Energy & Utilities
In this practice group, we serve industry sectors such as the electricity, water and public works. We are dedicated to keeping abreast with the current legislative and regulatory framework as well as the core legal issues related to each industry. Being aware of the growing momentum for industry restructuring and privatisation allows us to provide relevant and effective advice.
Our areas of involvement include:
- Energy purchasing
- Purchasing and divestiture of businesses and other assets
- Licensing and tariff collection
- Federal, state and local government powers and functions
- Industry rationalisation and restructuring
- Drafting laws and regulations pertaining to the industry
- Projects Documents negotiations
- EPC Contracts
- Operation and maintenance contracts
- Financing of energy and utilities assets
RANKING
- Legal 500 Asia Pacific 2018 – Tier 3 for Projects and Energy
- Chambers Asia Pacific 2018 – Band 3 for Projects, Infrastructure & Energy
- Asialaw 2018 – Recommended for Energy & Natural Resources
SELECTED EXPERIENCE
We have been involved in the following transactions:
Energy (Electricity)
- Advised Sarawak Energy Berhad in the acquisition of Sarawak Hidro Sdn. Bhd. who owns the 2,400MW Bakun Hydroelectricity Dam;
- Advised a listed company in the Power Purchase Agreement and an EPC Contract for a 190MW combined cycle power plant project (IPP) in Sepangar Bay, Sabah;
- Advised Syarikat Sesco Berhad in its power purchase agreement with Sarawak Hidro Sdn Bhd for the purchase of electrical energy from the Bakun Hydroelectric Project;
- Advised a TNB subsidiary on the Power Purchase Agreement (PPA) for the 1000MW Project 3A Janamanjung Plant;
- Advised 1MDB in the Supplemental PPA for the extension of Genting Sanyen Plant;
- Advised and acted for lenders in project due diligence review for refinancing of a 100MW combined cycle power plant project (IPP) in Sepangar Bay, Sabah;
- Acted for a Malaysian company on its acquisition of two (2) IPPs in Sulawesi and Sumatera, Indonesia;
- Acted for a listed company in its negotiation in the Republic of India for a PPA involving a 550MW power plant;
- Involved in TNB’s exercise in reviewing existing PPA terms for new independent power producers;
- Reviewed PPAs and the supplementals between Sabah Electricity Sdn Bhd and independent power producers;
- Acted for TNB in its acquisition of coal mining rights in Indonesia;
- Advised TNB’s subsidiary in the drafting and negotiating of a Pit to Port Agreement for mining and haulage of coal in Indonesia;
- Acted for TNB in its acquisition of shares in an Independent Power Producer Companies;
- Advised TNB in its proposed divestment of its power plants;
- Conducted due diligence on a power plant in Pakistan for the purposes of a corporate restructuring exercise; and
- Advised a Malaysian investor for a coal-mouth power plant project in Indonesia.
Renewable Energy
- Advised TNB on its renewable energy purchase agreement;
- Advised and acted for a subsidiary of Universiti Teknologi Mara in its negotiation and execution of PPA and other related project documents for a 50MW Large Scale Solar Photovoltaic Plant; and
- Advised a foreign fund in its investment in a solar power venture of 30MW.
- Drafted the Constitutional (Amendment 2005) pertaining to the jurisdiction of legislative powers on water services between the Federal Government and the State Government;
- Formulated and drafted the Water Services Industry Act 2006 (“WSIA”) and the Suruhanjaya Perkhidmatan Air Negara Act 2006;
- Advised a state entity for a proposed restructuring of the state’s water treatment and supply services in Selangor and Federal Territories of KL & Putrajaya;
- Advised a state entity of bulk water transfer between the state of Pahang and Selangor;
- Advised National Water Services Commission on the drafting of various water services regulations.
- Advised a Petronas subsidiary on its Operation and Maintenance Agreement of a water treatment plants; and
- Advised a private company in the design and build contract of water treatment projects in Terengganu.
Water
- Drafted the Constitutional (Amendment 2005) pertaining to the jurisdiction of legislative powers on water services between the Federal Government and the State Government;
- Formulated and drafted the Water Services Industry Act 2006 (“WSIA”) and the Suruhanjaya Perkhidmatan Air Negara Act 2006;
- Advised a state entity for a proposed restructuring of the state’s water treatment and supply services in Selangor and Federal Territories of KL & Putrajaya;
- Advised a state entity of bulk water transfer between the state of Pahang and Selangor;
- Advised National Water Services Commission on the drafting of various water services regulations.
- Advised a Petronas subsidiary on its Operation and Maintenance Agreement of a water treatment plants; and
- Advised a private company in the design and build contract of water treatment projects in Terengganu
- Advised National Water Services Commission on the drafting of various water services regulations.
- Advised a Petronas subsidiary on its Operation and Maintenance Agreement of a water treatment plants; and
- Advised a private company in the design and build contract of water treatment projects in Terengganu.
QUOTES
“Well-reputed projects team, particularly known for its strength in project finance and acquisitions. Strong on oil and gas projects, including offshore energy, as well as possessing in-depth expertise in water and electricity issues. Has additional experience of infrastructure projects such as airports and bridges, especially in relation to construction contracts and concession agreements.” – Chambers Asia Pacific 2018: Projects, Infrastructure & Energy – Band 3
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