a Chinese investor during the acquisition of an ownership interest in a 390 MW combination heat and power plant in Zenica, Bosnia and Herzegovina.

Brunei – International counsel during negotiation of grid interconnection and energy trade agreements between Malaysia and Brunei.

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Matters

Bangladesh – International counsel advising Scatec Solar ASA during negotiation of a PPA and Concession Agreement in connection with potential large-scale solar power project.

Bosnia – International counsel representing a Chinese investor during the acquisition of an ownership interest in a 390 MW combination heat and power plant in Zenica, Bosnia and Herzegovina.

Brunei – International counsel during negotiation of grid interconnection and energy trade agreements between Malaysia and Brunei.

Georgia – International counsel to project company (owned by Tata Power of India, Clean Energy Invest of Norway and IFC InfraVentures) on the financing of the first phase of its 400 MW Adjaristsqali Cascade hydropower project.

Ghana– International counsel advising Scatec Solar ASA on negotiation of a PPA in connection with a 20 MW solar power project.

Honduras – International counsel advising the Norwegian Investment Fund for Developing Countries (Norfund), a fund which serves as an instrument in Norwegian development assistance policy, in connection with its potential acquisition of an equity interest in a portfolio of solar projects.

India – International counsel to issuer for a high yield bond offering by the owner / operator of multiple wind farms across India, including conducting diligence review of PPAs, operations and maintenance agreements and financing agreements in connection with such projects.

Indonesia – International counsel advising PT Paiton Energy during negotiation / finalization of of coal supply arrangements for a 1,230 MW coal-fired power project.

Indonesia – International counsel advising Sarawak Energy Berhad during drafting and negotiation of a joint development agreement and other upfront project development work in connection with a 900+ MW hydropower project.

Indonesia – International counsel to Maxpower Group, whose primary business focuses on the development of small and medium-sized power projects throughout Southeast Asia, on (i) various matters including a US$220 million refinancing, and (ii) the restructuring of its Indonesian joint venture vehicles.

Indonesia – International counsel during negotiation / finalization of grid interconnection and energy trade agreements between Malaysia and Indonesia.

Jordan – Advised a state-owned enterprise on negotiation of a PPA in connection with a 600 MW oil shale-fired power project.

Malaysia – International counsel advising Sarawak Energy on all transactional work related to the implementation of the Sarawak Corridor of Renewable Energy Program, one of the largest capital expenditure programs by a State-owned power utility within the Asian power sector today, consisting of:

  • a US$10 billion PPA for purchase of the entire volume of power produced by the 2400 MW Bakun hydropower project;
  • US$13.5 billion of PPAs with large manufacturers and other energy-intensive electricity customers;
  • a US$10 billion gas supply agreement and development of a gas pipeline network within Sarawak;
  • restructuring of SEB’s vertically-integrated utility business into separate generation, transmission and distribution units;
  • grid interconnection and energy trade agreements between Sarawak and Sabah;
  • 1500 MW portfolio of three gas-fired power projects;
  • 1000 MW portfolio of four coal-fired power projects
  • 3500 MW portfolio of five major hydropower projects; and
  • joint ventures and acquisitions in connection with the development and operation of coal mines.

Malaysia – International counsel during bankability review of PPA arrangements for a 200 MW portfolio of solar power projects.

Mongolia – International counsel advising Scatec Solar ASA during negotiation of a PPA in connection with potential large-scale solar power project.

Mozambique – International counsel advising a Norwegian IPP on project documentation bankability issues in connection with the potential acquisition of a 30 MW solar power project.

Myanmar – International counsel to Sarawak Energy Berhad during the upfront development of a 1,000+ MW hydropower project.

Namibia – International counsel advising Scatec Solar ASA in connection with (i) the potential development of a 30 MW portfolio of solar power projects, and (ii) the potential acquisition of an equity interest in a 20 MW portfolio of solar power projects.

Nepal – International counsel advising on project documents in connection with the restructuring of the 60 MW Khimti I hydropower project

Nigeria International counsel advising Scatec Solar ASA in connection with the potential acquisition of an equity interest in a 100 MW solar power project.

