electricity
Our Electricity Group includes professionals with extensive legal expertise on the regulated and unregulated sides of the power business. We understand and have helped design electricity markets and we have acted for a variety of generation and cogeneration clients across Canada and throughout North America. We have been involved in transmission and distribution projects as well as the corporatization of local distribution companies and their regulation.
We represent a broad range of generators and developers, from several of the world's largest independent power producers, to provincial utility generators, to development stage proponents of small distributed generation projects, all with respect to both renewable and fossil-fuelled projects. We have also served as counsel to both the Canadian Solar Industries Association (CanSIA) and the Ontario Energy Association (OEA), and were counsel to the Ontario Power Authority with respect to the development of the Renewable Energy Standard Offer Program (RESOP), which served as the basis for Ontario's Feed-In Tariff Program (FIT).
The depth of our knowledge and experience is also gained from representing clients who finance renewable and fossil-fuelled power projects; pursue demand-side management initiatives; construct, maintain and manage their wires businesses; trade power and transmission-related commodities and derivatives; and retail power and renewable energy credits at the residential and commercial levels.
Our understanding of the complicated regulatory infrastructure that underpins the power industry enables us to represent both public and private clients in public hearings and other regulatory proceedings and permits us to effectively structure and execute transactions.
We have experience in mergers and acquisitions, project management and establishing and licensing energy clients to develop projects and do business in various jurisdictions. We also offer commercial and regulatory advice; negotiate and draft power purchase agreements, gas purchase agreements, renewable energy credit sales contracts, steam supply agreements, and other energy related agreements. We develop tax strategies to maximize investor returns, and assist our power industry clients in public markets, structured products and financings.
A member of the McMillan team currently serves as Chair of the Ontario Energy Board's Market Surveillance Panel; another previously served as Senior Energy Policy Advisor to Ontario's Minister of Energy and on the Board of Directors of Canada's largest municipal utility.
Our project experience speaks for itself:
Wind Project Experience
- 100 MW West Cape Wind Farm in Prince Edward Island (Acquisition, Financing, Sale, Assignment and Operation)
- 9 MW Norway Wind Farm in Prince Edward Island (Acquisition, Financing and Operation)
- 100 MW Caribou Wind Farm in New Brunswick (Development and Operation)
- 10 MW Mohawk Point Wind Farm in Ontario (Property Leasing on behalf of Landowners)
- 80 MW Taber Wind Farm in Alberta (REC Sales)
- 63 MW Kettles Hill Wind Farm in Alberta (REC Sales)
- 102 MW Bear Mountain Wind Farm in British Columbia (Development and Financing)
- Proposed 100 MW + wind park in Saskatchewan (Acquisition and Development)
- Proposed 100 MW + wind park in Ontario (Acquisition and Development)
- Proposed 240 MW wind park in Ontario (Development)
- Proposed 105 MW Port Dover & Nanticoke Wind Project in Ontario (Development and Sale)
- Wind Farm Option, Lease and Easement Agreements (for developers and landowners)
- EcoLogo Master License Agreements (for developers)
- Acted for a Canadian power income fund in the context of the acquisition of several power generation facilities.
Solar Project Experience
- Establishment of European solar equipment manufacturer's operations in Canada
- Solar Rooftop Leases (for a wide variety of developers)
- Structuring for 4 x 10 MW ground-mounted solar projects in Ontario (for developers)
- EPC Contracts for 6 x 10 MW ground-mounted solar projects in Ontario (for developer)
- Broker Services Agreements (for developers)
- Development Services Agreements (for developers)
- Development of proposed 10 MW ground-mounted solar project in Ontario (for developer)
Natural Gas-Fired Generation Project Experience
- 110 MW West Windsor Power Co-Generation Facility in Ontario (Operation and Financing)
- 50 MW Maitland Co-Generation Facility in Ontario (Operation)
Biomass Project Experience
- Development of proposed 10 MW Kingsville Energy Co-Generation Facility in Ontario
- Represented biomass proponent in BC Clean Power Call
- Negotiated BC Hydro Integrated Power Offer for pulp & paper participant in the Green Transformation Program
Hydro-Electric Project Experience
- Represented purchaser of hydro-electric facilities and provided advice regarding their capacity to expand
- Represented proponent and applicant of record in proposed development of hydro-electric facilities
- Acted for municipal electric utility owner and operator of hydro electric generating facilities and transmission and distribution systems, including procurement, PPAs and rate hearings
- Represented German-based multinational manufacturer in its negotiations and sales of hydroelectric turbines and generators to power authorities in Ontario, Québec, British Columbia, Alberta and Nova Scotia (including latest 500 MW generating station No. 5 at BC Hydro's Revelstoke Dam)
