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Power

Power
Power
Expertise / Sectors / Power
A client attested that the team's core strengths include ‘extreme thoroughness, depth of knowledge and experience, and ability to provide advice and direction beyond strictly legal matters’…. Another market commentator … added: ‘The team anticipates needs and brings in valuable partners or associates as required.’
Chambers Canada: Canada’s Leading Lawyers for Business 2020

The Blakes Power group has advised on diverse issues impacting power and energy-related projects, including thermal, gas-fired and combined heat and power (CHP), nuclear, district energy, and renewable energy (including wind, solar, hydro and biomass) projects. Owners and developers of electricity-generating projects, energy suppliers and consumers, and electricity traders regularly seek our guidance on a broad range of topics, including the impact of evolving markets, facilities operations, management, development, operation and financing of power projects, compliance with wholesale electricity market rules and environmental requirements, Indigenous matters, power supply, transmission and distribution challenges, and a host of other energy law issues.

Our team of lawyers are actively engaged in advising clients on the successful financing of capital-intensive projects. We have served as counsel in many of the largest and most complicated project finance transactions across Canada and internationally.

Clients rely on us because of our successes with respect to many of the largest and most high-profile projects in Canada. Our clients appreciate our comprehensive knowledge of financing techniques and access to capital, as well as our ability to anticipate problems and devise strategies to mitigate risks.

We offer a wealth of experience structuring private equity deals with developers involved in renewables projects. We provide strategic advice and legal counsel at each stage of the investment lifecycle: fund formation, fund management and governance, financing, Canadian and international investment-related acquisitions and dispositions, management of portfolio companies, and exit strategies.

Serving a diverse national and international client base, our Power group also has energy-specific market restructuring, regulatory and government relations expertise, and is often called upon to advise on market policy, rate setting and the rules and procedures of independent system operators (such as the Independent Electricity System Operator (IESO) in Ontario and the Alberta Electric System Operator (AESO) in Alberta) governing the wholesale electricity market and the transmission grid. We frequently represent clients in regulatory proceedings to consider electricity tariff matters. In addition, our lawyers support proponents in contested permitting processes and advocate on their behalf in front of regulatory tribunals to obtain approvals for major electricity projects.

In advising power generators, marketers, distributors and transmitters on the structure and functioning of the electricity industry throughout Canada, we regularly negotiate a full range of energy-related transactions and ancillary contracts. These contracts may include power purchase agreements (PPAs); project financing arrangements; engineering, procurement and construction agreements (EPCs); connection and interconnection agreements; and operating agreements.

Working collaboratively with our preeminent finance, M&A, corporate, environmental and regulatory lawyers, and other specialized practitioners, we provide comprehensive advice on M&A deals, joint ventures, collaborative arrangements, project and equipment finance, procurement, environmental restrictions, permitting and reporting, regulatory approvals, and compliance matters.

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Recent Experience
  • EN Engineering, a portfolio company of Kohlberg & Company, on its acquisition of all the shares of the Canadian and U.S. businesses of Kestrel Power Engineering.

  • Public Sector Pension Investment Board and the Alberta Teachers’ Retirement Fund Board on their proposed C$1.7-billion acquisition of AltaGas Canada Inc.

  • Energy Capital Partners on its acquisition of Convergent Energy + Power.

  • Canadian counsel to Real Assets Advisers on the €445-million sale of KKR’s 33.33 per cent equity stake in ACCIONA Energía Internacional to AXA Investment Managers – Real Assets and ACCIONA S.A

  • Ontario Power Generation in relation to the mid-life refurbishment of the Darlington Nuclear Generating Station, which recently achieved first criticality for Unit 2.

  • Voltage Power on its acquisition by Aecon Group Inc.

  • Pattern Energy Group Inc. on its approximately US$6.1-billion proposed all-cash acquisition by Canada Pension Plan Investment Board.

  • Canadian counsel to Vistra Energy on its proposed acquisition with Crius Energy Trust of Crius Energy to form the leading residential electricity provider in the U.S.

  • Algonquin Power & Utilities Corp. on its C$331-million acquisition of Enbridge Gas New Brunswick, Inc.

  • Canadian counsel to Heartland Generation Ltd., an affiliate of Energy Capital Partners, on its C$835-million acquisition of Canadian Utilities Ltd.’s natural gas and coal electricity generation interests in Alberta, B.C. and Ontario.

  • The Desjardins Group Pension Plan on the acquisition of a portion of EDF Renewables Canada Inc.'s stake in the Cypress wind-power project near Medicine Hat, Alberta.

  • Suncor Energy on the sale of its half interest in the Cedar Point II wind project to Fiera Capital.

  • Canadian Imperial Bank of Commerce in connection with a C$100-million syndicated revolving credit facility provided to Northland Power Inc.

  • BluEarth Renewables on the project financing of the Narrows Inlet hydro project.

  • IAMGOLD Corporation on its development of a 15 MW solar power plant at IAMGOLD's Essakane gold mine.

  • Capstone Infrastructure Corporation in respect of the C$83-million credit facilities provided to Cardinal Power of Canada, L.P. to refinance its 156 MW natural gas cogeneration facility.

  • SNC-Lavalin Capital Inc. and InPower BC General Partnership, the successful contractor for the design, construction, financing, testing, commissioning, maintenance and life-cycle rehabilitation of BC Hydro’s John Hart Generating Station Replacement Project in Campbell River, British Columbia, which closed in February 2014.

Awards & Recognition

Members of the Blakes Power team are recognized as leaders in the following publications:

  • Chambers Global: The World's Leading Lawyers for Business – Energy: Power; Energy: Power (Regulatory)

  • Chambers Canada: Canada's Leading Lawyers for Business – Energy: Power; Energy: Power (Regulatory)

  • The Canadian Legal Lexpert Directory – Energy (Electricity)

  • Lexpert Special Edition − Canada's Leading Energy Lawyers

  • Who's Who Legal: Energy

  • Who’s Who Legal: Canada – Energy

  • Who’s Who Legal − Energy

  • Legal 500 Canada − Energy: Power

  • The Best Lawyers in Canada – Energy Law; Energy Regulatory Law

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – Energy and Natural Resources

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