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Updates on Force Majeure Provisions Under the Power Purchase Agreements
Makarim & Taira S., August 2018

  Earlier this year, the Minister of Energy and Mineral Resources (the “MEMR”) issued Regulation Number 10 of 2018 on The Second Amendment to Minister of Energy and Mineral Resources Regulation Number 10 of 2017 on the Principles of Power Purchase Agreements (“MEMR Reg 10/2018”) which came into effect on 13 February 2018...

Mining Commission calls for mining licence holders to submit local content compliance plan
ENSafrica, July 2018

The Mining Commission issued a public notice on 17 July 2018, calling for mining licence holders to submit their local content plans to the Mining Commission. The call is in line with the requirements of the Mining (Local Content) Regulations, 2018 (the “Regulations”)...

New Requirements for the Connection of Power-Generating Facilities are Underway
Plesner, July 2018

In recent years the European Commission has issued numerous regulations setting out various network codes and requirements aimed at improving the security of energy supply within the EU. As Denmark is a member of the EU these regulations are directly applicable in Denmark...

Restriction on the granting of South African oil and gas rights
ENSafrica, July 2018

The South African Minister of Mineral Resources, Gwede Mantashe, published a notice in the government gazette on 28 June 2018 stating that there will be a restriction, in terms of section 49(1) of the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”), on the granting of applications for technical co-operation permits, exploration rights and production rights in terms of section 76, 79, and 83 of the MPRDA, from the date of publication of the notice (28 June 2018) until

The Draft 2018 Mining Charter
ENSafrica, June 2018

On 15 June 2018, exactly one year to the day after the publication of the previous draft, the new South African Minister of Mineral Resources, Gwede Mantashe (the “minister”), published for public comment the Draft Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2018 (the “Draft 2018 Mining Charter”)...

Striving Towards the Black Gold
Karanovic & Nikolic, June 2018

The first upscale exploration of oil and gas in Montenegro started in 1914, when King Nikola Petrovic approved the National Assembly's decision for oil exploration around Lake Skadar. The first well in the area of Crmnica dates back to 1922 - although it produced nothing of significance. In later researches of the Montenegrin offshore, the existence of geological structures with the potential for hiding hydrocarbon deposits was confirmed...

Montenegro To Publish A Tender For A 200 MW Solar Power Plant
Karanovic & Nikolic, June 2018

The Montenegrin Government plans to publish a tender for the lease of state land for the purpose of constructing a solar power plant in the municipality of Ulcinj. According to the announcement, the tender envisages a total of 6,621,121 square meters of land for the planning, construction, exploitation, and maintenance of a solar power plant at Briska gora, in the very south of Montenegro...

Comply or Face the Consequences! Contractual Compliance Required to Vary a Contract.
Haynes and Boone, LLP, May 2018

As Lord Sumption’s leading judgment of the Supreme Court inRock Advertising Limited v MWB Business Exchange Centres Limited[2018] UKSC 24 states, it is rare that modern litigation raises truly fundamental issues in the law of contract. This case, however, raisedtwosuch issues, although as a result of the Court’s decision on the first issue, it was not necessary to decide the “difficult” second issue...

Guidelines for Comprehensive Management of Waste Requiring Special Management in the Hydrocarbons Sector
Haynes and Boone, LLP, May 2018

The Administrative provisions that set forth the guidelines for comprehensive management of waste requiring special management in the hydrocarbons sector (the “Guidelines”) were published in Mexico’s Federal Official Gazette on May 2, 2018 and became effective the following day...

Mexico: Farmout Bidding Round 2018
Haynes and Boone, LLP, May 2018

The National Hydrocarbons Commission (“CNH”) announced on April 26, 2018, the so-called “farmout” bid process CNH-A-C6-7 Asociaciones/2018. This new bid round comprises seven onshore conventional blocks for exploration and production that are located in the states of Veracruz, Tabasco and Chiapas, covering collectively 4,580.8 km2. CNH estimates these blocks have conventional prospective resources of approximately 405.1 million barrels of crude oil equivalent...

