Power

Successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners

Lead counsel in a successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners, in Peace River Hydro Partners, et al. v. Petrowest Corporation, et al., a case which involves the question of whether a receiver can disclaim an arbitration clause while still enforcing the underlying contract.

Sale of the of the 131 km Pioneer Pipeline by TransAlta Corporation

Counsel to TransAlta Corporation in connection with the sale by TransAlta and its partner, Tidewater Midstream & Infrastructure Ltd., of the 131 km Pioneer Pipeline to NOVA Gas Transmission Ltd., a wholly owned subsidiary of TC Energy Corporation, for a purchase price of $255 million.

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TransAlta Corporation asset acquisition from Kineticor Holdings Limited Partnership

Counsel to TransAlta Corporation in respect of the agreement with Kineticor Holdings Limited Partnership #2 to acquire the Limited Partnership responsible for developing the Three Creeks Power Project (two 230 MW Siemens F class gas turbines and related equipment) for $84 million.

Commercial arrangements for a Dow Chemical Canada ULC cogeneration facility

Counsel to Dow Chemical Canada ULC in connection with the commercial arrangements pertaining to the cogeneration facility owned by TransAlta Cogeneration L.P and Prairie Boys Capital Corporation located on Dow's Fort Saskatchewan, Alberta site.

Late-stage development financing for Daytona Power Corporation's Southern California project

Counsel to Daytona Power Corporation in respect of late-stage development financing for Phase I of the 500MW Lake Elsinore Advanced Pumped Storage Project (LEAPS) in Southern California, and for Phase II involving an additional 500MW Lake Elsinore Advanced Pumped Storage Project (LEAPS II).

Windfarm asset project refinancing and extension

Counsel to Box Springs Wind Corporation in the refinancing and extension of the project financing for a windfarm asset in Southern Alberta.

Daytona Power Corporation's late-stage project development financing

Counsel to Daytona Power Corporation regarding a late-stage development financing for the Blue Diamond 500MW Advanced Pumped Hydro Storage Project in Nevada.

Daytona Power Corporation's late-stage project development financing

Counsel to Daytona Power Corporation in respect of late-stage development financing for a large scale (3,500 – 4,000 MW) offshore to onshore, high voltage direct current transmission project in California.

Restructuring of Westmorland Coal Company and its Alberta mining operations

Acted as local transactional agent counsel in regard to the cross border, Chapter 11 driven, restructuring of Westmorland Coal Company and its Alberta mining operations through its Alberta subsidiary corporations. This engagement involved several stages of debt restructuring, a complex tax structured credit bid purchase of all the shares of Westmoreland's Alberta subsidiaries, and various transactional logistics necessitated by Westmoreland's convoluted international corporate structure and Alberta's regulatory environment.

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Canadian Solar Inc.'s Alberta Infrastructure RFP submissions for three solar projects

Counsel to Canadian Solar in its submission of three solar projects under the Alberta Infrastructure RFP, achieving "Selected Proponent" status and being awarded a Solar Electricity Support Agreement with the Province of Alberta for all three projects.

Maxim Power Corp. converting an electric generation facility from coal to natural gas

Counsel to Maxim Power Corp., through its wholly-owned subsidiary Milner Power Limited Partnership, in the conversion of the H.R. Milner electric generation facility from coal to natural gas. We advised in connection with the on-going development and financing of a state-of-the-art 204MW natural gas-fired power plant near Grande Cache, Alberta, including the acquisition of a General Electric Frame 7 F-Class combustion turbine generator and certain related equipment from Kennecott Utah Copper LLC.

TransAlta Corporation's development of a wind power project

Counsel to TransAlta Corporation in connection with the development of a 200 MW+ wind farm project following it having achieved “Selected Proponent” status under AESO’s REP Round 3 program.

Maxim Power Corp.'s sale of a proposed wind development project

Counsel to Maxim Power Corp. in the sale of the proposed 34.5 MW Buffalo Atlee wind development project to Capstone Power Development (B.C.) Corp.

