December 2018 Handle with care | Page 11

News Juan C. Serra, partner at Basham, Ringe y Correa opposition to projects from local communities.” Serra says states such as Oaxaca, Chiapas and Tabasco have demonstrated the greatest resistance to such projects, given that they have “more conservative communities that are opposed to the presence of large companies, either local or multinational, that can affect the natural resources of the community”. He continues: “While it is difficult to say if social resistance to projects will increase, as that will depend on their location, mitigating such opposition will depend on good negotiations and communication between developers and communities in order to obtain a so-called ‘social licence’ to avoid a project being halted by conflict.” Rodríguez says that, as the auctions have progressed, some law firms have seen their role change. “In the first auctions, our role was more regulatory and administrative, ensuring that our clients understood the process to achieve qualification, but as our clients began to understand the process, our role has shifted to challenging decisions and, in the case of contracts already awarded, the modification of those, and we have also successfully counselled clients on engineering, procurement, construction and financing contracts.” Rodríguez says the biggest challenge for clients is procuring financing, given the long-term contracts involved, the fluctuating price of electricity on the spot market and the low prices offered at auction, which dropped to a record low of $20 per megawatt-hour in 2017. He adds: “Developers have to be very clear about entering into commitments they may not be able to meet having not properly analysed the technical, financial and legal aspects in the rush to satisfy the demands of an electricity generation contract.” In the third long-term power auction, which was held in November 2017, solar achieved a world record average price of US$20.57 per megawatt-hour. Companies assigned projects in the auction included Enel Group and Canadian Solar Energy Mexico. U.S. & INTERNATIONAL LAW GLOBAL REACH. LOCAL GRASP. Miami-headquartered Diaz, Reus & Targ LLP offers a global practice centered around national and international parallel proceedings and transactions, with Board Certified lawyers in international, criminal, and immigration law: • • • • Sovereign trade, commerce, banking, real estate, intellectual property, capital markets, finance Fraud, civil litigation, arbitration Investigations, asset identification, location, tracing and recovery White collar crime, regulatory, criminal investigations and defense in matters of corruption, bribery, money laundering, Foreign Corrupt Practices Act, OFAC, Magnitsky Act, Specially Designated Na- tionals, Bank Secrecy Act • Politically sensitive investigations including the recovery of U.S. immigration status and visas • Sports and entertainment law 23 OFFICES IN 19 COUNTRIES: USA, LATIN AMERICA (VENEZUELA, ARGENTINA, BRAZIL, CHILE, COLOMBIA, DOMINICAN REPUBLIC, GUATEMALA, HONDURAS, MEXICO, PERU, PANAMA), EUROPE, MIDDLE EAST AND RUSSIA. www.diazreus.com www.thelatinamericanlawyer.com December 2018 • THE LATIN AMERICAN LAWYER • 9