Annual Review
2012

Insights and Experience

Scroll for our thoughts on the global market and industry trends currently shaping today’s business environments and for highlights of our clients’ success.

Energy

Insights & Experience - Energy

Introduction

The growing importance of shale oil technology, and in particular its dramatic impact on U.S. energy self-sufficiency coincided with the ongoing development, investment, and growing effectiveness of alternatives and renewables. While public subsidies and incentives have been critical to start-up phases, the next-stage developments in the energy sector will bring focus on the pricing matrix between renewables, alternatives, and mainstream energy resources. The strong U.S. environmental commitment around controlling greenhouse gas emissions that was expressed during the second inauguration of President Obama may ignite further advancement in renewables. Growth of renewables provides the economic rationale for a major expansion of energy infrastructure, including vital interconnection and transmission facilities. Growth in shale provides advancement in technology and creates a wealth of new employment opportunities.

China has become a major investor in the alternatives sector; energy resources in Southeast Asia need development, and Europe’s energy network remains strongly committed to renewables with the most ambitious targets for transitioning to a low-carbon economy. These developments reflect the reality that ongoing energy needs are robust and growing. They will need to be met from a range of sources and with respect to larger environmental considerations. Large and diverse investment opportunities remain in a sector that continues to command interest from the developed and developing worlds alike.

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Our Partners'
Perspectives

Click or swipe to read our partners’ perspectives on:

  • Renewables
  • Southeast Asia
  • Environmental Developments

RENEWABLES

Thinking about what has happened in the U.S. renewables market over the past 12 months, what do you see as the most significant trends shaping the market in the future?

Timothy Callahan
Chicago

With the recent extension of the Production Tax Credit through the end of 2013, the renewable energy market appears to be somewhat reinvigorated (particularly as to the wind energy market). That said, the drivers of this sector for the future will be threefold: (i) federal legislation that continues to lift this market, whether through tax credits or a national renewable portfolio standard; (ii) increased natural gas prices; and (iii) improved technology. While federal incentives have clearly boosted the industry over the years and will likely be necessary for the immediate future, renewable energy clients have indicated that (even with the federal incentives) it currently remains difficult to find utilities willing to offer pricing for power purchases that make such projects economically viable. Such low power prices have resulted primarily from low natural gas prices — i.e., utilities can generate cheap power from natural gas-fired power plants and therefore have little incentive to offer higher power prices for renewable energy. Finally, as renewable energy technologies improve, this sector will not only be less dependent on governmental incentives, but may actually be able to compete against more conventional technologies (such as gas-fired plants) on an “installed cost basis.”

William DeGrandis
Washington, DC

Interconnection and transmission issues continue to be important drivers for renewable energy resources. The Federal Energy Regulatory Commission (FERC) has new initiatives and rules designed in part to facilitate interconnection of renewables and other resources to the grid, to have sufficient capacity to transmit these to market, and to integrate renewables’ intermittent nature with other resources already connected to the grid. Interconnection and related costs can significantly affect renewable energy development. Many good sites for wind and solar resources are located far from the existing grid and need expensive new transmission lines and interconnection and transmission facilities.

FERC has sought to encourage development of renewable resources, in part by implementing a “beneficiary pays” cost allocation to help share the costs of such expensive new lines and facilities. Most of the interconnection- and transmission-related disputes now before FERC involve the costs of interconnection and transmission facilities that utilities seek to allocate to renewable energy developers.

While a number of states require retail utilities to have a certain percentage of renewable energy in their overall power resources, several utilities have stated that they will seek more renewable generation even when they satisfy required target levels, as a hedge against natural gas prices.

Next, read about Southeast Asia

SOUTHEAST ASIA

What changes do you see for Southeast Asia’s energy sector over the year ahead? Will there be shifts in energy finance?

Patricia Tan Openshaw
Hong Kong

As Southeast Asian economies continue to grow, their governments continue to prioritize developing energy resources. Existing installed capacity doesn’t meet current power requirements, let alone forecasted demand. We expect increased activity involving greenfield projects as well as rehabilitation/expansion of existing power plants. We expect more project development, particularly in Thailand, Malaysia, Indonesia, the Philippines, and Vietnam. While some of these countries are also promoting renewable energy initiatives, most power is still generated through fossil fuel plants.

Asian corporates will continue to be active as project sponsors in both domestic and cross-border transactions — especially in Malaysia, the Philippines, and Thailand, where local sponsors tend to dominate, financed by highly liquid local banks. In other countries such as Indonesia, Laos, and Vietnam, international sponsors usually have the controlling stake, and financing is more typically provided by multilateral agencies, export credit agencies, and international commercial banks.