Brexit and Continued Participation in the EU's Internal Energy Market
Shepherd and Wedderburn LLP, May 2018

Earlier this year, Prime Minister Theresa May said the government wanted to, “secure broad energy cooperation with the EU”, including by, “exploring options for the UK’s continued participation in the EU’s internal energy market”...

EPA Streamlining of NSR Review
Dinsmore & Shohl LLP, April 2018

EPA Administrator Pruitt recently issued another policy to help streamline the New Source Review (NSR) Program. After receiving comments from many industry sources that the NSR Program should be reformed given its heavy time and cost burden, the Trump EPA has made reforming the NSR Program a priority...

The Mexican Senate Approves TPP Trade Treaty Signed by 11 Countries
Haynes and Boone, LLP, April 2018

Earlier this year, Mexico´s Senate approved the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) formerly known as the Trans-Pacific Partnership ("TPP"). The CPTPP will enter into force once six of its members ratify the Treaty pursuant to their internal legal procedures. Mexico is the first member to ratify the Treaty...

Transfers of Norwegian Petroleum Licences: Is Government Approval Regime Tightening?
Simonsen Vogt Wiig AS, April 2018

An increased number of corporate transactions and mergers have been observed in the oil and gas sector on the Norwegian Continental Shelf (NCS) in recent years. Several oil majors and traditional utilities and downstream companies have reduced their presence and, to some extent, been replaced by smaller companies, including start-ups backed by private equity...

South African High Court Rules That B-BBEE Mining Deals Do Not Need To Be Topped Up
ENSafrica, April 2018

Earlier this year, a full bench of the High Court of South Africa made a ground breaking ruling on the recognition of the continuing consequences of previous broad-based black economic empowerment (“B-BBEE”) ownership transactions in the mining industry...

Sustainability Reporting
TSMP Law Corporation, April 2018

Population growth has become the be-all and end-all for economic prosperity, but how on Earth can we cope with the extra billions of people? While “leafing” – or should I instead say “scrolling” in today’s need to sound tech savvy – through the news websites, the two subjects seemed to have captured the media’s attention: immigration and plastic...

CENACE Announces Call to Bid for the Fourth Long-Term Power Auction in Mexico
Haynes and Boone, LLP, March 2018

On March 15, 2018, the National Center for Energy Control (“CENACE”) announced the fourth long-term auction for the purchase and sale of power, capacity, and clean energy certificates. The term of the contracts for power and capacity will be 15 years while the term for clean energy certificate contracts will be 20 years. The standard commercial operation date of the power generation projects awarded under the auction is scheduled for January 1, 2021...

Plans for New US$1.7 Billion Power Transmission Line in Mexico
Haynes and Boone, LLP, February 2018

On February 13, 2018, Mexico’s Federal Electricity Commission (“CFE”) announced the bidding process for its Ixtepec Potencia – Yautepec Potencia Transmission Line in Oaxaca (“Project”). The transmission lines will cross the following states: State of Mexico, Morelos, Puebla, Oaxaca, Mexico City and Veracruz. The estimated investment is US$1.7 billion and it will have a transmission capacity of 3,000 MW at a voltage level of 500 kV...

Law that Introduces Modifications to the Regulatory Framework that Rules Water on Inspection and Sanctions Matters
Carey, February 2018

Earlier this year, and five years after being presented before the National Congress, Law 21,064 that “Introduces modifications to the regulatory framework that rules water on inspection and sanctions matters”, was enacted and published in the Official Gazette (Bulletin 8149-09) (the Law). The main modifications introduced by the Law to the current regulatory framework are the following: 1...

Mexico: Guidelines for Interconnection of Power Plants and Connection of Load Centers
Haynes and Boone, LLP, February 2018

On February 9, 2018, the Ministry of Energy (“SENER”) published in the Official Federal Gazette the “Guidelines for Interconnection of Power Plants and Connection of Load Centers” (Manual para la Interconexión de Centrales Eléctricas y Conexión de Centros de Carga)...

