WWW.LEXPERT.CA
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2018
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LEXPERT 7
Blundy, Paul D. Bennett Jones LLP
(416) 777-4854 blundyp@bennettjones.com
Mr. Blundy has more than 30 years' experience in construction and project
finance. Acting for procuring authorities, consortia teams, lenders, underwrit-
ers, contractors, designers and service providers, he has participated in a
wide variety of Public-Private Partnership (P3) and Alternative Finance and
Procurement (AFP) transactions in various sectors since the advent of the P3
and AFP models.
Bigué, AdE, Ann Dentons Canada LLP
(514) 878-8808 ann.bigue@dentons.com
A former National Energy Board Counsel, Ms. Bigué's administrative, constitu-
tional and regulatory law practice includes an emphasis on energy and natu-
ral resources law, and environmental assessment. She also provides advice
on Aboriginal and treaty rights to corporate clients in this context.
Betts, Ted Gowling WLG
(416) 369-7106 ted.betts@gowlingwlg.com
Mr. Betts is Head of Gowling WLG's Infrastructure & Construction Group.
A Certified Specialist in Construction Law, he has more than 20 years of
experience in the construction and infrastructure sectors. He regularly acts
on large-scale construction, infrastructure and development projects.
He is the current Chair of the OBA Construction & Infrastructure Section.
Bertrand, AdE, Jean G. Norton Rose Fulbright Canada LLP
(514) 847-4401 jean.bertrand@nortonrosefulbright.com
Mr. Bertrand focuses on commercial and corporate litigation, including class
actions and arbitration, and on administrative law, with emphasis on regulated
activity such as energy competition, international trade and transportation. He
has extensive experience advising and acting for a major Canadian power utility.
Bergner, Keith B. Lawson Lundell LLP
(604) 631-9119 kbergner@lawsonlundell.com
Mr. Bergner is a recognized authority on Indigenous law, energy, regulatory
& environmental processes. He has appeared before all levels of courts,
including the Supreme Court of Canada. He has experience relating to major
natural resource projects in various industries, including oil & gas, LNG,
pipelines, mining, hydroelectric generation & transmission, infrastructure
& transportation projects.
Basra, Harinder Bennett Jones LLP
(403) 298-4494 basrah@bennettjones.com
Mr. Basra practises corporate and securities law, with a particular emphasis
on advising public and private companies on mergers & acquisitions, securi-
ties offerings, corporate governance and general corporate matters. His
practice focuses on advising domestic and international clients on transac-
tions primarily in the upstream and midstream oil and natural gas industry.
eration. Now in Ontario we have an energy mix
that looks a lot different than it did 15 or 20 years
ago. Nuclear is the main base load now. Coal is
gone." Ontario now has a hybrid grid that is part
government-owned and part deregulated.
Ontario and Alberta make for an interesting
case study in policy and regulatory contrasts in
approaching similar objectives, suggests George
Vegh, head of McCarthy Tétrault LLP's energy
regulation practice. Vegh practises out of Toron-
to, mainly focusing on regulatory and wholesale
market governance in the energy sector.
Alberta began to deregulate and privatize its
electricity supply system in 1996. Unlike other
provinces, Alberta has a complex wholesale mar-
ket run by the Alberta Electric System Operator
(AESO). It manages a power pool where electric-
ity is constantly sold minute by minute by suppli-
ers and bought by wholesale distributors through
an auction system similar to the stock market.
What both Ontario and Alberta had in com-
mon was a commitment to eliminate coal-fired
electrical generation. "When Ontario eliminated
coal-fired generation, it was simple in that it was
the owner of Ontario's power generation," ex-
plains Vegh. "So the shareholder — the govern-
ment — basically just told its electricity producer
(Ontario Power Generation Inc.) to stop burning
coal. en the only challenge was the province
had to replace those facilities."
In Alberta the problem is different. As of
this year, Alberta began phasing out coal-fired
electricity-generating plants. Last year it began
imposing a $20-per-tonne carbon tax on emis-
sions, which this year climbed to $30. Alberta's
new Climate Leadership Plan requires all coal-
powered electricity plants meet zero emissions by
2030 or shut down.
But, aer deregulation began, Alberta's then
government-owned generation, transmission
and distribution capacity was sold off in chunks
to private corporations. "erefore," says Vegh,
"it has to engage in negotiations with the owners
of those facilities to provide for compensation
for the shutdowns before the end of the lives of
those facilities."
For example, in 2016 the Alberta government,
in order to stave off lawsuits, agreed to pay three
companies, Capital Power Corp., TransAlta
Corp. and ATCO Ltd., a total of $1.36 billion
for being forced to shut down six of their 18
plants early. Compensation for another 12 plants
is still being negotiated.
Ontario's ability to shut down coal plants was
relatively "straightforward," says Vegh. It owned
them. But finding cleaner replacement power
through contracts with new private-sector gen-
eration facilities proved a fiasco.
LEXPERT-RANKED LAWYERS
