Energy Law

Kesikli has broad expertise across corporate and commercial, financing, and contentious energy law matters. With significant domestic and international experience, Kesikli advises start-ups, medium-size and large enterprises on all aspects of Energy Law.

We act according to the fact that businesses want solutions that work in both the real world and the court room. We are confident about our knowledge of laws pertaining to the power & energy sector not only because we keep abreast of all relevant laws and regulations, but also we are well aware of the industry’s commercial and regulatory realities, the politics and the people. We strive to combine our legal knowledge with the facts of the real world and our practical experience with our insight into how regulatory and political issues affect the energy business.

Turkey’s ongoing implementation of a comprehensive program to liberalize and privatize the energy market highlights the value of our specialization on energy investments. This specialization enables us to provide legal assistance to the investors, contractors, developers, engineers, consultants and traders in relation to market participation & regulatory rules, law of privatization and drafting & negotiation of required contracts therefor—such as transfer of operational rights, transfer of assets, EPC contracts, O&M Contracts, leases & facility agreements.

Our Power & Energy practice covers a comprehensive range of legal and business matters including the development and financing of green field or brown field energy & infrastructure projects, environmental representation, permitting, licensing, providing counsel on structuring the contractual background of the projects—including the drafting of the relevant major supply contracts and subcontracts.

Renewables & Clean Energy

The trend of global renewable and clean energy development is rapidly changing in parallel with increasing environmental awareness and focus, assisted by government incentives and emerging technologies. Opportunities in Renewable Energy arise as new and improved technologies emerge and legislation and global awareness evolve. As the Turkish Government looks to new methods to support investments in clean electricity production, investors’ appetite continues to grow. For those of us active in the energy industry this presents a whole new range of opportunities and challenges.

How we can assist you in Power and Energy:

We provide legal advice on all aspects of natural gas market, electricity market, coal & other mineral extractions and licenses, feed-in tariffs (FiTs) regime, all renewable and clean energy technologies including: wind, biomass, anaerobic digestion, waste to energy, solar energy, geothermal energy and hydro generation. We understand the renewable energy market and effectively provide legal support to investors, developers and contractors on a regular basis. What this means for our clients is access to legal advisers who are committed to the sector, and who possess the resources, in-depth industry expertise and experience required.

We counsel developers, owners, purchasers and sellers of energy projects, as well as their lenders on complex projects involving both fossil fuel and alternative energy sources.

We can assist you with matters of:

– Project development and financing

– Due diligence for energy projects, corporate transactions and investments

– Regulatory issues

– EPC Contracting

– Operation & Maintanance Contracts

– Asset Management Contracts

– Permitting & Licensing

– Acquisition of energy projects

– Energy contracts

– Strategic alliances

– Joint Ventures & Consortiums

– Public Tenders & Tender Laws

– Privatizations

Kesikli Law Firm has been consistently ranked by the Legal500 EMEA as one of the leading law firms in Turkey for energy law.  Legal 500 EMEA, 2021 Edition included the following testimonials for Kesikli:

‘Strong expertise. Quick replies. High quality. ’

‘Their approach is unique and suitable for what we need. it means that they can easily adapt to the situations they need to be involved in even if they are from different departments such as finance, sales, contract management etc, while protecting their customer rights and business as well.’

‘I strongly recommend Kesikli for any company that has the need of a law firm for corporate and energy transactions. I have been doing business with them for a number of years and have been extremely satisfied with the way they handle our work and the results they deliver. Quick turnaround times, commerciality, practicability and expertise are the hallmarks of this firm.’

‘They are act as our own in-house lawyers. Very skilled to learn new business. Identifying all legal points related to business which our company would like to implement.’

‘Omer Kesikli and his team provide exceptional benefits to our company.’

‘Omer is exceptionally great. He consistently shows great skill and knowhow with a friendly approach that is solutions-oriented, commercially minded and practical. He knows the law and energy matters inside out, translating his insights into practical advice.’

