Sheikh Muhammad Ali Advocate High Court | Partner

RASIKH CONSILIUM 1 – C, LDA Apartments,

55 Lawrence Road, Lahore

Tel: (92) (42) 36282595

Fax: (92) (42) 36282594

ali@rasikh.pk

Home: 269, Karim Block, Allama

Iqbal Town, Lahore

Cell:

0300 6320992

lawyer143@gmail.com

LEGAL & REGULATORY EXPERT: POWER SECTOR, PAKISTAN

With experience of 16 years in general litigation and consultancy, I have

developed expertise in legal and regulatory laws of the Power Sector of

Pakistan including, but not limited to, the core business related to Generation,

Transmission and Distribution of electric power; in particular, related to

Power Purchase / Acquisition Agreements, Tariff, Regulatory issues, Policy

matters

My services for public sector included those to Ministry of Water & Power,

Government of Pakistan; National Transmission & Despatch Company

Limited (NTDC); Central Power Purchase Agency (CPPA); WAPDA Power

Privatization Organization (WPPO); Faisalabad Electric Supply Company

Limited (FESCO); Lahore Electric Supply Company Limited (LESCO);

Multan Electric Power Company Limited (MEPCO); Gujranwala Electric

Power Company Limited (GEPCO); Islamabad Electric Supply Company

Limited (IESCO); Sukkur Electric Power Company Limited (SEPCO);

Northern Power Generation Company Limited (NPGCL); Lakhra Power

Generation Company Limited (LPGCL); GENCO Holding Company Limited

(GHCL); and Pakistan Electric Power Company Limited (PEPCO).

I also served Power Information & Technology Company Limited (PITCO) as

the Legal Advisor for one year.

For the private sector rendered services to SSJD Bioenergy Limited, Gulf

Rental Power Plant, PITCO and Pak Gen Power Limited while engaged on

retainer by Shams Power Private Limited.

Also serving (in 4 projects) as the ‘Legal & Regulatory Expert’ in the

Consortium of Financial Advisor for Privatization Commission, Government

of Pakistan and also assisting FESCO and NPGCL in Privatization matters.

I am engaged as local lawyer in consultancy agreement between Mott

MacDonald and Jamshoro Power Company for 2X660MW Jamshoro Coal

Power Project.

Synopsis of Work:

Key synopses of power sector specific experience are as under:

Generation:-

Regulator

Served NPGCL by preparing and submitting its Petition for Modification of

the Tariff for NEPRA;

Engaged by Lakhra Power Generation Company Limited in its Tariff issues

before NEPRA;

Engaged by NPGCL for preparation of PAR of Nandipur Thermal Power

Plant;

Engaged by Shams Power Private Limited in its petition for grant of

Generation License (off-grid solar).

Contracts and disputes

Negotiated for LPGCL with sponsors of a rental power plant on issues raised

through their Dispute Notice;

Represented NPGCL before the Mediator on issues with sponsors of rental

power plant;

Represented a rental power plant in its dispute with NPGCL;

Management Agreement between GHCL & Government owned Generation

Companies;

Prepared the Energy Purchase Agreement between the producers

(particularly, SSJD Bioenergy Limited) under RE Policy and CPPA;

Drafted PPA for JAGRAN Hydro Project;

Participated in draft of Power Purchase Agreement with the Nuclear Power

Plant;

Drafting Energy Supply Agreement for an isolated generation facility.

Advisories & litigation

To LPGCL on the Demand Notice of Karkey Karadeniz;

To GHCL on issue of its relation with GENCOS and the legal status of

Nandipur Thermal Power Generation Company Limited;

To GHCL on its status under the law and relations with Government owned

Generation Companies;

Engaged by an IPP to render Opinion on issues related to transmission line,

evacuation, power factor, cyclic and low load operation of Complex.

To NPGCL on various matters pertaining to Service & Labour,

Administration, and related to the Power Plants;

Represented NPGCL at Lahore High Court & NAB related issues

Transmission:-

Regulator

Represented NTDC in the Petition of Karachi Electric Supply Company

[KESC] for the grant of Transmission License;

Represented CPPA of NTDC in the Tariff Petition of Human Rights

Commission South Asia through its Correspondent at Khyber Pakhtunkhwa /

FATA, Mr. Abdus Samad Khan Marwat, Advocate;

Assisted NTDC in Tariff related issues with Regulator.

