TransCanada Energy Ltd. signed a Clean Energy Supply Contract on December 14, 2012, with the Ontario Power Authority (OPA) whereby TransCanada will develop, own and operate a new 900-megawatt natural gas-fired power plant.
Concurrently with the execution of the CES Contract, TransCanada also entered into agreements with Ontario Power Generation Inc. (OPG) to purchase a portion of the site on which OPG's Lennox Generating Station is situated and to enter into certain shared site arrangements with OPG.
The new Napanee Generating Station is expected to be completed in 2018 and will act as a replacement facility for the TransCanada power project that was halted in 2010 in Oakville, Ontario.
TransCanada's legal team was led by John Cashin, Associate General Counsel, who chose McCarthy Tétrault LLP to assist with commercial matters, and Doug McLean, Associate General Counsel and Director, Litigation, with Jody Johnson, Senior Legal Counsel, who selected Thornton Grout Finnigan LLP to assist with arbitration matters.
The McCarthy Tétrault team consisted of David Lever, Seán O'Neill, Craig Spurn, Sheizana Murji (energy); Jamie Orzech (real property); Phil Moore (business); Doug Thomson (environmental) and Brian Pel and Jerald Wortsman (tax). The Thornton Grout Finnigan team consisted of Michael Barrack, John Finnigan, Kim Ferreira and Jessica Prince.
The OPA was represented by Michael Lyle, General Counsel and Vice President, Legal, Aboriginal & Regulatory Affairs and by Osler, Hoskin & Harcourt LLP's Rocco Sebastiano and Elliot Smith (energy); Paul Ivanoff (arbitration); Adrian Hartog (real property) and D'Arcy Schieman (tax).
OPG was represented by Chris Ginther, Senior Vice President and General Counsel, and by Torys LLP's Don Roger and Andy Gibbons (real property); Krista Hill (energy) and Dennis Mahony (environmental).
The Province of Ontario was represented by Carolyn Calwell, Deputy Director, Legal Services Branch, Ministry of Energy, Tom McKinlay, Counsel, Crown Law Office-Civil, Jim Harbell and Lanette Wilkinson of Stikeman Elliott LLP.