Pedro Javier Reséndez Bocanegra

Pedro Javier Reséndez Bocanegra

Of Counsel

Pedro Javier Reséndez Bocanegra has broad experience in governmental affairs, assisting companies in the process of implementing and contracting infrastructure projects in Mexico and other countries of Latin America. His experience includes the drafting and negotiation of legal reforms, bidding guidelines and contracts required for project development and project financing, as well as compliance with regulatory controls.

Pedro is experienced in dispute resolution procedures related to infrastructure projects involving arbitration, dispute boards, mediation and courts. He also has wide-ranging corporate experience, particularly with regard to the incorporation of commercial entities and negotiating shareholder agreements, mergers and acquisitions. Pedro advises construction companies, venture capital funds, energy companies and lenders seeking to invest in the oil and gas, and electricity industries in Latin American countries.

Concentrations

  • Global Energy & Infrastructure
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Capabilities

Experience

  • Advice to Jinko Solar in the acquisition of a power generation project and drafting and negotiation of a power purchase agreement with a major commercial off-taker.
  • Assisted Etileno XXI in the closing of multiple services, supply and construction contracts for the development of a major ethylene plant built in Mexico and handling of disputes associated thereto. 
  • Advice to a major grocery-store-chain in the implementation of an electricity rate reduction plan and negotiation of the corresponding long-term power purchase agreements with the relevant supplier.  
  • Registration of off-takers of electricity participating in the wholesale market.
  • Represented a major international oil company in open season processes to reserve storage and transportation capacity for liquid fuels infrastructure with Pemex Logistica.
  • Advice to the Mexican National Human Rights Commission to implement processes to expedite social impact studies and consultations with local communities, for infrastructure projects to be developed by government and private entities under a “Business Organizations and Human Rights Program”.
  • Represented a major international oil company in the diagnosis and proposals of changes to the Mexican Oil Laws to enable new license agreements, production sharing agreement and profit sharing agreements approved by the Mexican Congress in 2013.
  • Represented a major international oil company in its entrance into the Mexican market for the opening of gasoline and diesel retail stations.
  • Represented international companies in imports of natural gas and electricity into Mexico.
  • Represented  international companies in the implementation and bidding of electricity Transmission Lines under co-investment structures with the Mexican ISO.
  • Represented an international company on its capital investment in a Mexican technology-focused solar and smart home solutions company, providing financing to facilitate consumer loans for residential solar systems. Legal advice included due diligence and implementation of shareholders agreement. 
  • Represented Grupo Valoran/ WTC Industrial in the implementation of a joint venture for the development and operation of a terminal for rail trans-loading and tank-farming of oil-refined products in Central Mexico with Kansas City Southern and Watco.  
  • Represented TransCanada in the development of natural gas pipelines and transportation agreements associated thereto to meet the demand of the Bajío zone (Gasoducto Bajío) and of the Yucatán Peninsula (Gasoducto Mayakán) in Mexico. Legal advice involved corporate, contract management, regulatory work and financing arrangements, as well as TransCanada divestiture in such assets.
  • Represented an infrastructure fund in the acquisition of an equity stake in the Mexican company owning Gasoducto Mayakán asset.
  • Represented Sempra Energy on its initial investments in the north area of Mexico for gas transportation and gas distribution pipelines assets.
  • Represented Sempra Energy/IENOVA in their participation in a series of bids called by Comision Federal de Electricidad (CFE) for build-own-operate contracts for natural gas pipeline systems in several regions of Mexico and Gulf of Mexico, with the favorable award of some of them.
  • Assists as counsel for the development of Independent Power Producer (IPP) projects  interconnected to the wholesale market or pursuant to distributed power generation modality with private transmission, under the new regulatory framework. These projects have involved drafting of contracts (Power Purchase Agreements, Engineering Procurement and Construction Agreements, Fuel Supply Agreements and Gas Transportation Agreements), as well as general regulatory advice.
  • Adviser for the development of underground natural gas storage and geothermal projects in Mexico by private investment.
  • Assists as counsel for off-takers of electricity from Independent Power Producer (IPP) projects under long-term Power Purchase Agreements. Advice has covered the negotiation of the corresponding Power Purchase Agreements, project’s due diligence and general regulatory advice.
  • Represented power generation companies in their regulatory filings, drafting and negotiation of bilateral agreements to participate in the new wholesale market implemented under the electricity reform, as well as advising them in their participation in the bids by the CENACE (Centro Nacional de Control de Energia) for long term supply contracts and clean energy certificates.
  • Represented electricity retail companies in their regulatory filings, drafting and negotiation of bilateral agreements and electricity supply agreements to participate in the new wholesale market implemented under the electricity reform.
  • Represented a leading global, independent infrastructure investor in the acquisition of a significant portion of Empresa Electrica Guacolda S.A., owner and operator of a 608 MW coal-fired power generation facility in northern Chile, for its expansion to 760 MW, which majority of its output is sold to industrial and electric distribution customers under long-term power procurement agreements.
