Project Description

Deloitte’s USAID-funded Nepal Hydropower Project (NHDP) provides policy and transactional support to Nepal’s large and medium sized hydropower projects. Specifically, NHDP supports the Office of the Investment Board of Nepal (OIBN), the Ministry of Energy, Water Resources and Irrigation (MoEWRI), and the state utility, Nepal Electricity Authority (NEA). NHDP also provides technical assistance to MoEWRI and NEA related to policy and legislative development, sector restructuring, regulatory reform, cross-border electricity trade, and capacity building. NHDP will also be assisting the Electricity Regulatory Commission in its initial Stand-up phase. 

The expected long-term results of the NHDP Project are:

• Improved economic growth, job creation, and quality of life
  
• Strengthened economic relationships with Nepal’s neighboring countries, and improved balance of payments due to electricity sales
  
• Greater energy security due to enhanced domestic generating capacity and integration with the Indian market
  
• A lower carbon generation future for both India and Nepal

Objective

The Jr. Legal Advisor will support the work of the Chief of Party and Legal Specialist on Task 1 (providing support to OIBN on transactions) and Task 2 (providing support to MoEWRI on policy, legislative, and restructuring matters).  He/she will also provide support to the Senior Power Sector Restructuring Advisors, the Senior Financial Advisors, the Regulatory Advisor and as necessary, other team members

The proposed development of hydropower projects (HPPs) will require legal expertise in facilitating the transaction documents, as well as support on understanding local compensation and local legal structures. Projects of this magnitude and economic significance involve both public and private sector support from a variety of governmental, multilateral, and commercial institutions. Accordingly, there will be a need to understand the legal concerns from a variety of entities and from diverse stakeholder groups. Local legal knowledge and experience will be critical to moving Nepal’s hydropower transactions forward. Also critical will be an in-depth knowledge of the Nepalese electricity sector, the legal framework and workings of the Office of the Investment Board of Nepal, the Project Development Agreement (PDA), the Power Purchase Agreement (PPA) and other project related legal instruments.  Knowledge of restructuring techniques, economic regulation and Nepalese parliamentary practices will be particularly useful.

Deliverables, Tasks and/or Outputs

Key responsibilities include but are not limited to:

• Understand and advise on the roles, duties and obligations of existing stakeholders and licensees in the Nepalese electricity sector
  
• Analyze and report on relevant Nepalese and Indian legislation and regulation
  
• Understand and advise on the legislative and regulatory process in Nepal and on relevant legal duties for regulatory agencies and government ministries
  
• Advise on the existing status and optimal development of the legal and regulatory process in Nepal related to local compensation and local legal structures
  
• Support the continuing development of PDAs, PPAs, transmission agreements and other project documents and templates to be written to international financial community standards
  
• Support in providing legal expertise to ERC on drafting of relevant directives and bylaws 
  
• Advise on general private sector, governmental, and NGO legal issues
  
• Provide legal capacity building to OIBN as required and as directed by the Senior Legal Infrastructure Advisor and Legal Specialist

Deliverables may include:

• Contributing to project baseline reports
  
• Contributing to project deliverables
  
• Drafting summary reports on work
  
• Editing and sometimes translating documents with legal language
  
• Contributing to power restructuring, policy and reform activities 
  
• Preparing presentation materials for formal trainings and conducting formal trainings
  
• Participating in negotiations with Government of Nepal (GoN) and HPP developers
  
• Working with OIBN legal staff and management on various PDA issues
  
• Engaging with other GoN and Nepalese Energy sector stakeholders 

Qualifications/Requirements

The Jr. Legal Advisor should have the following qualifications: 

• Minimum of two years’ relevant professional experience working on energy/legal issues having Nepali content 
  
• Experience advising on large (>500MW) hydropower transactions strongly preferred
  
• Corporate law experience with a Nepali context
  
• Previous experience advising on cross border transmission line transactions preferred
  
• Experience with various dispute settlement mechanisms including arbitration and appeals, and including Nepali context
  
• Minimum of Bachelor’s Degree in law or equivalent
  
• Experience working with USAID, IFIs, government, multilateral donor and private sector institutions is strongly preferred
  
• Fluency in English and Nepali required (speaking, reading and writing)

This position is open to Nepali nationals only.