Juan Francisco Mackenna

Partner

jfmackenna@carey.cl
+56 2 2928 2210



Partner of Carey and co-head of the firm’s Energy Group. 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

  • BlackRock, the world’s largest asset manager, through its fund Global Renewable Power III (GRP III), in: i) the acquisition of a portfolio of 18 PMGD photovoltaic projects (the largest operating portfolio of PMGD projects in Chile) from Fondo de Inversión Privado Tralka Energías Renovables with an aggregate capacity of 80 MW, ii) the association with Solek Holdings SE (Solek Group) for the construction and acquisition of a portfolio of up to 28 photovoltaic PMGD/PMG projects with an aggregate capacity of up to 200 MW, and iii) a portfolio management services agreement with Aediles Capital Inc., which will manage the PMGD/PMG portfolio of GRP III in Chile that is projected to reach a capacity of 435 MW through an investment of up to US$200 million, becoming one of the largest distributed energy portfolio in the country.
  • Nordex USA on a land lease agreement for its Chilean subsidiary, Frontera, for the development of a green hydrogen project in Tierra del Fuego, which includes a 600-2,000 MW wind farm, a hydrogen plant, a hydrogen's derivates plant, a port and pipelines, among other facilities.
  • Sonnedix, through its subsidiary Sonnedix Cox Energy Chile, a joint venture with Cox Energy América, on a financing for up to USD120 million, granted by Sumitomo Mitsui Banking Corporation and DNB Bank ASA, for the construction, development and operation of the Meseta de los Andes project, a 160MWp solar photovoltaic power plant, to be located in the Valparaíso region of Chile, and a transmission line of approx. 15.6 kms., connecting the solar plant with the Los Maquis substation. We also assisted Sonnedix on a VAT Facility Agreement with Banco Security to finance the VAT associated with the construction of the project.
  • Goldman Sachs, as the sole global coordinator, bookrunner, initial purchaser and commitment provider, on a USD489 million zero coupon senior secured notes issuance due 2028 issued by Chile Electricity PEC SpA under Rule 144A/Regulation S of the United States Securities Act of 1933. The proceeds were used by Chile Electricity PEC SpA to purchase certain receivables from the main energy generation companies in Chile originated under Law No. 21,185, which temporarily stabilized the electricity tariffs.
  • Frutura, a US-based sales and marketing network of fresh fruits spanning assets in the US, Peru and Uruguay, on the acquisition of Subsole, one of Chile's largest fresh fruit companies and leading exporter, specially of table grapes.
  • Brookfield Asset Management on a mezzanine financing for the construction and operation of two renewable energy plants (Cerro Dominador Project) located in the Antofagasta region: a 110MW concentrated solar plant (utilizing molten salt technology) and a 100MW solar photovoltaic plant, that jointly will provide 210MW of base load renewable capacity to the Chilean electrical grid.
  • Sempra/Chilquinta on the acquisition of Compañía Transmisora del Norte Grande, owned by AES Gener and its subsidiary Eléctrica Angamos, for USD219 million, consisting of 316 kms. of transmission lines located in the regions of Antofagasta, Valparaíso and Metropolitana.
  • CVC Capital Partners on the local aspects of the acquisition of a 20% stake in Gas Natural Fenosa, owned by Repsol, a Spanish oil and gas company for USD4.7 billion (globally).
  • 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 project, a wind farm of 183MW installed capacity and 61 wind turbine generators, and of Tolchén Transmission Line. Carey also advised Acciona Energía on the interconnection agreement to connect the San Gabriel project to the Central Interconnected System, through the Tolchén Transmission Line.
  • 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.
  • Andes Mainstream, Grupo Mondragón, Hunt, Nordex, Atiaia, Aaktei, Hydrowac and Electroaustral, among others, on the development of solar, wind and hydroelectric projects.

AWARDS AND RECOGNITIONS

  • Named Lawyer of the Year in Energy, Best Lawyers (2016 and 2023).
  • Recognized as Best Individual Lawyer in Energy & Natural Resources, Client Choice (2022).
  • Recognized in Energy and Natural Resources; and Projects, Chambers Latin America.
  • Recognized in Electricity, Oil and Gas, The Legal 500.
  • Recognized in Energy, Latin Lawyer 250.
  • Recognized in Project Development, IFLR1000.
  • Recognized in Mining, Energy and Project Finance, Who’s Who Legal.
  • Recognized as Thought Leader in Energy, LACCA.
  • Recognized in Energy, Natural Resources, Oil and Gas and Project Finance and Development, Best Lawyers.
  • Recognized in Project Finance, Leaders League.
  • Recognized in Energy, Natural Resources and Projects, Top Ranked Legal.

ACTIVITIES AND MEMBERSHIPS

  • Member of the Board and advisor, World Energy Council (WEC), Chile chapter.
  • Former member of the Advisory Council, Chilean Arab Chamber of Commerce and Investments.
  • Member of the Council, Asociación Chilena de Energías Renovables (ACERA) (2017-2018).
  • Founder and former vicechairman, Small and Mid-sized Hydro Projects Association (APEMEC).
  • Former member of the Energy Technical Commission, Confederación de la Producción y el Comercio (CPC).
  • Former vicechairman, Fundación Mi Parque.
  • Past president 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 Board of Instituto Libertad, El Líbero and Fundación Independízate.
  • Member of the Council of the Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), International Bar Association (2012-2016).
  • Writer of the SIC-SING interconnection bill, which was signed into law in 2013 (Law N° 20,726).
  • 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).
  • Advisor on a major change to a legal project of the Chilean Ministry of Energy to change the current regulation regarding transmission in relation to construction permits, stronger capacity, tariff and environmental certainties in Chile.
  • Past 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).
  • Member of the Chilean Bar Association.
  • Member of the International Bar Association.

PUBLICATIONS

  • Peer reviewer in "The Transformation of the Electricity Industry and Challenges of Energy Law", coord. PhD Vivian Lima López Valle and Prof. Lucio Sánchez Povis, Universidad Católica del Perú (2022).
  • Co-author of the Chilean chapter of Construction and Projects Q&As Global Guide, Thomson Reuters (2018-2020).
  • Co-author of the Chilean chapter of "Foreign Investment in South America: A Comprehensive Guide to Infrastructure and the Legal Environment", American Bar Association (2018).
  • Co-author of Electricity Projects & Regulations, Latin Lawyer (2015-2017).
  • 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).
  • Author of the Chilean chapter of Electricity Regulation, Getting the Deal Through (2007-2009).

SEMINARS

  • Frequent lecturer in local and international seminars and conferences, organized by entities such as the International Bar Association, Texas Bar Association, Latin Lawyer, Rocky Mountain Mineral Law Foundation, Enagás and Green World Conferences, AUSCHAM, 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, fluent.
  • English, fluent.
  • Italian, conversational.

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