  • Adviser to MasTec and Odebrecht for multinational projects to be implemented under the new contractual framework deriving from the energy reform.
  • Adviser to investors and developers of natural gas pipelines for multinational projects to be implemented under the new contractual framework deriving from the energy reform.
  • Representation of international consortia for construction and financing of various power plants for CFE using several types of technology (geothermal, open cycle and hydropower) under the financed public works regime.
  • Adviser to international fuel distributors and traders for the filing of permit applications with the Mexican Energy Regulatory Commission and implementation of co-investment structures under the new fuel market to be developed as a result of the energy reform. 
  • Adviser to GDFSuez as participant in the bid tender for the construction and operation of several gas fired combined power plants in the north of Mexico and Pacific Coast under IPP scheme sponsored by CFE for 25-year-term-contracts and approximate accumulated capacity of 2300 MW.
  • Adviser to the National Center of Gas (CENAGAS) for its operations start-up and acquisition and contractual arrangements with PEMEX for the transfer and operations of the National Gas Transportation System of approximately 9000 km, as well as implementation of the structure required for financing associated thereto.
  • Assisted SunEdison in the acquisition of a 22.5 MW solar project (Parque Solar Coahuila) located in the north of Mexico -State of Coahuila-, involving due diligence and legal assistance required for the drafting and closing of the relevant contracts, as well as implementing the financing structure and guaranty package.
  • Assistance to consortium participating in the high-speed train for the Mexico City-Queretaro route in the bidding process called by the Ministry of Communications and Transportation under a DBO contract (Design, Build and Operate).
  • Assistance to consortium participating in the aqueduct Monterrey VI, approximately 400 km of length under a PPP scheme (Public-Private-Partnership).
  • Assistance to Mexico’s Water Commission and MEKOROT in certain project for protection of aquifers under exploration and production of unconventional hydrocarbons.
  • Assistance related with the contracts required for the planning and design of the new Mexico City Airport.
  • Assistance to various construction and water companies for the implementation of projects and investments required for hydroelectric small scale power generation projects and infrastructure related to the implementation of Mexico’s new water plan (potable water, sanitation, drainage and irrigation).
  • Assisted SunEdison in general matters relating to the implementation of electricity projects in Mexico.
  • Legal advice to ICA in dispute board resolution and litigation involving a major seaport project.
  • Participated as consultant for the Mexican Chamber of Construction Industry in the proposal of amendments to the Public Works Law to update the contracts of this sector based on international best practices.
  • Represented an oil company in the study for the potential development of transboundary oil-fields under the Agreement between the United Mexican States and the United States of America concerning transboundary hydrocarbon reservoirs in the Gulf of Mexico.
  • Represented group of public companies with presence in Mexico and other Latin American countries in the structuring, implementation and roll-out of Foreign Corrupt Practices Act (FCPA) policies and procedures.
  • Represented European company in the potential acquisition of a 102 MW operational Wind Farm in Oaxaca, Mexico; legal advice included due diligence and implementation of re-financing for the project.
  • Represented Mexican equity fund in the acquisition and lease of oil jack-ups platforms and FPSO (Floating Production Storage and Off-loading) vessels for its operations in the Gulf of Mexico.
  • Assisted various Mexican Business Chambers and Government Entities in the diagnosis of the Mexican oil and gas industry, and the impact on same deriving from the potential legal reform under discussion by the Mexican Congress.
  • Closed the acquisition of a multinational engineering firm with operations in several countries of Latin America for major infrastructure projects to be developed in the region.
  • Worked with multiple private companies and government entities in the drafting and implementation of public-private partnerships reform in Mexico and preparing contracts and bids for projects of this type called by the Mexican federal government.
  • Assisted Mexican companies interested in participating in petrochemical, refining and fuels projects in Mexico.
  • Assisted Proenermex (Procesamiento Energético Mexicano, S.A. de C.V.) for the development of the power purchase agreement, interconnection and transmission agreements and financing of the Santa Gertrudis 5 M hydroelectric power project in the state of Veracruz.
  • Represented Banco Santander for the financing of several medium-size hydroelectric generating facilities located with a net capacity of 52 MW (8-MW The Trojes, 14-MWChilatán and 30-MW El Gallo) to be developed by Comexhidro, S.A. de C.V.
  • Represented multiple lenders, including Mizuho, CitiBank, N.V., Crédit Agricole Corporate and Investment Bank, La Caixa Bank, and Banco de Sabadell, led by ING Bank, N.V. in the US$300 million acquisition financing to purchase the Altamira II LNG facility in the State of Tamaulipas, Mexico, owned by Shell Gas B.V., Mistui and Co., Ltd. and Total Gaz Electricite Holding France and sold to Vopak LNG Holdings, B.V. of The Netherlands and EneGas, S.A. of Spain.
  • Acted as counsel to Mitsubishi Corporation in the acquisition process of an equity participation on the largest wind farm in Latin America currently under development in the State of Oaxaca, Mexico.
  • Represented the consortium formed by Marubeni Corporation, GDF Suez SA and Samsung C&T Corporation for the bidding by Comision Federal de Electricidad (CFE) of various build-own-operate contracts for natural gas pipeline systems in the northwest Mexico area.
