What We Do
Practice Area
Energy and Natural Resources
"The lawyers give you a high level of comfort thanks to their knowledge of the sector and ability to handle complex issues."
Chambers Europe 2011
Our energy and natural resources lawyers are recognised as leaders in their field. We have advised on all major transactions in the energy sector in recent years. We understand the technical and commercial issues in this regulated and complex sector and demonstrate strong knowledge and extensive experience of emerging and transition markets. We have played a leading role in the market design and regulatory reform involved in the establishment of the Single Electricity Market for the Island of Ireland.
Our energy sector specialists have extensive experience in oil and gas field development, electricity generation and supply projects, electricity and gas networks, renewable energy, market structures, regulatory reform and privatisation.
A selection of some of the recent energy–related projects that lawyers in the Energy and Natural Resources team have been involved in include advising:
Electricity Experience
Regulatory
- regulators in relation to legislation for proposed Single Electricity Market
- regulators in relation to licensing and transition aspects of Single Electricity Market
- generators and suppliers in relation to licensing
- generators in relation to grid connection issues
Generation
- successful bidder in relation to Capacity 2005 Generation Project
- developers in relation to all aspects of development, construction and financing of 400MW CCGT Power Plant
- lenders in relation to Project Financing of 343MW Power Plant
- borrower in relation to refinancing of 400MW CCGT Power Plant
- Generators in relation to Power Purchase Agreement and Cfd’s in Irish Market
- Generator in relation to Gas Supply and Tolling arrangements in Irish Market
- Generator in relation to competition to procure OandM service provider
- Generator in relation to Emissions Trading
- purchaser on all aspects of acquisition of Peat Fired Power Station
- EPC contractors in relation to EPC contracts for major generation facilities
- State on competition to design, build, finance and operate Power station
- vendor in relation to sale of shares in 400MW IPP
- several developers in relation to development and financing of on-shore and off-shore wind farms
- lender in relation to financing of CHP project
- developers in relation to development and financing of CHP projects
- developers in relation to grid connection on several large generation projects
- developers in relation to CER licensing process for generation plant
- renewable generators in relation to AER process
- Preparing report for 400 MW CCGT Power Plant in relation to the impact of transition to the proposed Single Electricity Market
Supply
- numerous companies in relation to electricity supply contracts
- government department in relation to competition for electricity supply
- electricity supply business in relation to licensing aspects
- generators in relation to Trading and Settlement Code for Bilateral Market
- lender in relation to financing of CHP project
- developers in relation to development and financing of CHP projects
Electricity Technology
- developer in relation to all aspects of drafting and negotiation of EPC contract for 400 MW CCGT Plant
- several developers in relation to turbine supply contract for wind farms
- developer in relation to equipment supply and installation for CHP Plants
- lenders in relation to EPC contracts and turbine supply contracts in the context of project financings
Oil and Gas Experience
Our lengthy involvement in this sector both in Ireland and internationally means that our lawyers have an in-depth understanding of the sector. Our recent experience includes advising:
Regulatory
- gas networks business on licensing issues
- gas supply business on licensing issues
- on regulatory aspects of investment in gas supply business
- various parties on off-shore and on-shore regulatory framework in gas sector
- developer in relation to regulatory framework for Liquefied Natural Gas Project
LNG
- developer on all aspects of LNG Project
Gas Supply
- generators on gas supply and tolling arrangements for 400MW Power Plant
- lenders in relation to gas supply and tolling arrangements for 343MW Power Plant
- generator in relation to gas supply contract for CHP Plant
- generator in relation to NBP gas trading contracts
Gas Transportation
- electricity generator in relation to gas transportation issues in Ireland and UK
- several generators in relation to Transmission Code of Operations and related industry agreements
- lenders in relation to the project financing of off-shore gas pipeline spur
- gas networks business on pipeline procurement for pipelines
Gas Connection
- generator in relation to gas connection aspects of 400MW Power Plant
- lender in relation to gas connection aspects of 343MW Power Plant
- several end-users in connection with gas connection arrangements
Offshore Oil and Gas
- lender in relation to project financing of off-shore gas development
- exploration company on its proposed farm-in arrangements
- multinational energy company on joint operating agreements relating to offshore exploration
- Developer on off-shore exploration and production licences
Renewables and Climate Change Experience
We act for a wide range of clients in different sectors including some of the world’s leading players in the expanding emissions market. Recent experience includes advising:
- international financial institution on the implementation of European legislation relating to emissions trading
- Asian investment company on clean development mechanism relating to emissions trading
- investment fund on various carbon compliance issues
- generator on emissions allowances trading agreement based on standard form IETA documentation
- purchaser on all aspects of its emissions trading obligations resulting from its acquisition of a power plant
- developer on legislative regime applicable to carbon emissions in Ireland
- emissions trading company on IETA documentation
- various companies on establishment in Ireland and on registration with the Environmental Protection Agency in relation to emissions trading accounts
- company on carbon procurement facility arrangements
Mining Experience
Our lawyers have specialist expertise of the mining sector. Recent experience includes advising:
- A developer in relation to application for mining licences
- A developer in relation to fund raising for mining operations
- mining companies in relation to operational agreements including participation agreements and profit sharing agreement
- full due diligence on mining operation for purchaser
Energy: M&A Experience
In recent years we have advised on the majority of significant M&A transactions that have completed in the Irish Market. Recent experience includes advising:
- acquiror in relation to all aspects of purchase of 120MW power station
- vendor in relation to sale of substantial stake in 400MW CCGT plant
- acquirer in relation to buy out of shareholding in wind farm portfolio
- international investor in relation to investment in off-shore wind farm project
- State in relation to sale of Whitegate Oil Refinery and Bantry Storage Terminal
- developer on buy out of shareholding in energy company
Energy: Project Finance Experience
We have advised on all significant project financing in this sector since the process of liberalisation commenced. This experience includes advising:
- borrower on all aspects of project financing of 400MW CCGT power plant
- borrower on all aspects of refinancing of 400MW Power Plant
- lender on project financing of 343MW Power Station
- lenders in relation to project financing of several wind farms
- developers in relation to project financing of several wind farms
- lender in relation to project financing of CHP plant
- lender in relation to project financing of off-shore gas spur pipeline
- lender in relation to project financing of off-shore gas field
The team at Matheson Ormsby Prentice is "professional and personal with an excellent eye for detail", and "offers a superior service".
Projects, Energy and Natural Resources: European Legal 500 2011
"The lawyers give you a high level of comfort thanks to their knowledge of the sector and ability to handle complex issues."
Energy and Natural Resources: Chambers Europe 2011
This firm’s energy team boasts top-level expertise on all legal matters pertaining to the energy business, from market reform and regulatory questions to project development, financing and M&A. Clients say: "We can ask MOP to do more than we might ordinarily ask of other lawyers – project management, for example, which it does exceptionally well." This progressive group is also active in growing areas of the energy business, including renewables and climate change. Practice head Michael O'Connor "can compete with the very best lawyers internationally." He is described as a "cerebral, clear and concise lawyer." Young partner Peter O'Brien is increasingly seen as a go-to partner for energy clients, particularly major international companies. Associate Peter McLay is also gaining an impressive reputation, and sources say he has "a great understanding of the electricity market."
Energy and Natural Resources: Chambers Europe 2010
At Matheson Ormsby Prentice, team head Michael O’Connor is singled out as "responsive, hard-working and commercially minded", while Nicola Dunleavy is ‘dedicated with good technical knowledge’ and Peter O’Brien "always makes himself available".
Projects, Energy and Natural Resources: European Legal 500 2010
With the depth of resources required for the largest energy-related transactions, this firm has an excellent track record in the sector. Clients appreciate the firm’s dedicated service, particularly praising the way it keeps them updated with industry information.
Energy and Natural Resources: Chambers Europe 2009
Matheson Ormsby Prentice advised the regulator on the groundbreaking Single Electricity Market project, significantly placing the firm at the forefront of Irish and Northern Irish energy market reform. Group head Michael O’Connor is a recognised leading expert in Ireland on energy-related transactions. Clients say, "Michael O’Connor’s expertise and knowledge of the energy industry is invaluable" and partner Peter O’Brien is also singled out for praise.
Energy and Natural Resources: European Legal 500 2008
Operating as a distinct unit in the firm’s projects and construction group, this energy and natural resources practice handles the full gamut of energy-related matters, including M&A, project finance, competition and regulatory advice. The team is "very sensitive and responsive to our needs and is able to turn around advice within very tight timeframes," commended clients.
Energy and Natural Resources: Chambers Europe 2008
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