R. Kenneth S. Pearce
Partner | Toronto
Toronto: 416-863-3286

Ken advises domestic and international corporations on a wide range of energy-related matters, including mergers and acquisitions; responding to requests for proposal (RFPs); project development and engineering, procurement and construction agreements; wind turbine, solar panel and equipment supply agreements; project finance; power purchase and steam off-take agreements; and long-term maintenance contracts.

Ken has acted on wind, solar, hydroelectric, thermal/gas-fired and nuclear generating projects.

SELECT EXPERIENCE

Ken has advised on a wide range of energy-related and public-private partnership projects, including acting as counsel to:

  • Renewable Energy Trust, as Canadian counsel, in connection with the sale of its North American solar portfolio to Axium Infrastructure consisting of 84 MW comprised of eight solar generating projects (three in Ontario, two in California and three in Georgia)

  • Algonquin Power & Utilities Corp., which owns interests in more than 60 generating facilities in Canada and the United States, including advising on acquisitions and financings, including, most recently, advising on the C$1-billion convertible debt offering being used to partially finance the C$3.4-billion acquisition of The Empire District Electric Company, a Missouri-based local distribution company (electric and gas) with a generating portfolio of 1,280 MW

  • Ontario Power Generation in connection with the development of the C$300-million, 28 MW New Post Creek hydroelectric generating project in northern Ontario

  • Renewable Energy Trust in connection with its acquisition of the equity interests in three 10 MW solar generating projects in Ontario from Canadian Solar

  • Fiera Axium on its acquisition of a 50 MW solar PV portfolio in Ontario from GE Energy Financial Services and Alterra Power Corp.

  • Ontario Power Generation in connection with the negotiation and execution of a two-phase contract with a joint venture between SNC-Lavalin Nuclear and AECON Construction to plan for and then replace components of the four reactors at the Darlington Nuclear Station

  • Fiera Axium on its acquisition of a 100 per cent equity interest in 47 MW of solar-generating projects in Ontario from EDF EN Canada Inc.

  • Ontario Power Generation in connection with the redevelopment of hydroelectric generating projects in northern Ontario

  • GE Energy Financial Services on the acquisition of an interest in, development and financing of the 196 MW Toba Montrose hydroelectric project and the 144 MW Dokie wind project, both located in British Columbia

  • The Ontario Power Authority in developing the request for proposals (RFPs) and contracts for the up to 1,000 MW of combined heat and power RFP

  • The Ontario Ministry of Energy in negotiating the Bruce Power nuclear refurbishment and implementation agreement

  • A developer in connection with the development, construction and financing of a 500 MW natural-gas-fired generating facility located in southwestern Ontario

  • AirSource Power Fund I LP in connection with an initial public offering of units, subordinated construction debt facility, senior credit facility and project construction agreements for a C$210-million wind-energy project constructed in southwestern Manitoba

  • Developers in connection with power purchase agreements (PPAs) and related contract drafting, negotiations, financing reviews and related advice on PPAs across Canada and the United States

  • The lead underwriters in connection with an initial public offering of C$225-million of debt by Toronto Hydro, an up to C$1-billion medium term note program and a C$491-million secondary offering of Toronto Hydro debentures by the City of Toronto

AWARDS & RECOGNITION

Ken has been recognized as a leading energy practitioner in the following publications:

  • Who's Who Legal: Canada - 2013-2017 (Energy)

  • The Legal 500 Canada 2016 (Recommended Lawyer - Energy/Power)

  • Chambers Global: The World's Leading Lawyers for Business - 2014-2015