ENERGY CONTRACTS

Attend this popular and informative annual conference and learn how to ensure your organization’s energy contracts meet the challenges of an ever-evolving market. Join an exceptional faculty of industry specialists for this fantastic learning and networking forum.

Experts will address a range of key issues, including:

• The latest developments and emerging trends in the Alberta and BC energy markets
• Insolvency issues in the oil and gas patch
• Power purchase arrangements: handling issues unique to PPA disputes
• Security of investment considerations under PSCs and other government petroleum contracts
• Credit and Force Majeure provisions in NAESB and GasEDI
• Intellectual property aspects of energy contracts

PROGRAM CO-CHAIRS

Ron Ezekiel 
Fasken Martineau DuMoulin LLP

Charles W. Bois
Miller Thomson LLP

CLE Accreditation

This conference has been approved by the Law Society of British Columbia and the Law Society of Saskatchewan for 12 hours.

SILVER SPONSOR

MARKETING PARTNERS

• Directors, Managers of Contracts and Energy Administration
• In-house Counsel from Power, Gas and Other Energy Companies
• Energy Procurement Managers
• Contract Analysts
• Energy Credit and Supply Analysts

• Traders and Brokers
• Marketing and Credit Risk Directors and Managers
• Directors and Managers, Compliance and Regulatory Affairs
• Senior Executives from Energy Industry Markets

Dear Colleague,

We are pleased to be working with Insight Information again this year to present the 8th Edition ENERGY CONTRACTS conference on September 20-21, 2010 in Calgary.

This annual program is consistently popular with industry professionals from large and medium-sized energy companies (and their consultants and advisors), as it provides the tools and information they need to be successful in negotiating and drafting a broad range of energy contracts.

While changes and new developments in the industry and impact on contracts will be addressed – including emerging trends in the Alberta and B.C. energy markets – the program focuses on the fundamentals of a variety of contracts and agreements common in the energy sectors. New this year is a session on the impact of recent amendments to the Bankruptcy and Insolvency Act, a session on issues specific to Power Purchase Agreements, and a unique interactive session on carbon offset projects and contracts. Join an exceptional faculty of industry specialists for this fantastic learning and networking forum.

We look forward to seeing you in September.

Sincerely,

Ron Ezekiel
Partner
Fasken Martineau DuMoulin LLP

Charles W. Bois
Partner
Miller Thomson LLP

Monday, September 20, 2010

8:00

Registration and Coffee

8:45

Co-Chair’s Opening Remarks

Ron Ezekiel
Partner
Fasken Martineau DuMoulin LLP

9:00

The Future is Green: Trends in the Alberta and BC Energy Markets

Paul C. Wilson
Partner
Fasken Martineau DuMoulin LLP

• The rules are changing – impact of BC’s Clean Energy Act and Alberta’s energy strategies
• We are not alone – influence of national and international policies and agendas
• Competition for the prize – national/global competition for green energy, jobs and development
• Involving everyone – the key role of aboriginal interests and opportunities
• Finding new markets – pursuing domestic markets and export opportunities
• Getting to market – expanding and reinforcing transmission systems

10:00

Networking Coffee Break

Sponsored by

10:15

Insolvency Issues in the Oil and Gas Patch: What You Need to Know

Christa Nicholson
Partner
Osler, Hoskin & Harcourt LLP

• Amendments to the bankruptcy and insolvency legislation
• Limiting exposure: developments in the law of set-off
• Termination of contracts: eligible financial contracts
• Builder’s and operator’s liens and how they work
• Trust claims by JV partners

11:15

Power Purchase Arrangements: Handling Issues Unique to PPA Disputes

Bryan C. Duguid
Partner
May Jensen Shawa Solomon LLP

• PPAs promulgated by regulation
• Stepped dispute resolution process
• Pathological arbitration provisions
• “Pay and dispute” issue
• Involvement by the balancing pool
• Handling issues arising from the nature of the electricity industry