‘The overall level of service is high. The team has both practical and academic legal knowledge, but doesn’t focus on being academic; rather they look at what our circumstances require and advise accordingly. They communicate at all levels and ensure we have a clear understanding of the legal technicalities and what can be achieved without any unnecessary legal jargon.’


Experience

  • Acted for a global energy conglomerate in its acquisition of an international energy company, provided Turkish law advice and conducted due diligence services over the Turkish subsidiaries of the target company.
  • Acted for an international energy company in its contemplated acquisition of a solar power plant portfolio in Turkey, advised in its evaluation of the acquisition of a solar power plant portfolio in Turkey both from legal and regulatory perspectives, including the restrictions on share and facility transfer matters, and provided guidance on the required interpretation and clarification of the Turkish laws and regulations.
  • Acted for the Consortium of a global energy giant and an international EPC Contractor in the Private Tender issued for Rehabilitation of 420 MW Yenikoy and 630 MW Kemerkoy Coal Fired Power Plants; negotiated the EPC Contract and the relevant tender packages including the financial securities until the conclusion and closing of the contract.
  • Acted for non-disclosed private equity companies, provided legal advice on development and acquisition of wind & biogas projects in Turkey.
  • Acted for Guney Biyogaz relating its development of a biogas fired power plant project in Denizli / Turkey, drafted, negotiated and concluded all of its contracts during the development phase.
  • Provided energy regulatory and corporate legal advice to an England based non-disclosed private equity company on acquisition of unlicensed solar power plant portfolio.
  • Acted for an international EPC Contractor in its EPC Contract and other project agreement negotiations with the project sponsors for the 300 MW Power Plant (including its associated marine infrastructure) Project in Africa.
  • Acted for a Turkish Energy Group in its negotiations with other shareholders and the owner of 800 MW Power Plant EPC Project – Ashkelon/Israel (Second largest IPP in Israel).
  • Acted for an international O&M Contractor relating to its O&M Contract negotiations for 250 – 300 MW Power Plant Project in Africa.
  • Acted for a global energy services company relating to all of its operations in Turkey including potential acquisitions, project development and day-to-day corporate and commercial legal needs based on a long-term engagement.
  • 90 MW and 400 MW CCPPs - Represented an international EPC contractor in review and negotiation of a BOT Contract and an EPC Contract for two different combined cycle power plant projects in Senegal.
  • 200 MW Natural Gas Fired Combined Cycle Power Plant Project– Provided legal advice on contracts including drafting of the EPC Contract, subcontracts and negotiations with Banks and other third parties. Represented an Electricity Production A.S in Turkey.
  • 1000 MW AKSA Antalya Power Plant Construction Project – Drafting, Negotiation and Conclusion of the Basic and Detailed Engineering Contract for BGM Industrial Plants Inc. (the trade name of which is now Garanti Koza Energy)
  • Represented the contractor of a non-disclosed 5,5 MW Biogas Electricity Generation Project in Düzce/Turkey in its negotiations with the project developers and owners.
  • Acted for KS Energy Africa in a co-developed IPP project in Nigeria\ advised KS Energy in reviewing and negotiating the EPC contract, O&M contract, power purchase agreement, natural gas supply agreement and other project documents of a brownfield power plant project in Nigeria.
  • Provided retainer services to TAS Energy Inc. relating to its operations in Turkey
  • 250 MW Power Plant project - provided legal advisory and due diligence services to an international EPC contractor and O&M contractor during the evaluation of taking over of a BOT Contract in Ghana.
  • 600 MW Eren Energy Coal-Fired Power Plants in Zonguldak/Turkey, provided legal & contractual advisory services to Tek Yapi Construction and Trading A.S relating to the construction works.
