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Diego Pena

Diego Peña

Partner
Santiago
About

Diego Peña co-leads the Energy and Natural Resources practice group of DLA Piper in Chile and LatAm.

He provides advice to local and foreign clients in relation to the acquisition, feasibility assessment, development and operation of resource projects and major infrastructure projects. He assists clients with negotiating the full range of commercial agreements associated with the acquisition and development of projects, identifying and obtaining necessary approvals and resolving associated contentious matters.

Diego is typically engaged by clients early, at the project origination stage, so he can assist with scoping and feasibility assessment, development strategy, the management of critical path approvals, government liaison and stakeholder management. Therefore, he is normally involved from the early-stage developments of projects, until their financing, construction, commissioning, and execution of operating and supply agreements.

Diego has relevant experience advising in all matters related to private and public infrastructure projects, such as maritime and terrestrial ports and large-scale industrial facilities, desalination plants, LNG terminals, green hydrogen and renewables (hydro, wind, biomass and solar energy plants), and transmission infrastructure, including drafting and negotiating EPC, EPCM, BOT or O&M agreements, among others.

Diego also regularly provides advice to a range of clients, such as financial institutions and private investors, on energy transition matters and PPP, and assists underwriters in the assessment of resource projects.

He has experience developing projects in Chile, Perú, Colombia, Uruguay, Nicaragua and Australia.

Areas of FocusCorporateRenewablesEnergy and Natural ResourcesInfrastructure, Construction and Transport

EXPERIENCE

CarbonFree Technology Inc: Advised during all stages of development of photovoltaic power plants, from the due diligence processes in a greenfield stage until the acquisition, execution of the EPC and O&M agreement, and the operation stage of the power plants, performing due diligence and advising in the successful acquisition of more than 50 power photovoltaic plants in the last years, most of them now operating.

SUSI Partners A.G.: Advised the client, a Swiss energy transition fund that conducts sustainable energy infrastructure investments, in the execution of a Framework Agreement with Biwo Renovables S.A. for the purchase, development, construction, operation and maintenance of a portfolio of power plants, including PV solar and wind power plants, for approximately 243.6 MW in total capacity.

BEE SUDAMERICA S.L.(Blue Elephant): Advise in the formalization of a joint venture with local developer and EPC contractor oEnergy, for the development, construction, financing, debt structuring, operation and maintenance of 12 PV solar plants totaling approximately 120 MWp.

Solarcentury Chile SpA: Advised the client in the bidding process carried out by the Ministry of National Assets, to obtain a concession of public lands for the development of three utility scale solar PV projects;

American Tower Corporation: Advised on the purchase of assets from Entel in Chile and Peru (US$ 772 million)

The Coca Cola Company (USA - Chile) - Andina - Embonor: Advise on the purchase of 100% of Comercializadora Novaverde S.A.- "Guallarauco" (US$ 80 million).

Solar Century SpA: Advised on development of a portfolio of photovoltaic projects, including Doña Carmen Project (Photovoltaic Solar Plant) with Energía Cerro El Morado SA (US$ 40 million).

Ecoser S.A.: Advise to the client's shareholders on the sale of 100% of the company's shares (US$23 million).
Languages
  • Spanish
  • English
Education

  • Pontificia Universidad Católica de Chile, Engineering School, Diploma in Future Electricity Markets and their Regulation, 2021

    Northwestern University, LL.M. (Master of Laws), 2012

    IE Business School, Certificate in Business Administration, 2012

    Universidad de Chile, Law Degree (J.D.)   2008
  • Certificate in Business Administration, IE Business School 2012
  • Law, Universidad de Chile Santiago School of Law 2008
  • Law, Universidad de Chile Santiago School of Law 2008

Awards

The Legal 500 Latin America

  • Recommended, Latin America: International Firms Projects and Energy (2023 – 2024)
  • Recommended, Chile Energy and Natural Resources: Electricity and Hydrocarbons (2024)
  • Next Generation Partner, Chile Projects and Infrastructure (2023 – 2024)
  • Rising Star, Chile Projects and Infrastructure (2021 – 2022)
  • Recommended, Chile Energy and Natural Resources: Electricity and Hydrocarbon, Oil and Gas (2018 – 2019, 2021 – 2022)
  • Recommended, Chile Corporate and M&A (2019)
  • Next Generation Partner, Chile Corporate and M&A (2018)
  • Recommended, Chile Projects and Infrastructure (2018)
Additional Recognitions
  • Best Lawyers, Energy Law (2020 – 2023)
  • IE Foundation Scholarship
  • Outstanding Practice Award (Corporación de Asistencia Judicial)

Publications

“Alerta Legal: Chile publica ley para conservar la diversidad biológica y proteger el patrimonio natural del país” September, 2023

Prior Experience

Before joining the firm, Diego worked as associate at two prominent Chilean law firms.

Teaching Experience

Professor, Energy Law and Project Development, School of Law of Universidad Adolfo Ibáñez (2014 – present);

Professor in Environment and Sustainable Development graduate program (Diploma), Pontificia Universidad Católica de Chile (2022 – present)

    Memberships And Affiliations

    • Chilean Bar Association

    My latest insights

    Publication

    Chile’s Ministry of Energy publishes Green Hydrogen Action Plan 2023–2030

    24 May 2024 .3 minute read

    Publication

    Chile’s National Lithium Strategy: Enami opens call for expressions of interest for...

    23 May 2024 .4 minute read

    Publication

    Chile’s National Lithium Strategy: Government opens Request for Information from mining...

    24 April 2024 .3 minute read

    View All

    Connect

    Phone

    +56-2 2798 2605
    (Work, Santiago)
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