Tag: Berkeley Energy Cameroon

Updates – Experience in Energy Law

Currently assisting in collaboration with Andrew Kurth Kenyon LLP (Beijing Office), China Three Gorges International and its Sister Company China International Water and Electronic Corp in a Hydropower Project (Grand Eweng) in Cameroon. We are currently carrying out the due diligence.

Our Firm is currently working in the Nachtigal hydropower project in collaboration with Herbert Smith Freehills Law Firm in Paris. The Nachtigal Project relates to the construction of 420 MW hydroelectric dam over the Sanaga River involving EDF International, IFC and the Government of Cameroon. As Local Counsel for the project, our Firm was particularly involved in the following tasks:

  • Opinion on legal and regulatory requirements notably guarantees and insurance in construction.
  • Opinion on the declaration of public utility and consents and authorizations required for the construction of a dam.
  • Opinion on the legal status of transmission lines (Equipments and structures).
  • Opinion on the possibility to use land and equipment relating to the concession as collateral.
  • Opinion on the granting of a concession without the Tender process.
  • Opinion on the laws regulating urbanization and construction.
  • Opinion on the establishment of passage ways around the concession area.
  • The preparation of all the corporate documents relating to the incorporation of the project company.
  • Review and analysis of the Shareholder’s Agreement

Our firm is currently assisting BERKELEY ENERGY CAMEROON who is currently developing four hydropower stations in the South-West Region of Cameroon which might generate a total off about 100 MW.

Currently assisting IED INVEST CAMEROUN, a Subsidiary of the French Company IED INVEST SAS in the development of a 1,4MW hydropower project in Mbakaou (Adamaoua Region).

Worked in collaboration with Skadden Arps Law Firm in Washington for and an behalf of First Solar in New Jersey in a Public Private Partnership (PPP) project in Cameroon relating to the production of 500MW of Solar Energy. Within the framework of this project, our Firm acted as Legal Counsel and was particularly involved in the following tasks:

a. Initial due diligence relating to the legal and regulatory framework for the transaction;
b. A review of the protocol agreement signed between the project developer and the Ministry of water and energy of Cameroon;
c. A review of the entire project to ascertain the most appropriate vehicle (private producer, PPP)
d. Review of the power production agreement (Contrat de Services)
e. Review of the terms and conditions relating to the power production agreement (Cahier de Charges);
f. Negotiations with various government ministries (Ministry of water and energy, Ministry of Economy, Ministry of Finance, Ministry of Lands, Ministry of Environment, etc…) and the Regulator relating to the issuance of relevant licenses and authorizations and environmental issues;
g. Discussions with Electricity Development Corporation (EDC), AES SONEL and the Regulator relating to connection to the grid.
– In the year 2010, our firm worked in collaboration with WHITE & CASE Paris for and on behalf of International Finance Corporation (IFC) and other lenders for the financing of a power project in Cameroon. Our firm as local counsel had to review the following documents:

a. Connection installation agreement;
b. Tolling agreement;
c. Assistance and services agreement;
d. Direct agreement;
e. Multiparty arbitration agreement;
f. Contrat de licence de vente d’électricité
g. Convention d’engagement between the Republic of Cameroon and the other stakeholders ;
h. Contrat de license de production indépendante d’électricité.

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