Mike Richmond 

Co-Chair, Energy and Power
Toronto  t: 416.865.7832  |  e: mike.richmond@mcmillan.ca

Mike Richmond

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7832
e: mike.richmond@mcmillan.ca

overview

As Co-Chair of McMillan LLP’s Power and Energy Law Group, Mike is sought out for his widely respected expertise, legal and professional advice in the electricity and renewable energy sectors. 

Having focused on power generation projects for almost 20 years, Mike provides experienced commercial, regulatory and financing advice to purchasers, developers, investors and lenders of power projects, with a particular focus on solar, wind and gas-fired generation, as a well as energy storage solutions. 

Mike has acted on energy projects in respect of project acquisitions, site and rooftop leases, EPC contracts, equipment purchases and warranties, connection agreements and disputes, regulatory licenses and approvals, market rule compliance, project financings and dispositions. He has played a role in the development of over 700 solar and wind projects to date. He has also provided substantial advice in relation to a variety of power purchase agreements for projects across Canada, as well as electricity wholesale and retail contracts, and provided policy advice related to market design and operation. 

Mike benefits from a unique background which allows him to understand and draw on the perspectives of regulators, governments, utilities and shareholders in advancing his clients’ interests: he has previously served as Senior Policy Advisor to the Minister of Energy, Counsel to a Parliamentary Caucus, Corporate Director of Toronto Hydro, and most recently as a Member of the National Energy Board. 

Mike is also a member of McMillan Vantage LP

Representative Matters

 Power Purchase Agreements

  • Negotiated NUG Contract with Ontario Power Authority on behalf of a gas-fired non-utility co-generation plant
  • Provided advice and risk assessments with respect to OPA Large Renewable Procurement process, rules and contract
  • Provided advice and risk assessments with respect to OPA Feed-In Tariff (FIT) process, rules and contract
  • Advised on submission of FIT Applications
  • Advised on transfers of and amendments to FIT Contracts
  • Negotiated power purchase agreements with provincial utilities on behalf of wind developers
  • Negotiated black start service contracts with Independent Electricity System Operator
  • Negotiated energy supply agreements and site service contracts with respect to utilities
  • Advised energy retailers in connection with the drafting of standard form retail contracts for power and RECs
  • Negotiated PPA Term Sheets with OEFC on behalf of non-utility generators
  • Advised on Force Majeure disputes with provincial utilities and agencies
  • Advised a co-generation plant with respect to Steam Sale Agreements
  • Acted for a non-utility generator in an arbitrated dispute involving the selection of appropriate escalator indices for gas purchase agreements and power purchase agreements
  • Negotiated and drafted Ontario model agreements for a retail demand-side management service provider
  • Acted for the Ontario Power Authority in designing Ontario's first standard offer feed in tariff and standard form contracts for renewable energy

Energy Regulation

  • Argued gas bypass case at Ontario Energy Board on behalf of a power generator 
  • Provided advice on compliance with engineering regulations and assisted in securing licenses and certificates
  • Advised on Ontario Energy Board (OEB) license applications and amendments
  • Provided regulatory advice and negotiated terms of interconnection arrangements for distributed generation facilities
  • Provided regulatory advice to a district energy system
  • Provided regulatory and licensing advice to a self-generating non-utility generator
  • Provided advice on Debt Retirement Charge application and exemptions
  • Provided licensing advice to US based participants in Canadian energy markets
  • Provided regulatory advice in respect of engineering and electrical contracting services  

Project Development

  • Drafted template forms of wind park leases and easements
  • Drafted and negotiated solar rooftop leases, easements and licenses
  • Drafted and negotiated individual and master agreement forms of engineering, procurement and construction contracts (EPC)
  • Drafted and negotiated individual and master agreement forms of equipment supply agreements
  • Drafted, negotiated and reviewed Operation and Maintenance agreements (O&M) for wind, solar and co-generation projects
  • Negotiated steam pipeline easement agreements
  • Canadian Counsel to the purchaser of an international energy trading business
  • Advised energy clients in the structuring of access arrangements for the purchase, sale, lease and development of real property interests
  • Drafted standard form development and connection agreements for a local distribution company
  • Negotiated Connection Agreements with local distribution utilities

Project Acquisition and Disposition

  • Structured and negotiated the acquisition of hundreds of solar projects and FIT Contracts
  • Advised on the sale of a wind project to the Korean Consortium
  • Counsel to various purchasers of wind projects, solar projects and development assets
  • Acted in the start-up of a green power retail company
  • Advised numerous electricity distribution companies in connection with incorporations, sales and amalgamations pursuant to the Energy Competition Act, 1998
  • Advised on the corporate restructuring and assignment of various power project portfolios

