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Power

“O’Farrell’s energy team is comprised of experienced and updated professionals who are proactive in recommending solutions based on changes and developments in regulation and the market.”

Chambers & Partners 2024

Practice

Our Power practice has been acknowledged, for many years now, in a leading position in the Argentine and regional market in all matters regarding the generation, transmission, commercialization and distribution of electricity.

The vast experience of our team has allowed us to provide advice to our clients on all aspects related to the process for generation, transmission and distribution of electricity, including conflict resolution (administrative, judicial and international arbitration proceedings) and the negotiation of engineering, procurement and construction contracts. Likewise, we have actively participated in privatization processes by reviewing bidding processes and corporate merger transactions and subsequently assisting our clients in several transactions, the incorporation of shareholders, mergers, acquisitions, spin-offs and joint ventures.

We are at the center of a power-related transitional period that will lead us to mass electrification and mass incorporation of energy sources from sustainable renewable resources. Our law firm serves as Secretary for the Argentine Chamber of Renewable Energies (Cámara Argentina de Energías Renovables), and participates in the Power Committees of the Instituto Argentino de Energía General Mosconi,  the American Bar Association and the International Bar Association.

For many years now, O’Farrell has served as Secretary for the Executive Committee of the Argentine Electric Power Transmitters’ Association (Asociación de Transportistas de Energía Eléctrica de la República Argentina, ATEERA) and is in charge of coordinating the activities at the Legal Committee of such entity.

Services

  • Providing assistance in bidding processes for the award of new forward agreements for power supply or PPA related to conventional and renewable sources of power and associated contingencies
  • Advising on the execution and performance of PPAs and associated contingencies
  • Assisting in the acquisition and installation of turbines and associated equipment under Engineering, Procurement and Construction Agreements, and Operation and Maintenance Agreements, and providing assistance in connection with associated conflicts
  • Providing advice on power expansion projects, in the generation, transmission and distribution segments (FONINVEMEN, PPP, Project Finance, equity)
  • Cooperating with the creation of remuneration schemes for generating plants via power spot prices
  • Assisting clients in conflicts with players in different sectors, including equipment suppliers, and the National, Provincial and Municipal governments, in administrative, judicial and arbitration proceedings, at a domestic or international level
  • Providing advice on antitrust matters associated with the electricity market
  • Advising on the interpretation of the Electricity Regulatory Framework, at a national, provincial and municipal level
  • Representing businesses in terms of their relationships with CAMMESA and the ENRE
  • Assisting clients in proceedings instituted for recognition and admission as agent to the Wholesale Electricity Market (MEM)
  • Reviewing applicable rules and procedures under the System for Deregistration as Agent from the Wholesale Electricity Market
  • Preparing opinions and reports on the regime applicable to power marketers, requirements and procedure governing admission as participant in the MEM
  • Drafting and reviewing electricity commercialization agreements
  • Preparing answers to charges and appeals against resolutions issued by the ENRE and the Secretariat of Energy
  • Advising clients on concession agreements for transmission and distribution of electricity and procedures for tariff assessment and revision and related implications
  • Drafting and reviewing agreements for connection, Transmission Technical Function and Additional Services
  • Preparing construction, operation and maintenance agreements for system expansions
  • Assisting clients in matters related to Independent Power Transmission Utilities
  • Reviewing administrative easements, carrying out negotiations and formalities for their creation and related implications
  • Providing advice on matters associated with the System for Service Quality and Sanctions and Regulations governing Power Supply
  • Reviewing taxes, rates and fiscal aspects involving distribution utilities
  • M&A and corporate.