Scott Brodsky is an energy and projects lawyer and co-managing partner in the Johannesburg office. He has more than two decades of experience advising sponsors, project companies, financiers, governments and financial advisers on projects in Africa; the United Kingdom; Western, Central and Eastern Europe; the Indian sub-continent and Asia. Mr. Brodsky is recognized for his work in energy projects in the EMEA and UK editions of Legal 500 as well as in Chambers Global.

Practice Focus

Mr. Brodsky has advised on a broad range of projects in the power, renewable energy, oil and gas, transport and other infrastructure sectors. He also focuses on restructurings and insolvencies arising out of project financings, and on the acquisition and disposal of project assets.

Representative Legal Matters

Power

• Anglo American: Advising Anglo American on a number of power projects in South Africa and neighbouring countries.
• MTPPP, South Africa: Advising a number of power developers on the Medium Term Power Purchase Programme in South Africa, including providing detailed comments and advice on the MTPPP PPA.
• PNCP, South Africa: Advising a number of power developers on the Pilot National Cogeneration Programme in South Africa, including advising on PNCP PPA, attending bidders conference on behalf of clients, and preparing detailed request for clarifications and improvements to PPA on behalf of clients.
• Rabai Power Project Kenya: advising major international bank as senior creditor and hedge provider in relation to the Rabai power project in Kenya, including advising on project agreements and drafting, negotiating and advising on financing and hedging documentation.
• Moatize Power Plant, Mozambique: Advising AES on its bid to develop two proposed coal-fired power plants.
• Benga Power Project, Mozambique: Advising developer in relation to this mine mouth project in Mozambique.
• South African Peaker Projects: Advising AES on its bid to develop the Peaker projects comprising two oil-fired power stations to be located in Kwa-Zulu Natal and Port Elizabeth.
• ABA Power Project, Nigeria: Advising Geometric Power as developer of the first project financed IPP in Nigeria.
• Csepel Power Project, Hungary: Advising Calyon as arranger and Agent on the financing of this power project in Hungary, including in relation to the change of ownership from NRG to ATEL and the implications of EU accession; subsequently advising Calyon on proposed refinancing.
• Madina Al-Jubail IPP, Saudi Arabia: Advising SADAF on this US$200 million project financed captive power plant at SADAF's petrochemical facilities in Saudi Arabia; this ground-breaking project was the first IPP and the first fully limited recourse financed project in Saudi Arabia.
• Gul Ahmed Power Project, Pakistan: Advising lenders, led by ING, on all aspects of this 135 MW power project being developed in Karachi, including advising on the bankability of and negotiating the key project documents, drafting and negotiating all financing and security documentation, and advising on and negotiating ECA support documentation with Wartsila, FEC and FGB of Finland.
• Bobov Dol, Varna, and Russe, Bulgaria: Advising CSFB and the Bulgarian Privatisation Authority in relation to the privatisation of these three power stations, including working with NEK as offtaker and drafting and negotiating new PPAs.
• Teesside and Shotton Power Projects, UK: see Restructuring and Insolvency below.
• Haripur Power Project, Bangladesh: Advising AES on all aspects of this 360 MW IPP, including the Implementation Agreement, Power Purchase Agreement, Fuel Supply Agreement, Land Lease Agreement and negotiating financing documents with international banks and IFC.
• Meghnaghat Power Project, Bangladesh: Advising AES on all aspects of this 450 MW IPP, including the Implementation Agreement, Power Purchase Agreement, and Fuel Supply Agreement and Land Lease Agreement.
• Tractebel Khaleej Power Project, Pakistan: Acting for the project company on 450 MW combined cycle power project in Karachi, including negotiating all project documentation and advising on proposed financing.
• IPP and SPP, Thailand: Advising HEW as bidder for a stake in a company developing in IPP and in SPP in Thailand, including carrying out a thorough due diligence review of all project documents.
• Bangladesh IPPs: Advising bidder on three small IPPs in Bangladesh, including preparing risk analysis of core project documents.
• Hub Power Project, Pakistan: Member of team acting for project company on this 1292 MW power project.
• Rybnik Power Project, Poland: Advising Marubeni in connection with the proposed acquisition of a stake in the Rybnik Power Station in Poland.

