Kelly Malone
Mr. Malone works as a partner in the Oslo office of Wikborg Rein with the Energy and Natural Resources Group. He specializes in cross-border project development/financing and has advised/represented national Governments, State-owned utilities, petroleum producers, project sponsors, international consortia, bilateral aid agencies and export credit agencies during the development, privatization, sale, acquisition and/or financing of more than 50 energy and other infrastructure projects located in twelve countries.
Curriculum Vitae
Relevant experience:
Brazil
International counsel during the acquisition, and financing, by Biofuels Energy ASA of a project to develop, construct, finance, own and operate a fully-integrated ethanol/sugar mill project with cane crushing capacity of 2,400,000 tonnes per annum and a 40,000 hectare cane plantation, located in the municipality of Narandiba, São Paulo.
Cambodia
International counsel to Cambodian National Petroleum Authority for the negotiations of a Joint Development Agreement with Thailand involving an overlapping claim area in the Gulf of Thailand and development of a national petroleum law regime.
Chile
• International counsel to Norvind during the USD 61 million limited-recourse debt financing of the 46 MW Totoral wind power generation project, located in Chaopa Province, Fourth Region of Coquimbo.
• international counsel to SN Power during the US$ 45 million equity financing of the 155 MW La Higuera hydropower project, located in Rio Tinguiririca.
Guam (U.S.A.)
Special privatization counsel to the Government of Guam for the award of a public-private partnership by concession over the water and wastewater systems that service Guam’s civilian population;
India
International counsel to SN Power during the negotiation of a joint venture arrangement with Tata Power for the development of hydropower projects in India and Nepal.
Laos
Acquisition counsel to Tractebel for the acquisition of an equity interest in a 150 MW hydropower generation facility, located in Bolovens Plateau, Laos People’s Democratic Republic
Malaysia
International counsel to equity investors that funded a 150,000 mtpa, palm-oil-based, biodiesel refiinery project, located in Pasir Gudang, Johor, Malaysia, owned and operated by Vance Bioenergy,
Nepal
• International counsel to SN Power for the development of Tamakoshi 3 hydro-electric power project and cross-border power evacuation project for transmission and sale of power into Indian market.
• International counsel to a consortium of sponsors led by SN Power for the development of Kirne and Khimti 2 hydro-electric power projects.
Norway
International counsel to Nordisk Mobiltelfon during the EUR 40 million financing of a high volume data telecommunications project in Norway under a Sinosure-backed, Chinese Buyer Credit Facility,
Peru
International counsel to SN Power during the US$ 276 million equity bridge financing for the acquisition of ElectroAndes S.A., which owns and operates four hydroelectric projects, located in the central Andean region;
International counsel to SN Power during the bankability review of power purchase agreement and concession contract for the 168 MW Cheves hydro-electric power project.
Philippines
• international counsel to SN Aboitiz Power – Benguet, Inc. during the USD 360 million financing of the 170 MW Ambuklao and Binga hydro-electric power projects, located on the Island of Luzon.
• international counsel to SN Aboitiz Power – Benguet, Inc. during the rehabilitation of the 170 MW Ambuklao and Binga hydro-electric power projects, located on the Island of Luzon, using FIDIC-based documentation.
• international counsel to SN Aboitiz Power – Magat, Inc. during the USD 380 million acquisition and financing of the Magat 360 MW hydro-electric power project, located in the Provinces of Isabela and Ifugao (awarded Asia Pacific Power Deal of the Year 2007 by Project Finance International and Best Project Finance/Best Privatization for 2007).
• international counsel to SN Power during the establishment of a joint venture in the Philippines to acquire hydro-electric assets during the National Power Corporation’s privatization program;
• international counsel to Credit Suisse and the Republic of the Philippines during: (i) privatization by public-private partnership through award of a concession of the nationwide electric power transmission system; (ii) privatization by sale of 41 State-owned power generation facilities with an aggregate capacity of 5000 MW; and (iii) restructuring of approximately US$ 5.5 billion of sovereign guarantee-backed loans.
• international counsel to consortium of Korean petroleum producers led by KOGAS and LG International Corp. for the potential acquisition of a participating interest in the US$ 4.5 Billion Malampaya Deep Water Gas Project in the Philippines.
• sponsor’s counsel to Mirant Asia during the development and US$ 710 million financing of, the 1250 MW Ilijan, coal-fired Power Project (awarded “Asia Project of the Year” by Privatization International Magazine).
• international counsel to InterGen, Ogden Energy and GE Capital during the development and take-out term financing of the 440 MW, coal-fired, Quezon power project. located on the Island of Luzon.
• international counsel to Mirant Asia during the potential acquisition of the 345 MW multipurpose hydroelectric project in San Roque, the Philippines.
Thailand
• international counsel to Tractebel for the acquisition of an equity interest in the Bowin 713 MW gas-fired power project developed under Thailand’s Program for Independent Power Producers
• international counsel to the Export-Import Bank of the United States for the US$ 500 million debt restructuring of a major Thai telecommunications company.
Uganda
international counsel to Tronder Energi and NORFUND for the development and financing of a 13 MW, Bugoye, run-of-the-river hydro-electric generation facility, on the River Mubuku and River Isya
Vietnam
international counsel to Sithe Energies during submission of a proposal to develop a 727 MW gas-fired power project under Vietnam’s Build-Operate-Transfer Regulations.
Zambia
international counsel to SN Power during the formation of a joint venture, and preparation of a bid for the right, to develop the Kafue Gorge Lower Hydro Electric Project.
Work experience:
- 2005- Partner, Wikborg Rein, Oslo
- 2001-2005 Partner, Hunton & Williams, Singapore
- 1997-2001 Associate, Hunton & Williams, Hong Kong
- 1993-1996 Associate, Pepper Hamilton & Scheetz, Philadelphia
Education:
- 1992 Juris Doctorate (cum laude) Temple University
- 1987 Master of Science, Engineering, University of Colorado
- 1985 Bachelor of Science, Engineering (cum laude) Oregon State University
Accolade:
Identified as one of the World's Leading Energy and Natural Resource Lawyers by Legal Media Group in 2008
