KAISER ARBITRATION Gordon Kaiser is a Arbitrator and Settlement Counsel practicing in Toronto, Calgary and Washington DC. His practice involves domestic and international disputes in energy, infrastructure, telecommunications, competition law and technology. He served as Vice Chairman of the Ontario Energy Board for 6 years. Prior to that he was a partner in the Gowlings law firm for 25 years where he appeared in the courts of five provinces, the Federal Court of Appeal, the Supreme Court of Canada and regulatory commissions across the country. Mr. Kaiser has advised both regulators and utilities. The regulators include the Ontario Energy Board, the Alberta Utilities Commission, the Commissioner of Competition, the Ontario Independent Electricity System Operator (IESO), the Ontario Farm Products Marketing Commission, the Commissioner of Patents and the Competition Tribunal. The utilities include Toronto Hydro, Union Gas, Hydro One, PowerStream (Alectra), London Hydro, Ontario Power Generation, AltaLink, EPCOR and China Three Gorges. Gordon has negotiated a number of settlements in the energy and technology sector, including disputes on multi-year rate plans between public utilities and their major customers and long term contracts for the pricing of gas, electricity and wireless data. He has advised both the Alberta’s Utility Commission and the Ontario IESO on settlements under the Market Rules and both the Attorney General Canada and the Commissioner of Competition on settlements under the Competition Act. Mr. Kaiser has arbitrated disputes dealing with the construction of transmission and pipeline facilities, power purchase agreements, gas supply contracts, the construction of power plants wind and solar facilities. He is a member of the JAMS Global Engineering and Construction panel in Washington DC, the IESO panel in Toronto, the ICC Canadian arbitration panel in Ottawa and the London Court of International Arbitration. Gordon has served as an Adjunct Professor at Queen's University, the University of Toronto and the Osgoode Hall Law School. He is Editor along with Bill Rowley and Doak Bishop of The Guide to Energy Arbitration now in its’ second edition. For 10 years he has served as Co-Chair of the Canadian Energy Law Forum and a Managing Editor of the Energy Regulation Quarterly. He is recognized as one of Canada’s leading Arbitrators by Chambers Global. Gordon is a Fellow of the Chartered Institute of Arbitrators in London and the Association of International Petroleum Negotiators. Mr. Kaiser has served on a number of corporate boards including subsidiaries of Bell Canada and AltaLink, Alberta’s largest electricity transmitter. GORDON E. KAISER ARBITRATOR & SETTLEMENT COUNSEL Toronto Dominion Center Suncor Energy Centre 77 King Street West, Suite 2020 150 6th Avenue SW, Suite 500 Toronto, Canada M5K 1A1 Calgary, Canada T2P 3Y9 855.736.4608 | [email protected] | kaiserarbitration.com Executive Administrator | Karen Daly | 416.640.4730 x 2200 PROFILE | DECISIONS | SETTLEMENTS | PRESENTATIONS | PUBLICATIONS PROFILE EDUCATION University of Toronto, St. Michael’s College, BA Queen’s University, Department of Economics, MA Queen’s University, Faculty of Law, JD LAW PRACTICE Student, Associate, Partner – Lang, Michner Farquharson & Wright, Toronto Partner – Gowling & Henderson, Ottawa, Toronto Vice Chair – Ontario Energy Board Arbitrator – JAMS, Toronto, Washington ACADEMIC CURRENT Adjunct Professor – Osgoode Hall Law School, Competition Law, 3 years PREVIOUS Adjunct Professor – Faculty of Law, Queen’s University, Competition Law, 10 years Visiting Professor – Laws and Economics, University of Toronto, Faculty of Law, 1 year Adjunct Professor – University of Toronto, Faculty of Law, Economic Regulation, 3 years DIRECTORSHIPS CURRENT Board Member – Sensory Technologies, Toronto, a provider of mobile medical communication software in three countries. Advisory Board – Mars CleanTech Practice, University of Toronto Board Member – Energy Bar Association, Washington DC Board Member – Chartered Institute of Arbitrators, Toronto, Chapter Board Member – Churchill Society for the Advancement of Parliamentary Democracy Board Member – St. Elizabeth