12:15

Networking Luncheon

1:30

International Oil & Gas Joint Venture Contracts: Current Trends and Challenges

Thomas E. Valentine
Partner
Macleod Dixon LLP

2:30

Networking Refreshment Break

2:45

Security of Investment Considerations Under PSCs and Other Government Petroleum Contracts

Frank C. Alexander Jr.
Partner
Fraser Milner Casgrain LLP

• Security of investment benefits associated with structuring to come under an applicable investment treaty by way of forming a foreign subsidiary
• Significance of Government approval standards in regards to operations (particularly Development Plan) – and provide case studies of associated disputes
• Wide range of stabilization provisions offered by approximately 50% of the host countries that have upstream petroleum regimes
• Significance of governing law (the law applicable to a dispute between the IOC and the host country) and international arbitration (with expert determination)
• Importance of an applicable arbitral award enforcement treaty (such as ICSID and/or the New York Convention)

3:45

Cash Collateral as Performance Assurance: Current Considerations for Energy Derivatives

Cameron T. Hughes
Partner
McMillan LLP

This presentation will focus on the use of cash collateral, particularly in the context of energy derivatives and hedging transactions. Mr. Hughes will consider ISDA documentation and the Credit Support Annex, absolute transfers and security interests in cash collateral.

Throughout the presentation he will highlight recent legislative developments affecting the use of cash collateral and practical impacts for over-the-counter markets.

4:45

Conference Adjourns

Tuesday, September 21, 2010

8:45

Co-Chair’s Opening Remarks

Charles W. Bois
Partner
Miller Thomson LLP

9:00

Credit and Force Majeure Provisions in NAESB and GasEDI

Jane Peck Hay
Barrister and Solicitor

• Financial responsibility, defaults and remedies provisions in NAESB and GasEDI
• Differences between posted credit assurances in the US and Canada
• Comparisons in the definition of Force Majeure between NAESB and GasEDI
• Limited Force Majeure events as a risk allocation tool
• Some common special provisions

10:00

Networking Coffee Break

Sponsored by

10:15

Intellectual Property Aspects of Energy Contracts

Monica Sharma
Partner
Blake, Cassels & Graydon LLP

• Intellectual property in the energy industry: current trends and developments
• Protecting and commercializing intellectual capital
• Intellectual property considerations in research and joint development agreements related to the energy industry

11:15

Working With and Understanding Legal Boilerplate

Nick J. Kangles
Senior Partner
Ogilvy Renault LLP

R. Ben Rogers
Partner
Ogilvy Renault LLP

• Boilerplate in commercial contracts: where does it come from and what does it mean?
• Review of recent case law developments relating to boilerplate provisions
• Boilerplate and energy contracts: specific discussion of boilerplate provisions in the context of energy contracts

12:15

Networking Luncheon

1:30

Energy Purchases Agreements in British Columbia, Issues and Opportunities

Charles W. Bois
Partner
Miller Thomson LLP

• Green Energy Task Force recommendations
• Clean Energy Act provisions
• BC Hydro’s new mandate
• Role of the utilities commission
• Standard offer contracts
• Feed in tariffs
• First Nation issues
• Domestic and export potential

2:30

Networking Refreshment Break

2:45

Offset Project Origination and Monetization

Ron Ezekiel 
Partner
Fasken Martineau DuMoulin LLP

Kai Alderson
Associate
Fasken Martineau DuMoulin LLP

Learn effective offset project development and monetization skills through a mix of informative presentations and mock negotiations. This session will examine the key business relationships and agreements involved in successfully developing and monetizing an offset project. Different markets and different project types will be discussed, with a focus on identifying key contracting issues and best practices to maximize value and mitigate risk.

• Important contracting considerations, including differences between compliance and voluntary markets, and between emission reductions and removals
• Negotiating key project agreements among the project proponent, aggregators, land/facility owners, technology providers and financers
• Negotiating letter of intent and purchase and sale agreements, including contracting tips and tricks and credit risk management techniques

4:45

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.