Project Financing

  • Structured and negotiated terms of financings and security packages for renewable energy projects
  • Advised on construction and take-out financings for independent power projects
  • Advised co-generation and renewable energy project owners on compliance with terms of financing arrangements
  • Acted for municipalities in the financing, structuring and construction of water and sewage pipeline infrastructure, including the acquisition of public and private funding, land rights and permits

Energy Policy

  • Advised participants in the OPA's Renewable Energy Standard Offer Program
  • Advised Clean Energy Supply and Demand-Side Management bidders into Ontario RFP process
  • Acted for a coalition of electricity distribution companies in designing revised market structures, including the introduction of Load Serving Entities, and lobbying government ministries, agencies and boards with respect to adoption of such structures and the drafting of new legislation

Presentations

Ideas Interlude: Regulatory Policy Across North America
The Changes Regulators Need to Make
Regulatory and Policy Barriers to Distributed Generation and Renewable Energy Projects
Working to Address Grid Constraints
Risk and the FIT Contract
Renewable Energy Approvals: Change and Resolution
Key Risks of the FIT Program
A National Renewable Energy Strategy for Canada
Greening Canada by Tapping into the Solar Gold Rush
Distributed Generation: Regulatory and Political Constraints
Lobbyist Legislation
The Panoply of Regulatory Issues that Need Streamlining
District Energy Systems: How Long-Term Investment Translates into Greater Efficiency in Energy Systems
Waterpower Crown Site Release and Development Policy: An Industry Perspective
Bill 100 – How it all fits together

Publications

An Analysis of Ontario's Speech from the Throne
Ontario's New Cabinet Revealed
What the new Doug Ford Government means for the Energy Sector – A detailed analysis
Ontario Welcomes New Cabinet - Expect Quick Action
The Energy Storage Procurement Framework – Phase I Commencing in March 2014
Ontario's Long-Term Energy Plan, 2013: "Achieving Balance" Through Clean Energy, Conservation & Innovation
Ontario's Green Energy Feed-in Tariff Program Re-Launched and Revised
clarification of Ontario PC Party's plans for feed-in tariff program
change is in the wind, again: Ontario PC party to cancel feed-in tariff program and samsung contract if elected
Ready, set, apply: Ontario launches the feed-in tariff
Does the New Green Energy Act Make it Easier to be Green?
Canada Chapter in Getting the Deal Through series - Electricity Regulation, 2006, 2007 and 2008
Green Power
California Adopts Tough New Rules To Combat Climate Change
Nuclear is a Muddy Path to Cleaner Energy
New Canadian Government Promises Stronger Canada-U.S. Relations
CEOs Now Responsible for Lobbyist Registration
Canadian Renewable Energy Markets: Seeing Green in the Great White North
Ontario's Lobbyists Registration Act

News

McMillan Lawyers Recognized in 2018 Lexpert/Report on Business Special Edition Canada's Leading Energy Lawyers
An Analysis of Ontario's Speech from the Throne
McMillan's Mike Richmond Says The Most Recent Version of the Long-Term Energy Plan is More Political in Nature
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
McMillan LLP Launches National Public Affairs Firm, McMillan Vantage Policy Group
Fourteen McMillan Lawyers featured in the Lexpert 2014 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
Lexpert names Amandeep Sandhu one of the Leading Lawyers in Canada Under 40

Education

  • University of Toronto, LLB - 1998
  • University of Ottawa, B.S.Sc. - 1995

Year Of Call

  • Called to the Ontario bar - 2000

Practices

business law
government and public policy
acquisitions and divestitures

Industries

energy
electricity and utilities
renewables
oil and gas
alternatives

Directorships and Professional Associations

  • Former Director of the Ontario Sustainable Energy Association
  • Former Director of Tribute Resources Inc.
  • Former Director of Toronto Hydro Corporation
  • Former Director of the Ontario Energy Association
  • Former Officer of Bullfrog Power Inc.
  • Member of the Canadian Solar Industries Association
  • Member of the Ontario Energy Association
  • Member of the Ontario Bar Association's Public Affairs Committee
  • Former Member of the National Energy Board

Teaching Engagements

  • Guest Lecturer on Energy Policy, Master of Public Administration degree program, Queen's University School of Policy Studies, 2008-2014

Awards & Rankings

  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Energy (Electricity)
  • Recognized in the Lexpert Report on Business 2018 – Special Edition, as one of Canada’s leading Energy lawyers
  • Ranked in Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada 2014 as a Corporate Lawyer to Watch in the areas of Energy and Power

     

Media Mentions

vcard

As Co-Chair of McMillan LLP’s Power and Energy Law Group, Mike is sought out for his widely respected expertise, legal and professional advice in the electricity and renewable energy sectors. 