  • Advised Mapfre on its strategic alliance with Euler Hermes in certain Latin American countries for credit insurance division, seeking regulatory approvals and implementing the corporate structure.
  • Advised the consortium in charge of the construction of the Tunnel Emisor Oriente one of the largest wastewater tunnels in the world on matters relating to ongoing dispute resolution processes. With a total length of 62 km and running up to 200 m below ground level, the tunnel will significantly reduce the risk of flooding in Mexico City.
  • Assisted Globalvia in regulatory matters with the Mexican Government (Ministry of Transportation and Communications and Antitrust Commission) for the financing of a toll road project to be developed in Mexico with ICA.
  • Advised ICA on the acquisition and financing of a toll road project to be built and operated in the state of Oaxaca communicating the capital city of such state with the Pacific coast. The financing was granted by Mexican development lenders (BANOBRAS and FONADIN) in the approximate amount of US$250 million.
  • Provided consulting services for Repsol in connection with the long-term natural gas supply contract executed with CFE, for the Manzanillo LNG plant’s operations start-up.
  • Assisted Petrofac in the negotiation and closing of multiple well services contracts and drilling contracts executed with major international oil services companies for oil services to be rendered in Mexico.
  • Drafted the Mexican oil laws approved by the Mexican Congress on November 2008 and additional regulations enacted by the President of Mexico during 2009 for the new contractual regime for upstream and downstream projects (Regulations for PEMEX Law and Mexican Oil Law), as well as the new administrative contracting and bidding guidelines approved by PEMEX Board of Directors based on internationally accepted oil contracting practices.
  • Implemented legal solutions to several resolutions issued by the Mexican Antitrust Commission (Comisión Federal de Competencia) affecting its participation in several gas transportation and commercialization projects through Gasoductos de Chihuahua, S. de R.L. de C.V. and its subsidiaries TDF, S. de R.L. de C.V. (Natural Gas Project Burgos-Monterrey) and Gasoductos de Tamaulipas, S. de R.L. de C.V. (LPG Project San Fernando) and their impact for future gas projects to be developed by PEMEX Gas y Petroquímica Básica.
  • On behalf of PEMEX Gas y Petroquímica Básica, drafted regulation of first-hand sales and product sale contracts to be approved by the Mexican Energy Regulatory Commission.
  • Drafted contracts and bidding guidelines for PEMEX projects for drilling exploration and production natural gas wells in the north region of Mexico (Burgos basin).
  • Drafted and bid on long-term natural gas supply agreements tendered by Comisión Federal de Electricidad (CFE) to meet the demand of the Baja California Peninsula (Gasoducto Rosarito) and of the Yucatán Peninsula (Gasoducto Mayakán).
  • Design of the bidding terms and financing of the following projects for CFE: C. Rosarito III 450 MW (BLT), C. Monterrey 450 MW (BLT), C. Mérida III 484 MW (IPP), C. Río Bravo 405-495 MW (IPP), C. Hermosillo 225 MW (IPP) and Transmission Lines and Substations interconnected to the National Transmission Network (Líneas de Transmisión y Subestaciones interconectadas a la Red Nacional de Transmisión) (BLT).
  • Inversiones y Técnicas Aeroportuarias, S.A. de C.V. (ITA) was incorporated by the winning consortium in the tender called by the Ministry of Communications and Transportation for the acquisition of the stock of the company Grupo Aeroportuario del Sureste, S.A. de C.V., as part of the modernization process of the Mexican airport system, which owns the concession title and operates the airports located in the southeast region of Mexico. Legal advice was provided during the bidding process as well as during the start-up operations phase, involving all contractual and administrative aspects of the transaction.
  • Advised Ingenieros Civiles Asociados (ICA) on the development and financing of the 750 MW Hydroelectric Project El Cajón - Project tendered by the Federal Energy Commission and awarded to Constructora Internacional de Infraestructura, S.A. de C.V. (company formed by ICA, La Nacional and Energo). The most relevant activities included the negotiation of the contracts required to obtain financing, as well as the structuring of financial guarantee schemes and review of the construction, supply and electro-mechanic installation agreements.
  • Represented Japan Bank for International Cooperation (JBIC) in structuring the financial scheme and negotiating contracts required to grant financing to Carboelectrica Diamante, S.A. de C.V. (company formed by Mitsubishi Corporation), as well as the guarantee contracts, for the development of the 648 MW Coal-Fired Power Generation Plant – Project tendered by the Federal Energy.
  • Advised Ontario Teachers Pension Plan (OTPP) as their Mexican counsel in the potential acquisition of certain portfolio companies owned by EDF operating in Mexico power generation assets and natural gas transportation system worth approximately US$2 billion.
  • Provided Société Générale/Calyon Mexican legal advice to perfect option to acquire certain receivables under a Limited Recourse Discount Facility Agreement deriving from a Public Works Contract executed among Comision Federal de Electricidad, Rehabilitech, S.A. de C.V. and Mitsubishi Corporation for the rehabilitation and modernization of the Francisco Perez Rios Power Plant with a total price of US$106.89 million.
  • DMGP Servicios de Integridad, S.A. de C.V. incorporated by Mexssub, Diavaz, Penspen and Greystar for the rendering of oil pipelines and oil terminal maintenance services awarded by Pemex-Exploración y Producción through a bidding process, for facilities located in the southeast region of Mexico. Advised on the bidding process and start-up of operations drafting and negotiating contracts to be executed with subcontractors for the rendering of all required services and ongoing matters with Pemex-Exploración y Producción.
