José Daniel Franco
José Daniel Franco
Biography
José Daniel Franco Fernández is an associate with over a decade of experience in energy law, infrastructure and project finance. Since joining White & Case in 2018, José Daniel has been instrumental in leading significant transactions in the electricity and hydrocarbons sectors, advising top-tier local and international clients on complex regulatory, contractual, financing, M&A, and litigation matters.
José Daniel's regulatory expertise includes securing and modifying permits from the National Energy Commission and other authorities, ensuring compliance, and addressing regulatory inquiries for clients in the energy sector.
He has extensive experience in drafting and negotiating key contracts in the electricity sector such as electricity coverage contracts and power purchase agreements, as well as fuel supply, transportation, and storage agreements and other contracts related to the hydrocarbons sector
José Daniel has successfully led numerous project financing initiatives, conducting legal audits and negotiating financing documents for major infrastructure projects, involving electricity, hydrocarbons, highway and railway assets. He has also played a key role in mergers and acquisitions, particularly in investment and divestment operations in the energy industry.
He has been part of the team representing clients in administrative and constitutional litigation, including amparo proceedings challenging reforms to the Electricity Industry Law and Hydrocarbons Law, as well as other government acts and resolutions issued by energy authorities.
Before his tenure at White & Case, José Daniel worked at a leading law firm in Mexico City and served in the Legal Affairs Unit of the National Center for Natural Gas Control.
Experience
Significant recent experience includes the representation of:
- BofA Securities, Inc., Citigroup Global Markets Inc., Barclays Capital Inc. and Santander US Capital Markets LLC, as initial purchasers, on FIBRA-E CFE's (BMV: FCFE) inaugural issuance of US$725 million aggregate principal amount of 5.875% senior notes due 2040. The successful issuance of the notes was ten times oversubscribed and marks the first note issuance transaction by a Mexican FIBRA-E.
- BVA Mexico, S.A., MUFG Bank, Ltd., MUFG Bank México, S.A. and Sumitomo Mitsui Banking Corporation on the approximately US$190 million refinancing of four utility-scale solar power projects, known as Aguascalientes, Andalucía, San Ignacio and Viborillas, located in the states of Aguascalientes, Coahuila, Jalisco and Yucatán, Mexico.
- TotalEnergies on the signing of an agreement with Sapura Upstream Assets to acquire 100% percent interest in Malaysian independent gas producer and operator SapuraOMV Upstream Sdn (SapuraOMV) for US$530 million.
- Banco Nacional de Obras y Servicios Públicos, Sociedad Nacional de Crédito, Institución de Banca de Desarrollo (Banobras) and Fondo Nacional de Infraestructura (FONADIN) in connection with the approximately US$6 billion acquisition financing for a portfolio of 13 power plants, with an aggregate capacity of 8,500 MWs, acquired from Iberdrola by an acquisition trust managed by Mexico Infrastructure Partners FF, S.A.P.I. de C.V.
- Terminal Química Puerto México, S.A.P.I. (TQPM) on its US$440 million senior secured debt financing extended by a group of commercial and development banks. The proceeds were used by TQPM to construct an ethane import terminal for the receipt and storage of imported cryogenic ethane to be located in the Pajaritos Lagoon in the State of Veracruz, Mexico, and a pipeline to deliver ethane to Braskem Idesa's petrochemical complex 12 kilometers away.
- Banobras on the potential refinancing to be granted to Ferrocarriles Suburbanos to be used for the construction of a new route of the Suburban Railroad to connect Lechería with the International Airport 'Felipe Ángeles' (AIFA).
- China Power International Holding and Zuma Energía on the acquisition of six renewable generation projects in Mexico, owned by Jaguar Solar, namely Ahumadas, a group of four photovoltaic generation facilities with a total installed capacity of 120MW located in the State of Chihuahua, Mexico; Rancho El Trece, a 30MW photovoltaic power plant located in the State of Chihuahua, Mexico; and Torreoncitos, a 30MW photovoltaic power plant located in the State of Chihuahua, Mexico.
- Braskem Idesa on the refinancing of its US$1.35 billion project finance loans with US$1.2 billion in aggregate principal amount of 6.990% senior secured sustainability-linked notes due 2032 and a US$150 million term loan facility. Morgan Stanley, Crédit Agricole CIB, Deutsche Bank and Itaú BBA acted as joint lead arrangers and joint bookrunners.
- Several energy companies in amparo trials against certain energy policies (i.e., Resolution of the National Energy Control Center on the occasion of the COVID-19 pandemic; the Reliability policy of the Ministry of Energy and resolutions of the Energy Regulatory Commission to modify legacy green and conventional transmission rates) that aim to prevent the limitation of private power plants' participation in the Mexican electricity market. The White & Case team succeeded in convincing various District Judges to exceptionally admit the demand while work was suspended for the COVID-19 virus and to grant the final suspension to our customers to eliminate the application of such prohibitions and allow them to continue their operations.
- Banco Nacional de Comercio Exterior, and Banco Sabadell, as lenders in connection with a US$55 million project financing of a 115.5 megawatt solar project located in the state of Durango, Mexico, including all aspects of due diligence related to the project. The sponsor of the project is EOSOL Energy de México. We also represented Banco Nacional de Comercio Exterior, as lender of a VAT facility for US$15 million to finance the VAT associated to the project costs.
- Howard Energy Partners, on the analysis of legal risks related to certain energy-related agreements executed by the company and state-owned productive enterprises, as well as regulatory compliance of certain natural gas transportation assets in Mexico.
Associates to Watch: Energy & Natural Resources: Oil & Gas
Chambers Latin America: Mexico
Associates to Watch: Energy & Natural Resources: Power
Chambers Latin America: Mexico
Leading Associate: Energy & Natural Resources
The Legal 500 Mexico
"Mexico: Renewable Energy", The Legal 500 Country Comparative Guides", 2025 (Co-author with Francisco de Rosenzweig)
Panoramic: Renewable Energy 2025 – Lexology (co-author with Francisco de Rosenzweig)
"Mexico: Renewable Energy", The Legal 500 Country Comparative Guides", 2024 (Co-author with Francisco de Rosenzweig)
Energy Disputes - Work areas - Getting The Deal Through - Lexology 2024 (co-author with Isamel Reyes Retana, Francisco de Rosenzweig, Fernando García Gómez and Yuriria Galicia)
Renewable Energy - Work areas - Getting The Deal Through - Lexology 2024 (co-author with Francisco de Rosenzweig)
"Mexico: Renewable Energy", The Legal 500 Country Comparative Guides", 2022 (Co-author with Francisco de Rosenzweig)
The Energy Reform initiative and climate change, Revista Abogado Corporativo, Co-author with Jorge Kim, Volume May-June, 2022