nicolas.borda@haynesboone.com PRACTICES: Energy, Power and Natural Resources, Oil and Gas, Corporate, Midstream, Liquefied Natural Gas (LNG), Mining and Metals, International, Mexico, Latin America and the Caribbean, Mexico Energy Reform; INDUSTRIES: Government Contracts; TRENDING ISSUES: Hydraulic Fracturing, Mexico Energy Reform MEXICO CITY T +52.55.5249.1867 F +52.55.5249.1801 EDUCATION AND CLERKSHIPS LL.M., University of Texas School of Law, 1994, Associate Editor, International Law Journal Law Degree, Universidad Iberoamericana, 1993 BAR ADMISSIONS Mexico New York Nicolas Borda focuses his practice on all facets of oil and gas (upstream, midstream and downstream), power and renewable energy projects. Nicolas is licensed to practice law in Mexico and in New York. He advises clients in international and cross-border transactions, regulatory, mergers and acquisitions, energy infrastructure project development (including municipal, state and federal permits) and real estate matters (including rights of way, easements, agrarian law), government procurement, public policy, anticorruption, compliance and dispute resolution. Nicolas represents companies involved in the Round One public bidding process of hydrocarbon blocks for production-sharing contracts and licensing agreements being conducted by the National Hydrocarbons Commission (CNH) and negotiations of joint ventures with Pemex affiliates. He has also been active in downstream regulatory issues (storage, transportation, trading and import of different fuels) before the Energy Regulatory Commission (CRE) and the Ministry of Energy. Nicolas has been very active in 2015 and 2016 with the public bids of Federal Electricity Commission (CFE) to develop natural gas transportation pipelines, the public auctions of CENACE in connection with the new electricity market and the representation of large offtakers in the different alternatives to optimize electricity supply. Nicolas has been ranked by Chambers Latin America, Chambers & s, as Band 1 in energy and natural resources in Mexico in 2012-2016. Nicolas currently chairs the Energy Committee of the National Association of Corporate Counsels (ANADE). Nicolas has lectured at several universities, including the University of Texas at Austin, Georgetown University, Tulane University and ITAM University. Selected Client Representations Oil and Gas Represented U.S. company in the development of a pipeline to import natural gas from the United States to Monterrey, Mexico. Represented U.S. company during 2015 and 2016 in many public bidding processes before the Federal Electricity Commission (CFE) for the award of a natural gas COPYRIGHT 2016. ALL RIGHTS RESERVED. 1
transportation agreement to import natural gas from the U.S. into Mexico or transport natural gas within Mexico. Represented U.S. company in the import of B-30 and biodiesel into Mexico. Represented a U.S. company in the storage of marine terminals to import fuels from the U.S. Represented a U.S. company in Round 1.1, 1.2 and 1.4 issued by the National Hydrocarbon Commission (CNH) to award production sharing contracts and license agreements in offshore shallow and deep water blocks. Represented a South American company in a migration of a service contract with Pemex into an E&P contract. Represented a petroleum engineering firm on the drafting of well integrity and well identity regulations. Represented bidders in the first three rounds of mature fields of Pemex Exploration & Production under their new model contract with capex recovery and a fee per barrel. Represented consortium who won a block derived from the public bids issued by Pemex Exploration & Production for the exploration, production, transportation and processing of natural gas in the Burgos Basin (Multiple Services Contracts). Represented U.S. company in the purchase of a refinery in South America. Represented a natural gas distribution company in Hermosillo-Guaymas-Empalme Geographic Zone in Sonora, Mexico to win the public bid for the first natural gas distribution permit issued by the. Represented the Ministry of Energy of Mexico in the privatization of the secondary petrochemical sector. Represented the Bolivian government in the capitalization of their state oil company (YPFB) and in drafting their E&P model contracts and hydrocarbons law. Represented U.S. company in the development of an LNG terminal in Altamira, Tamaulipas. Represented joint venture in the planning of an LNG project in Baja California, Mexico. Represented Canadian company in the financing of new EOR technology for pilot programs in Mexico. Represented U.S. sellers in the sale of a natural gas distribution company. Represented Gas Natural del Noroeste for more than 15 years in regulatory matters, including in the negotiation and execution of hedging, transportation, gas purchase, capacity