Mike Richmond 

Co-Chair, Energy and Power
Toronto  t: 416.865.7832  |  e: mike.richmond@mcmillan.ca

Mike Richmond

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7832
e: mike.richmond@mcmillan.ca

overview

Mike Richmond is the Co-Chair of our Energy and Power Group with a focus on electricity, renewables and utilities.

Mike provides commercial, regulatory and financing advice to developers, investors and lenders of power projects, with a focus on renewable energy and power generation projects, such as wind, solar and biomass. Mike has acted on renewable energy projects in respect of project acquisitions, site and rooftop leases, EPC contracts, equipment purchases and warranties, connection agreements and disputes, financings and dispositions. He has provided substantial advice in relation to power purchase agreements, including Feed-in Tariff, Standard Offer, Non-Utility Generation, and electricity wholesale and retail contracts. He has also been involved in the incorporation, sale and amalgamation of electricity distribution companies.

Mike has represented numerous clients in the distribution, metering, generation and municipal sectors with respect to the development and promotion of public policy positions, and acted for the Ontario Power Authority in the development of Ontario's Renewable Energy Standard Offer Program. He has also served as counsel to several energy industry associations.

Prior to joining McMillan LLP, Mike served as Senior Energy Policy Advisor to Ontario's Minister of Energy, responsible for overseeing the restructuring of Ontario's electricity markets. This included the drafting of legislation and regulations relating to the introduction of a competitive market, overseeing a public awareness and consumer education campaign, and advising Cabinet Ministers on matters ranging from the disposition of Hydro One and OPG, to the creation of an emission trading framework, to the selection of a market opening date.

Mike is also a member of McMillan Vantage LP 

Representative Matters

 Power Purchase Agreements

  • Negotiated NUG Contract with Ontario Power Authority on behalf of a gas-fired non-utility co-generation plant
  • Provided advice and risk assessments with respect to OPA Large Renewable Procurement process, rules and contract
  • Provided advice and risk assessments with respect to OPA Feed-In Tariff (FIT) process, rules and contract
  • Advised on submission of FIT Applications
  • Advised on transfers of and amendments to FIT Contracts
  • Negotiated power purchase agreements with provincial utilities on behalf of wind developers
  • Negotiated black start service contracts with Independent Electricity System Operator
  • Negotiated energy supply agreements and site service contracts with respect to utilities
  • Advised energy retailers in connection with the drafting of standard form retail contracts for power and RECs
  • Negotiated PPA Term Sheets with OEFC on behalf of non-utility generators
  • Advised on Force Majeure disputes with provincial utilities and agencies
  • Advised a co-generation plant with respect to Steam Sale Agreements
  • Acted for a non-utility generator in an arbitrated dispute involving the selection of appropriate escalator indices for gas purchase agreements and power purchase agreements
  • Negotiated and drafted Ontario model agreements for a retail demand-side management service provider
  • Acted for the Ontario Power Authority in designing Ontario's first standard offer feed in tariff and standard form contracts for renewable energy

Energy Regulation

  • Argued gas bypass case at Ontario Energy Board on behalf of a power generator 
  • Provided advice on compliance with engineering regulations and assisted in securing licenses and certificates
  • Advised on Ontario Energy Board (OEB) license applications and amendments
  • Provided regulatory advice and negotiated terms of interconnection arrangements for distributed generation facilities
  • Provided regulatory advice to a district energy system
  • Provided regulatory and licensing advice to a self-generating non-utility generator
  • Provided advice on Debt Retirement Charge application and exemptions
  • Provided licensing advice to US based participants in Canadian energy markets
  • Provided regulatory advice in respect of engineering and electrical contracting services  

Project Development

  • Drafted template forms of wind park leases and easements
  • Drafted and negotiated solar rooftop leases, easements and licenses
  • Drafted and negotiated individual and master agreement forms of engineering, procurement and construction contracts (EPC)
  • Drafted and negotiated individual and master agreement forms of equipment supply agreements
  • Drafted, negotiated and reviewed Operation and Maintenance agreements (O&M) for wind, solar and co-generation projects
  • Negotiated steam pipeline easement agreements
  • Canadian Counsel to the purchaser of an international energy trading business
  • Advised energy clients in the structuring of access arrangements for the purchase, sale, lease and development of real property interests
  • Drafted standard form development and connection agreements for a local distribution company
  • Negotiated Connection Agreements with local distribution utilities