Appeal of an arbitration award

Successfully struck an appeal of an arbitration award. (ENMAX Energy Corporation v. TransAlta Generation Partnership, 2018 ABQB 142)

ARC Resources Ltd.'s electrification of natural gas processing facilities

Counsel to ARC Resources Ltd. in the electrification of its natural gas processing facilities in the Montney region of British Columbia through the connection to the BC Hydro transmission system.

Successful defense of insider trading allegations

Counsel to the senior management team of a mining company in the successful defense of insider trading allegations before Alberta Securities Commission. (Stan, Re, 2013 ABASC 148).

Negotiating agreement for Dow Chemical Canada ULC

Counsel to Dow Chemical Canada ULC in connection with the negotiation of numerous NGL and feedstock purchase and sale, transportation, storage, extraction and interconnection agreements

Proposed $11 billion plastics manufacturing joint venture

Counsel to The Dow Chemical Company and Dow Chemical Canada ULC in connection with a proposed (and ultimately aborted) $11 billion plastics manufacturing joint venture, known as K-Dow Petrochemicals, with Petrochemical Industries Company, a subsidiary of the state owned Kuwait Petroleum Corporation.

Dispute regarding claims of unpaid work

Counsel to electrical and instrumentation contractor relating to productivity and unpaid work claims.

Acquisition of power generation facilities

Counsel to Maxim Power Corp. in connection with its acquisition of five US based power generation facilities.

Sale of power project assets

Counsel to Maxim Power Corp in connection with the sale of the Alberta Power Project assets to AltaGas Pipeline Partnership.

WestLB AG's Companies' Creditors Arrangement Act proceedings

Counsel to WestLB AG, a senior secured lender, in connection with the CCAA proceedings concerning Earth First Canada Inc. and the related asset disposition of apartially completed 144 MW wind-power project.

Appearances before the Alberta Utilities Commission

Representation of various stakeholders and stakeholder groups in AUC proceedings pertaining to the development of electrical transmission facilities.

Acquiring and financing solar projects in Alberta

Counsel to a developer in connection with the acquisition and on-going project finance of five solar projects.

Divestiture of Dow Chemical Canada ULC assets

Counsel to Dow Chemical Canada ULC in connection with the divestiture of certain Canadian assets, including a commercial air and industrial gas separation facility and a caustic soda distribution business.

Maxim Power Corp.'s sale of Alberta power project assets

Counsel to Maxim Power Corp. in connection with the sale of the Alberta power project assets to AltaGas Pipeline Partnership.

Maxim Power Corp.'s acquisition of five power facilities in the United States

Counsel to Maxim Power Corp. in connection with its acquisition of five US-based power generation facilities.

TransAlta Corporation's joint venture arrangements for a power plant development

Counsel to TransAlta Corporation in respect of negotiating and preparing joint venture arrangements for the development of new wind power plants.

Environmental and restoration matters arising from the construction of a transmission power line

Counsel to an Alberta-based power producer in connection with environmental remediation and restoration obligations arising out of the construction of a transmission power line in a National Park in conjunction with a pipeline project.

Renewable Energy program RFP response for a power developer

Counsel to a power developer in respect to the development of a wind power project and a bid in response to an Alberta's Renewable Electricity Program RFP.

CCAA proceedings concerning the disposition of a partially completed power project

Counsel to a bank in connection with the CCAA proceedings concerning Earth First Canada Inc. and the related asset disposition of a partially completed 144 MW wind-power project.

Project finance for six power plants in Alberta

Counsel for the facility, led by Royal Bank of Scotland, in the financing for the acquisition of three existing power plants and completion of construction of an additional three power plants in Alberta by ATCO Power Limited Partnership.

Power company's bid to acquire Regional Power Inc.

Advising a power development company on its due diligence and bid to acquire Regional Power Inc., a corporate group with 106 MW of hydroelectric assets in BC and Ontario from ManuLife Financial Corporation.

Power development company's acquisition of green power

Advising a power development company on a limited partnership and contract for differences with a corporate investor that was interested in acquiring green power from an independent wind project as part of its efforts to reduce its carbon footprint.