Katia Mengel

Cross-border coal projects and the Southern African Power Pool

By Malibuye Cossie (ZA) and Katia Mengel on March 2, 2016 Posted in General

The governing documents that address the Southern African Power Pool’s (SAPP) role in cross-border transactions provide a framework that bidders, under the coal baseload independent power producer procurement programme (CBIPPP), that addresses some of the Department of Energy’s (DoE) requirements for cross-border projects in Southern Africa under the CBIPPP. There are two key requirements that … Continue reading

COP21 and the Paris Agreement – our summary

By Katia Mengel on December 14, 2015 Posted in General

The Paris Agreement signed on 12 December 2015 is being widely proclaimed as a historic deal that will lead to decarbonisation. The agreement signals a shift to a low carbon, better future. The agreement will affect numerous sectors including energy, transport, mining, agribusiness, infrastructure and finance. Our COP21 team has produced a summary of the … Continue reading

Refinancing under the Coal Baseload RFP- DoE to share in the gains

By Katia Mengel and Malibuye Cossie (ZA) on February 11, 2015 Posted in Banking

The Coal Baseload Independent Power Procurement Programme Request for Qualification and Proposals (RFP) was released by the Department of Energy (DoE) in December 2014. The RFP allows preferred bidders, with the approval of the DoE, to undertake any refinancing or re-arrangement of the debt or equity at any time during the term of the Implementation … Continue reading

Understanding the Coal Baseload IPP Procurement Programme – PB PD Undertaking

By Sne Gule and Katia Mengel on January 29, 2015 Posted in Banking

In the Request for Qualifications and Proposals (RFP) issued in relation to the Coal Baseload IPP Procurement Programme, the Department of Energy (DoE) recognises that, at any bid submission date, bidders may not have all of the necessary appointments, consents or documents required to undertake their projects immediately upon being appointed as preferred bidders. To … Continue reading

Understanding the Coal Baseload IPP Procurement Programme – Affected Projects

By Katia Mengel and Sne Gule on January 29, 2015 Posted in Banking

The Request for Qualifications and Proposals (RFP) released by the Department of Energy (DoE) in respect of the Coal Independent Power Producer Procurement Programme (CIPPPP) introduces a new Part D which relates to affected projects. The RFP allows a bidder to inform the DoE of any project in which it is involved which is experiencing … Continue reading

Baseload – Coal Independent Power Producer Procurement Programme

By Malibuye Cossie (ZA) and Katia Mengel on November 3, 2014 Posted in General

After the success of the Renewable Energy Independent Power Producer Procurement Programme (REIPPP Programme) run by the Department of Energy of South Africa (DoE), the release by the DoE of the requests for proposals for gas, coal and hydro under the government’s baseload procurement programme is hotly anticipated. We highlight below some of the differences … Continue reading

Credit ratings and acceptable banks

By Malibuye Cossie (ZA) and Katia Mengel on September 8, 2014 Posted in Banking

When rating agencies downgrade the credit ratings of South Africa’s banks or the country’s sovereign credit rating, whether justifiably or not, it raises interesting questions for the operation of project financing agreements. Definitions in finance documents designate a class of financial institutions as ‘acceptable banks’. This definition is commonly used in project finance transactions as … Continue reading

What is the DoE doing to reduce costs for developers of small projects?

By Coldron Denichaud and Katia Mengel on August 26, 2014 Posted in Banking

The DoE recently made sweeping amendments to the RFP under the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) to make the bid submission process cheaper and less onerous for developers. Will the DoE make the same changes to the RFP under the Small Project Independent Power Producer Procurement Programme (SPIPPPP)? The intention is to … Continue reading

NRFSA assists the Loan Market Association in settling its African loan documents

By André van den Berg and Katia Mengel on August 18, 2014 Posted in Banking

The Loan Market Association (LMA) has prepared a suite of agreements for use in Africa which forms part of the suite of recommended documentation made available to LMA members on the LMA website. The agreements, prepared by Norton Rose Fulbright in conjunction with a documentation committee consisting of representatives from local and international banks and … Continue reading

Round 3 projects required to comply with amended B-BBEE Codes

By Coldron Denichaud and Katia Mengel on July 29, 2014 Posted in Banking

Projects aiming to reach financial close in the third round of the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) in November 2014 will be affected by the amended Broad-Based Black Economic Empowerment Codes of Good Practice (Amended B-BBEE Codes) following amendments to the Implementation Agreement. Some of the most significant changes to the Implementation … Continue reading

Department of Energy amends System Event provisions in the Round 3 and 4 Power Purchase Agreements

By Coldron Denichaud and Katia Mengel on July 16, 2014 Posted in Banking

A seller will not be entitled to claim relief if a delay in connection of a facility to the grid (defined as a System Event in the power purchase agreement) prevents it from generating energy during the early operating period. On 14 June 2014, the Department of Energy (DoE) released the revised power purchase agreement … Continue reading

Coal Baseload Independent Power Producer Programme – factors contributing to success

By Coldron Denichaud and Katia Mengel on July 14, 2014 Posted in Banking

The essential requirements of the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP) were set out in the Department of Energy’s (DoE) Request for Registration (RFR) of 26 June 2014. The RFR also gives a flavour of the key factors the DoE will consider in the evaluation of bid responses submitted, some of which are tariff, … Continue reading

Coal Baseload Independent Power Producer Programme – a snapshot

By Coldron Denichaud and Katia Mengel on July 7, 2014 Posted in Banking

On 26 June 2014, the Department of Energy (DoE) released the Request for Registration (RFR) in respect of the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP). Although the RFR is intended to invite prospective bidders to submit information to the DoE to assist in the planning of the programme, it also gives an insight … Continue reading

Amendments to the REIPP RFP aim to make bidding cheaper, but is it worth it?

By Coldron Denichaud and Katia Mengel on June 12, 2014 Posted in Banking

The Department of Energy has released the fourth edition request for proposals under the Renewable Energy Independent Power Producer (REIPP) procurement programme. A number of the amendments have been made following much consultation with developers and lenders over the previous three bid submission rounds. The fourth edition of the RFP can make the bidding process … Continue reading

Transacting in Africa – did you know?

By Steven Gamble (ZA) and Katia Mengel on April 23, 2014 Posted in General

Africa’s diversity is reflected in its legal systems. The following legal curiosities give a taste of what makes the continent such an interesting, and sometimes challenging, place to transact. Did you know? A Nigerian guarantor cannot make payment under a guarantee denominated in South African Rand without a Certificate of Capital Importation. This is issued … Continue reading