Juan Francisco Mackenna

Partner

jfmackenna@carey.cl
+56 2 2928 2210

His practice area is focused on energy regulatory matters and various types of energy projects, including contracts for electricity, liquid fuels, natural gas, NCRE accreditations, electric transmission, gas transportation, engineering and construction of infrastructure projects, property and land use permits, environmental matters and litigation related to regulatory matters of the energy industry, and civil law.

REPRESENTATIVE EXPERIENCE

 

  • Andes Mainstream on the “Supply Tender Process 2015/01” bidding process, and the successful awarding of 3,366 GWh/year to supply energy to the distribution companies of a total of 12,430 GWh/year.
  • Total / Sunpower on the negotiation of a Power Purchase Agreement to supply 60% of Metro’s energy demand. Metro is a state-owned subway that transports more than 662 million of people annually.
  • Acciona Energía on the purchase agreement of San Gabriel Wind project, a wind farm of 183MW installed capacity and 61 wind turbine generators, and of Tolchén Transmission Line. Carey also advised Acciona Energía in the interconnection agreement to connect the San Gabriel Wind Project to the Central Interconnected System, through the Tolchén Transmission Line.
  • Trina Solar on the joint venture with Grenergy Renovables for the development, construction and operation of two distributed solar plants.
  • Andes Mainstream and Mainstrean Renewable Power on the negotiation of the sale and transfer of its subisidaries AM Eólica Llanquihue and AM Eólica Sarco to Aela Generación, a joint venture company between Mainstream Renewable Power and Actis.
  • China Power Investment Corporation on the due diligence and acquisition of two hydropower plants from Besalco Energía, one of Chile’s largest construction and infrastructure conglomerates, for approx. USD40 million.
  • Astronomy and Energy (part of LKS ENERGY/ LKS Group) in the drafting and negotiation of a Share Purchase Agreement between Energías Renovables Fotones de Chile and Parque Eólico Renaico (Enel Green Power Latin America), by means of which the latter acquired all Astronomy and Energy’s shares.
  • Trafigura through its Chilean subsidiary Puma Energy, in the tender process carried out by Petrobras to dispose all of its Chilean, Uruguayan and Paraguayan downstream business (combustible distribution).
  • IFC, OPIC and IADB in the financing of the hydroelectric project Alto Maipo, property of AES Gener, for app. USD1,200 million.
  • Pacific Hydro in the project financing, development and construction of their hydro power projects La Higuera, La Confluencia, Colmito and Chacayes, for app. USD800 million.
  • Several clients in the sale of hydroelectric power projects, including the projects Maqueo, Liquiñe, Pellaifa, Reyehueico, Laja I and Neltume.
  • Empresa Energía de Bogotá in the regulatory aspects during the bidding process for the main transmission system in the North of Chile for app. USD500 million, and in the preparation of a technical and economic offer.
  • Andes Mainstream, Grupo Mondragón, Hunt, Nordex, Atiaia, Aaktei, Hydrowac and Electroaustral, among others, in the development of solar, wind and hydroelectric projects.
  • Chilean Ministry of Energy in a major change to a legal project that aims to change current regulation regarding transmission in order to obtain more expedite construction permits and stronger transmission capacity as well as tariff and environmental certainties in Chile
  • Several renewable energy companies, including solar, wind and mini hydro, in the development of their projects in Chile.

AWARDS AND RECOGNITIONS

  • Recognized in Energy and Natural Resources; Mining; Environment, and Projects, Chambers Latin America.
  • Recognized in Energy and in Mining & Metals, Latin Lawyer 250.
  • Recognized in Energy and Natural Resources, Legal 500.
  • Recognized in Energy and Administrative Law, LACCA.
  • Recognized in Energy: Project Finance and Mining, Who’s Who Legal.
  • Lawyer of the Year Award in Energy, Best Lawyers (2016).
  • Recognized in Energy; Environmental; Natural Resources and Project Finance and Development, Best Lawyers.

ACTIVITIES AND MEMBERSHIPS

  • Member of the Council, Asociación Chilena de Energías Renovables (ACERA) (2017-2018).
  • Founder, former vice-chairman and current member of the board, Small and Mid-sized Hydro Projects Association (APEMEC).
  • Member of the Energy Technical Commission, Confederación de la Producción y el Comercio (CPC).
  • Member of the Chilean Bar Association.
  • Vice Chairman, Fundación Mi Parque.
  • Former Chairman of the Chilean-Australian Chamber of Commerce (2010-2016).
  • Invited Scholar the Master of Energy Law, School of Law, Universidad Externado de Colombia (2012-2014).
  • Member of the International Bar Association.
  • Member of the Council of the IBA SEERIL Section of the Environment Energy Resources & Infrastructure Law.
  • President of the Power Law Committee, International Bar Association (2011 and 2012).
  • Assistant Professor of Mining Law, Universidad de Chile (2001-2008).
  • Foreign Associate, Cleary, Gottlieb, Steen & Hamilton, New York (2000-2001).
  • Assistant Professor of Civil Law, Universidad Diego Portales (1998).

PUBLICATIONS

  • Co-author of Electricity Projects & Regulations, Latin Lawyer (2015-2017).
  • Co-author of the SIC-SING interconnection bill, which was signed into law in 2013 (Law N° 20,726).
  • Author of the Annual Report: Energy and Utilities, Financier Worldwide (2013).
  • Co-author of the Chilean chapter on Energy, First Edition, Global Legal Insights, Global Legal Group (2012).
  • Member of the drafting committee of the Public Electric Highway, presented before Congress by President Sebastián Piñera in 2012.
  • Member of the Chilean Energy Ministry’s drafting committee for the NCRE bill, which was signed into law in 2010 (Law N° 20,698).
  • Author of the Chilean chapter of Electricity Regulation, Getting the Deal Through (2007-2009).

SEMINARS

  • Frequent lecturer in local and international seminars and conferences, such as the International Bar Association, Texas Bar Association, Rocky Mountain Mineral Law Foundation, Enagás and Green World Conferences, etc.


Education

  • Law, Universidad Católica de Chile.
  • LL.M., Duke University Law School (2000).
  • Program of Instruction for Lawyers, Harvard University (2000).

Admissions

  • Chile (1997).

Languages

  • Spanish.
  • English.


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