reservation, distribution, interconnection, and construction agreements, with Pemex Gas & Basic Petrochemicals and other third parties. Represented Dutch company in all issues related to the public bid for the transportation and installation of marine platforms in the Gulf of Mexico. Represented Canadian company in connection with coalbed methane gas projects in Mexico for self-supply or delivery to Pemex. Represented IPP in the obtainment of self-supply natural gas transportation permits before the Energy Regulatory Commission. Represented several companies to regularize agrarian (ejido) property to develop oil and gas projects. Represented consortium regarding the public bid for natural gas distribution issued by the Energy Regulatory Commission in the Bajio Norte Geographic zone. COPYRIGHT 2016. ALL RIGHTS RESERVED. 2
Represented company in the sale and installation of subsea equipment to Pemex for the Lakach deepwater project. Represented company in remotely operated vehicle (ROV) services to Pemex and Pemex contractors. Represented company in the supply of capping stack to Pemex. Represented company in the sale of Christmas trees to Pemex. Represented company regarding drilling contracts with Pemex. Power and Alternative Energy Represented a Canadian mining company in public policy matters to allow private sector to participate in the exploration and production of uranium in Mexico; work with Ministry of Energy. Represented a very large offtaker to analyze its options to purchase capacity, energy and clean energy certificates (CELs). Representing a company in the sale of MW to CFE in the long term auction issued by CENACE. Represented a company that had gamma ray technology for perishable products to export from Mexico; worked with National Institute of Nuclear Research. Represented a company in connection with regulatory matters before the Comision Nacional de Seguridad Nuclear y Salvaguardas (CONASENUSA) Mexico's Nuclear Regulatory Agency. Represented a Canadian company in the procurement of yellow cake to Laguna Verde nuclear power plant in State of Veracruz, Mexico. Represented buyers in the purchase of a company to develop a wind power project in Oaxaca. Represented developer in a 50-MW greenfield cogeneration power plant in Southeast Mexico. Represented a Spanish company in corporate, M&A and agrarian matters for the development of a wind power project in the State of Oaxaca. Represented Canadian company to develop mini hydraulic projects in certain dams and rivers in Mexico. Represented several French companies in natural gas regulatory matters. Represented several companies to regularize agrarian (ejido) property to develop mining projects. Represented consortium in a bidding process who was awarded with a contract for the design, construction and operation of a desalinization plant in Sonora, Mexico. Represented U.S. company to export electricity into Mexico. Represented U.S. company to import electricity into Mexico. Represented U.S. company in a gas supply agreement for an IPP. Represented Mexican off-taker to recover from the Federal Electricity Commission. Represented several companies to regularize agrarian (ejido) property to develop power projects. Dispute Resolution COPYRIGHT 2016. ALL RIGHTS RESERVED. 3
Represented major oil field service company in the settlement of commercial litigation and of an ICC arbitration for breach of contract. Represented an EPC contractor in a force majeure claim against a developer of a natural gas pipeline. Represented a developer of a ethane pipeline against an EPC contractor claiming force majeure. Represented natural gas distribution company in several landmark administrative litigations to obtain reimbursement of funds (principal, inflation and interest) from the collection of a Letter of Credit by the Energy Regulatory Commission (CRE). Represented joint venture company in commercial litigation and ICC international arbitration related to a natural gas self-supply partnership. Represented natural gas company in an arbitration proceeding before the Energy Regulatory Commission. Represented French company in an antitrust claim filed before the Federal Antitrust Commission in connection with a potential merger of two natural gas distribution companies in Monterrey, Mexico. Represented U.S. company to annul the administrative rescission process in a procurement contract to supply refrigeration equipment to Pemex Petrochemicals. Represented major construction company to settle claim against CFE, the Mexico City public utility company. Represented company in two commercial disputes involving artificial lifting equipment. Mining Represented a U.S. mining company in connection with public policy issues related to radioactive minerals. Represented a Mexican mining company to develop coal bed methane gas projects in Mexico. Represented