Having focused on power generation projects for almost 20 years, Mike provides experienced commercial, regulatory and financing advice to purchasers, developers, investors and lenders of power projects, with a particular focus on solar, wind and gas-fired generation, as a well as energy storage solutions. 

Mike has acted on energy projects in respect of project acquisitions, site and rooftop leases, EPC contracts, equipment purchases and warranties, connection agreements and disputes, regulatory licenses and approvals, market rule compliance, project financings and dispositions. He has played a role in the development of over 700 solar and wind projects to date. He has also provided substantial advice in relation to a variety of power purchase agreements for projects across Canada, as well as electricity wholesale and retail contracts, and provided policy advice related to market design and operation. 

Mike benefits from a unique background which allows him to understand and draw on the perspectives of regulators, governments, utilities and shareholders in advancing his clients’ interests: he has previously served as Senior Policy Advisor to the Minister of Energy, Counsel to a Parliamentary Caucus, Corporate Director of Toronto Hydro, and most recently as a Member of the National Energy Board. 

Mike is also a member of McMillan Vantage LP

 Power Purchase Agreements

  • Negotiated NUG Contract with Ontario Power Authority on behalf of a gas-fired non-utility co-generation plant
  • Provided advice and risk assessments with respect to OPA Large Renewable Procurement process, rules and contract
  • Provided advice and risk assessments with respect to OPA Feed-In Tariff (FIT) process, rules and contract
  • Advised on submission of FIT Applications
  • Advised on transfers of and amendments to FIT Contracts
  • Negotiated power purchase agreements with provincial utilities on behalf of wind developers
  • Negotiated black start service contracts with Independent Electricity System Operator
  • Negotiated energy supply agreements and site service contracts with respect to utilities
  • Advised energy retailers in connection with the drafting of standard form retail contracts for power and RECs
  • Negotiated PPA Term Sheets with OEFC on behalf of non-utility generators
  • Advised on Force Majeure disputes with provincial utilities and agencies
  • Advised a co-generation plant with respect to Steam Sale Agreements
  • Acted for a non-utility generator in an arbitrated dispute involving the selection of appropriate escalator indices for gas purchase agreements and power purchase agreements
  • Negotiated and drafted Ontario model agreements for a retail demand-side management service provider
  • Acted for the Ontario Power Authority in designing Ontario's first standard offer feed in tariff and standard form contracts for renewable energy

Energy Regulation

  • Argued gas bypass case at Ontario Energy Board on behalf of a power generator 
  • Provided advice on compliance with engineering regulations and assisted in securing licenses and certificates
  • Advised on Ontario Energy Board (OEB) license applications and amendments
  • Provided regulatory advice and negotiated terms of interconnection arrangements for distributed generation facilities
  • Provided regulatory advice to a district energy system
  • Provided regulatory and licensing advice to a self-generating non-utility generator
  • Provided advice on Debt Retirement Charge application and exemptions
  • Provided licensing advice to US based participants in Canadian energy markets
  • Provided regulatory advice in respect of engineering and electrical contracting services  

Project Development

  • Drafted template forms of wind park leases and easements
  • Drafted and negotiated solar rooftop leases, easements and licenses
  • Drafted and negotiated individual and master agreement forms of engineering, procurement and construction contracts (EPC)
  • Drafted and negotiated individual and master agreement forms of equipment supply agreements
  • Drafted, negotiated and reviewed Operation and Maintenance agreements (O&M) for wind, solar and co-generation projects
  • Negotiated steam pipeline easement agreements
  • Canadian Counsel to the purchaser of an international energy trading business
  • Advised energy clients in the structuring of access arrangements for the purchase, sale, lease and development of real property interests
  • Drafted standard form development and connection agreements for a local distribution company
  • Negotiated Connection Agreements with local distribution utilities

