Power

Lawson Lundell’s Power practice extends throughout Western and Northern Canada and into the Western United States. We have been involved in major electricity and alternative energy projects developed by private developers, Crown Corporations, Territorial Governments, and Local Governments. We have been involved in projects from the financing and project structuring phase, permitting and approvals, and ultimately to operations. Having been at the heart of the restructuring of BC and Alberta's electric industries, we understand the challenges and opportunities our clients face during periods of continued regulatory uncertainty.

Our experience includes a wide range of generation technologies including co-generation, gas, coal, nuclear, as well as renewable energy sources such as hydropower, biomass, wind, and solar. We have been involved in many major generation and transmission projects, distribution projects, as well as power marketing, market investigations, a myriad of power-related regulatory issues, and numerous cross-border deals and regulatory proceedings.

Our experience in the industry ranges from mergers and acquisitions, financing transactions, commercial structures, utility restructuring and reorganizations, power sale agreements, procurement, commercial litigation disputes and arbitrations, environmental assessments, international trade disputes and consultation with First Nations as well as all regulatory issues including rates, tariffs, terms of service and access to infrastructure.

We have extensive experience acting both for, and before, energy regulators such as the BC Utilities Commission, Alberta Utilities Commission (previously the Alberta Energy and Utilities Board), the Alberta Energy Regulator and the National Energy Board. We represent clients in regulatory proceedings in British Columbia, Alberta, Saskatchewan, all three Northern Territories and before federal tribunals, as well as in proceedings that straddle multiple jurisdictions.

We act for a number of active market participants including the owner and operator of most of the electric power generation, transmission and distribution facilities in British Columbia, the industry association that represents the majority of oil and gas produced in Canada, an international energy supplier active in the wholesale and retail markets and multinational renewable energy project developers, including with respect to multi-faceted and highly specialized commercial, regulatory and litigation work involving multi-year rate design and revenue requirement hearings, facility permitting, system planning, transmission interconnection consultation with First Nations and market restructuring.

Experience

Our experience includes:

• Advising on mergers, acquisitions, and divestitures
• Advising on commercial and tax issues related to power projects, including commercial negotiation of project structure agreements, reserve land use, taxation on reserve lands, and conflicts of federal and provincial laws related to the reserve lands
• Advising on commercial agreements including a co-ownership and operating agreement with respect to the purchase of a major hydroelectric dam in British Columbia
• Assisting with the preparation of comprehensive sets of standard form engineering, procurement, and construction documents. This includes preparing and negotiating various contracts within the overall project development process, from teaming and joint venture agreements to standard engineering, consulting and construction agreements to complex EPC and EPCM documents for major projects
• Providing financing advice, general corporate/commercial advice and advice on re-structuring and insolvency to independent power producers and renewable energy projects
• Acting for private consortia, significant contractors, third party lenders and governmental entities in various P3 and infrastructure projects, including with respect to complex RFP and similar procurement processes for P3 partnerships
• Advising clients in construction and project finance
• Advising on real property, leasing and land use matters
• Representing clients in energy-related arbitrations and contract disputes
• Extensive involvement in dealings with governments, including assisting with crown corporation restructuring, and legislative drafting
• Providing advice on the powers and capacities of statutory corporations and the unique legal framework in which statutory corporations operate, including the permitted scope of their activities
• Providing strategic and practical advice on the existence and fulfillment of the Crown’s duty to consult
• Working closely with government in connection with policy initiatives and the legislation and regulations required to implement such initiatives
• Advising clients on rate applications, toll design, facilities applications and cost of capital
• Assisting with drafting of proposed legislation, regulations and regulatory instruments
• Advising with respect to federal, provincial and territorial laws, regulations, guidelines and policies, such as:
  • Carbon emission and greenhouse gas reporting requirements, including CEPA requirement
  • Municipal environmental bylaw and permit compliance
  • Recycling regulations
• Advising with respect to requirements for licences, permits and authorizations

Team