Contracts and disputes

Represented NTDCL in dispute with nine of the Independent Power

Producers (IPPs) under 2002 Power Policy before the Expert/ Mediator;

Represented WPPO in dispute with an IPP under 1994 Power Policy;

Assisted the lawyers of WAPDA/ WPPO, in International Arbitration before

I.C.C.;

Successfully represented NTDC/ WPPO before the Mediator on issues with

an IPP over the payment mechanism of General Sales Tax;

Negotiated for WPPO with an IPP on issue of Indexation of Foreign

Exchange;

Drafting PPA between NTDC and GENCOS;

Side Agreement between WAPDA and NTDC (WPPO);

Legal analyzed the proposed Energy Wheeling Agreement from perspective

of NTDCL;

Advisories & litigation

Served NTDC, PEPCO on matters pertaining to Service & Labour;

Administration; and the Power Sector including that of Tariff and the Power

Policies of 1994, 1995, 2002, 2006, 2009 and 2013;

Served CPPA in matter of audit objections;

Served NTDC in matter related to the shifting of lines at Islamabad;

Served WPPO, in matter of proposed amendments for the Fuel in Allocation

Blocks of the Plant of KAPCO;

Submitted the comments on the amendment in NEPRA Act to NTDC;

Provided Rules of Business (base line) for NTDC;

Engaged for preparation of the Rules of Business and other legal documents

to make the CPPA (Guarantee), Limited.

Appointed by NTDCL (CPPA) to prepare the Draft of Power Purchase

Agreement under the Policy Guideline issued by the Ministry of Water &

Power after the approval of the ECC for the Small Independent Power

Projects (SIPP);

Represented NTDC in the Court in various cases and presently representing

NTDC and its various formations in cases including those having the dispute

on power purchase agreements, financial matters, policy matters etc;

Represented NTDC before the Competition Commission of Pakistan, Public

Procurement Regulatory Authority, Ministry of Commerce, Alternate Energy

Development Board as well as the Courts of Law, in matter related to

procurement;

Represented WAPDA [NTDC] in the Civil Court in matter of the Objections

against Award in the dispute between WAPDA & a Company;

Representing WPPO in the dispute with Southern Electric Power Company

before the Islamabad High Court;

Representing NTDC in issue related to Calorific Value before Islamabad High

Court;

Representing NTDC in litigation on the issue of Fixed Charges, FPA (2015

determinations) and Surcharges;

Representing NTDC in litigation with sponsors of hydro power generation

facilities at Peshawar High Court;

Representing NTDC in Civil Court on dispute / issue of payment with an IPP.

Distribution:

Regulator

Served FESCO by preparing and presenting its Annual Tariff Petitions for

Financial Years 2012-13, 2013-14 and 2014-15 and the Motions for Leave to

Review before NEPRA;

Represented FESCO in cases of Power Projects under CPP Policy and N-CPP

Policy;

Represented IESCO, FESCO & LESCO before NEPRA on various Consumer

issues;

Representing FESCO, as the Legal Advisor, in is Multi Year Tariff Petition;

Contracts & disputes

Drafted the Energy Purchase Agreement for FESCO with producer under N-

CPP Policy;

Served MEPCO as the engaged counsel in Debt swap agreement with

consortium of local banks;

Memorandum of Understanding for the Grid Station Operation between

LESCO and a Company (Descon);

Drafted the Software Licensing Agreement between PITC and Distribution

Companies;

Represented LESCO before the Arbitrator in dispute with Small Power

Producer;

Represented SEPCO before the Karachi High Court in the dispute with power

producers under N-CPP Policy;

Representing FESCO before the Karachi High Court & Civil Court Faisalabad

in the dispute with power producer under N-CPP Policy;

Advisories & litigation

Served and serving IESCO, GEPCO, MEPCO, SEPCO, LESCO & FESCO in

various court cases

Served LESCO & FESCO on various matters pertaining to Service & Labour;

Administration; and the Power Sector including that of Tariff and the Power

Policies of 1994, 1995, 2002, 2006, 2009 and 2013;

Served FESCO on the Assignment Notice of Galaxy Textiles Mills as well as

Fixed Charges;

Served LESCO on the matter of the status of CBA under new Labour Laws,

especially the Punjab Industrial Relations Ordinance followed by the Act;

Served LESCO in the dispute of land over the Khaddian Grid;

Served LESCO whereby it has proposed the alterations in the Electricity Act

1910;

Rendered opinion to MEPCO on Debt Swap Agreement & other finance

documents;

Representing FESCO in numerous Court cases of high profile and policy

matters in their nature;

Represented LESCO before Federal Ombudsman and presently representing

them in various important issues including procurement matters.