  • 340 MW & 150 Gcal of heat -  Tereshkovo Power Plant - EPC Project, Russia, Moscow – We provided legal advisory services related to the EPC contractual matters. We drafted the required major supply agreements and subcontracts (including engineering, supply, erection and civil works). Represented Rosmiks LLC / Zorlu Energy Group.
  • 340 MW & 270 Gcal of heat - Kojukhovo Power Plant - EPC Project, Russia, Moscow – We provided legal advisory services related to the EPC contractual matters. We drafted the required subcontracts (including engineering, supply, erection and civil works). Represented Rosmiks LLC / Zorlu Energy Group.
  • Privatization of Electricity Production Power Plants (Natural Gas Fired Plants and Hydro Electric Power Plants) – Legal Due Diligence Services. Represented several non-disclosed bidder companies.
  • 60 MW Ugur Enerji Power Plant Construction Project at Cerkezkoy Organize Sitesi – EPC Contract Drafting and Negotiation. Represented BGM Industrial Plants Inc. (the trade name of which is now Garanti Koza Energy)
  • 48 MW Natural Gas Fired Power Plant Project, Cerkezkoy OSB, Tekirdag EPC Contract, consultancy services and contract management services for Nar Energy Group.
  • Represented Gedik Private Equity Investment Partnership in its evaluation of acquisition of a biogas project, provided energy regulatory advice, legal due diligence services, drafted the required corporate contracts and certain project agreements.
  • 40 MW Erdemir Steam Turbine Generator Project – Construction and Procurement Contract Management services for the subcontractors of the Project.
  •  800 MW Power Plant Project in Turkey – AKENERJI Project, Owner’s Engineering Services Tender, Legal Due Diligence Services for a non-disclosed foreign company.
  • 67,5 MW Lüleburgaz Cogeneration Power Plant – We provided consultancy services for the contractual and regulatory matters relating to the Project. Represented Zorlu Energy Group.
  • 60 MW Izmit Entek Power Plant Expansion Project – We conducted legal due diligence services relating to the Tender Documentation. We reviewed, commented on, negotiated and concluded the EPC Contract. Represented BGM Industrial Plants Inc.
  • 60 MW ATAER İzmir Plant Extension Project- EPC Contract Drafting, Negotiation and Conclusion.  Represented the Main Contractor, also including in drafting the subcontracts for the project.
  • 4,8 MW Tire Biogas Electricity Production A.S biogas fired power plant project in Tire/Izmir, drafted the EPC Contract, provided energy regulatory advice and due diligence services, drafted several project agreements.
  • Drafted the EPCM contract, provided energy regulatory advice and contract drafting services to ZGC BES Energy in its biomass to electricity project in Bolu/Turkey.
  • South Yoloten Gas Field, Turkmenistan- EPC Contract Tender, conducted legal due diligence services for an EPC company.
  • A Power Plant Construction Project in Turkmenistan - Drafting and Negotiation of the EPC Contract for the awarded company.
  • A Compressor Station Construction Project in Turkmenistan, Drafting and Negotiation of the EPC Contract for the awarded company.
  • Electricity Production A.S (EUAS) Ambarlı Rehabilitation Project - EPC Contract Negotiation and conclusion between EPP JV and the BGM Industrial Inc.
  • A Compressor Station located in Turkmenistan, Drafting and Negotiation of the Inspection Services Contract for a non-disclosed company.
  • Construction of a new fuel gas and diesel fuel fired Gas Turbine Cogeneration Power Plant on the new platform for combined heat and power production in Azerbaijan operated by the State Oil Company of the Azerbaijan Republic. Provided legal advisory services and conducted the negotiation of the relevant contracts. Represented a non-disclosed company.
  • Rehabilitation of boiler plant in Cherkassy, Ukraine Energy Efficiency Tender - Conducted legal due diligence services, commented on the EPC Contract and the relevant Tender Documentation.  Represented a non-disclosed company.
  • Drafted, negotiated and concluded an owners engineering agreement with the banks and the owner of the 600 MW Thermal Power Project located in Iskenderun – Represented BGM Engineering Ltd.
  • Drafted the BOT (Build Operate & Transfer), BO (Build & Operate) and Construction Contracts for non-disclosed companies for their Power Plant Construction Projects in Iraq.

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