Energy & Infrastructure

"The firm showed us its understanding of the relevant industry and the business interests of its client, as well as expertise in the legal matters involved in the transaction."

- Chambers & Partners Asia-Pacific

Overview

BKL’s Energy and Infrastructure Practice Group provides clients with comprehensive and specialized legal services, drawing on extensive experience in collaborating with energy and infrastructure companies in Korea and abroad as well as deep understanding of regulations. Its one-stop advisory services can help clients with efficient management and successful completion of complex projects across various areas including project development, project financing, project construction and operation. Furthermore, our prompt and effective response to a dispute ensures business continuity of our clients, providing value as a reliable business partner. With such a comprehensive suite of services, BKL’s Energy and Infrastructure Practice Group meets the needs of our clients and provide optimal solutions for successful business.

One-stop service for the entire stage of project development

BKL’s Energy and Infrastructure Practice Group provides legal advisory services that not only meet the expectations of project finance lenders but also constitute practical and substantive advice throughout the entire stage, including the initial development, feasibility test, contract negotiation, and licenses and permits. Given the large scale of the infrastructure industry, a project’s bidding procedures and deal structure must be thoroughly assessed, along with execution of project agreements to initiate and operate the project and financing agreements to fund the project. The project’s successful progress also depends on negotiations with numerous stakeholders and risk analyses. BKL helps clients with managing such complicated procedures efficiently and thereby contributing to the smooth completion of the project, by providing one-stop services for the project that starts with the review of the deal structure, drafting and negotiation of project agreements and financing agreements, obtainment of licenses and permits, execution of the final definitive documentation and closing of the deal, as well as post-closing management.

Customized advisory services tailored to the regulation-heavy industry

BKL’s Energy and Infrastructure Practice Group provides customized advisory services leveraging its deep understanding of regulation-heavy industries and setting up a team of professionals with work experience from government agencies in the relevant fields. Energy and infrastructure industries involve multiple stakeholders in Korea and abroad as well as various financing techniques and complex deal structures. In light of this complexity, the group provides effective and efficient services in collaboration with other practice groups of BKL starting from the initial stage of the project, including regulation consulting, corporate legal affairs, regulations, and disputes. The group can assist clients in growing their businesses within the boundaries of regulations through meticulous analysis of the background and history of regulations and relevant real-world cases to minimize business risk and drive sustainable growth. Drawing on representative experience with numerous stakeholders including business owners, equity investors, and lender groups, BKL is poised to provide customized legal advisory services tailored to the needs of our clients and the characteristics of their industries, assisting clients with navigating through imminent challenges.
 

Key Services

New and Renewable Energy (solar, wind, fuel cell energy and others resources)
Development of all forms of new and renewable power projects, including onshore and offshore wind and solar
Strategies for land acquisition
Advice on new and renewable energy regulations and acquisition of permits and licenses
Advice on changes to government policies regarding new and renewable energy
Advice on issuance of renewable energy supply certificates and accumulation of REC multiplier
Conventional Energy (electricity/petroleum/natural gas and other resources) and Mineral Resources
Advice on development of oil fields, natural gas fields and mines, transportation of LNG/Oil and establishment of refineries and new business activities
Advice on construction of major facilities including LNG/Oil terminals (liquefaction and vaporization), and reviewing terminal use agreements (TUA) and other related contracts
Financing of projects related to petroleum, natural gas, mineral resources and water resources
Development and operation of power stations and power plants
Regulatory restrictions on development of power stations and power plants (including zoning, environmental and foreign investment regulations)
Project documentation, including joint development agreements, EPC contracts, O&M agreements, long-term service agreements, and financing
Disputes in connection with the development, management and operation of power stations and power plants
Infrastructure
Advice on the bidding process and transaction structure
Drafting and negotiating business operation agreements such as EPC contracts, and O&M agreements
Financing contracts including loan agreements and security documents
Advising on the establishment of, and investment in, project management corporations
Policies, Laws, and Regulatory Restrictions
Advice on the interpretation and application of Korean energy and resources laws and regulations
Advising on Korean energy and infrastructure regulations (e.g. advance consultation with government authorities, preliminary feasibility studies, management, and public disclosure)
Responding to government policies and regulations, and acquisition of permits and licenses

