Kenneth Hansen’s practice involves representing bilateral, multilateral and commercial lenders as well as project developers in structuring, negotiating and implementing domestic and international project financings, particularly in the energy sector. He leads Chadbourne’s extensive practice in connection with the U.S. Department of Energy’s Loan Guarantee Program for innovative and alternative energy projects. His sectoral experience ranges from power generation, transmission and distribution projects to oil and gas, transportation, and telecommunications infrastructure projects, as well as a range of industrial and commercial projects. Mr. Hansen is also experienced in debt work-outs and the settlement of investment disputes, including political risk insurance claims.
- Represented the International Bank for Reconstruction and Development (World Bank) in the US$900 million project financing of the 450 MW open cycle gas-fired Azura Power Project in Nigeria.
- Represented the International Finance Corporation, the OPEC Fund for International Development and the Central American Bank for Economic Integration in an approximately US$150 million of senior secured loan facilities to finance a 73 MW portfolio of utility-scale solar projects in Honduras.
- Represented the Inter-American Development Bank (IDB) in its US$70 million investment in a total US$175 million securitization program over diversified payment rights (DPRs) arising primarily out of remittances to persons in El Salvador from family members abroad.
- Represented IDB, Corporación Andina de Fomento (CAF), Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V. (FMO) and Banco Internacional del Perú S.A.A. (CAF) in their US$140 million project financing of Maple Energy's US$254 million ethanol production facility with an associated 37 MW power plant and sugar plantation.
- Represented Overseas Private Investment Corporation (OPIC) in:
- the restructuring of the Dabhol Power Project (India) and in related political risk insurance claims;
- the development of a guaranty against devaluation risk for US$300 million in project bonds for the AES Tiete Hydropower Projects (Brazil);
- settlement of the Alliant Kyiv expropriation claim against the Government of Ukraine pursuant to which OPIC recently reopened its investment-promotion programs in Ukraine and
- the updating of its form of political risk insurance contract for equity investors.
- Represented the Asian Development Bank (ADB) in connection with:
- the development of a "guarantor-of-record" political risk guaranty which supported financing for the Phu My 2.2 power project (Vietnam);
- political risk guaranties provided jointly with the Multilateral Investment Guarantee Agency (MIGA) to support financing for the Phu My 3.0 power plant (also in Vietnam); and
- the formation of its standard partial (political) risk guaranty.
- Represented Interconexión Eléctrica S.A. E.S.P. in:
- its successful bid to purchase in a privatization the controlling interest in Companhia de Transmiss o de Energia Eletrica Paulista SA (CTEEP), the São Paulo state power transmission company, Brazil’s second-largest power transmission company, and in a related interim financing package and its replacement with a US$554 Rule 144A/Regulation S offering; and
- the financing by the IDB and CAF of an expansion of the electrical transmission system in Bolivia.
- Represented Endesa (Chile) in the monoline-insured bond financing of two toll roads, Autopista del Sol S.A. and Autopista Los Libertadores (Chile).
U.S. Department of Energy Project Financings
- Represented the following project sponsors that successfully closed DOE loan guarantees for solar power generation projects:
- BrightSource Energy in the US$1.6 billion financing of the 392 MW Ivanpah Solar Electric Generating System, which, when completed, will be the largest solar project in the U.S.;
- Sempra Generation in a US$359 million loan guarantee for the construction of the 150 MW Mesquite photovoltaic solar power project in Arizona;
- Cogentrix of Alamosa LLC for a US$90.6 million loan to support one of the first, and the largest, utility scale, concentrating photovoltaic energy generation facilities in the U.S.; and
- Prologis in a partially DOE-guaranteed US$1.4 billion loan to support the installation of approximately 733 MW of photovoltaic solar panels on industrial buildings across the U.S.
- Represented the following project sponsors that successfully closed DOE loan guarantees for wind power generation projects:
- Caithness Energy and GE Energy Finance in the multi-phase development and approximately US$2 billion financing of the 845 MW Shepherd’s Flat wind project in Oregon;
- FirstWind Energy in the US$117 million financing of the 30 MW Kahuku wind project in Hawaii; and
- Yale University and Wagner Wind Energy LLC in the US$102 million financing of the 50 MW Record Hill wind power plant in Maine.
- Represented in other successfully closed DOE-guaranteed financings:
- Credit Suisse as lead lender in the US$937 million partially DOE-guaranteed financing of NextEra’s 250 MW Genesis solar thermal project under construction in Riverside County, California, including a US$702 million offering of pass-through certificates issued under Rule 144A, a US$150 million bank loan facility and an US$85 million letter of credit facility;
- Grupo ACS and Banco Santander S.A. as equity investors in the 110 MW Tonopah thermosolar electric generation project being developed by SolarReserve in Nevada; and
- Abound Solar Inc. in a US$400 million DOE-guaranteed financing for its construction of photovoltaic panel manufacturing facilities.
Mr. Hansen is listed in Chambers Global 2006-2016 for projects in the US and projects and energy in Latin America and Chambers USA 2005-2016 for projects. He is cited in The Legal 500 US 2015 and previous years for project finance. He is also recognized in The Best Lawyers in America 2006-2015 in project finance. Mr. Hansen is also the 2011-2012 recipient of the Charles Fahy Distinguished Adjunct Professor Award for the Graduate Program at Georgetown University Law Center.
Activities and affiliations
- Member: American Bar Association; American Society of International Law; Washington Foreign Law Society (president, 2004-2005)
- Adjunct Professor, Georgetown University Law Center, 1991-present
- Professorial Lecturer, the School of Advanced International Studies at The Johns Hopkins University, 2000-present
- Adjunct Professor, Boston University Law School, 1992-1999
- Adjunct Professor, the National Law Center at The George Washington University, 1992-1994
- Adjunct Professor, the Fletcher School of Law and Diplomacy at Tufts University, 1993
- Associate General Counsel for Investment, Assistant General Counsel, Senior Commercial Counsel and Counsel, Overseas Private Investment Corporation (OPIC), 1986-1995
- General Counsel, U.S. Export-Import Bank, 1995-1999