The Energy practice area at Bowman Gilfillan is one of the most experienced in the country in the energy sector and has dealt with both renewable and non-renewable energy projects. The practice area has been operating for approximately 15 years and has a well-resourced team able to provide commercially relevant and practical legal advice in a range of areas.
The regulatory team is headed by Claire Tucker, a partner at Bowman Gilfillan and she is backed by a team of four lawyers, as well as consultants. In addition, various partners in the corporate and commercial department have significant exposure to and experience in the energy sector, particularly David Anderson on the Electricity Supply side, Rob Morson on the Construction side and Daryn Webb and Anton Barnes Webb on the Project Finance and Infrastructure side.
The firm also has an Oil and Gas department focusing on upstream oil and gas activities.
The firm's recent experience in the energy sector has included:
- Advising Eskom in relation to a long-term R20 billion plus electricity supply agreement with Alcan in respect of the proposed development of the COEGA Industrial Zone;
- Reviewing for Eskom of the manner in which their capital expansion projects are affected by the new environmental impact assessment legislation, advising on the manner in which development of these projects can be facilitated and fast tracked through the environmental impact assessment process and advising on the manner in which the regulations could be amended to better serve Eskom’s capital expansion needs and the needs of infrastructure development in South Africa generally;
- Advising Eskom on a pilot 100MW or 200MW wind turbine facility at Koekenaap in the Western Cape;
- Advising Eskom on all aspects of the Medupi (R80 billion) and Bravo (R90 billion) Coal Fired Power Stations;
- Advising Eskom on the Pebble Bed Nuclear Power Station project which is presently in the development phase, including regulatory advice, advice on the contractual relationships and risk factors arising with its partners and third parties and the construction aspects of the project;
- Advising on the establishment of a legal framework for the acquisition and licensing of coastal nuclear sites, expansive research on comparative international law;
- Advising on nuclear liability, insurance and supplier agreements in the context of a number of different nuclear projects;
- Advising in relation to all aspects of the environmental and nuclear approval and authorisation process for potential new power station projects;
- Acting for Eskom in a litigious dispute regarding power-lines in conservation areas and the manner in which this area is regulated, as well as regarding a litigious dispute with the environmental authorities regarding the scope of the requirement to take reasonable measures to prevent degradation to the environment when constructing in sensitive areas;
- Advising Eskom in relation to set-off arrangements between Eskom and a number of clients of Eskom.