Renewables

• REFIT, South Africa: Advising developers on the proposed Renewable Feed In Tariff programme in South Africa, including carrying our detailed reviews of the Phase 1 and Phase 2 Guidelines and proposed REFIT PPA, comparing same to MTPPP PPA, and preparing detailed comments on same; helping prepare clients for NERSA public consultation process, including preparing draft written submissions to NERSA on Guidelines and PPA on behalf of clients; preparing suite of project documents including PPAs from a private sector perspective.
• Wind Projects, South Africa: Advising a number of developers on their proposed wind projects in South Africa.
• Wind Project, Lesotho: Advising a potential equity investor in its proposed participation in a wind project in Lesotho, including advising on the risk allocation in and bankability of the PPA.
• Wind Project, Kenya: Advising a potential equity investor in its proposed participation in a large wind energy development in Kenya, including advising on the risk allocation in and bankability of the PPA, EPC and related project documents.
• Solar Projects, South Africa: Advising a number of both CSP and PV developers on their proposed solar projects in South Africa.
• Aeolus Wind, Namibia: Advising Aeolus Wind on the first project financed wind projects in Namibia, including drafting PPA and negotiating same with NamPower as offtaker.
• BioTherm Energy, South Africa: Advising BioTherm Energy on a number of renewable and cogeneration power projects in South Africa.
• Promethium Energy, South Africa: Advising Promethium energy in relation to the development of wind projects in South Africa.
• Itezhi-tezhi and Kariba North Bank Extension: Advising developers on two hydro power projects in Zambia.
• Energy Power Resources Limited, UK: Advising Macquarie Bank Limited through its subsidiary MEIF Renewable Energy Limited acquired Energy Power Resources Limited, a company which owns, operates and develops renewable energy power stations (including five biomass plants, fuelled by poultry litter, straw, meat and bone-meal, and a 50 percent holding in two UK wind farms).
• Thanet Offshore Wind Farm, UK: Advising international bank providing initial debt and equity financing to this 300MW offshore project currently under development; subsequently advising on sale of debt and equity to new investors.
• Braes of Doune Wind Farm, Scotland: Advising Barclays and HBOS as potential lenders to this Airtricity project.
• Snugborough Wind Farm, Ireland: Advising Barclays on the limited recourse project financing of this Airtricity project.
• Ardrossan Wind Farm, Scotland: Advising Barclays on the limited recourse project financing of this Airtricity project.
• Ballycogly Wind Farm, Ireland: Advising Enron Wind on the development of this Enron Wind project, including offtake and construction arrangements.
• Slieve Rushen Wind Farm, Ireland: Advising Enron Wind on the development of this Enron Wind project, including offtake and construction arrangements.

Oil and Gas

• Pipeline Project, South Africa: Advising developer on proposed pipeline project in South Africa.
• Brindisi LNG Regasification Project, Italy: Advising BG on the development of this proposed EUR390 million LNG import project, which is being developed to receive, store and regasify 6 million tonnes of LNG per year; including drafting and negotiating share sale and purchase agreement for sale of 50 percent stake to ENEL, drafting and negotiating project development and shareholders agreement, and most recently drafting and negotiating documentation in respect of ENEL's exit from the project.
• Sasol/Chevron Gas-to-Liquids Worldwide Joint Venture: Acting for Sasol on its global joint venture with Chevron to implement gas-to-liquid projects worldwide.
• Escravos Gas-to-Liquids Project: Advising Sasol on the development of this USD1billion project in Nigeria.
• Metgas Project, India: Advising the project sponsors on the development and project financing of a USD2 billion LNG procurement and tanker transportation, gas sales and pipeline transportation project.
• Pipeline Project, Indonesia: Advising the sponsors on the project documentation and financing of an oil pipeline project in Bali, Indonesia.
• Sui Northern Gas Project, Pakistan: Acting for the Privatisation Commission in relation to the privatisation of Sui Northern Gas.
• Pipeline Project, Pakistan: Acting for development bank providing financing for the pipeline to serve the Hub and Fauji power stations.

