Tuesday , July 27 2021

Ennap's guards behind their battles in Chile and the world

Conflicts faced by the National Oil Company (ENP) meant a heavy amount of money for the company in legal advice on labor, finance and arbitration, among others.

Between 2014 and 2018, the state oil company hired the services of various law firms to solve their problems, paying a total of $ 21.9 million, according to a presentation sent by the company to the investigative commission investigating the investment and commercial activities of the company. .

To date, Enap has about 150 open lawsuits in which, in many cases, Enap is a plaintiff, but is also sued. But on the other hand, they are constantly consulted by the Office of National Economic Prosecution and the International Court of Defense of Free Competition (TDLC) in regulatory matters, which is responsible for the costs incurred by the state.

In the last four years, Enap paid Filipis Prietokarrisosa Ferrero DU and Uriah (PPU), $ 2.5m in various legal advice, such as Petropauer's acquisition, administrative issues, arbitration with Ennel, maritime, environmental issues. An example of this is the case with the Municipality of Quintero with Enap Refineries SA. (ERSA) for the spillage of the Mimosa oil tanker. In addition, the demand filed by the Fishing Union against ERSA before the Environmental Court in Santiago is added.

The head of the environmental field of the study is a lawyer Juan Jose Eizaguir, who led Ennap's environmental defense in the last four years. However, with the advent of the new government administration and the change of Enap's board of directors, also led by lawyer Loretto Silva, the state company chose to stop employing PPU services and sign the boutique studio Ehevarria-Ilharberde for his defense before the formulation of the views that the Environmental Superintendent (SMA) made about the episodes of pollution in Quintero, Valparaíso region.

Behind Enap's decision, according to experts, is the search for a smaller, committed and non-confidential study, only in the Bay of Quintero there are more than 15 companies that work and everyone works with a different study. .

The report includes well-known criminal Juan Domingo Acosta. The lawyer, along with lawyer Christian Muga, is currently in charge of representing the company in the criminal conflict of the Kintero conflict, where at the moment there are about 18 employees in Enap, among managers and employees who are being investigated for their alleged responsibility in the case

Behind the PPU comes Bofill Mir & Álvarez Jana, as the second study that received the most resources in legal advice. The company – led by a lawyer and former agent of Chile before the Hague in the border dispute with Bolivia, Andres Jana– accumulating $ 1.8 million in a series of conflicts in which he defended Ennap's interests. Rodrigo Gil He is also another lawyer advising Enap.

Among the battles run by the state-owned oil company in the hands of the involvement is the ERSA arbitration with Gas Valpo, in which it received a profit of 25 million US dollars. This judicial procedure is added to the ERSA Arbitration Judgment with AGA Linde. Apart from the arbitration between Enap and Inergi and the contract with Kodelko Luz Minera.

Third among the studies that Ennap paid most for the past four years is Clary Gottlieb Stan and Hamilton LLP. She is one of the most famous financial advisory firms in the world and whose headquarters are in New York. With them, the state has a long-standing relationship since in 2011 it advised to place a bond for $ 500 million. The US company received $ 1.4m between 2014 and 2018.

It is followed by Norton Rose Fulbright, which accumulates a total of $ 974,000 in the same period between 2016 and 2018. It is an international law firm with more than 4,000 lawyers and other legal staff based in 33 countries.

Constantly consulted

How much, Carey and Cia, whose area of ​​free competition is led by the lawyer Lorena Pavic, accumulates 907 thousand US dollars between 2014 and 2018. The lawyer – along with her team – provided consultations with the state oil company in several consultations with TDLC on the structure of the gas market in Chile. He also represented Enap in a consultative procedure presented by Kopec before the same court in order to determine the mechanism for the sale of Terpel Chile property.

While in the ninth place in the ranking elaborated by The third prime minister based on the information presented by Enap to the committee, is the study of Laraine y Asociados. The study established by the former senator Carlos Laren Pena today is led by his children.

The study, according to detailed Ennap, was a key thing for the company to close its contracts with the multinational Mitsui. The Japanese conglomerate aims to develop projects for unconventional renewable energy (ERNC) together with a state-owned oil company. Also, the study gave advice on the EPC project Cogeneradora Aconcagua.

For its services, Larraín y Asociados received a total of US $ 364,000 between 2014 and 2017.

While Lathrop & Blanco – led by female lawyers Catherine Letrop and Bella Margarita– accumulates a total of 558 thousand years between the years 2015 and 2018.

According to Ennap's report, the study advised Enap to regulate the autonomy of the pipeline from Huappen to San Fernando, in the Libertador Region, General Bernardo O'Higgins.

"It's an excessive amount"

At first glance, as ENAp's Board of Investigation's Investigator, Jaime Toha (PPD), the total cost of Enap in legal advisory services over the last four years ($ 22 million) seems to be quite high, but it is necessary many of the tips are related to judgments that were in the game sidereal amounts in the game. "

"We are sending in, although the report has not yet been signed, which we think is too much if we consider that Enap has 17 internal lawyers," he said.

The parliamentarian also referred to the controversy that arose in the middle of yesterday's session in which Deputy (RN) Leonidas Romero pointed to the presumed conflict of interest that will be held by Commission Secretary Maria Eugenia Silva Ferrer, who is the wife of deputy Osvaldo Urrutia (UDI), who, in turn, is the father of lawyer Osvaldo Urutia Silva, who appears on the list of legal advice given to Enap.

The lawyer received from 2014 to 2017 a total of US $ 82,000 for Environmental Consulting Services in the Central Project Nueva ERA. The project consists of a combined thermal power plant (gas turbine and steam turbine) with approximately 500 MW

The parliamentarian added that this situation is "absolutely" beyond the focus of the commission's investigation. "If there is a conflict of interest, the secretary of the Chamber must resolve." Deputy Romero joined the House's chairmanship and gave him background. "We can not speak to the MPs who have a current agreement with the secretary of the Chamber.

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