Kelly Malone

Kelly Malone is a Partner at Wikborg Rein's Singapore office and is part of the firm's Energy and Natural Resources group. He also heads the firm's Global Projects Team.

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 22 countries.

Curriculum Vitae

Relevant erfaring:

Albania -- International project counsel during preparation of construction tender packages for the 300 MW Devoll hydropower project, sponsored by Statkraft AS and EVN AG;

Brazil -- International counsel during the acquisition, and financing, of a project to develop, construct, finance, own and operate the USD 400,000,000, Parapanema ethanol / sugar mill project, located in the municipality of Narandiba, São Paulo;

Cambodia -- International counsel to Cambodian National Petroleum Authority for (i) the negotiations of a Joint Development Agreement with Thailand involving an overlapping claim area in the Gulf of Thailand, and (ii) development of a national petroleum law regime;

Chile – International project counsel during (i) the construction and USD 61,000,000, limited-recourse debt financing of the 46 MW Totoral wind power project, located in Chaopa Province of Chile, and (ii) the US$ 45 million equity financing of the 155 MW La Higuera hydropower project, located in Rio Tinguiririca;

Georgia – International project counsel during the negotiations of an implementation agreement for the 136 MW Adjaristsqali Cascade hydropower project;

Germany -- International counsel to offshore contractor during negotiations of contract for the transportation and installation of 80 monopile substructures, transition pieces and turbines for the 288 MW Meerwind offshore wind project, located in the German North Sea;

Guam -- Special privatization counsel to the Government of Guam during the assessment 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 (i) formation of regional joint venture with Tata Power for purpose of jointly developing hydropower assets throughout the Himalayan Rim countries, and (ii) resolution of shareholder issues during the construction of the 192 MW Allain Duhangan Power Project, located in District Kullu, Himachal Preadesh;

Laos -- International counsel during (i) preparation of bid for acquisition of an ownership interest in the 1200 MW Nam Thuen II Power Project, and (ii) acquisition of an equity interest in a 150 MW hydropower generation facility, located in Bolovens Plateau;

Malaysia -- International counsel to Sarawak Energy during (i) potential acquisition of, and negotiation / finalization of a power purchase agreement for the entire volume generated by, the 2400 MW Bakun Power Project, (ii) negotiations of power purchase agreements with 36 potential customers for the supply of 2000 MW of capacity, and (iii) implementation of a power exchange between the State of Sarawak and Indonesia;

Nepal – International counsel during (i) the negotiation of a Concession Agreement with the Government of Nepal as part of the development of 800 MW Tamakoshi 3 hydro-electric power / cross-border power evacuation project for transmission and sale of power into the Indian market, and (ii) upfront development of the Kirne and Khimti 2 hydro-electric power projects;

Nigeria -- International counsel during the development, financing, construction of a USD 2.5 billion ammonia/urea production facility, which will produce approximately 2.4 MTPA of granulated urea for sale in the African and international fertilizer markets (ongoing);

Norway -- International counsel during the EUR 40,000,000, Sinosure-backed, debt financing of a high volume data telecommunications project;

Pakistan (wind power) –International project counsel during development, construction and financing of the 50 MW Zeni wind project, located within the Gharo-Keti Bandar wind corridor -– the first wind project developed under the Regulations for Upfront Tariff for Wind Power Projects, issued by the National Electric Power Regulatory Authority on 6 October 2011. (on-going)

Pakistan (thermal power) – International counsel during the development, financing and construction of the 126 MW Tapal thermal power project, located near Karachi, Pakistan. Supported project company during negotiation of the Implementation Agreement and Power Purchase Agreement with the offtaker, Karachi Electric Supply Company.

Panama -- International project counsel during construction tendering and USD 155,000,000 debt financing of the 58 MW Bajo Frio hydropower project;

Peru -- International counsel to SN Power during (ii) construction tendering and USD 250,000,000 debt financing of the 168 MW Cheves hydropower project, and (ii) the US$ 276,000,000 equity bridge financing for the acquisition of ElectroAndes S.A., which owns and operates four hydroelectric projects, located in the central Andean region;

Philippines (Power) -- International counsel during (i) the construction and USD 800,000,000 US Ex-Im-backed, take out financing of the 850 MW Quezon Power Project, (ii) the USD 1,250,000 debt financing of the US Ex-Im-backed, 1200 MW Ilijan Power Project (awarded Asia Pacific Power Deal of the Year by Project Finance International and Asia Project of the Year by Privatization International), (iii) the USD 360,000,000 financing and rehabilitation of the 170 MW Ambuklao and Binga power projects, (iv) the USD 380,000,000 acquisition financing of the 360 MW Magat power project (awarded Asia Pacific Power Deal of the Year by Project Finance International),and (v) the potential acquisition of the 345 MW San Roque multipurpose hydroelectric project;

Philippines (Privatizations) -- International counsel to Credit Suisse, Rothchilds and the Government 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;

Philippines (Gas) -- 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 USD 4,500,000,000 Malampaya Deep Water Gas Project;

Tanzania -- International counsel during (i) during the acquisition of an ownership interest in the 300 MW Lake Turkana wind power project, located in in Loyangalani District, Marsabit West County, in north-eastern Kenya, and (ii) the financing & construction of the Sao Hill Biomass power generation project;

Thailand -- International counsel during (i) the acquisition of an equity interest in the Bowin 713 MW gas-fired power project, and (ii) the US$ 500,000,000 debt restructuring of a major Thai telecommunications company;

Uganda -- International counsel during the development, construction and financing of the Bugoye, run-of-the-river hydro-electric generation facility, on the River Mubuku and River Isya;

Vietnam – (i) International counsel supporting a joint venture between IFC and SN Power during implementation of program to acquire up to 600 MW hydropower project portfolio, (ii) International counsel supporting Sithe Energy during submission of a proposal to develop a 727 MW gas-fired power project under Vietnam’s Build-Operate-Transfer Regulations; and

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.


ACCOLADES:

• Identified as one of the World's Leading Energy and Natural Resource Lawyers by the London-based, Legal Media Group.
• Identified as a Regional Expert on Asia and Latin America by Chambers Global.
• Identified as a Leading Partner Practicing in the Water Sector by Global Water Intelligence.

RELEVANT CONFERENCE PRESENTATIONS:

“Investment Incentives for Offshore Wind - A Comparative Survey”, Wind Power Asia 2010 Conference, Shanghai, China

“Project Financing Wind Power Projects”, workshops held in Oslo and Bergen, Norway, jointly held with DnBNor, Scandanavia’s largest project finance lender, in January and February 2011.

Praksis:

• 2011 - Partner, Wikborg Rein, Singapore
• 2005-2011 Partner, Wikborg Rein, Oslo
• 2001-2005 Partner, Hunton & Williams, Singapore
• 1997-2001 Associate, Hunton & Williams, Hong Kong
• 1993-1996 Associate, Pepper Hamilton & Scheetz, Philadelphia

Publikasjoner:

• “Banking on Pakistan’s Wind” Project Finance International, 14 December 2011 (co-author).

Utdanning:

• 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