Mexico: Bid Round 2.4 Results
Haynes and Boone, LLP, February 2018

On January 31, 2018 the National Hydrocarbons Commission (“CNH”) conducted the long-awaited event for submission and opening of bids for the Deep Water “Round 2.4” E&P license contracts. The bid round comprised 29 offshore deep waters blocks and the overall result was very successful for Mexico...

Mexico: Round Three – Second Public Bid
Haynes and Boone, LLP, January 2018

The National Hydrocarbons Commission (CNH) published the call for the second bid of Round 3 on January 25, 2018. This new bid round (Round 3...

A Comparison of Non-Operator’s Rights Under the Joint Operating Agreement 1982 and 1989 Model Forms
Haynes and Boone, LLP, January 2018

Companies looking to purchase non-operating working interests will review longstanding operating agreements, or negotiate the terms of new operating agreements, to ensure that appropriate non-operator rights are present and enforceable...

Reality Check – Political and Economic Realities Hamper Efforts to Reopen U.S. Waters to Offshore Drilling
Haynes and Boone, LLP, January 2018

On January 4, 2018, the U.S. Department of the Interior ("Department") announced its draft proposal of the 2019-2024 Outer Continental Shelf ("OCS") Oil and Gas Leasing Program that would reopen nearly all federal waters to offshore leasing for new oil and gas operations...

Mexico’s Ministry of Energy Issues New Guidelines for the Wholesale Power Market in Mexico
Haynes and Boone, LLP, January 2018

In January 2018, Mexico’s Ministry of Energy (“SENER”) published several Guidelines as part of the applicable rules for the Wholesale Power Market (“WEM”) in the Federal Gazette. This Haynes and Boone alert is important to all participants of the WEM, including qualified users, suppliers, marketers, non-suppliers and generators. 1...

Serbian Commission Fines Another Bid Rigging Cartel
Karanovic & Nikolic, January 2018

The Serbian Competition Commission (the "Commission") recently fined four undertakings for bid rigging in the public procurement for the maintenance of train wagons. The contracting authority, the "Nikola Tesla" power plant, which represents the largest electricity-producing complex in Serbia, informed the Commission about possible collusion in public procurement for repair services for the train wagons it uses in coal transportation...

Renewable Energy Updates - Japan
Atsumi & Sakai, December 2017

As of late this year [1], the Agency of Natural Resources and Energy announced that it has issued deadlines for the submission of renewable energy application documents, etc. based on the FIT Act in FY 2017. Upon submission of these applications, etc. they will be reviewed by the Ministry of Economy, Trade and Industry (METI), however, every year, the review process tends to be stalled because of the large number of applications submitted at the end of the ?scal year...

Fuels Storage Public Policy
Haynes and Boone, LLP, December 2017

Mexico maintains a minimum strategic storage inventory of crude oil and refined oil products, such as gasoline, diesel, and jet fuel, to guarantee market supply for a determined period of time. Under Article 80 Section II of the Hydrocarbons Law, the Ministry of Energy (“SENER”) has the authority to issue public policies to determine the required strategic storage volumes...

Mexico: SENER Announces Major Baja Transmission Line Bidding Process
Haynes and Boone, LLP, December 2017

On December 7, 2017, the Ministry of Energy (“SENER”) announced the first bidding process for the financing, installation, maintenance, management, and operation of the Baja California Electric System interconnection with the National Grid (“National Grid”). This is the first power transmission project allowing private participation in power transmission lines in Mexico. The estimated investment will be US$1.1 billion...

Updates and Highlights in the Mexican Energy Sector, November 2017
Haynes and Boone, LLP, December 2017

As part of the implementation of the Mexican energy reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during November 2017. These are of particular importance to oil and gas producers, midstream companies and power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons November 8, 2017...

