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Seán O’Neill is a partner in our Business Law Group in Toronto and is the Industry Group Leader of the firm's Power Group.

Seán has significant experience representing acquirers, investors and developers of a variety of generation assets, including nuclear, hydroelectric, landfill gas, wind, solar and biomass. He has assisted financial institutions and borrowers on project financings of renewable energy projects across Canada and in the US. He regularly negotiates commercial arrangements in the sector, including power purchase agreements, service contracts and conservation and demand management agreements. He has negotiated power purchase agreements and contracts for differences representing over 2,500 TWh of electrical energy.

RECENT EXPERIENCE

Seán’s experience in the power industry includes acting for:

• a Korean power producer on the sale of a one-third interest in a 270 MW wind project
• an independent power producer in its negotiations with the Ontario Independent Electricity System Operator of a 48-year contract for differences for a 6,300 MW global nuclear generating facility supporting the $13 billion refurbishment of six CANDU nuclear generation units
• the agent and the bondholders in the bond financing of a 29 MW run-of-river hydroelectric project in Ontario
• the lead underwriters on the $5 billion bond financing guaranteed by the Government of Canada for the construction of a 824 MW hydroelectric facility in Labrador
• a Canadian pension fund in its acquisition of a 31.6% equity holdings in an independent nuclear power producer for $450 million
• a European wind-power developer on the senior secured project financing of a 30 MW wind project in Ontario and the sale of a 49% interest in the project to a private equity investor
• three European banks as senior lenders in connection with the senior secured and mezzanine secured construction and acquisition financings of three 10 MW solar projects in Ontario
• a Canadian pipeline company in the negotiation of a clean energy supply contract with the Ontario Power Authority and shared site arrangements with Ontario Power Generation Inc. in respect of a 900 MW replacement gas-fired power project in eastern Ontario
• an international mining company in the sale of a 51% interest and negotiation of a $150 million funding commitment for a proposed Chilean 1,000 MW hydro-electric generation facility
• a forest products company in respect of a stapled long-term embedded generation PPA and regulatory consents arising from the company's sale of eight hydro-electric generation facilities in Ontario
• the Ontario Power Authority in the release of the 2011 to 2014 Province-wide conservation and demand management program
• the lenders in the refinancing and construction financing, respectively, of the 40 and 50 MW phases of a wind farm in Ontario
• the lenders in a $175 million project financing of a 144 MW wind farm, British Columbia’s largest
• a global private equity investor in its investments in several clean tech companies
• the lenders in a $470 million 38-year senior secured project financing of a 198 MW run-of-river facility in British Columbia
• the divestiture by a Canadian income fund of its interests in 29 landfill gas facilities in eight US states
• the acquirer of an Ontario independent power producer operating four hydro-electric facilities in Ontario and the subsequent divestiture of one of the facilities
• an independent power producer in its negotiation of a contract for differences supporting the $6 billion refurbishment and restart of four nuclear generation units
• the lenders in the provision of secured and unsecured credit facilities to several large Ontario municipal electricity utilities and the refinancing of the senior and subordinated debt for six wind power projects in the United States
• Canada’s first income fund to be certified under the Environmental Choice Program in its acquisition of four hydro-electric facilities
• the acquirer in the first private acquisition of a nuclear generating facility in Canada
• the controlling shareholder in the commercialization of Canada’s largest district energy company.

Seán received his B.Comm. from the University of Alberta in 1987 and his JD from the University of Toronto in 1995.