  • Represented Pacific Rubiales during its participation as bidder with Pemex-Exploración y Producción under the newly created "Incentive Contract" for the exploration and production of oil in the fields of Carrizo, Magallanes and Santuario, located in the state of Tabasco.
  • Advised several companies acting as investors and oil field operators under services incentive contracts during start-up of operations and migration of same to production sharing or license agreements regime.
  • Assisted Electricidad Aguila de Altamira, S. de R.L. de C.V. in the co-investment of EDF and Mitsubishi Corp. for the financing and development of an independent producer contract awarded by Comision Federal de Electricidad for a combined-cycle gas-turbine power plant with a capacity of 495 MW built in the state of Tamaulipas.
  • Advised Hines on the drafting and negotiation of contractual framework for the acquisition of land and developing of real estate retail projects, including the construction and leasing arrangements.
  • Advised Grupo Acción on the drafting and negotiation of contractual framework for the acquisition of land and developing of real estate retail projects, including the construction and leasing arrangements under a joint investment with Kimco Realty Corp.
  • Advised Sun Capital Partners private equity fund in the acquisition of the assets in Mexico of American Standard consisting on several manufacturing facilities located in several states; advice also included due diligence work and regularization of real estate and labor matters.
  • Advised LaSalle in acquisition and financing of industrial real estate portfolio owned by GE Real Estate Mexico located in the north region of Mexico with an approximate value of US$70 million; including all corporate matters for the incorporation of the acquiring entities, co-investment with the investor, financing and guaranties, purchase and sale agreements, and all local regulatory issues involving municipal authorities and lessees.
  • Advised LaSalle the drafting and negotiation of contractual framework for the acquisition of land and developing of real estate retail projects, including the construction, promotion, developing and leasing arrangements under a joint investment with several co-investors and developers.
  • Represented Marubeni/Williams/Wood Group/Mexssub consortium as bidders for rendering services to Pemex- Exploración y Producción, under the agreement to secure the safety and operation of hydrocarbons’ pipelines transportation system in the southeast region of Mexico.
  • Assisted Marubeni/Duke Energy Assisted consortium under their participation as bidders for rendering services to Pemex- Gas y Petroquímica Básica, under the 20-year agreement to build and operate a 300 MW cogeneration power facility at the natural gas complex known as Nuevo Pemex.
  • Represented Kepco/Samsung/Techint consortium in the participation and awarding of an Independent Producer Contract by Comision Federal de Electricidad for a combined-cycle gas-turbine power plant with a capacity of 433 MW to be built in the state of Chihuahua; The legal advice also including financing for the project in an approximate amount of US$450 million with The Export-Import Bank of Korea, Sumitomo Mitsui Banking Corporation, Crédit Agricole Corporate and Investment Bank and Scotiabank.
  • Represented Samsung/Kepco consortium in their participation as bidders with Comision Federal de Electricidad for a combined-cycle gas-turbine power plant with a capacity of 294 MW to be built in the state of Baja California Norte.
  • Advised Grupo Salinas in the structuring of a renewable energy projects located in several states of Mexico, including the corporate structure required to comply with regulatory aspects and off-takers contracts under the power self-supply scheme, including the construction and development contracts.
  • Represented BBVA Bancomer in the structuring and financing of a housing real estate development in the state of Puebla. The project involved due diligence and the drafting of contracts for the acquisition of land, including the construction, promotion and developing arrangements, and security agreements.
  • On behalf of Cámara Mexicana de la Industria de la Construcción (CMIC), drafted regulations required under the recently approved public private partnership law, for the development of public private partnership projects in Mexico following the applicable international principles. This chamber represents one of the most important construction companies participating in the construction industry in Mexico.
  • Represented a manufacturing company in the production of biomass-derived energy in a 12 MW power facility to be built in the South Coast of Mexico drafting and negotiating the model of Power Purchase Agreement with a government off-taker.
  • Represented a company owning a terminal for storage and distribution of oil-refined products in the North of Mexico for its revamping under the changes for the distribution and marketing of these products in Mexico.
  • Represented a group of Mexican construction companies for their potential participation in the new round of private investment in the airports sector in Mexico to be called by the Ministry of Communications and Transportation.
  • Represented a geophysical technology-focused seismic solutions company that provides advanced acquisition equipment, software, planning and seismic processing services, and seismic data libraries to the global oil & gas industry investing in Mexico.
  • Advice to RanMan Energy and ATCO in the implementation of a JV for the development of various power generation projects in Mexico under several modalities and types of technology.
  • Legal representation of consortium led by IENOVA in CFE's public tender for construction and operation of  Yautepec–Ixtepec HVDC Transmission Line Project under a BOOT structure. This is the first project of such type in the Mexican electricity sector with a required approximate investment of US1.2 Billion.
  • Representing Banco Nacional de Obras y Servicios Públicos, S.N.C. (Banobras) as lender of a 15 MW hydroelectric plant in Guanajuato, Mexico; the representation covers the due diligence work, as well as in structuring, drafting and negotiating the financing documents.
  • Advice to Kiewit in EPC contracts for several oil & gas related facilities in Mexico.

