Helen T. Newland | Fraser Milner Casgrain LLP

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Helen T. Newland LL.B., M.Sc. (Natural Resource Management), B.Sc., Partner

Helen practises in the firm’s Energy Law Group in Toronto. She is recognized as a leading energy practitioner with particular expertise in energy project development and utility regulation. She has over 25 years of experience as an energy lawyer in both the public and private sectors, including four years as counsel to the National Energy Board.

Helen’s energy practice has two main components: a project development component and a utility component. On the project development side, Helen acts as counsel to some of Canada’s leading developers of energy projects, including Enbridge Inc., Renewable Energy Systems Canada Inc., Capital Power and Kruger Energy Inc. She also acts for lenders to and purchasers of power plant projects, providing advice and industry expertise, as part of the due diligence process, and for property developers, commercial landlords and large industrial consumers of electricity in connection with embedded generation projects, interconnection projects and energy purchasing strategies. Helen has specific expertise and experience in the areas of energy procurement (including procurements under Ontario’s recently enacted FIT Tariff regime), energy contracts (including power purchase agreements in competitive and standard procurement processes), regulatory requirements and permitting issues. She works closely with other FMC lawyers who are specialists in land acquisition, municipal law and Aboriginal issues, in order to deliver a complete “suite of services” to her clients.

On the utility side, Helen acts as counsel to Canada’s largest natural gas distributor and a number of Ontario’s largest electricity distributors in connection with rate applications, facilities applications, regulatory compliance issues and conservation and demand management initiatives. She has acted as counsel in over 80 proceedings before the National Energy Board, the Ontario Energy Board and the Energy Resources Conservation Board (Alberta) in cases involving the construction of electricity generation and transmission facilities and natural gas and oil pipeline facilities, the approval of rates (tolls) for transmission and distribution companies, the authorization of electricity and natural gas exports and the development of generic codes and policies in the electricity and natural gas areas. She has also represented a variety of domestic and foreign clients in natural gas and electricity cases before these boards. Helen has appeared before the Ontario Divisional Court, the Ontario Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada.

Helen is recognized as a leading practitioner in the energy area by The Canadian Legal LEXPERT Directory 2011 and is listed in The Best Lawyers in Canada 2012 in the area of energy regulatory law.

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Helen acts as counsel for many Ontario electricity distributors and their municipal owners in connection with industry restructuring, regulatory reform and regulatory compliance, including rate regulation, facilities applications and conservation and demand management.

Representative Work

Counsel to Capital Power Income L.P. on its $1.1 billion acquisition by Atlantic Power Corporation

Counsel to Capital Power in connection with the Sale of its Ontario thermal generation assets

Counsel to Renewable Energy Systems Canada Inc. in connection with its development of two 99 MW wind farms on private lands in south-western Ontario and on Crown lands in northern Ontario

Counsel to Capital Power in connection with the development of a 98 MW wind farm near Nanticoke, Ontario

Regulatory counsel to Kruger Energy Inc. in connection with the development of two wind energy projects in Ontario

Counsel to Ontario Realty Corporation in respect of energy supply and interconnection issues associated with the development of a large infrastructure project

Counsel to a large automobile manufacturer in respect of interconnection and embedded generation projects under the FIT Program

Regulatory counsel to the lenders to the sponsors of a 580 MW combined cycle gas-fired power plant in southern Ontario in connection with a $403 million credit facility

Counsel to a large U.S. developer of transmission assets in connection with the OEB’s transmission designation process

Regulatory counsel to the lenders to the sponsors of a 393 MW gas-fired peaking plant in the Township of King, Ontario in connection with a $365 million credit facility

Regulatory counsel to the lenders to the sponsors of a 1,0005 MW combined cycle gas-fired power plant in south-western Ontario in connection with a $684 million credit facility

Counsel to a number of large load customers in connection with their participation in Ontario’s electricity market

Counsel to Veridian, a large electricity distributor, in connection with its application to the Ontario Energy Board for approval of a utility acquisition

Counsel to an investor-owned natural gas and electricity utility in connection with its Ontario acquisition strategies

Counsel to six large electricity distributors in connection with their applications to the Ontario Energy Board for approval of their Conservation and Demand Management Plans and with subsequent CDM proceedings

Counsel to Enbridge Gas Distribution Inc in respect of its participation in ATCO Gas & Pipeline Ltd.'s successful appeal to the Supreme Court of Canada

Counsel to a Canadian pulp and paper manufacturer in connection with the disposition of hydro generating assets

Counsel to Enbridge Gas Distribution Inc. in numerous rates and facilities proceedings before the National Energy Board and the Ontario Energy Board

Counsel to PowerStream and to Hydro Ottawa in connection with their applications to the Ontario Energy Board for approval of distribution rates

Publications

"Ontario Feed-In-Tariff 2.0 Released", Focus on Energy, March 2012

Wind Development in Ontario and the Green Energy and Green Economy Act, 2009: The New Rules of Engagement

Prior Speaking Engagements

Presented a webcast entitled, "Ontario’s Green Energy Act: Understanding the Opportunities and Challenges for Investors and Developers" to the Association of Corporate Counsel Energy Committee (2010)

Presented a paper entitled, “Jurisdictional Aspects of Pipeline Regulation” to the mid-winter meeting of the Canadian Bar Association - Alberta Branch

Moderator, 2006 OEA Annual Conference