Trusted advisor, creative problem solver, and consensus builder. Scott’s focus is assisting clients in developing strategies in anticipation of changing circumstances; navigating complex regulatory frameworks to complete projects on time and within budget; and enhancing clients’ reputations with regulators and the public.
This involves detailed knowledge of both the interpretation and application of the law, the policy that informs the law, and the market pressures on those policies.
Scott provides strategic advice in managing today’s business challenges, focusing on electricity, energy, environmental, infrastructure and governance matters. Scott’s education and experience in both the technical and legal aspects of energy and environmental law make him a unique expert in the field, able to identify opportunities and threats for clients well in advance.
Scott often deals with both private and public sector clients who own, develop and operate significant infrastructure in regulated industries, including power generation, pipelines, roads, and industrial or residential developments. He regularly appears at the Ontario Energy Board, the New Brunswick Energy & Utilities Board, and the Environmental Review Tribunal (now Ontario Land Tribunal) on a variety of issues, including rates, licences and facility applications, expropriation, IESO-administered markets, and regulatory compliance.
ERTH Power
Ontario Waterpower Association
Brescia University/College
Advising generators and licensed electricity distributors on various strategic, governance and related commercial matters such as distributed energy resources and net-zero economy challenges and smart-grid transition opportunities.
Advising clients participating in the development of energy storage and generation responding to the Independent Electricity System Operator (“IESO”).
Advising electricity distributors, generators and battery energy storage providers regarding potential development opportunities in respect of regulatory, governance and commercial matters including structuring project proponents and partnering with Indigenous communities.
Successfully defended several wind developers against appeals of the Ministry of Environment, Conservation and Park’s issuance of renewable energy approvals.
Advised clients in highly contentious and political projects to achieve their goals without the need to participate in tribunal hearings and court appeals thereby avoiding costs and public backlash.
Advised bidders, lenders and procurement authorities on environmental and energy-related matters for public-private partnerships (“P3”). This included the establishment of processes that balanced the interest of the project sponsor and bidders relating to environmental issues, energy options and utility relocations all while maintaining a focus on schedule and budget control.
Represented applicants and intervenors at the OEB in complex and contentious rate, facility, MAADs and licensing applications. Represented numerous parties in matters at the various tribunals that now form the Ontario Land Tribunal and the New Brunswick Energy & Utilities Board.
Represented large natural gas distributor at the OEB in several matters including (a) more than 25 leave to construct applications; (b) special rate treatment for low-income customers; (c) co-counsel with Fred Cass on successful leave to construct for Enbridge Gas Distribution pipeline reinforcement, GTA Project, which involved more than 30 intervenors; and (d)numerous negotiations of commercial agreements for natural gas and electricity purposes.
Advising clients participating in several electricity procurement processes conducted by the IESO. This includes advices on re-contracting initiatives where I have assisted industry associations on template agreements. Previously advised several generators (water, solar, biogas, wind, landfill gas, natural gas) in respect of Combined Heat and Power, RES, RESOP and Feed-in Tariff Applications and compliance with the contractual and regulatory obligations.