Norway – International counsel to Statkraft (Europe’s largest generator of renewable energy and a major player in European power trading) and Norfund on the $US600 million restructuring of the global hydropower business of the SN Power and Agua Imara groups, and Statkraft and Norfund’s joint venture vehicles.

Pakistan – International counsel during negotiation of an energy purchase agreement for the 50 MW Zeni wind project, located within the Gharo-Keti Bandar wind corridor.

Papua New Guinea – International counsel to the Government of Papua New Guinea during the establishment and implementation of a PPP that will develop, construct, finance, own and operate the 85 MW Naoro Brown Hydropower Facility.

Peru – International counsel during negotiation of an operations and maintenance agreement for the 168 MW Cheves hydropower project.

Philippines – International counsel during the top-up financing for the 360 MW Magat  hydropower project and the 170 MW Ambuklao and Binga hydropower projects.

Philippines – International counsel for the AES Corporation and its subsidiary Masinloc Power Partners Co., Ltd. during (i) the US$525 million financing of its 335 MW coal-fired expansion facility in the Philippines, including on all aspects of the development of the project; and (ii) negotiation of 15 power sales agreements with multiple retail offtakers.

Philippines – International counsel during the divestiture of a 900+ MW portfolio of thermal power generation and battery energy storage projects.

Philippines – International counsel for the power supply and energy storage arrangements relating to a 500 MW pumped storage project.

Saudi Arabia – International counsel to global power project developer during the bid for a 300 MW solar PV project.

South Sudan – International counsel during negotiation of power purchase, implementation, land lease and transmission line support agreements for the 42 MW Fula Rapids run-of-river hydropower project.

Uganda – International counsel to Kikagati Power Company Limited during the development of the 16 MW Kikagati hydropower project on the Kagera River in Uganda and Tanzania.

Matters

Bangladesh – International counsel advising Scatec Solar ASA during negotiation of a PPA and Concession Agreement in connection with potential large-scale solar power project.

Bosnia – International counsel representing a Chinese investor during the acquisition of an ownership interest in a 390 MW combination heat and power plant in Zenica, Bosnia and Herzegovina.

Brunei – International counsel during negotiation of grid interconnection and energy trade agreements between Malaysia and Brunei.

See more
Icon close

Close

Matters

Bangladesh – International counsel advising Scatec Solar ASA during negotiation of a PPA and Concession Agreement in connection with potential large-scale solar power project.

Bosnia – International counsel representing a Chinese investor during the acquisition of an ownership interest in a 390 MW combination heat and power plant in Zenica, Bosnia and Herzegovina.

Brunei – International counsel during negotiation of grid interconnection and energy trade agreements between Malaysia and Brunei.

Georgia – International counsel to project company (owned by Tata Power of India, Clean Energy Invest of Norway and IFC InfraVentures) on the financing of the first phase of its 400 MW Adjaristsqali Cascade hydropower project.

Ghana– International counsel advising Scatec Solar ASA on negotiation of a PPA in connection with a 20 MW solar power project.

Honduras – International counsel advising the Norwegian Investment Fund for Developing Countries (Norfund), a fund which serves as an instrument in Norwegian development assistance policy, in connection with its potential acquisition of an equity interest in a portfolio of solar projects.

India – International counsel to issuer for a high yield bond offering by the owner / operator of multiple wind farms across India, including conducting diligence review of PPAs, operations and maintenance agreements and financing agreements in connection with such projects.

Indonesia – International counsel advising PT Paiton Energy during negotiation / finalization of of coal supply arrangements for a 1,230 MW coal-fired power project.

Indonesia – International counsel advising Sarawak Energy Berhad during drafting and negotiation of a joint development agreement and other upfront project development work in connection with a 900+ MW hydropower project.

Indonesia – International counsel to Maxpower Group, whose primary business focuses on the development of small and medium-sized power projects throughout Southeast Asia, on (i) various matters including a US$220 million refinancing, and (ii) the restructuring of its Indonesian joint venture vehicles.