Representative Cases

Advised LG Chem on establishment of a JV with GM U.S.A. for the production of electric-vehicle batteries
Advised SK Gas on its investment in Ulsan LNG Terminal and a construction project of a large scale tank terminal
Advised Hyundai Heavy Ind. on sale of its shares in Hyundai Oil to Saudi Aramco
New and Renewable Energy (solar, wind, FuelCell energy and others)
Advised LG Chem on establishment of a JV with GM U.S.A. for the production of electric-vehicle batteries
Advised POSCO on establishment of a Chinese JV for the business of synthetic graphite as anode materials for lithium secondary batteries
Advised POSCO on establishment of its Chinese JV for the production of precursors and cathode materials
Conducted due diligence of solar power plants and wind farms in Korea for BlackRock’s investment
Advised Orsted on its offshore wind power generation project in Korea
Advised Iberdrola on its power generation project in Korea
Advised Solarig on its solar power plant development project in Korea
Advised Metka EGN on its solar power project in Korea
Advised Renova on its offshore wind power generation project in Korea
Advised EDP Renewables and Aker Solutions on their offshore wind power generation projects in Korea
Advised Enel of Italy on its power generation project in Korea
Advised ENGIE on establishment of a subsidiary for its investment in renewable energy business in Korea
Advised Hanwha Energy on its acquisition of 7 domestic solar energy SPCs (about 20MW)
Advised Korea East West Power Co., Ltd. on gas combined cycle power generation PF
Advised Hanwha Q Cells on solar power generation PF in Digos, The Philippines
Advised NH Amundi Asset Management on investment in Rugby Run Solar Plant, biomass power plant and Macarthur wind farm
Advised Macquarie Capital on business transfer of SRF heat combined cycle power plant
Advised KEXIM on project financing of Jordan Fujeij wind power generation project
Conventional Energy (Electricity, Petroleum, Natural Gas and other resources) and Mineral Resources
Advised SK Gas on its investment in Ulsan LNG Terminal and a construction project of a large scale tank terminal
Advised Hyundai Heavy Ind. on sale of its shares in Hyundai Oil to Saudi Aramco
Advised Korea Midland Power Co., Ltd. on sale of its shares in gas combined cycle power plant, Navanakorn, Thailand
Advised LG International Corp on its investment in GS E&R
Advised Company H on direct importation of LNG and use of LNG Terminal
Advised Hana Alternatives Investment Asset Management Fund on HoldCo Loan as investment in the U.S. Texas gas field
Advised Korea Gas Co. on Iraq Akkas gas field development project
Advised GS Energy on sale of its shares in its subsidiaries, Offshore City Gas and Seorabul City Gas
Advised IMM Investment on acquisition of SY Tank Terminal
Advised KEPCO on sale of overseas assets among power group companies
Advised KEPCO on a number of domestic and overseas power generation and infrastructure projects (establishment, operation, restructuring, and liquidation of domestic/overseas SPCs)
Advised DSME on sale of its interest in Indonesia CEPU mines
Advised Curious Partners on investment in Ulsan Sungwoon Tank Terminal
Advised NH Amundi Asset Management on investment in senior loans to coal terminals of Australia
Advised KEPCO on sale of its interest in Bylong’s coal mine of Australia
Advised Mirae Asset Daewoo on investment in RCPS of POSCO Energy
Advised SK Global Chemical Co., Ltd. on establishment of Nexlene factory within Ulan Industrial Complex via a JV with SABIC, Saudi Arabia’s state petrochemical corporation.
Construction and Operation Of Power Stations and Power Plants
Advised KEPCO on construction of UAE Barakah nuclear power plant
Advised Company M on construction and operation of a domestic fuel cell power plant
Advised Company S, a domestic construction company, on construction of power transmission lines of a coal-fired thermal power plant
Advised company C, a domestic power generation company, on a biomass power plant construction project
Advised Lotte E&C on its IPP project relating to gas combined cycle thermal power plant in Riau, Indonesia
Advised KEPCO on a nuclear power plant development project in Moorside, U.K.
Advised Korea Hydro Nuclear on preliminary feasibility studies on Saudi Smart Nuclear project and establishment of an SPC for operation thereof
Advised KEPCO on development and operation project of Iran Zanjan 4 gas combined cycle power plant
Advised Hanwha E&C on Saudi Yanbu II power plant project
Advised Korea West Power Co., Ltd. on establishment of an SPC to carry out O&M business for Laos hydro power plant
Advised Lotte E&C on Jordan Al Catrana combined cycle thermal power plant project
Advised Lotte E&C on IPP3 diesel internal combustion engine power plant in Al Manakher, Jordan
Advised EnerjiSA Enerji Uretim A.S. on IPP PF of ignite fueled power plant in Tufanbeyli, Turkey
Infrastructure
Advised NH Amundi Asset Management on its investment in NEL road PPP project of Australia
Conducted preliminary feasibility studies on a new city development project in Dala, Myanmar for Korea Infrastructure & Urban Development Corporation (“KIND”)
Conducted preliminary feasibilities studies for KIND on road investment project in Dhaka-Mymensingh, Bangladesh
Conducted preliminary feasibility studies for KIND on new construction of railway to new airport of Ulaanbaatar, Mongolia
Conducted preliminary feasibility studies for KIND on construction of road between Dhaka-Chattogram, Bangladesh
Conducted preliminary feasibility studies on a road project of Bucaramanga-Pamplona 4G, Columbia for the Ministry of Land, Infrastructure, and Transport
Conducted feasibility studies for Korea International Cooperation Agency on a phase II project of metro line 5 of Ho Chi Minh, Vietnam
Conducted feasibility studies for the Ministry of Land, Infrastructure, and Transport on expansion project of Batam Hang Nadim Airport, Indonesia
Advised on feasibility studies for the Ministry of Land, Infrastructure, and Transport, power generation corporations including KEPCO, KIND, government authorities, government-owned enterprises, and public institutions on their domestic and oversea power generation and infrastructure business.
Policy, Legislation, and Regulation
Advised on establishment of Korea Hydro Power Industry Association, and conducted research on laws and regulations applicable to domestic hydro power generation
Provided Korea East Power Co., Ltd. with an analysis on cartel regulations under competition laws of the relevant jurisdiction of overseas offices of and Korean government-owned corporations
Advised Samcheok Blue Power Co., Ltd. (f.k.a. Pospower) on approval of the implementation plan of Samcheok thermal power plant
Conducted research on improvement methods of overseas resources development fund system for the Ministry of Trade, Industry, and Energy
Conducted research for the Ministry of Trade, Industry, and Energy on policy proposals for strengthening of follow-up management of power generation projects