Romanian Government Approves Draft Law on Mining Activities
Nestor Nestor Diculescu Kingston Petersen, November 2017

The Romanian Government has recently approved a draft law on mining activities that is intended to replace the existing law. In order to be enacted, the draft law needs to pass the Parliament test, which means that it will not come into force this year. In addition, the draft can suffer many changes in the parliamentary proceeding...

The Supreme Court of Appeals of West Virginia Rules the WVSCMRA Does Not Abrogate Common Law Waivers of Subjacent Support
Dinsmore & Shohl LLP, November 2017

In a significant victory for Dinsmore’s attorneys and their clients, the Supreme Court of Appeals of West Virginia upheld the continuing viability of subjacent support waivers in coal severance deeds in West Virginia. A copy of the decision, released Nov. 16, 2017, is available here. These were consolidated appeals that required the Court to interpret various provisions of the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA)...

Mexico: Outage Scheduling Guidelines
Haynes and Boone, LLP, November 2017

On November 13, 2017, the Ministry of Energy (“SENER”) published the Outage Scheduling Guidelines (Manual de Programación de Salidas) (“Guidelines”), establishing the principles of calculation, instructions, rules and procedures that Market Participants, Transporters and Distributors shall observe to schedule their outages and obtain the corresponding authorizations from CENACE; as well as the criteria that CENACE must follow to schedule mid-term outages an

E&P Companies and the OCC’s Leverage Test – October 2017 Update
Haynes and Boone, LLP, November 2017

In August 2016, we reviewed publicly available data for a group of 58 E&P companies and predicted how they would fare under the leverage test that had, at the time, recently been introduced by the OCC.Based on that review, we predicted that, in 2016, over 91 percent of the companies reviewed would be non-passing credits under the OCC’s leverage test. The average leverage ratio of the E&P companies reviewed in 2016 was 6.0x...

Updates and Highlights in the Mexican Energy Sector, September-October 2017
Haynes and Boone, LLP, November 2017

During the months of September and October 2017, new regulations and administrative guidelines in the Mexican energy sector were issued. These are of particular importance to oil and gas producers, midstream companies, power generators, traders, developers and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons September 5, 2017. NOM-167-SEMARNAT-2017...

Design Risk: What Have You Agreed?
Haynes and Boone, LLP, October 2017

Contractual negotiations for ships and offshore units commonly involve commercial, legal, and technical teams negotiating different parts of the contract. It is however crucial that before the contract is signed, it is read as a whole to ensure consistency in a party’s obligations throughout the contract. The English Supreme Court’s judgment in MT Højgaard A/S v. E...

Norwegian Continental Shelf - A New Dawn for EPC Alliance Contracts?
Simonsen Vogt Wiig AS, October 2017

Following the collapse of oil prices – from their peak of an average of $112 per barrel to their lowest point of $28 per barrel - a significant number of developments became commercially unviable. During the lowest period, oil prices were substantially lower than the breakeven price of most new developments...

Nobilis-Maximino - Fifth Pemex Farmout Public Bid
Haynes and Boone, LLP, October 2017

On September 18, 2017, the National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos) (“CNH”) called an international public bid for the selection of a partner for Pemex Exploración y Producción (“Pemex”) to pursue exploration and production activities in the Nobilis-Maximino field, located in deep waters in the Perdido Belt in the Gulf of Mexico...

Mexico: Round Three – First Public Bid
Haynes and Boone, LLP, October 2017

The Mexican government announced on September 28, 2017 the first bid of Round 3. This will be the sixteenth upstream bid round in Mexico since the enactment of the energy reform in mid-2014. The new bid round (named Round 3...

Tenth Circuit Dismisses Litigation Over Federal Hydraulic Fracturing Rule
Haynes and Boone, LLP, October 2017

Earlier this year, the Tenth Circuit dismissed two appeals in connection with the Bureau of Land Management’s (“BLM”) Final Rule implementing its regulations imposing new standards and obligations on hydraulic fracturing on federal and Indian lands (“Fracking Rule”). The appeals had been filed challenging the district court’s prior ruling that struck down the rule in the face of industry, state, and tribal challenges...

