Power

The team enjoys a stellar reputation for its established track record advising distribution and generation contracts, with remarkable strength in the regulatory sphere. Noted for frequent representation of leading companies in administrative disputes and consultations before regulators.Chambers Latin America 2017

Ulhôa Canto’s power practice is intertwined with the contemporary history of the industry in Brazil. We provided legal advice in the creation of the key institutions of the Brazilian power sector: The National Electric Energy Agency (“ANEEL”), the National Power Grid Operator (“ONS”), and the Wholesale Energy Market (“MAE”) – now replaced by the Electric Energy Trading Chamber (“CCEE”). We assisted in designing the regulatory framework of the Brazilian power sector and advised in the privatization of key companies of the industry, which continue to be clients until today. We also assisted in drafting the original templates of power purchase agreements, as well as wheeling and connection agreements used in the sector. We have provided more than 500 legal opinions on issues involving the legislation of the power sector.

We pride ourselves on being the premier one-stop shop for any matters related to the Brazilian power sector, especially for the most complex and sensitive issues our clients may face. We work across all segments of the power industry: generation (including distributed generation), distribution, transmission, trading, and consumers. Our clients include power generation, distribution, and transmission companies, as well as traders, free and special consumers, sponsors, investors, banks, and credit institutions or agencies.

Our work in the power sector includes the following services, among others:

  • Regulatory, corporate, environmental, contractual and tax advice on matters specific to the power sector;
  • Judicial and administrative litigation;
  • Arbitration;
  • Due diligence and transactional advice in mergers & acquisitions and corporate restructurings involving power sector companies;
  • Advice on tender processes and auctions promoted by ANEEL;
  • Drafting or revising and negotiating myriad power sector agreements, such as: power purchase agreements, and connection and wheeling agreements;
  • Drafting or revising and negotiating agreements for the implementation of projects in the power sector, including EPC and O&M agreements, among others;
  • Advice on tariff review and tariff revision proceedings;
  • Advice on structuring, implementing, and financing power generation (including distributed generation) and power transmission projects; and
  • Advice on the privatization of power sector companies.