Wednesday, 21st April 2010 by David Thorley


The Norte Energia Consortium has won the concession for the disputed Belo Monte hydropower project, on the same day that a court injunction suspending the bidding process was lifted.


Brazil′s electricity regulator ANEEL awarded the 20-year contract to build and operate the 11,000 MW dam yesterday.


′I was very surprised at how quickly the concession was awarded after the bids were submitted," says Ricardo Madrona of Madrona, Hong, Mazzuco - Sociedade de Advogados, who acted for Votorantim - a member of rival bidding consortium Belo Monte Energia.


The project has been the subject of protest from environmental groups, which claim it will displace indigenous people and damage surrounding ecosystems.


Madrona anticipates that Norte Energia, represented by Emerenciano, Baggio and Associates, will have to clear further litigative hurdles, saying, ′I think we may have some new injunctions ahead. There are many parties interested in preventing the project from going through.′


The Norte Energia Consortium comprises Chesf, Construtora Queiroz Galvão, Galvão Engenharia, Mendes Júnior, Serveng, JMalucelli Construtora, Contern Construções, Cetenco Engenharia and Gaia Energia.


Other members of the Belo Monte consortium alongside Votorantim include Andrade Gutierrez, Vale and Neoenergia.


Souza, Cescon, Barrieu & Flesch Advogados acted for that consortium as a whole, while Andrade Gutierrez retained Veirano Advogados in preparing the bid, Vale retained Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados and Machado, Meyer, Sendacz e Opice Advogados acted for Neoenergia.


Madrona explains that his client has not yet looked into the possibility of challenging the award, explaining, ′If there is no injunction ANEEL will start the process of reviewing the winning consortium′s documents to confirm that the Belo Monte concession will be definitively granted to it. The consortium will have to evidence that its parties meet the bidding call rules. Let′s wait and see how this will move forward.′


Counsel to Norte Energia Consortium


·          Emerenciano, Baggio and Associates


Partners Adelmo Emerenciano and Robertson Emerenciano and associates Norberto Marcher Muhle, Luis Fernando Biazin Zenid, Fabrício Fernandes Ferrari and Gustavo Lemos Fernandes


Counsel to Consortium Belo Monte


·          Souza, Cescon, Barrieu & Flesch Advogados


Partners Paulo Padis and associates Fernanda Bastos Fernanda Bastos, Daniel Kuk Fazio, Octavio Amaral and Marina Capeto


Counsel to Votorantim


·         Madrona, Hong, Mazzuco - Sociedade de Advogados


Partner Ricardo Madrona and associate Gerusa Magalhães


Counsel to Vale


·         Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados


Partner Pablo Sorj and associate Felipe Gibson

Counsel to Andrade Gutierrez


·         In-house counsel - Roberto Jose Rodrigues, Heloisa do Amaral, Daniela Camara Maurer and Ivan Marcondes


·          Veirano Advogados


Partners Luis Fernando Pacheco and Ana Carolina Barretto and associates Sergio Salluh, Carolina Landau and Elisa Rezende


Counsel to Neoenergia


·         In-house counsel - Roberto Federici, Lara Piau and Fernanda Raibolt


·         Machado, Meyer, Sendacz e Opice Advogados


Partner José Virgílio Lopes Enei and associates Ricardo Assaf, Fabio Falkenburger, Maria Julia Menezes de Toledo Florencio, Elton Minasse and Kátia Ichiba



(Latin Lawyer 21.04.2010)


(Notícia na Íntegra)