PPartner of Demarest’s Energy and Natural Resources area, Raphael Gomes holds an MBA in Corporate Law with specializations in Electric Energy Regulatory Law and Civil Procedural Law from FGV-RJ. He specializes in regulatory affairs in both the Free Contracting Environment (ACL) and the Regulated Contracting Environment (ACR). Raphael concentrates his practice in consultative and litigious matters involving Power Generators, Traders, Distributors, Transmitters, Free Consumers, the Regulatory Agency and the Granting Authority. Raphael was a visiting professor at the Law School of the Brazilian Bar Association of the São Paulo Section (ESA-OAB/SP), the Brazilian Institute of Energy Law Studies (IBDE), the Institute for Advanced Studies in Law (IAED/MG) and the National School of Magistrates.
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— Advised major energy consumer in the telecommunications sector in the structuring and implementation of a Distributed Generation Project, involving a value of USD 3 billion
— Advised Ferbasa in the acquisition of a Wind Farm owned by Santander, in the amount of BRL 811.7 million
— Advised the concessionaire of the largest private hydro generator in the country in an administrative proceeding before ANEEL and in legal litigation involving the recognition of exclusion of liability. The estimated amount involved is USD 1.2 billion
— Assisted in the structuring of the Self-Production Energy Project and advised Vale on the participation and assessment of the benefits of self-production through equity interest. The estimated amount involved is BRL 4.2 billion
— Advised a concessionaire regarding the use of public property regarding the contractual and regulatory management of its EPC Contracts for Construction and Assembly of one of the largest Hydroelectric Power Plants in Brazil, including the management of claims and counterclaims. The estimated amount involved in these contracts is USD 4.3 billion
— MBA in Corporate Law with specializations in Electric Energy Regulatory Law and Civil Procedural Law, both from Fundação Getúlio Vargas (FGV/RJ), Rio de Janeiro (2008)
— Bachelor of Laws from the Federal University of Rio de Janeiro (UFRJ), Rio de Janeiro, Brazil (2003)
— Vice-President of the Brazilian Institute of Energy Law Studies – IBDE
— Member of the Energy Commission of the Brazilian Bar Association of São Paulo
— Invited Professor for the course on the Brazilian Electric Sector for the Judiciary, at the Association of Brazilian Magistrates and the National School of Magistrates
— Member of the Arbitration and Energy Committee of the Corporate Arbitration Chamber (CAMARB)
— Invited Professor of the Energy Sector Specialization Course of the Brazilian Institute of Energy Law (IBDE)
— Invited Professor of the Specialization Course on Electricity Regulation at the Institute of Advanced Studies in Law (IAED/MG)
— Invited Professor for the Energy Sector course at the Law School of the Brazilian Bar Association of São Paulo (ESA-OAB/SP)
— Invited Professor for the MBA in Electric Energy from the University of São Paulo – USP
— Author of the article “Judicial Branch x Regulatory Agency – The possibility of changing regulatory rules by judicial preliminary decisions”, Canal Energia website, 2019
— Co-author of the article “The Recent ‘Shortfalls’ of Traders: A Market Problem or a Purely Bilateral Question? How to break the deadlock? ”, Canal Energia website, 2019.
— Author of the article “The Electricity Sector and the Structure of the Short-Term Market in Brazil” in the book “Energy Law and Regulation in Brazil”, Springer, 2018.
— Co-author of the article “PIS/Cofins exemption is another incentive for consumers to invest in distributed generation projects”, Migalhas website, 2015.
— Author of the article “The operationalization of court decisions in the Brazilian electricity sector and the structure of the Short Term Market”, Journal of Energy Law of the Brazilian Institute of Energy Law, 2015.
— Author of the article “Regulation of ‘White Flag Tariff’- Possibility of reduction in tariff value”, Canal Energia website, Portal PCH and UDOP, 2016.
— Author of the article “Overcontracting Distributors and ANEEL Normative Resolution No. 711/2016”, Canal Energia and Portal PCH websites, 2016.
— Author of the article “Renewal of electricity distribution concessions”, Canal Energia and Portal PCH websites, 2015.
— Co-author of the article “Tax treatment and incentive for distributed generation”, Portal Jota, 2015.
— Author of the article “Brief considerations on the MRE and current speculations”, Migalhas, 2014.
— Author of the article “The establishment of the Retailer in the free energy market”, Canal Energia and Migalhas websites, 2015.
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