Armed with bigger war chests and the availability of inexpensive financing, Asian corporates are targeting power assets across the region. Coincidentally, several current owners have announced the streamlining of their businesses by shedding non-core power generation assets. We therefore expect increased M&A activity across the region in the year ahead.

Next, read about Environmental Developments

ENVIRONMENTAL DEVELOPMENTS

What environmental developments are on the horizon for the energy sector?

Kevin Poloncarz
San Francisco

Some of the most significant environmental developments in the energy sector involve climate change and our efforts to reduce greenhouse gas (GHG) emissions. President Obama made clear in his inaugural and State of the Union addresses that his administration will utilize all available tools to achieve measurable reductions in the absence of comprehensive Congressional legislation. For now, this means the EPA will continue regulating GHGs from the power, transportation, and oil and gas sectors under the Clean Air Act. At the same time, states are proceeding with market-based GHG trading programs, most significantly California’s ambitious Cap-and-Trade Program and the Regional Greenhouse Gas Initiative of several northeastern states. By design, these programs are intended to lay the foundation for broader carbon markets. The second Obama administration will struggle with whether and how, given the continued Congressional stalemate, such market-based solutions may be integrated with federal efforts to combat global warming.

Peter Weiner
San Francisco

Environmental developments on the horizon for energy companies depend on the technology or source of energy involved. First, the burgeoning natural gas exploration and production sector may face both EPA and state regulation of hydraulic fracturing (“tracking”), including disclosure of chemicals used in fracking, regulation of the chemicals or their wastes as hazardous substances, and requiring proof that groundwater quality is not impacted. Natural gas power plants on the coast will continue to face repowering requirements because of “once-through-cooling” concerns about the effect of warm water on oceanic species. Second, EPA regulation of coal power plants could include more stringent air, water, and waste (such as coal ash) regulation. Third, large solar and wind plants face increasing paralysis from species concerns, especially golden eagle for wind and desert tortoise and San Joaquin kit fox for solar in the West. Oil and gas exploration also faces continuing challenges in the Interior West because of sage grouse concerns.

Insights & Experience -Energy
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Insights & Experience - Energy

Highlights of our
Client Successes

Exelon Generation Company obtains complete dismissal of claims

We secured a complete dismissal of claims against Exelon Generation Co. LLC, one of the world’s largest power producers, in a negligence action brought against the company in which the plaintiff blamed her cancer on nuclear radiation from one of Exelon’s power plants. In addition, the plaintiff claimed this incident was part of a larger “cancer cluster” near Exelon’s nuclear power stations. Our firm’s substantial experience came into play as the team gathered extensive information relating to the scientific disciplines in the case and pursued a series of strategic filings to demonstrate that no community members had been exposed to radioactive materials and no such cluster existed. After Exelon’s last motion was granted and right before expert discovery, the plaintiff decided to abandon the case and file dismissals.

New Houston location reflects the firm’s commitment to the global energy industry.

Firm advises Korean export credit agency on award-winning power project in Turkey

The firm represented Korea Trade Insurance Corporation (K-sure), an export credit agency, in connection with the financing of EnerjiSA’s 450MW power project and associated lignite mine project in Tufanbeyli, the Republic of Turkey. The total project cost is approximately €1.1B, €750M of which EnerjiSA obtained in debt financing. K-sure is providing political and commercial risk insurance cover for the export credit financiers, who have become a lender group in the portfolio financing implemented by EnerjiSA. Our work was honored as the Turkish Power Deal of the Year at the Annual PFI Awards and continues the firm’s record of high-profile project finance transactions in Asia, following our roles on the award-winning Mong Duong 2 project in Vietnam and on the cross-border acquisition of BG Group’s power assets in the Philippines by First Gen Corporation.

Awarded Asia-Pacific Power Deal of the Year by Project Finance for our work on the Mong Duong 2 coal-fired power project in Vietnam.

EIG Global Energy Partners keeps moving forward

During 2012 we deepened our longstanding relationship with EIG Global Energy Partners and helped our client secure several notable successes. We represented EIG in implementing the terms of a strategic settlement following an arbitration the company filed challenging the proposed acquisition of The TCW Group by investment funds operated by The Carlyle Group. In addition, our lawyers advised EIG on the formation and operation of certain investment vehicles, represented our client in the opening of its Hong Kong office, and continued to serve EIG as regulatory counsel in connection with its status as an SEC-registered investment advisor. We also represent EIG in various transactional, corporate, employee benefit, tax, and litigation matters.

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