a consortium in a public bid process issued by Pemex for underground storage of hydrocarbons. Represented a Canadian company in connection with an underground waste storage in salt domes. Some of the above representations were handled by Mr. Borda prior to his joining Haynes and Boone, LLP. Professional Recognition Recognized in Latin Lawyer 250, Law Business Research Ltd., 2016 Ranked in Band 1 in Chambers Latin America in Energy and National Resources in Mexico, Chambers & s, 2012-2016 Recognized in Euromoney s Expert Guide to the World s Leading Experts in Energy Law, Euromoney Institutional Investor PLC, 2013-2016 Recognized in The Legal 500 Latin America, Leading Energy and Natural Resources COPYRIGHT 2016. ALL RIGHTS RESERVED. 4
Lawyers, Legalese, 2012-2016 Recognized in World s Leading Energy and Natural Resources Lawyers, Euromoney Legal Media Group, Euromoney Institutional Investor PLC, 2012-2016 Recognized in Best Lawyers Mexico, Natural Resources Law - Energy, Oil & Gas, Project Finance and Development Practice, Woodward/White, Inc., 2008-2016 Professional and Community Activities National Association of Corporate Counsels (ANADE), Chairman, Energy Committee, 2013-Present Mexican Bar Association, Chairman, Energy Committee, 2010-2012 National Association of Corporate Counsels, Board of Directors, 2009-2010 Mexican Academy for Energy Law, Founding President, 2000-2004 Universidad Iberoamericana Law School, Mexico City, Professor, Energy Law, 1997 Institute for Energy Law, Advisory Board World Energy Council, Mexican Chapter, Legal Advisor Association of International Petroleum Negotiators (AIPN) Mexican Association of Energy Economics Mexican Bar Association National Association of Corporate Counsel New York State Bar Association Rocky Mountain Mineral Law Foundation U.S.-Mexico Bar Association Selected Publications and Speeches EnergyBuzz: Opportunities, Challenges in Mexican Energy Reform, Texas Lawyer, November 24, 2014. Reforms Open Mexico to Foreign investors, Co-Author, Law Week Colorado, September 15, 2014. Shale Boom Crosses Borders, quoted, Houston Business Journal, May 16, 2014. Mexico: Spicing Up the North American Energy Revolution, quoted, Oil & Gas Financial Journal, May 2014. Panel discussion on the Mexican Energy Reform and Doing Business in Mexico with Canadian companies during the Visit of the Canadian Prime Minister to Mexico, Speaker, Energy Task Force at the Nordic Chamber of Commerce in Mexico City, Mexico, February 18, 2014. Constitutional Reform on Mexican Energy Sector, Energy Task Force at the Nordic Chamber of Commerce in Mexico City, Mexico February 14, 2014. Mexico s Energy Reform: A New Chapter for the Oil and Gas Sector, The University of Texas School of Law and Association International Petroleum Negotiators (AIPN) CLE: 2014 International Upstream Energy Transactions Conference, Houston, TX, January 31, 2014. Régimen Jurídico de los Hidrocarburos, Speaker, Post graduate degree in Energy Law at Escuela Libre de Derecho, México, D.F., October 2013. COPYRIGHT 2016. ALL RIGHTS RESERVED. 5
Towards Energy Reform: The New Mexican Model Oil & Gas, BN Americas' Latam Oil and Gas Summit, Houston, TX, September 11-12, 2013. Mexico and Private Investors, 26th Annual Energy Law Institute for Attorneys and Landmen, South Texas College of Law, Houston, TX, August 28-29, 2013. Liabilities in Mexico s Oil & Gas Projects: The Right Balance? Mexico Oil and Gas Review, June 2013. Oil & Gas Regulation and Policy: Recent Developments, Rocky Mountain Mineral Law Foundation International Mining and Oil & Gas Law, Development, and Investment, Cartagena, Colombia, April 2013. Outlook for CBM and Shale Gas in Mexico, Mexico Oil and Gas Review, June 7, 2012. Challenges for Shale Gas in Mexico, The British Chamber of Commerce, Anzmex, Eurocam, the Barra Mexicana Colegio de Abogados and World Energy Council, Mexico City, Mexico, 2012. Offshore Opportunities in the Gulf of Mexico The New Legal Regime, Offshore Technology Conference (OTC), Houston, TX, 2012. Two Law Systems: Similar Concerns and Solutions, Annual Meeting and Conference, USMBA, Mexico City, Mexico, 2012. Nafta20 North America Summit, San Antonio, TX, November 2012. Aspectos de Regulación y de Responsabilidad en Contratos de E&P de Hidrocarburos, Speaker and Co-Chair, International Oil & Gas Upstream Contracts Seminar, Association of International Petroleum Negotiators (AIPN), Mexico City, Mexico, 2011. Non-Conventional Gas Resources in Mexico, The Institute for Energy Law (IEL), Petroleum Club, Houston, TX, 2011. The New Pemex Contractual Regime, Oil & Gas Reforms in Mexico: The New Service Contract Regime, Association of International Petroleum Negotiators (AIPN), Houston, TX, 2011. The New Pemex Contractual Regime, Mexican Petroleum Congress, Puebla, Mexico, 2010. COPYRIGHT 2016. ALL RIGHTS RESERVED. 6