Project Acquisition and Disposition

  • Structured and negotiated the acquisition of hundreds of solar projects and FIT Contracts
  • Advised on the sale of a wind project to the Korean Consortium
  • Counsel to various purchasers of wind projects, solar projects and development assets
  • Acted in the start-up of a green power retail company
  • Advised numerous electricity distribution companies in connection with incorporations, sales and amalgamations pursuant to the Energy Competition Act, 1998
  • Advised on the corporate restructuring and assignment of various power project portfolios

Project Financing

  • Structured and negotiated terms of financings and security packages for renewable energy projects
  • Advised on construction and take-out financings for independent power projects
  • Advised co-generation and renewable energy project owners on compliance with terms of financing arrangements
  • Acted for municipalities in the financing, structuring and construction of water and sewage pipeline infrastructure, including the acquisition of public and private funding, land rights and permits

Energy Policy

  • Advised participants in the OPA's Renewable Energy Standard Offer Program
  • Advised Clean Energy Supply and Demand-Side Management bidders into Ontario RFP process
  • Acted for a coalition of electricity distribution companies in designing revised market structures, including the introduction of Load Serving Entities, and lobbying government ministries, agencies and boards with respect to adoption of such structures and the drafting of new legislation
July 2018
Ontario's New Cabinet Revealed

Government and Public Policy Bulletin

June 2018
Ontario Welcomes New Cabinet - Expect Quick Action

Government and Public Policy Bulletin

December 2007
Green Power
CBA National
October 2006
California Adopts Tough New Rules To Combat Climate Change
Emissions Trading and Climate Change Bulletin
June 2006
Nuclear is a Muddy Path to Cleaner Energy
Web-exclusive comment - www.globeandmail.com
February 2006
New Canadian Government Promises Stronger Canada-U.S. Relations
Government Relations & Public Policy Bulletin
June 2005
CEOs Now Responsible for Lobbyist Registration
Government Relations and Public Policy Bulletin
2005
Canadian Renewable Energy Markets: Seeing Green in the Great White North
Lexpert Magazine
November 2004
Ontario's Lobbyists Registration Act
Government Relations & Public Policy Bulletin
November 2018
Bringing down the cost of electricity – Duelling propositions, Moderator
APPrO 2018 - 30th Annual Canadian Power Conference & Networking Centre, Toronto, Ontario
November 2018
Managing change in Ontario's new political landscape, Panelist
APPrO 2018 - 30th Annual Canadian Power Conference & Networking Centre, Toronto, Ontario
October 2018
Ontario Panel Discussion, Panelist
The Annual Canadian Wind Energy Conference & Exhibition (CanWEA), Calgary, Alberta
June 2018
Bi-Lateral Solar Power Purchase Agreements with Large Electricity Consumers, Moderator
Solar Canada Annual Conference & Exposition - presented by the Canadian Solar Industries Association (CanSIA), Calgary, Alberta
September 27, 2016
Ideas Interlude: Regulatory Policy Across North America
Energy Conference 16, Ontario Energy Association, Toronto, Ontario
November 2014
The Changes Regulators Need to Make
APPrO Annual Conference
September 2013
Regulatory and Policy Barriers to Distributed Generation and Renewable Energy Projects
EUCI Conference: Securing Ontario's Distribution Grid of the Future
February 2011
Working to Address Grid Constraints
Ontario Sustainable Energy Association FIT Webinar Series
January 2011
Risk and the FIT Contract
Ontario Sustainable Energy Association FIT Webinar Series
November 2010
Renewable Energy Approvals: Change and Resolution
APPrO Annual Conference
October 2010
Key Risks of the FIT Program
Ontario Feed-In Tariff Supply Chain Forum
December 2009
A National Renewable Energy Strategy for Canada
Canadian Solar Industries Association Annual Conference
June 2009
Greening Canada by Tapping into the Solar Gold Rush
PV America Conference, Philadelphia
November 2008
Distributed Generation: Regulatory and Political Constraints
The Future of Ontario's Electricity Grid Conference
October 1, 2008
Lobbyist Legislation
18th Annual Operation Update, Ontario Bar Association
November 1, 2005
The Panoply of Regulatory Issues that Need Streamlining
APPrO Annual Conference
September 2005
District Energy Systems: How Long-Term Investment Translates into Greater Efficiency in Energy Systems
Conference Chair, 2nd Annual Summit on the Future of Canada's Infrastructure
November 2004
Waterpower Crown Site Release and Development Policy: An Industry Perspective
OWA Annual Conference
November 2004
Bill 100 – How it all fits together
APPrO Annual Conference