Project Acquisition and Disposition

  • Structured and negotiated the acquisition of hundreds of solar projects and FIT Contracts
  • Advised on the sale of a wind project to the Korean Consortium
  • Counsel to various purchasers of wind projects, solar projects and development assets
  • Acted in the start-up of a green power retail company
  • Advised numerous electricity distribution companies in connection with incorporations, sales and amalgamations pursuant to the Energy Competition Act, 1998
  • Advised on the corporate restructuring and assignment of various power project portfolios

Project Financing

  • Structured and negotiated terms of financings and security packages for renewable energy projects
  • Advised on construction and take-out financings for independent power projects
  • Advised co-generation and renewable energy project owners on compliance with terms of financing arrangements
  • Acted for municipalities in the financing, structuring and construction of water and sewage pipeline infrastructure, including the acquisition of public and private funding, land rights and permits

Energy Policy

  • Advised participants in the OPA's Renewable Energy Standard Offer Program
  • Advised Clean Energy Supply and Demand-Side Management bidders into Ontario RFP process
  • Acted for a coalition of electricity distribution companies in designing revised market structures, including the introduction of Load Serving Entities, and lobbying government ministries, agencies and boards with respect to adoption of such structures and the drafting of new legislation

Presentations

Ideas Interlude: Regulatory Policy Across North America
The Changes Regulators Need to Make
Regulatory and Policy Barriers to Distributed Generation and Renewable Energy Projects

Publications

The Energy Storage Procurement Framework – Phase I Commencing in March 2014
Ontario's Long-Term Energy Plan, 2013: "Achieving Balance" Through Clean Energy, Conservation & Innovation
Ontario's Green Energy Feed-in Tariff Program Re-Launched and Revised

News

McMillan LLP Launches National Public Affairs Firm, McMillan Vantage Policy Group
Fourteen McMillan Lawyers featured in the Lexpert 2014 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
Lexpert names Amandeep Sandhu one of the Leading Lawyers in Canada Under 40

Education

  • University of Toronto, LLB - 1998
  • University of Ottawa, B.S.Sc. - 1995

Year Of Call

  • Called to the Ontario bar - 2000

Practices

business law
government and public policy
acquisitions and divestitures

Industries

energy
electricity and utilities
renewables
oil and gas
alternatives

Directorships and Professional Associations

  • Former Director of the Ontario Sustainable Energy Association
  • Former Director of Tribute Resources Inc.
  • Former Director of Toronto Hydro Corporation
  • Former Director of the Ontario Energy Association
  • Former Officer of Bullfrog Power Inc.
  • Member of the Canadian Solar Industries Association
  • Member of the Ontario Energy Association
  • Member of the Ontario Bar Association's Public Affairs Committee
  • Member of the National Energy Board

Teaching Engagements

  • Guest Lecturer on Energy Policy, Master of Public Administration degree program, Queen's University School of Policy Studies, 2008-2014

Awards & Rankings

  • Ranked in Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada 2014 as a Corporate Lawyer to Watch in the areas of Energy and Power

     

Media Mentions

vcard

Mike Richmond is the Co-Chair of our Energy and Power Group with a focus on electricity, renewables and utilities.

Mike provides commercial, regulatory and financing advice to developers, investors and lenders of power projects, with a focus on renewable energy and power generation projects, such as wind, solar and biomass. Mike has acted on renewable energy projects in respect of project acquisitions, site and rooftop leases, EPC contracts, equipment purchases and warranties, connection agreements and disputes, financings and dispositions. He has provided substantial advice in relation to power purchase agreements, including Feed-in Tariff, Standard Offer, Non-Utility Generation, and electricity wholesale and retail contracts. He has also been involved in the incorporation, sale and amalgamation of electricity distribution companies.

Mike has represented numerous clients in the distribution, metering, generation and municipal sectors with respect to the development and promotion of public policy positions, and acted for the Ontario Power Authority in the development of Ontario's Renewable Energy Standard Offer Program. He has also served as counsel to several energy industry associations.

Prior to joining McMillan LLP, Mike served as Senior Energy Policy Advisor to Ontario's Minister of Energy, responsible for overseeing the restructuring of Ontario's electricity markets. This included the drafting of legislation and regulations relating to the introduction of a competitive market, overseeing a public awareness and consumer education campaign, and advising Cabinet Ministers on matters ranging from the disposition of Hydro One and OPG, to the creation of an emission trading framework, to the selection of a market opening date.

