As part of our involvement with pioneering initiatives, we have been involved in advising on the procurement of independent power producers to produce and supply energy to the national grid. This includes the mix between renewable and non-renewable energy. The projects entailed procuring and negotiating with the independent power producers for the design, construction, operation and sale of energy from their power station to Eskom. To date we have been involved in providing legal services in, among others, the following IPP projects:
Avon Peaking IPP
Advising Department of Energy (“DoE”) and National Treasury on the negotiations for the Power Purchase Agreement between Eskom and the IPP, Implementation Agreement between the DoE and the IPP, and other related transaction agreements including the Finance Direct Agreements and Government Support arrangements etc Advising on structuring the Economic Development objectives for the project and structuring the procurement and contractual commitments relating to Economic Development objectives.
November 2007 – Financial and Commercial Close August 2013 / Avon, KwaZulu-Natal Province
Coega Peaking Power IPP
Advising Department of Energy (“DoE”) and National Treasury on the negotiations for the Power Purchase Agreement between Eskom and the IPP, Implementation Agreement between the DoE and the IPP, and other related transaction agreements including the Finance Direct Agreements and Government Support arrangements etc Advising on structuring the Economic Development objectives for the project and structuring the procurement and contractual commitments relating to Economic Development objectives.
November 2007 – Commercial and Financial Close August 2013 / Johannesburg, Gauteng Province
Renewable Energy IPP Programme
Advising the DoE and National Treasury on matters relating to the structuring, regulatory, procurement, drafting and conclusion of the transaction agreements relating to the IPP renewable energy through various bid windows (“BW”); and Advising on structuring the Economic Development objectives for the project and structuring the procurement and contractual commitments relating to Economic Development objectives.
December 2009 – BW 1 – Commercial and Financial Close (28 Projects) – November 2012 / BW 2 Commercial and Financial Close (18 Projects) – May 2013 / BW 3 – Preferred Bidder Evaluation – September 2013, scheduled for Financial Close of all the BW 3 Projects in 2014 / BW 3.5 – Preferred Bidder Evaluation stage – Financial Close of all the BW 3.5 Projects in 2014 / BW 1 – Northern Cape, Eastern Cape, Western Cape, Free State, North-West, and Limpopo Provinces / BW 2 – Northern Cape, Eastern Cape, Western Cape and Free State Provinces / W 3 – Northern Cape, Eastern Cape, Western Cape, Limpopo, Free State, KwaZulu-Natal, and Gauteng Provinces Subject to decision on Preferred Bidders