Ean Stuart Mac Pherson

Partner

Projects、Renewable and Clean Energy

Professional Summary

Ean Mac Pherson is a partner of the Finance & Projects Group and Renewable and Clean Energy Group in the Firm’s Tokyo office.

As the co-head of the Renewable and Clean Energy Group, he regularly presents at leading industry conferences. Together with his fellow Tokyo office partners, he has published regular newsletters and updates on Japanese renewable energy law changes to help guide foreign companies investing in the Japanese market. He is particularly active in offshore wind industry conferences and events, and he has issued a number of detailed publications on the development of this sector in Japan.

Prior to joining the Baker McKenzie’s Tokyo office, Ean worked for the litigation and arbitration practice group in the Baker McKenzie Bangkok office between 1995 and 1998 and the major projects/corporate practice group at Baker McKenzie Sydney office between 1999 and 2003.

Whilst working in the Baker McKenzie Sydney office, Ean was seconded to act as Australian General Counsel for the Australian division of a major Japanese trading house with extensive interests in the Australian mining, forestry, commodities trading and energy sectors.

During his time in the Baker & McKenzie Tokyo office, he spent 3 years on part time secondment to one Japan’s largest power utilities.

Practice Focus

Ean’s practice focuses on conventional and renewable energy power projects (including offshore wind, solar and biomass), resources acquisitions, joint ventures, major projects and corporate work.

He has worked closely with Japanese companies investing in power projects outside Japan. He has also acted for leading Japanese utilities and trading houses investing in mining and oil & gas projects outside Japan.

Following the introduction of the Japanese renewable energy feed in tariff regime in 2012, he has acted for a large number of foreign renewable energy investors to acquire, develop, finance and construct renewable energy projects in Japan.

With the recent growth in offshore wind projects in Japan, Ean has advised a number of leading global offshore wind developers on their entry into the Japanese market. He also works with foreign companies entering the Japanese retail electricity market, including acting for the first foreign retailer to obtain a license to sell retail electricity in Japan.

Representative Clients, Cases or Matters

Acted for a global offshore wind developer in its entry into the Japanese market.
Advised a leading foreign renewable energy company on the development of a Japanese offshore wind project.
Acted for a US electricity retailer which was the first foreign retailer to obtain a retail license in Japan, including assisting on their establishment, retail license and electricity supply arrangements in Japan.
Acted for a foreign electricity wholesale company to establish its trading operations in the Japanese market.
Acted for a US smart grid operator which will provide cloud based smart grid services to a major Japanese utility.
Acted for a European EPC contractor on the acquisition and EPC contracts for a 20 MW project in central Japan and an 800kw solar project in Kyushu.
Acted for a foreign IPP company on its acquisition and development of a 22 MW solar project in Northern Japan.
Acted for a foreign solar project company in its acquisition of a 25 MW project in Fukushima, Japan.
Acted for a foreign solar project company on the acquisition of a 200MW portfolio of solar project development rights in Japan
Acted for a foreign company in the structuring and agreements for a 10MW solar power project in Hiroshima, Japan.
Acted for a Japanese utility which was the successful bidder in the 2007 Thai IPP process.
Acted for a Japanese utility in its investment in 2 SPP projects in Thailand.
Acted for a Japanese utility on its investment in 2 biomass power projects in Thailand and 1 biomass project in Malaysia.
Acted for a Japanese wind energy company in its acquisition of an Australian wind farm project.
Acted a Japanese trading company on the restructuring of its investment in a marine fuel company with operations in Singapore, the United States and the Middle East and that fuel company’s subsequent IPO on the Singapore Stock Exchange.
Represented a Japanese cornerstone investor acquiring a substantial shareholding interest in an Australian coal company on its IPO on the Australian Stock Exchange.
Acted for Japanese investors in more than 10 coal mine acquisitions and interest sales in Australia, Indonesia and Canada.
Acted for a Japanese utility acquiring an equity interest in a major West Australian LNG project.
Represented a Japanese trading company acquiring a 29.8% interest in a listed French automobile distributor.

