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MME Memorandum on Safety and Health Measures at Work
Brigard Urrutia, May 2020

As a complement to the Ministry of Health and Social Protection guide for the reduction of the risk of exposure to COVID-19 in the Energy and mining industry, the Ministry of Mines and Energy (“MME”) together with the Ministry of Labor and the Ministry of Health and Social Protection issued Joint Memorandum 01 of 2020 (the “Memorandum”)...

Definitive Suspension Against the Resolution to Guarantee the Efficiency, Quality, Continuity and Safety of the Electric National System
Basham, Ringe y Correa, S.C., May 2020

On May 25th, 2020, as per publicly available information, an administrative court in Mexico issued definitive suspensions against the resolution published on April 29th, 2020 by the National Center of Energy Control (“CENACE”) to guarantee the efficiency, quality, continuity and safety of the National Electric System, as part of the constitutional appeals filed by companies involved in renewable energy projects from wind and photovoltaic projects...

Mexico: SENER Releases a Policy on Reliability, Safety, Continuity and Quality for the National Electric System
Haynes and Boone, LLP, May 2020

On May 15, 2020, the Ministry of Energy (“SENER”) published a Policy on Reliability, Safety, Continuity, and Quality for the National Electric System (the “Policy”) in the evening edition of the Federal Registry (“DOF”). The purpose of the Policy is to promote the sustainable development of the power industry and guarantee its continuous, efficient, and safe operation for the benefit of users under the principle of Reliability...

FERC Publishes 2020 Summer Energy Market and Reliability Assessment
Haynes and Boone, LLP, May 2020

On May 21, 2020, the Federal Energy Regulatory Commission’s Offices of Energy Policy and Innovation and Electric Reliability jointly published and released their 2020 Summer Energy Market and Reliability Assessment. The report provides an overview of key market events and data for the nation’s ISOs/RTOs as well as a discussion on reliability in the various power regions for summer 2020. The report includes the following key items that are summarized below...

Hard Knock to the Legal Certainty in Guatemala - Electric Sector in Crisis
QIL+4 ABOGADOS, May 2020

Guatemala dawns today with the validity of a law, contained in the Decree 15-2020, extremely harmful for the country, the economy, the industry and legal certainty, and in violation of the Constitution. This law allows for the possibility of not paying certain basic services (water, cable, telephony, power [sic] (electric power) and internet) by the users, and imposes the obligation to public and private supplier companies not to suspend, under any circumstances, their provision...

Provisional Suspension Against the Resolution to Guarantee the Efficiency, Quality, Continuity and Safety of the Electric National System
Basham, Ringe y Correa, S.C., May 2020

On May 2020 the National Center of Energy Control (“CENACE”) instructed some of its operational offices throughout México the suspension of the measures included in its resolution dated April 29th, 2020 issued to guarantee the efficiency, reliability, quality, continuity and safety of the Electrical National System due to the pandemic disease COVID-19 (the “Resolution”)...

Romanian Energy Regulator vs. Romanian Gas Producers: Indirect Regulation of the Wholesale Prices for Romanian Gas
Nestor Nestor Diculescu Kingston Petersen, May 2020

Setting natural gas prices, directly or indirectly, is already a tradition in Romania and 2020 is not an exception to the rule...

FERC Approves CAISO Off-Peak Deliverability Status Proposal, But Without Crucial Self-Schedule Benefit
Buchalter, May 2020

This morning FERC issued an order approving in part and rejecting in part the CAISO’s tariff filing creating a new Off-Peak Deliverability Status (“OPDS”) for interconnection customers. The proposal was driven in part by the California Public Utilities Commission’s new methodology for calculating the qualifying capacity of solar and wind resources and the shift in peak demand to a period later in the day when less solar is available...

Shut-In and Cessation of Production: Current Considerations for Oil & Gas Producers
Haynes and Boone, LLP, May 2020

With the recent significant decline in commodity prices, and physical transportation and storage curtailments, due in large part to reduced demand related to the COVID-19 pandemic, producers are evaluating many of their producing oil and gas wells to determine whether some level of reduced production is appropriate...

Mexico: CENACE Publishes an Order to Suspend Pre-Commissioning Tests of Wind and Solar Power Plants
Haynes and Boone, LLP, May 2020

Within the context of the COVID-19 pandemic, the National Center for Energy Control (“CENACE”) notified users of the Market Information System of its “Order to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System, motivated by the recognition of the epidemic of the illness caused by the SARS-CoV2 virus (COVID-19),” (the “Order”), via the Public Area of the Market Information System of its official web

Is the Future of the European Green Deal Threatened by the COVID-19 Pandemic? Focus on the National Energy Sector
Nestor Nestor Diculescu Kingston Petersen, May 2020

In their attempt to reduce the spread of the new coronavirus pandemic of COVID-19 caused by the SARS-CoV-2 virus, governments throughout the European Union have imposed unparalleled measures with a strong impact on travel and economic activity. As the rate of new coronavirus infections started dropping across the European Union, governments and EU officials are looking for lockdown exit strategies and methods for boosting the currently stagnant economy...

Peruvian Government Delays Prior Merger Control Regime
Rodrigo, Elias & Medrano Abogados, May 2020

  On May 11, 2020, the Peruvian Government enacted Legislative Decree No. 1510 (“Legislative Decree”) which delays the entry into force of the new prior merger control regime approved by Urgent Decree Nº 013-2019 (“Urgent Decree”) until March 1, 2021 and the approval of the Urgent Decree’s regulations, originally expected by May, 2020, until November, 2020...