Mike is also a member of McMillan Vantage LP 

 Power Purchase Agreements

  • Negotiated NUG Contract with Ontario Power Authority on behalf of a gas-fired non-utility co-generation plant
  • Provided advice and risk assessments with respect to OPA Large Renewable Procurement process, rules and contract
  • Provided advice and risk assessments with respect to OPA Feed-In Tariff (FIT) process, rules and contract
  • Advised on submission of FIT Applications
  • Advised on transfers of and amendments to FIT Contracts
  • Negotiated power purchase agreements with provincial utilities on behalf of wind developers
  • Negotiated black start service contracts with Independent Electricity System Operator
  • Negotiated energy supply agreements and site service contracts with respect to utilities
  • Advised energy retailers in connection with the drafting of standard form retail contracts for power and RECs
  • Negotiated PPA Term Sheets with OEFC on behalf of non-utility generators
  • Advised on Force Majeure disputes with provincial utilities and agencies
  • Advised a co-generation plant with respect to Steam Sale Agreements
  • Acted for a non-utility generator in an arbitrated dispute involving the selection of appropriate escalator indices for gas purchase agreements and power purchase agreements
  • Negotiated and drafted Ontario model agreements for a retail demand-side management service provider
  • Acted for the Ontario Power Authority in designing Ontario's first standard offer feed in tariff and standard form contracts for renewable energy

Energy Regulation

  • Argued gas bypass case at Ontario Energy Board on behalf of a power generator 
  • Provided advice on compliance with engineering regulations and assisted in securing licenses and certificates
  • Advised on Ontario Energy Board (OEB) license applications and amendments
  • Provided regulatory advice and negotiated terms of interconnection arrangements for distributed generation facilities
  • Provided regulatory advice to a district energy system
  • Provided regulatory and licensing advice to a self-generating non-utility generator
  • Provided advice on Debt Retirement Charge application and exemptions
  • Provided licensing advice to US based participants in Canadian energy markets
  • Provided regulatory advice in respect of engineering and electrical contracting services  

Project Development

  • Drafted template forms of wind park leases and easements
  • Drafted and negotiated solar rooftop leases, easements and licenses
  • Drafted and negotiated individual and master agreement forms of engineering, procurement and construction contracts (EPC)
  • Drafted and negotiated individual and master agreement forms of equipment supply agreements
  • Drafted, negotiated and reviewed Operation and Maintenance agreements (O&M) for wind, solar and co-generation projects
  • Negotiated steam pipeline easement agreements
  • Canadian Counsel to the purchaser of an international energy trading business
  • Advised energy clients in the structuring of access arrangements for the purchase, sale, lease and development of real property interests
  • Drafted standard form development and connection agreements for a local distribution company
  • Negotiated Connection Agreements with local distribution utilities

Project Acquisition and Disposition

  • Structured and negotiated the acquisition of hundreds of solar projects and FIT Contracts
  • Advised on the sale of a wind project to the Korean Consortium
  • Counsel to various purchasers of wind projects, solar projects and development assets
  • Acted in the start-up of a green power retail company
  • Advised numerous electricity distribution companies in connection with incorporations, sales and amalgamations pursuant to the Energy Competition Act, 1998
  • Advised on the corporate restructuring and assignment of various power project portfolios

Project Financing

  • Structured and negotiated terms of financings and security packages for renewable energy projects
  • Advised on construction and take-out financings for independent power projects
  • Advised co-generation and renewable energy project owners on compliance with terms of financing arrangements
  • Acted for municipalities in the financing, structuring and construction of water and sewage pipeline infrastructure, including the acquisition of public and private funding, land rights and permits

Energy Policy

  • Advised participants in the OPA's Renewable Energy Standard Offer Program
  • Advised Clean Energy Supply and Demand-Side Management bidders into Ontario RFP process
  • Acted for a coalition of electricity distribution companies in designing revised market structures, including the introduction of Load Serving Entities, and lobbying government ministries, agencies and boards with respect to adoption of such structures and the drafting of new legislation
September 27, 2016
Ideas Interlude: Regulatory Policy Across North America
Energy Conference 16, Ontario Energy Association, Toronto, Ontario
November 2014
The Changes Regulators Need to Make
APPrO Annual Conference
September 2013
Regulatory and Policy Barriers to Distributed Generation and Renewable Energy Projects
EUCI Conference: Securing Ontario's Distribution Grid of the Future