Nuclear Project Experience
- Provided advice in relation to contracts for nuclear refurbishment project
Power Purchase Agreement Experience
- Ontario NUG Contracts (for Gas-Fired Generators)
- Ontario RES Contract (for Wind Power Proponents)
- Ontario CES Contract (for Co-Generation Proponents)
- Ontario DSM Contract (for District Energy Proponents)
- Ontario RESOP Contract (for Ontario Power Authority and Proponents)
- Ontario FIT Contract (for Generators)
- Ontario microFIT Contract (for Applicants)
- REC Purchase and Sale Agreements (for commercial and residential Purchasers and Sellers)
- Green Power Retail Contracts (for Retailers)
- NB Power PPA (for Wind Generator)
- Hydro Quebec PPA (for Wind Generator)
- NS Power PPA (for Wind Generator)
- BC Hydro Clean Power Call PPA (for Biomass Proponent)
- BC Hydro Large Project Electricity Purchase Agreement (for Wind Generator)
- BC Hydro Integrated Power Offer (for Biomass Generator)
- Standard Form Residential Power Purchase Agreements (for Retailers)
- Standard Form Commercial Power Purchase Agreements (for Retailers)
- Standard Form PPA (for Wholesaler)
- Negotiated Commercial PPAs (for Retailers and Consumer)
- Edison Electric Institute (EEI) Master Power Purchase & Sale Agreement
- ISDA Master Agreement
- Industrial Customer PPAs and Rate Hearings
- Standard Form PPAs of Coral Energy Canada Inc., EPCOR Merchant and Capital, Sempra Energy Trading, Brookfield Energy Marketing Inc., Schneider Power Inc., Sky Generation, Toronto Hydro Energy Services, BP Canada, ENCORE, ENMAX, Dynegy, Enron Direct LP, Constellation NewEnergy, OPG (for counterparties).
Gas Purchase Experience
- Gas Purchase Agreements (Negotiation, Renegotiation and Termination)
- Arbitration regarding price escalation clauses (for Gas Purchaser)
- TCPL Gas Transportation Experience (for Generators)
- Import and Export Licensing (for Generators and Traders)
- GasEDI Base Contract for Short-Term Sale and Purchase of Natural Gas
- NAESB Base Contract for Sale and Purchase of Natural Gas (and Canadian Addendum)
Steam Sale Experience
- Steam Sale Agreements (for Co-Gen Operators)
- Site Services Agreements (for Co-Gen Operators and Steam Hosts)
CO2 Supply Experience
- CO2 Supply Agreements (for Co-Gen Operators)
Renewable Energy Credit Experience
- REC Sales Agreements (for Generators and Retailers)
- ecoLogo Master License Agreement (for Wind Developers)
Financing Experience
- Financing for a 100 MW wind farm (Borrower's Counsel)
- Financing for a 9 MW wind farm (Borrower's Counsel)
- Financing for a 110 MW natural gas co-generation facility (Borrower's Counsel)
- Financing for a 102 MW wind farm (Borrower's Counsel)
- $225 million IPO and $530 million secondary offering of Toronto Hydro debentures
- $1 billion medium term note program for Toronto Hydro
- Restructuring of $1 billion of outstanding Toronto Hydro shareholder debt
- ecoEnergy for Renewable Power Contribution Agreement (for Wind Developers)
- Contribution Agreements under the federal Green Transformation Program (for Biomass Generator)
- Synthetic lease financing of gas distribution utility assets
- $600 million credit facility to a power generator (Lender's counsel)
- Loan to an electricity distribution utility from a municipality and the issuance by the electricity distribution utility of redeemable shares
- Advised a privately offered hedge fund that invests in issuers engaged in the global energy sector
First Nations Project Experience
- Counsel to First Nations Community proposing to develop 10 MW ground-mounted solar facility
Electricity Policy Experience
- Market Opening: The Chair of our Electricity Group served as Senior Energy Policy Advisor to the Minister of Energy and was responsible for overseeing the opening of the competitive electricity market in Ontario
- Integrated Power System Plan: Represented the Canadian Solar Industry Association (CanSIA) at Ontario Energy Board's IPSP hearings
- Renewable Energy Standard Offer Program: Acted for the Ontario Power Authority in designing Canada's first standard offer feed-in tariff rules and standard form contract for renewable energy
- Long Term Energy Plan: Providing strategic advice to a national industry association on impacts of Ontario's LTEP
- Blackout Protocol: Advised an industry association with respect to the development of a protocol for electrical re-start prioritization under the Emergency Management and Civil Protection Act
- Municipal Policy: Represented interest groups in lobbying efforts with respect to decisions of municipal councils
- Provincial Advisory Team: Member of the Corporate Financial Restructuring Advisory Team formed by Ontario Hydro in response to the Ontario government's White Paper concerning the electricity industry
- Market Reform: Assisted in drafting proposed legislation for the energy sector reform in Russia
Commodity Trading Experience
- Canadian counsel to the purchaser of a major international energy trading business
- Regularly advise US and European investment banks and energy traders on corporate, regulatory and licensing requirements with respect to launching energy trading businesses in Canada
- Import and Export Licensing
Publications / Presentations
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