José Miguel Bustamante

Partner

jmbustamante@carey.cl
+56 2 2928 2211

Partner of Carey and co-head of the firm’s Energy Group. His practice focuses on energy regulatory matters and various types of energy projects, including contracts for electricity, liquid fuels, natural gas, NCRE accreditations, use of transmission systems, 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

  • San Juan (Latin American Power) on the execution of a Power Purchase Agreement (PPA) with Metro, a state owned company that operates Santiago’s subway. From 2018 on, 60% of Metro’s energy consumption will be supplied by non-conventional renewable energies.
  • Pattern Energy on permanent legal advice and support in all corporate and energy related matters.
  • Codelco on a PPA with Norgener to supply Ministro Hales and Radomiro Tomic mining divisions with 200MW.
  • Codelco on a natural gas supply agreement with GasValpo for El Teniente and Ventanas mining divisions.
  • Kinross on a PPA with Guacolda to supply Mantos de Oro and Maricunga mines with 34MW.
  • Atiaia on the acquisition of water rights for hydropower developments.
  • SunEdison on the negotiation of a PPA, interconnection agreement and related contracts with CAP to connect a PV solar power project of 100MW of installed capacity, the largest photovoltaic plant in Latin America.
  • Acciona Energy on the sale of energy to Colbún, produces by Punta Palmeras wind farm, which han an installed capacity of 47MW.
  • Latin America Power on the negotiation and due diligence for the acquisition of two hydropower projects in Chile for a total capacity of 100MW.
  • Codelco on the sale and purchase of natural regasified gas (GNR) agreement with Empresa Nacional de Electricidad (Endesa) for the northern divisions Chuquicamata and Radomiro Tomic.
  • Proyectos Ecosolar Chile and Danish Climate Investment Facility (DCIF) on the acquisition of two photovoltaic projects of 3MW each.
  • Energías Renovables Fotones de Chile on the sale of Astronomy and Energy’s shares to Parque Eólico Renaico, owned by Enel Green Power Latin America, through a Shares Purchase Agreement.
  • Rijn Capital on the permits obtention and on the negotiation of interconnection contracts for the development of a project in Chile.
  • Latin America Power (LAP) on permanent legal advice and support in energy related matters, such as due diligence processes, bidding processes, and the negotiation, drafting and execution of power purchase agreements and easements.
  • LKS Energía on a PPA and related contracts with the European Organisation for Astronomical Research in the Southern Hemisphere (ESO) in order to provide solar energy for the astronomical observatory La Silla through two photovoltaic plants.
  • Terna on advice to the lender process carried out by Enel Green Power in the construction of a transmission line of 220Kv to evacuate the energy of the first Geothermal project in Chile.
  • The Ministry of Energy and various stakeholders on different bills and CDEC-SING regarding its role and responsibilities.
  • Codelco on a liquid fuel supply agreement with Shell, Petrobras and Terpel for USD380 million per year.

AWARDS AND RECOGNITIONS

  • Recognized in Energy & Natural Resources, Chambers Latin America.
  • Recognized in Energy, Best Lawyers.

ACTIVITIES AND MEMBERSHIPS

  • Lawyer, GasAtacama, in the development and implementation of the legal strategies for several electricity and gas projects; in the negotiation and extension of electric supply and gas supply contracts, in its transportation, in industrial construction contracts; in the proceeding and obtention of electric, mining and gas transportation concessions, and in litigation for easement of access, and in project finance (1999-2007).
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Co-author of Electricity Projects & Regulations, Latin Lawyer (2016-2017).
  • Co-writer of the SIC-SING interconnection bill, approved as the Law N° 20,726 (2013).
  • Member of the writing committee of the Public Electric Highway, presented to the Congress by President Sebastián Piñera (2012).
  • Member of the Energy Ministry’s writing committee for the NCRE bill (Law N° 20,698) (2010).


Education

  • Law, Universidad Diego Portales.
  • Degree in Administrative Economic Law: Competitive and Regulated Markets, Universidad Católica de Chile (2006).

Admissions

  • Chile (1999).

Languages

  • Spanish.
  • English.


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