Jorge L. San Miguel

He has also advised on public policy initiatives in energy infrastructure, renewable energy, permitting and environmental/climate change, sustainability, recycling/reuse, and environmental justice.

Turnaround | Energy | Environmental | Climate | Sustainability Experience

• Representing the Puerto Rico Electric Power Authority (PREPA) in its transformation and restructuring initiatives, fiscal planning and privatization (P3) transactions, financial and operational improvements, and stakeholder management and reporting. As a senior member of the advisory team, Jorge has represented the utility before financial oversight entities and regulators, U.S. federal agencies, U.S. Congressional committees, and creditor stakeholders on the utility’s breakup, transformation, privatization transactions, and federal funding for electric system reconstruction, among others. PREPA and Puerto Rico’s energy sector transformation are centered on increasing reliability, sustainability, environmental compliance, carbon footprint reduction, and increased renewable energy and BESS.
• Together with members of Ankura’s Power and Utilities group, provided leading support to PREPA in completing a public private partnership transaction for a US$1.5bn, 15-year electric Transmission & Distribution Operation & Maintenance (O&M) agreement with private operator to focus on grid modernization/reconstruction, leveraging resiliency, sustainability, renewable energy and BESS integration and resource planning for reduced carbon footprint, energy efficiency and initiatives to address climate change and sustainability objectives.
• As part of the PREPA fiscal plan and bankruptcy proceedings, also provided procurement transaction advice to select the private O&M operator for the utility’s aged electric generation fleet, comprised of over six (6) power plants using diesel, bunker and LNG fuel, and over 15 peaking units fueled with diesel and bunker fuel. Jorge advises the utility’s Board of Directors and Executive Management on strategic initiatives related to the island’s energy sector transformation, permitting, energy transition, land use and environmental compliance.
• Represented Amgen Manufacturing Ltd. on its manufacturing Site Energy Master Plan including energy sourcing from on-site/co-located LNG, photovoltaic and Waste-to-Energy (WTE) initiatives – to leverage greenhouse gas and carbon reduction policies. Negotiated WTE facility terms, development schedule and interconnection with PREPA.
• Counseled and advised a Resource Recovery/WTE Facility project developer on pre-development and development work to permit and license a US$750 million, 80MW base load energy generation facility using municipal solid waste and related refuse. Issues involved land use permitting (local and federal) before the USEPA, USCOE, Environmental Impact Study drafting and approval, community outreach, environmental justice, waste management sustainability, pollution reduction, land use, strategic communications and government affairs.
• Represented and advised corporate counsel and management for Fortune 5 ExxonMobil, in a US$90 million administrative penalty enforcement case under the RCRA/LUST program, Puerto Rico’s largest administrative enforcement penalty, including remediation, removal, health and geological assessments, UIC issues, before the state environmental enforcement agency, the U.S. EPA and U.S. federal court. Assisted client in government relations, community outreach and strategic communications surrounding the very public proceedings.
• Worked with corporate counsel and management of U.S. filter-membrane manufacturer Millipore Corp. (commercial, medical and pharmaceutical filters), in a US$75 million administrative penalty enforcement case under RCRA and CWA. Advised on federal/local regulatory matters, litigation strategy, community and grassroots outreach.
• Counseled, advised and represented multiple wind and solar renewable energy proponents in Power Purchase & Operation Agreements (PPOA), siting consultation, permitting, compliance and lease negotiations.
• Represented private and public sector clients on compliance, reporting, remedial, removal actions involving commercial/corporate transactions, regulatory enforcement, reporting, Supefund, FRP, SPCC, contamination incidents (involving petroleum, distillates, VOCs, HVOC’s, hazardous substances, etc.) from USTs, UIC’s, bulk storage facilities and pipelines; review of business standards (including FCPA matters), and SDWA Action Levels.

Additional Relevant / Transactional Experience & Roles

• Represented creditor stakeholder on legislative, fiscal and restructuring, economic developments pertaining to Puerto Rico’s fiscal, energy and economic crisis. Testified before the U.S. Congress House Committee of Natural Resources, on January 2016, on “Exploring Energy Challenges and Opportunities Facing Puerto Rico”.
• Collaborated with U.S. Congressional representatives drafting bankrutpcy statute – Puerto Rico Oversight Management and Economic Stability Act of June 30, 2016 (PROMESA).

Publications

• The Law Reviews – The Environment & Climate Change Law Review, (3d, 4^th, 5^th, 6^th 2019-2022); ABA Infrastructure & Regulated Industries Section (2021); Latin American Advisor/Energy Advisor, The Dialogue (2019); ABI (2016); U.S. Congress – Energy Challenges & Opportunities Facing Puerto Rico (2016).

Non-Governmental Organizations

• Member, past Chair, Puerto Rico Conservation Trust (Para La Naturaleza) Advisory Council. Advise and work with executive management in its mission as a leading private, non-profit organization to secure healthy ecosystems, educate about ecosystem services and conservation initiatives for social, economic, and quality of life goals.
• President, Management Conference of the San Juan Bay Estuary Program. Led the Management Conference’s efforts as a non-profit under the National Estuary Program (NEP), administered by the U.S. EPA, to restore and protect the San Juan Bay estuary. Projects include strategic plan, research, design, and implementation of the Comprehensive Conservation Management Plan (CCMP), climate change risk, and environmental justice.