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Consultant

Job Category:
Legal Issues
Career Level:
Job Type:
Full Time
Positions:
1
Agency / Project:
UNDP
City/Location:
Islamabad
Country:
Pakistan
Posted On:
03 January, 2010
Last Date to apply:
14 January, 2010
Experience in years
2 to 4
Description:
 

Relevant Experience:

 

  • Proven past experience working in relation to Renewable Energy Sector
  • Excellent understanding of legislation, policies, mandates, and guidelines relating to RE in Pakistan
  • Understanding of associated RE models used globally relating to Net Metering/Wheeling
  • Excellent writing, communication, persuasive and presentation skills
  • Ability to work under a tight schedule and in a multi-disciplinary environment
  • Excellent team work skills and ability to coordinate amongst various sectors

Job Description:

 

Background
Pakistan has undertaken a number of projects to address environmental concerns including a large number of projects related to climate change. These efforts have also been undertaken to support economic policies aimed at reducing poverty. Exploration of renewable energy resources for utility scale power production as well as rural electrification and infrastructure development are key interventions under these policies. Phase I of the GEF-funded project “Sustainable Development of Utility-Scale Wind Power Production” (WEP) effectively commenced operations on October 1, 2006. The overall objectives of the full project are to avoid CO2 emissions by removing barriers to utility-scale Wind Energy production in Pakistan. Phase I has been designed to remove regulatory barriers and create an enabling environment for private sector investors for Wind Energy production. 
As part of its government institutional strengthening mandate under Phase I, WEP intends to develop the implementation of Net Metering/Wheeling applications, in order to promote Renewable Energy as part of the national power supply in Pakistan. The establishment of a functional and effective Net Metering/Wheeling Framework in Pakistan is expected to increase investment into Renewable Energy by associated proponents. The Government of Pakistan, in its commitment to developing Renewable Energy in Pakistan, has made a provision for Net Metering/Wheeling applications in its ‘Policy for Development of Renewable Energy for Power Generation 2006’. However, there is a need to initiate and establish a legal, regulatory and contractual framework, in order for proponents of Renewable Energy in Pakistan, to be able to adapt their Renewable Energy projects into the main electrical supply more effectively. On establishment of the same, it is anticipated that a pilot project will be installed so as to demonstrate the effective use of the Net Metering/Wheeling application. WEP has identified this activity as an integral part of its objective to remove barriers and facilitate the application of Renewable Energy, and in particular Wind Energy, into Pakistan’s national energy mix.
Objectives
The overall objectives of this assignment are to generate a model for a legal, regulatory and contractual framework to be implemented in Net Metering/Wheeling applications in Pakistan, with the broad aims of:
  • Providing a clear, definitive understanding between the ‘buyer’ (main grid electric supplier) and the ‘seller’ (private owner of installed net metering/wheeling distribution system) regarding all aspects related to the Net Metering/Wheeling program when installed
  • Presenting legal support for either party in the event of indirect/direct non-adherence to the agreement set forth, and hence increase buyer/seller confidence and security in implementing the program by means of coherent contractual obligations.
 
Methodology
An initial study regarding the different models being adapted globally in terms of a Net Metering/Wheeling legal, regulatory and contractual framework is proposed to be conducted. Following this, an intensive study regarding the current legislation available in Pakistan for Net Metering/Wheeling programs is proposed to be conducted. This will be in consultation with relevant government and institutional bodies including the Alternate Energy Development Board (AEDB), Ministry of Water and Power (MoWP), National Electric Power Regulatory Authority (NEPRA), National Transmission and Dispatch Company Ltd. (NTDC), Water and Power Development Authority (WAPDA) etc. In addition, regional power utilities/Distribution Companies (DISCOs) should be consulted regarding the electrical utilities in place with reference to their input and output requirements.
 