National Hydrocarbons Commission Extension of the Suspension for Terms and Proceedings
Basham, Ringe y Correa, S.C., May 2020

On May 06, 2020 the National Hydrocarbons Commission (“CNH) published in the Federal Official Gazette an administrative resolution declaring the extension of the suspension of all terms and proceedings before such authority until May 31, 2020. The above determination was made considering the sanitary emergency that Mexico and the world is facing in connection with the disease known as coronavirus or COVID-19...

Resolution to Guarantee the Efficiency, Quality, Continuity and Safety of the Electric National System
Basham, Ringe y Correa, S.C., May 2020

On April 29, 2020, the National Center of Energy Control (“CENACE”) released an administrative resolution (the “Resolution”) to guarantee the efficiency, reliability, quality, continuity and safety of the Electric National System due to the pandemic disease COVID-19...

Bulk-Power System Executive Order: Implications for Current Projects, Future Projects, and NERC Compliance
Haynes and Boone, LLP, May 2020

On May 1, 2020, President Donald Trump issued an Executive Order declaring a national emergency with respect to threats to the U.S. bulk-power system posed by the unrestricted supply of bulk power equipment by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, presumably including China, a source for many of the components impacted by the Executive Order...

California Public Utilities Commission Adopts New Standard Offer Contract for Qualifying Facilities
Buchalter, May 2020

At its Voting Meeting today the Commission adopted a new standard offer contract available to any Qualifying Facility (QF) of 20 megawatts or less seeking to sell electricity to a Commission-jurisdictional utility pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA). Under PURPA, Commission-jurisdictional utilities must provide QFs the option of executing any existing PURPA contract for which they qualify...

Addendum No. 11 of the PPAA
Brigard Urrutia, May 2020

Despite the fact that the fall in oil prices and the health crisis caused by COVID-19 have severely hit the hydrocarbon industry worldwide, the National Hydrocarbon Agency ("ANH") published on April 28, 2020 the Addendum No 11 through which it modified the schedule of the Permanent Area Allocation Process (“PPAA”), thus ratifying the interest of the National Government in this industry...

Mining Secretariat Resolution No. 15/2020 – Authorization of Remote Filings, of the Electronic Document Management System Regarding the Tax Breaks Provided by the Mining Investment Law on the Import of Equipment and Supplies for Mining
Beccar Varela, May 2020

The purpose of Resolution No. 15/2020 is to implement the remote filing related to the tax break provided by the Mining Investment Law No. 24.196 (“LIM”) regarding the import of equipment and supplies for mining. It is necessary to bear in mind that Resolutions No...

Green Energy in the Coronavirus Age
Kocian Solc Balastik, April 2020

It might seem that in the time of the "coronavirus", everything revolves around veils, disinfection or restriction of operation of various production facilities, and energy is talked about only in connection with the need to keep the elements of critical energy infrastructure running...

Montana District Court Decision Invalidates Army Corps Nationwide Permit 12 Impacting Thousands of Ongoing and Planned Utility Projects Throughout the Country
Hanson Bridgett LLP, April 2020

Key Points A federal district judge has invalidated the Army Corps of Engineers Nationwide Permit 12 for failure to comply with the Endangered Species Act, in response to a case filed against the notorious Keystone XL pipeline. As a result of the decision, the Army Corps has halted new and pending approvals under the permit, which is required for construction projects that will discharge dredged or fill material into waters of the United States...

The Power to Press Pause: Remedies Available to Secured Energy Lenders that do not Require Direct Ownership of Oil and Gas Properties
Haynes and Boone, LLP, April 2020

Amidst price wars, a global pandemic, and the diminished demand for oil, E&P borrowers and secured lenders face inevitable credit agreement defaults ahead (if not already). Although real property foreclosure of oil and gas assets is often seen as a secured lender’s primary remedy, negative oil prices, operational challenges and the potential for liability may leave some banks contemplating whether a real property foreclosure is the best course of action...

COVID-19 Negative Oil Prices and Force Majeure
Haynes and Boone, LLP, April 2020

The negative pricing for West Texas Intermediate oil (“WTI”) on Monday has raised alarm bells for many of our clients in the exploration and production and midstream industries. This article will clarify the issues for these companies and explain the forces at work that have created this situation. The root cause of the current dilemma arises from the dramatic drop in demand starting with the onset of the COVID-19 virus on the United States...

Industry-Specific Considerations for Energy Companies Contemplating PPP Loans
Dykema, April 2020

With an additional $310 billion in funding for the Paycheck Protection Program (PPP) signed into law, energy companies should consider applying for PPP loans in order to maintain daily operations during the COVID-19 crisis. Generally speaking, companies may receive a maximum loan amount of the lesser of two-and-a-half times their average monthly payroll costs, or $10 million...

Update on Online Actions and Procedures in Mining Matters due to the COVID-19 Pandemic
Carey, April 2020

In addition to those actions taken that benefit all industries, especially regarding labor and tax matters, the mining industry has been subject to some specific permits and proceedings. Collective Safe-Passage Permits...

ANM Published a Resolution Regarding Mineral Resources and Reserves
Brigard Urrutia, April 2020

The National Mining Agency ("ANM") published, in recent days and after receiving comments from the public, the Resolution 100 of March 17, 2020 (the "Resolution"), which sets forth the conditions and periodicity for the submission of information on mineral resources and reserves in respect to a concession area...



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