Friday, 23rd April 2010 by David Thorley
The process of preparing bids for the Belo Monte hydro dam concession was characterised by uncertainty that did not only stem from the repeated court injunctions suspending the auction, says Emerenciano, Baggio & Associates partner Roberto Emerenciano, who led the counsel to the winning consortium.
As well as seeing the project′s environmental licence repeatedly rescinded, Emerenciano faced the challenge of pulling together the Norte Energia Consortium at short notice, after ′some of the companies that planned to participate decided not to follow the team.′
In its final incarnation, the Norte Energia Consortium comprises Chesf, Construtora Queiroz Galvão, Galvão Engenharia, Mendes Júnior, Serveng, JMalucelli Construtora, Contern Construções, Cetenco Engenharia and Gaia Energia.
It is not clear which companies left the group during the bid process, but local press reports have rumoured that that Queiroz Galvão and JMalucelli are considering withdrawing from the consortium.
Emerenciano, however, is confident that, ′Some discussion with the strategic partners will take place next week and we certainly will have a final composition that will keep all the parties satisfied with their engagement to the project.′
Norte Energia beat off competition from the Belo Monte consortium whose members included Votorantim, Andrade Gutierrez, Vale and Neoenergia.
Brazil′s electricity regulator ANEEL awarded the 20-year contract to build and operate the 11,000 MW dam on Tuesday - the same day the consortiums submitted their bids.
After the continued revoking and reinstating of the project′s environmental licence, says Emerenciano, ′We felt very surprised with the agility of the announcement and the short period of dispute between the players.′
He says that the consortium and its legal advisers resolved to continue with the bid preparations regardless of the court rulings: ′We decided to continue the organisation of the documents and the formation of the consortium despite the initiatives of the Public Attorney to stop the bid. All meetings among our members occurred irrespective of any problem that could interrupt the date planned for the presentation of proposals.′
However, he adds, ′it is always possible that there may be further legal challenges to the project in the coming days, as has happened to the others bids in the energy sector. But again, we will be working focused on the deadlines of the bid procedure and not considering any external problems that may be raised by the dam′s opponents.′
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
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 23.04.2010)
(Notícia na Íntegra)