Transport

• Litoral Centro Project, Portugal: Advising Portuguese and international lenders on all aspects of this toll road project in Portugal, including concession and construction documentation and preparing and negotiating financing, sponsor support and security documents.
• Jakarta International Airport, Indonesia: Acting for the Indonesian Government on the proposed privatisation of Jakarta International Airport.
• Tagus Bridge Project, Portugal: Acting for the project company on the second Tagus crossing project in Lisbon, including advising on concession and other project documents and financing documentation.
• DBFO Roads, UK: Acting for EIB as financier for the first four DBFO roads projects in the UK.
• Canary Wharf/ Jubilee Line Extension: see Restructuring and Insolvency below.
• Second Stage Expressway, Thailand: Acting for project company in relation to the injection of additional financing into this toll road project in Bangkok.
• Tate's Cairn Tunnel Project, Hong Kong: Acting for project company and advising on all aspects of this project, including enabling legislation, concession and other project documents, and financing.
• Macau Airport Project: Acting for financial advisers to project company and advising on the concession and other project documentation for this airport project.

Other Infrastructure

• M'Sila Cement Project, Algeria: Advising Citibank and EKF on the financing of a two million tonnes per annum cement project being developed by Orascom Construction Industries in Algeria; this was the first project to be successfully project financed in Algeria since the 1970s and included financing facilities from EIB.
• Hotel project, Namibia: advising developer on hotel development project in Windhoek, including in relation to the financing thereof.
• Lafarge Surma Cement Project, Bangladesh: Advising the project company on the development of an integrated cement plant with a capacity of 1.2 million tonnes per annum in north-east Bangladesh linked to a quarrying and crushing facility at a mine located in Meghalaya, India, and the construction of a cross-border conveyor belt for the transportation of limestone; the financing included facilities from IFC, DEG, ADB and EIB.
• EBRD Projects, Romania: Advising EBRD on English law aspects of a number of its investments in Romania.
• Musi Pulp And Paper Project, Indonesia: Advising co-arranger on the project documents and financing and security documentation.
• Mobile Telephone Network, Thailand: Acting for the project company on the project for the third mobile telephone network in Bangkok.
• Island East Transfer Station, Hong Kong: Acting for sponsor of waste transfer and property development project.
• TelecomAsia Project, Thailand: Acting for financial advisers to project company on this project for the two million line expansion of the Bangkok telephone system.
• Holiday Inn Shanghai: Acting for Holiday Inn on the refinancing of this hotel project in the PRC.
• Muang Thong Thani Project, Thailand: Acting for arranger of financing for satellite city project in Bangkok.

Restructuring and Insolvency

• Teesside Power Project, UK: Leading team of five partners and more than 16 other lawyers advising large syndicate of lenders, led by Barcap, on all aspects of this 1725 MW power project in Teesside, England, including in relation to the implications of the collapse of Enron and subsequent financial difficulties of British Energy; the contractual structure is highly complex and is underpinned by some 2,000 contracts.
• Shotton Power Project, UK: Leading Projects team, and coordinating with insolvency team, advising lenders led by Bank of America and PwC as administrative receiver on all aspects of this power and steam project following the collapse of TXU as tolling contract counterparty, including on the sale of the Shotton and Stallingborough power stations, claims under the tolling contract, and dealing with Elexon and Ofgem to effect required changes to BSC to permit the return of security deposit; this was the first power station in the UK permitted to generate and trade electricity whilst in receivership.
• Canary Wharf/Jubilee Line Extension: Member Advising EIB as finance provider for this project in London's Docklands, in connection with the restructuring of the Canary Wharf development.

Professional Associations and Memberships

• Law Society of England & Wales - Member

Admission

England & Wales~United Kingdom (1987)

Education

College of Law of England and Wales  (Law Society Finals Honors) (1985)
University of Cambridge  (M.A. Honors) (1984)