Practice Areas:

Energy and Climate Change

At Hernández & Cía. we have extensive experience advising public and private, national and international entities in the electricity, oil and gas sectors, which we advise with a 360° vision. From the conception of the business or project to its sustainable development, contracting, financing, construction, and carbon neutral operation.

We work in the acquisition of greenfield, brownfield or operational projects by conducting due diligence processes and the negotiation and drafting of contracts for the purchase and sale of shares and assets, option and assignment contracts, joint ventures, among others.

Our team has extensive experience in concession bids and electricity supply contracts (power purchase agreements) called by the State, distribution companies and consumers, contracts for the purchase and sale of clean energy certificates, as well as all types of construction contracts, EPC, BOOT, works contracts, etc. We support our clients in obtaining all authorizations, licenses and permits required for the construction and operation of projects before the Ministry of Energy and Mines, Ministry of Culture, Regional Governments, the Supervisory Body of Mining and Energy Investment (OSINERGMIN), the Committee of Economic Operation of the System (COES), etc.

We also have extensive experience in financing operations related to the energy sector, including corporate loans, project finance, project bonds and other structures with equity or debt, investment funds, banks or other investors.

Likewise, our specialized consulting services include carbon footprint measurement and implementation of reduction and neutralization structures, decarbonization of commercial activities, and in general legal mechanisms to enable our clients’ transition to carbon neutrality. Our services include, but are not limited to, support to become participant to the Peru Carbon Footprint platform, negotiation and drafting carbon credit contracts (Emission Reduction Purchase Agreement), obtaining green financing and certifications, and regulatory compliance with obligations arising under Paris Agreement, United Nations Framework Convention on Climate Change, Law on Climate Change and its Regulations, and other national and international regulations.

In addition, we advise on the structuring of viable projects under Article 6 of the Paris Agreement, REDD+ and in the voluntary carbon market, which includes legal due diligence audits of the projects, and tax analysis of the transfer of carbon credits representing greenhouse gas reductions. Also, our advice includes the registration, recognition of the emission reduction units generated and the authorization for their transfer under the National Registry of Mitigation Measures (RENAMI).

 

  • "Leader in the Peruvian electricity sector."
    The Legal 500 (2022)

  • "A client commends the firm for the lawyers' 'strong knowledge of the electrical sector and its regulation,' adding that 'their knowledge was the best fit with our interests in Peru.'"
    Chambers 2022

  • "It is a team with extensive and recognized experience in the energy sector, and they are always actively participating in possible changes and regulatory debates. A point to highlight is also the flexibility they have and the ability to provide solutions."
    The Legal 500 (2022)

  • "I feel that it is very easy for them to understand my issues and to support us. I think they work well as a team. They have always solved our problems positively."
    The Legal 500 (2022)

  • “Hernández & Cía. are always available. We have worked with them on some legal agreements on electrical connectivity, and they have advised efficiently, they have been accessible all the time and have valuable experience in the electricity sector and the Peruvian electricity market."
    The Legal 500 (2022)

  • "The Hernández energy team has excellent legal and casuistic knowledge of the electricity sector. One of their greatest strengths is the great knowledge and understanding of the technical aspects of the projects, which allows them to provide solutions that go beyond the legal and obtain the expected results. Likewise, it is not common for energy lawyers to dominate other areas, but the Hernández energy team has an excellent command of the various aspects that involve the development of an electrical project (property, environmental, regulatory, etc.), which allows us to lean on them in more than one subject."
    The Legal 500 (2022)

  • "High standard energy experts for the market, agility in response, creativity, and experience in solutions."
    The Legal 500 (2022)

  • "The firm advises us on all M&A issues, both at the documentary and regulatory levels and lately regarding the replacement of solar panels in our renewable energy plants in Peru. Its knowledge of the public sector has not allowed to obtain in a timely manner various permits related to share transfers and especially the Legal Stability Agreements. I'd highlight the firm's transversal knowledge of not only electrical but also financial regulatory."
    The Legal 500 (2022)

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