Publications, Presentations and Articles

Client Alerts:

Client Alert – “New Wheeling Change on JPY 40, 36, 32 and 29 FIT rate Solar Projects, with no adjustment measures” September 2019
Client Alert – “11 Zones Shortlisted for Japanese Offshore Wind Projects” August 2019
Client Alert – “New METI deadlines for 29 and 27 yen FIT solar projects and new national EIA requirements for solar projects of 40 MW or over” June 2019
Client Alert – “Public comment results announced on the guidelines for selection of promotion areas and operation guide for Japanese offshore wind project auctions” May 2019
Client Alert – “Draft report released on the auction criteria for Japanese offshore wind projects” March 2019
Client Alert – “New MET measures – further clarification on requirements, forms and procedures” February 2019
Client Alert – “New METI rules for solar projects released on 5 December 2018” December 2018
Client Alert – “Renewable Energy in Japan – Recent Developments” November 2018
Client Alert – “New METI proposed measures to address delayed development of JPY 40, 36 and 32 solar projects – reduction of FIT prices and introduction of 1 year COD deadline” October 2018
Client Alert – “New offshore wind general waters bill approved by the Japanese Cabinet ” March 2018
Client Alert – “New general waters rules to spur development of Japanese offshore wind projects” February 2018
Client Alert – “New limits on DC Capacity changes” September 2017
Client Alert – Japan’s retail electricity market: frequently asked questions from foreign entrants” August 2017
Client Alert – “New DC Capacity Increase Rule for Solar Power Projects” July 2017
Client Alert – “Offshore Wind Power – Amendments to the Port and Harbor Act to Spur Increased Development of Wind Power Projects” August 2016
Client Alert – “FIT Rule Changes – New 3-Year Operational Deadline and Relaxation of Module Change and Other Restrictions” August 2016
Client Alert – “New FIT Policy – 3-Year Limit to Achieve Commercial Operation” June 2016
Client Alert – “Baker & McKenzie advices Conergy on the 25 MW Ichinoseki Solar Power Project in Iwate, Japan” June 2016
Client Alert – “New 31 March 2017 Grid Connection Deadline” May 2016
Client Alert – Review of the Japanese Feed-in Tariff (FIT) scheme – new rules to be introduced” January 2015
Client Alert – “Proposals to improve the operation of the Japanese Feed-in Tariff (FIT) scheme and to re-open the grid connection review process” December 2014
Client Alert – “Japanese Solar Projects, Cancellation of First Round 42 yen project approvals” February 2014
Client Alert – “Japan’s Power Market Reform Movement and Opportunities for Foreign Investors” February 2014
“Reform of the Japanese Electricity Sector – Opportunities for Foreign Investors” September 2013
“Japanese Solar Projects, a New Deadline to Develop Approved Projects?”” October 2013;
Investing in Japanese Solar Projects, Frequently Asked Legal Questions from Foreign Investors” May 2013

Presentations:

Co-speaker “Global Markets Theatre – New Offshore Wind Promotion Law in Japan and Auction Update” Global Offshore Wind 2019, London, UK, June 2019.
Co-speaker “Learning from Markets around the World – the Asian Region” Global Offshore Wind 2019, London, UK, June 2019.
Speaker “Lessons from Japan’s FIT Scheme and Practical Issues for Foreign Investors” Offshore Wind Power Japan pre-conference workshop, Tokyo, Japan, May 2019.
Session Chair at Day 1 summit afternoon session, Offshore Wind Power Japan Conference, Tokyo, Japan, May 2019”
Moderator “Taiwan offshore wind power: update and implications for wind power development in Japan”, Baker & McKenzie Client Seminar, Tokyo, Japan, December 2018
Moderator “The Ideal Energy for Ocean-bound Japan? Opportunities and challenges in unlocking offshore wind potential”, ACCJ session, Tokyo, Japan, October 2018
Speaker ” Japan Offshore Wind Market”, 4^th Asia Offshore Wind Day, Taipei, Taiwan, September 2018
Speaker ” Offshore Wind Power Documentation Seminar”, Baker & McKenzie Client Seminar, Tokyo, Japan, March 2018
Speaker “Overview of Japan’s Power Market”, Asia Power Week 2017, Bangkok, Thailand, September 2017
Speaker “Japanese Infrastructure Measures” Baker & McKenzie Client Seminar, Bangkok, Thailand, March 2017
Speaker ” Comparison of the Japanese FIT Scheme with African FIT Schemes”, Investment in Renewable Energy Projects in Africa ,Japan Institute for Overseas Investment Seminar, Tokyo, Japan, February 2017
Speaker “Structuring ,Due Diligence and Sale and Purchase Agreements”, Acquisition and Financing of Solar Power Projects in Japan, Baker & McKenzie Client Seminar, Tokyo, Japan, February 2015
Speaker ” Japan – Conventional Power and Solar Project Investment Opportunities” Baker & McKenzie Client Seminar, Bangkok, Thailand, May 2014
Speaker, “Public Company M&A – Issues for Investment in Companies Listed on the New York, Toronto and Australian Stock Exchange,” October 2009
Speaker, “M&A in Thailand: An overview of regulatory issues and current developments in the major projects field” September 2008
Presenter, “Public Company M&A – Issues for Investment in Companies Listed on the New York, Toronto and Australian Stock Exchange,” October 2009
Presenter, “M&A in Thailand: An overview of regulatory issues and current developments in the major projects field” September 2008