°Some of the above representations were handled by Mr. Résendez prior to his joining Greenberg Traurig, S.C.

Recognition & Leadership

  • Member, Winning Team, Acquisition International magazine, "Overall Law Firm of the Year – Mexico," 2013
  • Member, Winning Team, Acquisition International magazine, "Most Trusted Law Firm of the Year – Mexico," 2013
  • Member, Winning Team, InterContinental Finance, "Mergers & Acquisitions Firm of the Year – Mexico," 2013
  • Member, Winning Team, Lawyers World Law Awards, "Mergers & Acquisitions Firm of the Year – Mexico," 2013
  • Member, Winning Team, DealMakers, "Law Firm of the Year - Mergers & Acquisitions - Mexico," 2012-2013
  • Member, Winning Team, Euromoney, "Deal of the Year - Project Finance" Award, 2012
  • American Chamber of Commerce, Energy Committee
  • American Chamber of Commerce, Electricity, Gas & Renewables Subcommittee

Credentials

Education
  • Ph.D., Doctorate of Law, with honors, Universidad Nacional Autonoma de Mexico, Instituto de Investigaciones Juridicas, 2013
  • LL.M., Comparative Jurisprudence, New York University School of Law, 1997
  • Licenciado en Derecho, with honors, Universidad Iberoamericana, Mexico, 1996
Admissions
  • Mexico
Languages
  • Spanish, Native
  • English