Atria Energía – Regularization of Environmental Management Instrument

Client Requirement: Our client requested our assistance to confirm whether it was in compliance with the environmental laws or not. Our participation: Within our research we found out that one of its power plants did not count with an environmental assessment. In order to understand such status, we reviewed historical information of the power plant and the regulation that was in force in the year 2009. At that time, the only environmental request to get a power generation concession (with the characteristics of our client’s project) was the obligation to file a simple affidavit stating that the company commits to comply with technical standards for the conservation of the environment and the cultural heritage of the Nation. In time, that requirement of the law changed and later on an environmental assessment was considered instead of a simple affidavit. This new regulation also contemplated that the projects that were approved based on a simple affidavit should file an environmental instrument called Detailed Environmental Plan (PAD by its acronyms in Spanish). Client benefit: Due to our accurate review, our client could act on time to take initial steps to regularize the lack of an environmental instrument through the PAD.

Matter value – include currency and amount in figures :

Not applicable

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No

Lead partner :

Jose Antonio Honda

Other team members :

Ursula Wismann Ricardo Barrantes

Other firms advising on the matter and their role(s) :

Date of completion or current status :

Ongoing