On March 31, 2010, Enbridge Pipelines Inc. (“Enbridge”) and Renewable Energy Systems Canada Inc. (“RES Canada”), an affiliate of RES Americas, completed the acquisition by Enbridge from RES Canada of a majority interest in Greenwich Windfarm, LP (the “Partnership”). Greenwich Windfarm, LP owns the 99 MW Greenwich windfarm (the “Project”) on the northern shore of Lake Superior in Ontario (the “Acquisition”). The total investment in the Project by both parties is approximately $275 million.
In connection with the acquisition, the partnership entered into an engineering, procurement and construction agreement with RES Canada Construction L.P., an affiliate of RES Americas, pursuant to which RES Canada Construction L.P. was retained by the Partnership to construct the Project. In addition, RES Canada Wind Operations L.P. (“RES Operations”), an affiliate of RES Americas, entered into a management, operations, maintenance and administration agreement with the Partnership pursuant to which RES operations was retained by the Partnership to manage, operate, maintain and provide administrative services to the Project.
The Project will be constructed using 43 Siemens 2.3 MW wind turbines, which the Partnership agreed to acquire from Siemens Energy, Inc. pursuant to a wind turbine generator and tower supply agreement between the Partnership and Siemens Energy, Inc. Siemens Canada Limited will provide operations and maintenance services for the wind turbines pursuant to a five-year service, maintenance and warranty agreement between the Partnership and Siemens Canada Limited.
Enbridge was represented by its in-house counsel, Jennifer Strain, and by a team from McCarthy Tétrault LLP that consisted of Harold Huber and Suzanne Murphy (corporate); Michael Weizman (energy and construction); John Currie and Frank Davis (real estate); Thomas Isaac (Aboriginal); Kristyn Annis (Aboriginal and energy regulation); Joanna Rosengarten (environmental) and Brad Teichman (municipal).
RES Canada and its affiliates were represented by their in-house counsel, George Leing. In addition, with respect to the acquisition, RES Canada was represented by a team from Torys LLP that consisted of Krista Hill, Allen Yi and Graham Erion (M&A); and Sabrina Gherbaz (real estate); John Tobin and Richard Johnson (tax); Jonathan Weisz and Valerie Helbronner (energy) and Dennis Mahony and Michael Fortier (environmental). With respect to construction-related matters, RES Canada was represented by a team from Greene Radovsky Maloney Share & Hennigh LLP that consisted of Mark Hennigh and Laird Steverango.