Ministry of Water & Power and other entities:

Represented Ministry of Water & Power on multiple issues related to power

sector, particularly transfer price mechanism, circular debt, role of CPPA and

NPCC, and procurement of electricity beyond balancing services by NTDCL;

Assisted Ministry of Water & Power on new Energy Policy;

Assisted in draft of amendments in NEPRA Act and new provision thereof

(particularly Section 31 (5) of NEPRA Act);

Represented Ministry of Water & Power, as the lead counsel, in numerous

Writ Petitions on issue like Fuel Price Adjustment, EQ Surcharge; Debt

Services Surchage, Neelum Jhelum Surcharge, Kalabagh Dam, load

management etc;

Submitted proposal on alterations in the Electricity Act of 1910;

Worked in the preparation of the Draft of the Act against Theft of Electricity;

Served PEPCO on the Energization Policy of WAPDA for the Housing

Colonies and Bulk Power Consumers;

Served PEPCO on matters pertaining to Service & Labour and the issues

related to the Power Sector;

Representing PEPCO before the Competition Commission of Pakistan;

Drafted agreements to be executed with DISCOs by PITC.

Other activities:

Attended the workshop arranged by Alternate Energy Development Board,

Government of Pakistan [AEDB] on the Renewable Energy Policy 2011 and

the preparation of the Draft Agreements;

Intervened in the Public Hearing by NEPRA on the modification of the

Distribution License of LESCO.

Drafted deed for creation of Pension Trust Fund of PITC while serving as its

Part Time Legal Advisor;

Engaged as ‚Legal & Regulatory Expert‛ in four transactions for privatization

of PSEs by the Privatization Commission of Pakistan

Engaged in various funded projects; as for instance, by Matt Macdonald for

coal project related to JPCL; by Shams Power in energy sector project

Appreciations:

Received the accolade from the General Manager WPPO for rendering legal

services and enabling WPPO to meet the critical situations, amendments,

drafting of agreements etc.

Have cases related to Power Sector, besides other cases, reported in the Law

Journals of Pakistan.

PROFESSIONAL CAREER

After doing LL.B. from Bahauddin Zakariya University Multan in 1996-99

session with ‘Gold Medal at Law’ for attaining overall first class first position,

I took exams of PCS (Judicial) and secured Merit No.104 in whole Punjab in

2001.

Started my professional career from Multan and due to hard work,

commitment, dedication and sincerity earned repute and respect. I became

Advocate High Court in 2002. Meanwhile, shifted to Lahore and continued

services as the market based lawyer.

Rendered services in various fields of law those besides general civil include

Advertisement & Media, Banking, Commercial & Corporate, Consumers

Protection, Competition, Contract & Disputes, Labour & Service, Local

Government, Regulatory, Power, and Telecommunication.

Conducted more than 3000 cases before the Courts and other forums

including the High Courts, Lower & Trial Courts, Special & Appellate Courts,

Service & Labour Courts, NIRC, PLAT, Competition Commission, Consumer

Courts, and the NAB Courts and have represented valued clients before the

Regulators including NEPRA, PPRA, and SECP. Also served the Regulator for

media i.e. PEMRA.

In 2013, the Lahore High Court granted the ‘Certificate for Fitness to be

Advocate Supreme Court of Pakistan’

Other Clients

Besides the Power Sector of Pakistan, I rendered services to several

Government/ Semi Government entities, Private Companies and individuals,

those include:

Government/ semi Government: Pakistan Railways, Pakistan Electronic

Media Regulatory Authority, National Bank of Pakistan, National

Construction Limited, Pakistan Army, WASA (LDA) and District Cricket

Association

Private sector (including banks, associations and companies etc.): Habib

Bank Limited, PTCL, Mobilink, Dancom, Lahore Gymkhana Lahore,

ADGLDI Pvt. Ltd, 4B Gentle Pvt. Ltd, Riaz Bottlers Pvt. Ltd, Abdul Sattar &

Co, Green Mills, Service Industries, Behria Town Private Limited and Itehad

Workers Welfare Union

Skills and expertise

I am experienced lawyer with command in conveyancing, pleading and

drafting of agreements & contracts; exposure in rendering legal opinions and

advises; ability to do research work, prepare due diligence reports and

conduct studies; handled proceedings of ‚ADR‛ (Alternate Dispute

Resolution, including Negotiation, Mediation and Arbitration); skill of

writing new laws, rules, regulations etc

Achievements

Served as Part Time In House Legal Advisor while serving WADA

(MDA) for period of 3 years;

Taught classes of and PCS (Judicial) at Allama Iqbal Law College,

Multan; Quaid A Azam Law College, Lahore; and The Institute of

Professional Studies, Multan;

Have articles published in the Magazines related with Law and of

High Court Bar Association, Multan at its Golden Jubilee;

Book in the name of ‘Compendium of Electricity Laws’ is in process of

compilation and publication;

My cases have been reported in the Law Journals on orders of Court;

Delivered lectures on law at various prestige institutes, for instance,

Multan Chamber of Commerce & Industry and Small & Medium

Enterprises Development Authority (SMEDA).