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David J. Macaulay

Partner

Head of Power & Renewable Energy Practice

Head of Power & Renewable Energy Practice | Email

T: 403.298.3479

Email

Calgary

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David Macaulay
 
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  • Recent Recognition
  • Insights, News & Events
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T: 403.298.3479


Email

Calgary

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  • Education
  • Bar Admissions
  • Select Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Select Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

As a leading energy lawyer in Canada, David Macaulay supports clients navigating the intricacies of project development, M&A transactions and joint ventures across diverse energy sectors.

David is head of the firm's power and renewable energy practice group and represents clients both domestically and internationally in energy infrastructure projects. David is repeatedly recommended as a preeminent lawyer in the industry by various global legal directories including Chambers Global, Chambers Canada, The Legal 500 and The Canadian Legal Lexpert Directory.

What Clients Say

"David is a highly thoughtful commercial energy lawyer. He is able to focus on core commercial issues and legal risk, and deliver under a demanding timeline."

Clients benefit from his expertise in leading complex commercial and infrastructure transactions, particularly in the following areas: power projects (solar, biomass, natural gas, hydro and pumped hydro, wind, battery and other fuels); pipelines and natural gas and liquids storage caverns development; conventional oil and gas projects; carbon capture projects; RNG and other clean fuels including hydrogen; and co-ownership structures with Indigenous groups.

David offers a unique set of experience and industry expertise, with a distinguished portfolio that includes leading counsel roles in monumental Canadian infrastructure ventures—such as the Mackenzie Valley Pipeline and the Terra Nova and Sable Island offshore projects—along with his international experience in M&A and project development across the United Kingdom, Australia, Mexico and South America. This positions him as an invaluable asset to clients embarking on large-scale, complex energy projects.

