The Evolution of Proxy Generation PPAs
Giji’s practice focuses on the development and finance of domestic and international energy projects.
He has extensive experience representing project sponsors through development (including through the negotiation and drafting of power purchase agreements and other long-term offtake agreements, physical and financial swaps, engineering, procurement and construction contracts, operation and maintenance agreements, management services agreements and site services agreements), acquisitions and dispositions, joint ventures and financings. His representation has included transactions involving LNG facilities, methanol facilities, petrochemical refineries, carbon capture and sequestration facilities, natural gas processing and storage facilities, natural gas and CO2 pipelines, wind energy, solar energy, natural gas-fired peaking and combined-cycle power plants, thermal and battery energy storage, transportation, aviation and ports.
His prior experiences include a two year secondment to International Finance Corporation’s Office of General Counsel where he worked on multi-currency corporate financings, project financings and equity investments in infrastructure projects in Bolivia, Brazil, Chile, China, Colombia, Costa Rica, Ecuador, El Salvador, India, Mexico, Pakistan, Panama, the Philippines, Romania, Russia, Sri Lanka, Tajikistan and Turkey.
Giji is currently ranked as a Projects Leading Lawyer in Chambers Global and Chambers USA, and has been recognized for excellence by numerous leading industry and legal publications, including being named one of 34 "Groundbreaking lawyers" by Public Utilities Fortnightly.
Giji has represented sponsors and lenders in some of the largest and most complex energy project financing transactions in recent years. Recent highlights include the following.
Represented the project company in more than $14 billion in debt financing related to the Sabine Pass LNG Liquefaction Project, including:
Represented a multilateral financing institution in an approximately $56 million political risk insurance policy relating to the development of three solar projects in Honduras.
Represented the project companies in the approximately $448 million construction and term loan financing of Phases I and II of the Los Vientos wind farm in South Texas.
Represented a multilateral financing institution in the $97.5 million A/B credit facility to a Costa Rican bank.
Represented a retail natural gas provider in a $150 million revolving credit facility.
Giji actively represents sponsors in the formation of joint venture transactions, including the negotiation of shareholders’ agreements. Highlights include the following.
Acquisitions and Dispositions
Giji represents both sellers and purchasers in a variety of energy-based acquisitions and developments, whether through the purchase and sale of assets or membership interests. He regularly represents clients in conventional and renewable energy electricity transactions as well as midstream natural gas transactions. Recent highlights include the following.
Power Purchase Agreements and Hedge Transactions
Giji has a wealth of experience in power purchase agreements (PPAs), having represented developers in securing “bus bar” PPAs as well as hedge-based PPAs for over 10 GW of capacity. In the latter category, Giji has developed and negotiated hedge-based PPAs, settled physically and financially; with firming and shaping components; and in the WECC, CAISO, and ERCOT. He is experienced in working with the ISDA, WSPP and EEl forms in electricity and NAESB in natural gas. Recent highlights include the following.
Engineering, Procurement and Construction Contracts
Giji has represented owners and construction contractors in engineering, procurement and construction (EPC) contracts, balance of plant (BOP) contracts, equipment supply agreements, front end engineering and design agreements. His construction contacts experience includes wind power facilities, solar power facilities, petrochemical facilities, pipelines and carbon capture and sequestration facilities. Recent highlights include the following.