Indonesia – International counsel during negotiation / finalization of grid interconnection and energy trade agreements between Malaysia and Indonesia.

Jordan – Advised a state-owned enterprise on negotiation of a PPA in connection with a 600 MW oil shale-fired power project.

Malaysia – International counsel advising Sarawak Energy on all transactional work related to the implementation of the Sarawak Corridor of Renewable Energy Program, one of the largest capital expenditure programs by a State-owned power utility within the Asian power sector today, consisting of:

  • a US$10 billion PPA for purchase of the entire volume of power produced by the 2400 MW Bakun hydropower project;
  • US$13.5 billion of PPAs with large manufacturers and other energy-intensive electricity customers;
  • a US$10 billion gas supply agreement and development of a gas pipeline network within Sarawak;
  • restructuring of SEB’s vertically-integrated utility business into separate generation, transmission and distribution units;
  • grid interconnection and energy trade agreements between Sarawak and Sabah;
  • 1500 MW portfolio of three gas-fired power projects;
  • 1000 MW portfolio of four coal-fired power projects
  • 3500 MW portfolio of five major hydropower projects; and
  • joint ventures and acquisitions in connection with the development and operation of coal mines.

Malaysia – International counsel during bankability review of PPA arrangements for a 200 MW portfolio of solar power projects.

Mongolia – International counsel advising Scatec Solar ASA during negotiation of a PPA in connection with potential large-scale solar power project.

Mozambique – International counsel advising a Norwegian IPP on project documentation bankability issues in connection with the potential acquisition of a 30 MW solar power project.

Myanmar – International counsel to Sarawak Energy Berhad during the upfront development of a 1,000+ MW hydropower project.

Namibia – International counsel advising Scatec Solar ASA in connection with (i) the potential development of a 30 MW portfolio of solar power projects, and (ii) the potential acquisition of an equity interest in a 20 MW portfolio of solar power projects.

Nepal – International counsel advising on project documents in connection with the restructuring of the 60 MW Khimti I hydropower project

Nigeria International counsel advising Scatec Solar ASA in connection with the potential acquisition of an equity interest in a 100 MW solar power project.

Norway – International counsel to Statkraft (Europe’s largest generator of renewable energy and a major player in European power trading) and Norfund on the $US600 million restructuring of the global hydropower business of the SN Power and Agua Imara groups, and Statkraft and Norfund’s joint venture vehicles.

Pakistan – International counsel during negotiation of an energy purchase agreement for the 50 MW Zeni wind project, located within the Gharo-Keti Bandar wind corridor.

Papua New Guinea – International counsel to the Government of Papua New Guinea during the establishment and implementation of a PPP that will develop, construct, finance, own and operate the 85 MW Naoro Brown Hydropower Facility.

Peru – International counsel during negotiation of an operations and maintenance agreement for the 168 MW Cheves hydropower project.

Philippines – International counsel during the top-up financing for the 360 MW Magat  hydropower project and the 170 MW Ambuklao and Binga hydropower projects.

Philippines – International counsel for the AES Corporation and its subsidiary Masinloc Power Partners Co., Ltd. during (i) the US$525 million financing of its 335 MW coal-fired expansion facility in the Philippines, including on all aspects of the development of the project; and (ii) negotiation of 15 power sales agreements with multiple retail offtakers.

Philippines – International counsel during the divestiture of a 900+ MW portfolio of thermal power generation and battery energy storage projects.

Philippines – International counsel for the power supply and energy storage arrangements relating to a 500 MW pumped storage project.

Saudi Arabia – International counsel to global power project developer during the bid for a 300 MW solar PV project.

South Sudan – International counsel during negotiation of power purchase, implementation, land lease and transmission line support agreements for the 42 MW Fula Rapids run-of-river hydropower project.

Uganda – International counsel to Kikagati Power Company Limited during the development of the 16 MW Kikagati hydropower project on the Kagera River in Uganda and Tanzania.

Credentials

B.A., Furman University, high honors

J.D., George Washington University, honors

Virginia