Based on the models identified from the aforementioned study as most apt for implementation in Pakistan, and relevant feedback from stakeholders as mentioned above, a workshop is proposed to be conducted in which all relevant stakeholder views and recommendations will be taken and incorporated into developing the legal, regulatory and contractual framework for this application. A binding agreement/contract between either parties shall be the primary outcome of this activity. Following this, the legal expert will be required to assist WEP and relevant stakeholders in implementing the model in place, during the installation
The study will be carried out by legal experts with a thorough understanding of Net Metering/Wheeling applications. Specific activities will include the following under two main components of implementation i.e:
 
Deliverables
Component 1– Development of Legal Framework for Net Metering/Wheeling Applications
A model of a legal, regulatory and contractual framework that can be adapted effectively in Pakistan, with respect to Net Metering/Wheeling applications will be developed in this component. The purpose of this component is to provide a legal, regulatory and contractual framework for Wind Energy Projects that will be used initially for a pilot project exhibiting Net Metering/Wheeling, as well as for future use by Wind Energy proponents/investors in Pakistan. The framework shall be developed based on models currently under utilization globally, as well as in collaboration with relevant government and electric supply authorities, including AEDB, MoWP, NEPRA, NTDC, WAPDA, relevant DISCOs, and regional government authorities e.g. Govt. of Sindh. Work to be included in this component is as shown but not limited to:
 
·         Review of Models: Selected models of Wind-Energy distributed generation facilities implementing Net Metering/Wheeling arrangements in successful use in other countries, shall be initially examined and reviewed. The models identified will be with regard to small investor owned facilities, and not large IPP based facilities which are financed by means of non-recourse financing.
·         Review of Framework of Models: The legal, regulatory and contractual framework supporting the selected models will be analysed thoroughly with reference to their application for successful Net Metering/Wheeling arrangements.
·         Review of Framework in Pakistan: The current legal, regulatory and contractual framework regarding Net Metering/Wheeling applications in Pakistan will be analysed in collaboration with relevant authorities and documentation.
·         Comparison of Models: A detailed comparison of the models identified from other countries will be compared with that in Pakistan, in order to short-list the models that could be applied within Pakistan most effectively.
·         Selection of Appropriate Models: Based on the aforementioned activities, 2-3 models will be shortlisted, based on small investor-owned, profit-driven, distributed Wind Power generation facilities, implementing Net Metering/Wheeling applications.
·         Draft of Legal, Regulatory and Contractual Framework: A draft (in the form of a report), assessing all factors associated with the models shortlisted shall be generated, in order to clearly list all possible impacts and outcomes, and relevant mitigation measures if required (including all additional relevant material). The draft shall be submitted to WEP and other relevant stakeholders identified for feedback.
·         Workshop(s) on Legal, Regulatory and Contractual Framework: The recommended models, as per the draft report, shall be presented to relevant stakeholders by the legal expert(s) at workshop(s) (as required), in order to gain their feedback and input.
·         Modification of Framework: Following the workshop, incorporate the suggestions and feedback of the stakeholders into the model found most suitable to be adapted in Pakistan. Additionally, recommendations from any required legal or regulatory changes or directives required by the regulator should be included in this activity.
·         Finalization of Framework: A simple, readily-implementable and effective contractual framework will be submitted following the aforementioned in the form of a contractual document. Any adjustments required to be made will be adapted.
·         Negotiation of Framework: The contractual framework put in place will be required to be negotiated with potential power purchasers for in-principal acceptance of the terms and conditions of the contracts for signing.
 
 
Component 2 – Implementation of Pilot Project
Following the completion of Phase 1, the legal expert(s) will be required to work with WEP and other relevant authorities to implement the pilot project, based on the aforementioned final legal, regulatory and contractual model.
 


Education
Must Degree Degree Level Country Description
YesMasters Degree in Law (L.L.M)Masters DegreePakistanCountry (Foreign, Local, No preference): No Preference

Skills
Must Title Level Description
YesL.L.M with experience in Renewable Energy Sector Good  • Proven past experience working in relation to Renewable Energy Sector • Excellent understanding of legislation, policies, mandates, and guidelines relating to RE in Pakistan • Understanding of associated RE models used globally relating to Net Metering/Wheeling • Excellent writing, communication, persuasive and presentation skills • Ability to work under a tight schedule and in a multi-disciplinary environment • Excellent team work skills and ability to coordinate amongst various sectors