Lexpert Special Editions

Special Edition on Energy 2018

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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WWW.LEXPERT.CA | 2018 | LEXPERT 9 Buckingham, Janice Osler, Hoskin & Harcourt LLP (403) 260-7006 jbuckingham@osler.com Ms. Buckingham chairs the Oil & Gas Practice at Osler. Her practice focuses on the joint development, acquisition, and divestiture of complex conven- tional and unconventional oil, gas, oilsands, LNG, and offshore exploration, development, production, midstream, transportation, and storage projects and investments across Canada, and on all aspects of energy-related con- tractual interpretation issues. Buchinski, Marie H. Bennett Jones LLP (403) 298-8136 buchinskim@bennettjones.com Ms. Buchinski is a partner in the firms Energy, Environmental and Aboriginal Practice Groups. Her practice focuses primarily on energy regulatory, compli- ance and Aboriginal law matters. She has significant experience with respect to provincially and federally regulated energy developments, and regulatory and environmental matters in relation to those developments. Brown, Darryl J. Gowling WLG (416) 369-4581 darryl.brown@gowlingwlg.com Mr. Brown's practice is concentrated in infrastructure, construction law and real estate. He is a member and past chair of Gowling WLG's Canada-wide Infrastructure Group and an active member of the firm's Nuclear Group. Representing sponsors, developers, operators and design-builders, he drafts and negotiates project agreements, construction contracts, operating agree- ments and other contracts. Bright, Denise D. Bennett Jones LLP (403) 298-4468 brightd@bennettjones.com Ms. Bright is a corporate partner in the firm's Calgary office. Her practice is focused on secured and unsecured corporate debt and project finance, where she acts for a variety of public and private companies, partnerships, trusts and private equity vehicles in regards to their debt requirements and restructurings. Brennan, Patrick J. Bennett Jones LLP (403) 298-3433 brennanp@bennettjones.com Mr. Brennan leads the Banking & Secured Transactions Group. He acts in banking and debt financings, asset-based financing and leasing, personal property security, debt restructuring, aircraft acquisition, disposition, leasing and financing and commercial transactions, with a focus on oil & gas, avia- tion, manufacturing and financial sectors. Braul, Waldemar Gowling WLG (403) 298-1039 wally.braul@gowlingwlg.com Mr. Braul is one of Western Canada's most highly regarded energy, Indigenous law and environmental lawyers. He advises and litigates on projects including oil & gas production, pipelines, LNG, oil terminals, marine shipping, shale gas fracking, water, contaminated sites, mines, Fisheries Act prosecutions and Indigenous law issues. He also holds a master's degree in urban and regional planning. LEXPERT-RANKED LAWYERS (REP). Proposals approved in Round One total- ling 600 megawatts of wind generation came in at $37 per megawatt hour, a record for lowest re- newable electricity pricing. Alberta's cost of new generation has been about half what Ontario consumers pay, says Vegh, though he adds that's in part due to improvements in technology and lower costs for solar and wind build-out. If there is a commonality between the provinces' regulatory environments, it's that all of them are, to varying degrees, lagging behind innovations in storage, distribution and smart technologies de- signed to reduce electrical consumption. "e new interesting area of energy develop- ment is distributed energy resources," says To- ronto lawyer Ian Mondrow, who leads Gowling WLG's energy regulation and policy practice. Distributed energy resources (DERs) produce controllable electrical loads directly connected to local distribution systems. Micro turbines, rooop solar and small sewage gas or natural gas electrical generators are a few examples of DERs that can supply power to local buildings or neigh- bourhoods and, if needed, feed power back into a centralized grid for additional revenue or credits. Even a parked electric car could be considered a DER, as its batteries can store electricity that can be pumped back into a home should it need it. "Increasingly," says Mondrow, "policymakers are looking at smaller-scale distributed energy re- sources. ey are closer to where the energy is go- ing to be used. ey are more modular; they can come in with smaller increments, so you don't have to build a huge nuclear or hydro plant that costs billions of dollars." Aside from being more environmentally friendly than conventional large-scale electrical generation, "they are much more dispersed so the grids are more resilient," Mondrow continues. "If you have a big transmis- sion line running across a province and there is a huge storm that knocks out the transmission line, that's a problem. So you have to build redun- dant circuits and that is really expensive. And there is a question whether those assets will even be utilized in the future. ey have 60 or more years of life." But technology could render those expensive elements of a provincial grid obsolete. Yet, especially in provinces such as Manitoba, Québec and Saskatchewan with monopolistic Crown-owned electrical generation and distribu- tion systems, "One of the biggest barriers to dis- tributed energy resources is whether a jurisdiction allows a generator to sell directly to customers or not," explains Mondrow. "In those jurisdictions where there isn't a competitive market like Ontar- io or Alberta, you can't sell, generally, directly to an end user [only to a provincially owned utility]. at's a barrier. It constrains the extent to which

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