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Thailand’s Solar Business Regulatory Framework

The Thai electricity supply industry operates through a state-owned scheme under which private businesses are classified into three types: (i) IPP (Independent Power Producer), (ii) SPP (Small Power Producer) and (iii) VSPP (Very Small Power Producer). As these names imply, classification is based on production capacity, with IPP having total production capacity exceeding 90 MW and SPP and VSPP having capacities between 10 to 90 MW and less than 10 MW, respectively. IPP and SPP are obligated to sell all of their outputs to the Electricity Generating Authority of Thailand (“EGAT”), while VSPP only may sell to the Provincial Electricity Authority (“PEA”).
Provided that a bidding system is utilized for selecting IPP project operators, bidders typically are driven to enter…To read the full article, please see the PDF file

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Natural Resources & Energy Newsletter (September 28, 2021) (298 KB / 6 pages) Download PDF [299 KB]

Authors

松平 定之

Sadayuki has a wealth of experience in supporting international clients in projects, transactions, and businesses in the energy sector. Sadayuki advises his clients on the best solutions for achieving their business goals based on his deep understanding of the relevant laws and regulations and practices in the full energy supply chain. He also has expertise in carbon-neutral projects and businesses, such as renewable power projects and hydrogen projects, as well as pioneering businesses involved in recent developments in the electricity market and the regulations thereon. Sadayuki serves as a member of an industrial safety rules committee and a hydrogen safety strategy committee, both of which were established by the Ministry of Economy, Trade and Industry of Japan, and also is a member of an electricity capacity market committee, which is part of the Organization for Cross-regional Coordination of Transmission Operators, Japan (OCCTO).

ジラポン・スリワット

He advises on a wide range of merger-and-acquisition transactions, joint ventures, foreign direct investments, general corporate, international corporate finance, and restructurings. His expertise is advising, structuring and leading complex transactions both within and outside of Thailand. He regularly represents, among others, Japanese, Thai and international investors, international investment banks, international private equity investors, hedge funds and international corporations and financial institutions. His main areas of practice include public and private mergers and acquisitions (takeover rules), legal due diligence, joint ventures, fund raising, listings, block trades, stock exchange and securities exchange related laws, restructuring of shareholdings and general corporate advice. His additional areas of practice also cover banking and finance, renewable energy in Japan and Thailand, exchange control law, labor law, and debt restructurings. Before setting up the Bangkok office of Nishimura & Asahi in 2013, he worked with Linklaters for almost a decade. He is also a registered arbitrator of the Thai Arbitration Institute (TAI) with the areas of expertise in corporate M&A, joint venture, banking and finance, capital markets, debt restructurings and energy.

アピンヤー・サーンティカセーム

Apinya’s extensive practice covers a wide array of matters ranging from business set-up, domestic and cross-border transactions to day-to-day business operations, to name a few. Her clientele includes both local and international conglomerates, trading companies, aircraft operators, real estate developers, petroleum and energy companies, financial institutions, securities companies, venture capitalists, and fund managers. Well-read and a holder of law degrees from three different jurisdictions - Thailand, the United States and Japan, Apinya is able to leverage her international experience and cultural insights to effectively and efficiently resolve complex cross-border legal issues and provide tailored legal services and solutions to her clients. In addition to being a practicing lawyer, Apinya is regularly invited to teach business law at various prestigious universities in Thailand, and serves as a counsellor to the Ad-hoc Committee of the House of Representatives of Thailand for consideration of amendments to the Civil and Commercial Code. Her other notable achievements include being registered as a Barrister-at-Law, Attorney-at-Law, and Notarial Services Attorney in Thailand.