Education

University of Alberta, BComm, 1984 University of Toronto, JD, 1988 

Bar Admissions

Alberta, 1989

Select Experience

Kohlberg Kravis Roberts & Co., in connection with its C$1.19-billion acquisition of an indirect minority equity interest in the Labrador-Island Link from Emera Inc. 
Acciona Wind Energy Canada, in the acquisition of the 280 MW Forty Mile Wind Project in  Alberta from the RES Group
Canadian Utilities Limited, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio (gas and coal) through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners.  
ATCO Ltd., in its acquisition of Western Australia Gas Networks (WAGN) in Perth, Australia, for $1 billion.  WAGN is a natural gas distribution utility that serves more than 620,000 customers through 12,800 km of natural gas pipelines and associated infrastructure in the Perth metropolitan area
Menora Energy (an Israel based entity through its affiliate TeraLight), in the acquisition by TeraLight and Greencells Group (Germany) of 75% and 25%, respectively, of the 216 MW Dunmore Solar Project in Medicine Hat, Alberta from P&T Global Renewable Energy Limited. 
Ulkatcho Energy Corporation ("UEC") in connection with the Ulkatcho First Nation's solar energy project at Anahim Lake, British Columbia, including the structuring of the Electricity Purchase Agreement between UEC and BC Hydro for all of the solar energy generated by the project.  The project is material as it is the largest "off grid" solar project in Canada and is critical in the movement of the community away from diesel generation to greater reliance on renewable power. 
Alberta Coal Phase Out, representing ATCO Power and its subsidiary, Alberta Power (2000) Ltd., in respect of the proposed phase out of coal-fired generation by the Government of Alberta by 2030 pursuant to the Province's Climate Leadership Plan. 
Sable Offshore Energy Project, representing Mosbacher Operating Ltd., with negotiation and structuring of commercial agreements relating to the multi-billion dollar Sable Offshore Energy Project
Terra Nova Offshore Energy Project, representing Mosbacher Operating Ltd., with negotiation and structuring of commercial agreements respecting the multi-billion dollar Terra Nova Project including ownership, operating, development, transportation and royalty matters
Mackenzie Valley Pipeline Project, representing the Aboriginal Pipeline Group, regarding the multi-billion dollar Mackenzie Valley Pipeline Project, in connection with the negotiation and structuring of commercial agreements including ownership agreements among various aboriginal groups and various development, operating, shipping and financing agreements with Imperial Oil, ExxonMobil, ConocoPhillips, Shell and TransCanada Pipelines
ATCO Mexico, in connection with its acquisition of a 35 MW Escalona reservoir hydroelectric power station in Mexico
ATCO Electric Yukon and Yukon Electric Corporation, each an electric utility company operating in the Yukon, in respect of the development of the Standing Offer Program Rules and related long term Electricity Purchase Agreement for the acquisition of renewable electricity from proponents under the Yukon Government's Independent Power Production Policy
ATCO Electric Yukon, in respect of various solar projects including the Vuntut Gwichin First Nation solar project, Beaver Creek solar project, and Watson Lake solar project under the Yukon Government's Independent Power Production Policy
Evolugen, a subsidiary of Brookfield Renewables, in its acquisition of the Spring Coulee (29.5 MW) solar project in southern Alberta from Solar Krafte Utilities Inc. in southern Alberta. 
Horizon Power Project (Western Australia), acting for ATCO Power in respect of the 120 MW combined cycle power project in Karratha, Western Australia. 
Montem Resources Alberta Operations Ltd., in the structuring of a joint venture with TransAlta Corporation for the development of the Tent Mountain Renewable Energy Project, being a 320 MW pumped hydro energy storage project, located in southwest Alberta
ATCO Power, in the development of its 416 MW cogeneration power project at the Nova Chemicals petro-chemical site at Joffre, Alberta, including the negotiation and structuring of commercial agreements including electricity and steam supply agreement, ownership agreements, site host and services agreements
ATCO Power, in respect of its Oldman River Hydro Project being a 32 MW run-of-river hydro project in southern Alberta and its joint venture arrangements with the Piikani First Nation
Brighton Beach Power, represented ATCO in connection with the development, construction and commissioning of a 580 MW natural gas combined cycle electricity generation facility in Windsor, Ontario
Thames Power Project (London) acting for ATCO Power in its 1000 MW gas fired Thames Power Project in London, England
Battle River and Sheerness Coal Fired Generating Projects, represented ATCO in connection with its 670 MW coal fired Battle River generating station near Forestburg, Alberta and 760 MW coal fired Sheerness generating station near Hanna, Alberta
Access Pipeline Inc., with a $400-million joint venture between MEG Energy Corporation and Devon ARL Canada Corporation
ATCO Energy Solutions Ltd. (now ATCO Next Energy Ltd.), in its joint venture development with Petrogas Energy Corp. for the Strathcona Storage Facility, a liquids storage cavern business, near Fort Saskatchewan, Alberta, including associated long-term propane, butane and ethylene storage services agreements, interconnection pipelines and associated transportation rights, product loading and transfer services
Inuvilauit Projects, represented the Inuvialuit , in structuring, drafting and negotiating concession agreements regarding the Inuvik and Tuktoyaktuk blocks in the Mackenzie Delta and in the with the Inuvik Gas Project with AltaGas and Enbridge including negotiation of joint operating, gathering, processing, and transportation agreements, CO&O agreements and gas sales contracts
NWT Diesel Storage Project, represented RTL Enterprises in connection with its diesel storage facility in the Northwest Territories including the negotiation of long-term storage agreements with various mining companies
ATCO Energy Solutions Ltd. (now ATCO Next Energy Ltd.), in the structuring of storage services agreements respecting its Carbon Gas Storage Facility
ATCO, with numerous joint ventures with aboriginal groups in BC, Alberta, the Northwest Territories and Nunavut
Cranes, Inc., operating as NCSG Crane & Heavy Haul Corporation, with its joint ventures with various Indigenous groups in British Columbia, Alberta, Saskatchewan, Manitoba and the Northwest Territories providing crane, lifting and heavy haul services in support of major industrial and commercial projects

Recent Recognition

Chambers Canada
Ranked, Energy: Power (Transactional) – Nationwide
Chambers Global
Band 3, Energy: Power (Transactional)
Lexpert Special Edition—Canada's Leading Finance and M&A Lawyers
Recognized as a leading Finance and M&A lawyer
Canadian Legal Lexpert Directory
Consistently Recommended, Corporate Commercial Law
Repeatedly Recommended, Energy (Electricity); Energy (Oil & Gas); Infrastructure Law
The Legal 500: Canada
Leading Lawyer, Energy and Natural resources — Power
Business Today
Top 10 Most Influential Energy Power Transactional Lawyers in Canada
LexisNexis Martindale-Hubbell
Received a BV Distinguished Peer Review Rating
Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers
Recognized as a leading energy lawyer in Canada
Lexpert Special Edition—Canada's Leading Infrastructure Lawyers

Recognized as a leading Infrastructure lawyer

Who's Who Legal: Canada
Recognized as a leading lawyer in the area of energy
Who's Who Legal: Energy
Recognized as one of the world's leading energy lawyers
Best Lawyers in Canada
Recognized for Energy Law

Insights, News & Events

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