Power to the People – Opening the Gates to Shareholder Activism
TSMP Law Corporation, October 2017

Noble Group continues to draw fire from Iceberg Research more than two years after the short-selling firm first accused the listed commodities trader of questionable accounting practices. In August this year, Iceberg renewed its criticism of the group, but expanded its crosshairs to include Singapore's regulators...

Summary of Updates and Highlights in the Mexican Energy Sector, July-August 2017
Haynes and Boone, LLP, September 2017

As part of the implementation of the Mexican energy reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during July-August 2017. These are of particular importance to oil and gas producers, midstream companies and power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector...

BIVA – The New Mexican Stock Exchange
Haynes and Boone, LLP, September 2017

On August 29, 2017, the Mexican Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) grantedCentral de Corretajes(“CENCOR”) a new concession to operate a new stock exchange in Mexico. This new stock exchange will be calledBolsa Institucional de Valores(“BIVA”). It is anticipated that BIVA will initiate operations in early 2018...

Court of Appeals Judgment could have Fundamental Impact on Europe's Bedrock Gas Supplier
Simonsen Vogt Wiig AS, September 2017

Earlier this year the Borgarting Court of Appeal rendered its judgment in Gassled, a case of major importance for the upstream Norwegian Continental Shelf (NCS) industry, natural gas buyers in Europe; and the Norwegian government, as resource owner and NCS regulator. If the judgment becomes final and binding, it will benefit the European gas supply. However, it may be a rude awakening for institutional investors in NCS infrastructure...

Mexican Ministry of the Environment Publishes Guidelines for Protection and Conservation of Waters in Unconventional Blocks
Haynes and Boone, LLP, September 2017

The Ministry of Energy has announced that before the end of the Peña Nieto Administration on December, 2018, the National Hydrocarbons Commission (CNH) will call the fifth bid of Round 2 (commonly known as Bid 2.5) for the award of exploration and production contracts for onshore blocks, which will include unconventional or shale blocks...

Mexico: Round Two – Fourth Public Bid
Haynes and Boone, LLP, July 2017

The Mexican government announced, on July 19, 2017, the fourth bid of Round Two. This will be the 14th upstream bid round in Mexico since passage of the energy reform in mid-2014. The new bid round (named Round 2.4) comprises 30 offshore blocks for exploration in the Perdido Belt, the Salina Basin, the Mexican Ranges (Cordilleras Mexicanas), and the Yucatán Platform in the Gulf of Mexico, covering collectively 70,844 km2, with prospective resources of approximately 4...

The Third Energy Package - What The Macedonian Electricity Market Needs?
Karanovic & Nikolic, July 2017

Two and a half years after the expiry of the deadline for the implementation of the Third Energy Package, the Macedonian authorities seem eager to finalise this process in the near future. The new draft legislation has been in the pipeline for quite some time, but until now its adoption was postponed due to different reasons...

Upcoming Mexico Anti-Corruption Law: What Does it Mean for Companies Doing Business in Mexico?
Haynes and Boone, LLP, July 2017

Two years ago, Mexico began a process to completely change the legal framework regulating anti-corruption in the country. On May 27, 2015, a Constitutional amendment was published in the Official Gazette of the Federation to create the new framework against corruption...

Tanzania Overhauls Legal and Regulatory Regime for the Extractive Industry
ENSafrica, July 2017

Tanzania has enacted three pieces of legislation that introduce sweeping changes to the legal and regulatory regime governing the natural resources extractive industry...

Updates and Highlights in the Mexican Energy Sector, May-June 2017
Haynes and Boone, LLP, July 2017

As part of the implementation of the Mexican energy reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during May and June 2017. These are of particular importance to oil and gas producers, midstream companies, power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons May 2, 2017...

 

 

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