Foundation, Toronto, a nationwide health service provider PREVIOUS Board Member – SkyTel Communications, Montreal, air to ground telephone service provider, a subsidiary of Bell Canada Board Member – AltaLink Ontario, a subsidiary of Alberta’s, largest electricity transmission company Board Member – California Alliance for Advanced Transportaion Systems ARBITRATIONS PANELS Arbitration Panel, Ontario Independent Electricity System Operator, Toronto ICC Canadian Arbitration Panel, Ottawa JAMS Global Engineering and Construction Panel, Washington, DC London Court of International Arbitration, London Chartered Institute of Arbitrators Panel, London Institute of Energy Law, Arbitration Panel, Houston Canadian Transportation Agency, Arbitration Panel, Ottawa RECOGNITIONS National Leadership Award, Canadian Association of Public Utility Tribunals, 2006, 2008 Energy Lawyer of the Year, Canadian Energy Law Forum, 2011 Leading Canadian Arbitrator, Chambers Global, 2015, 2016, 2017 ARBITRATIONS AND REGULATORY DECISIONS Mr. Kaiser has served as a sole Arbitrator, Chairman and Party Nominee in arbitrations on power purchase agreements, energy and infrastructure contracts, project finance and the construction of power plants and gas pipelines. He has also acted in disputes relating to telecommunications, technology, intellectual property, franchising and licensing. Recent arbitrations and mediations include: • Arbitration in Calgary under the Alberta Rules between an electricity generator and its customers regarding the price of electricity under a 20 year Power Purchase Agreement • Arbitration in Calgary under the Alberta Rules between a gas producer and an electricity generator regarding the price of gas under a 20 year Gas Supply contract • Arbitration in Calgary under the Alberta Rules between an electricity generator and its customers regarding the price of electricity under a 20 year Power Purchase Agreement During his six years as Vice-Chair of the Ontario Energy Board, Mr. Kaiser wrote over 60 decisions relating to the rates for electricity transmission, gas distribution and nuclear power and approval of construction permits for electricity generation and transmission, gas pipelines and power plants. Mr. Kaiser also served as a Member of the Ontario Telephone Commission for three years writing a number of decisions dealing with rate applications, mergers and construction projects by Ontario telephone companies. A number of these decisions are referred below. 2 SETTLEMENTS Mr. Kaiser has mediated a number of settlements in the energy sector including: • Mediation in Toronto regarding the ownership interest in a technology company • Mediation in Toronto between a natural gas distributor and major customer groups to establish gas prices over a five year term • Mediation in Toronto between the supplier of an agricultural product and major customer groups to establish a formula to set prices over a five year term • Mediation in Toronto between an electricity transmitter and major customer groups to establish the price of electricity transmission over a two-year term • Mediation in Calgary regarding the damages to the use of defective materials in natural gas drilling and the intellectual property rights in a fracking compound He is often retained as a Settlement Counsel by one party in a settlement negotiation. A number of these settlements are referenced below indicating the party Mr. Kaiser acted for. Mr. Kaiser has also acted as an Independent Monitor in compliance programs that form part of settlement agreements with Courts and Regulators. REGULATORY STRATEGY Mr. Kaiser has advised regulators, regulated utilities and major customers on regulatory and strategic policy issues. He has advised the Ontario Energy Board, the Alberta Utilities Commission and the Ontario Independent Electricity System Operator. Utilities he has advised include Toronto Hydro, Union Gas, AltaLink, Hydro One and EPCOR. Major customers he has advised include Goldcorp, IGPC Ethanol, Greater Toronto Airport Authority and the Port of Hamilton. COUNSEL IN REGULATORY PROCEEDINGS Gordon Kaiser has acted as Counsel in regulatory proceedings in seven provinces as well as before a number of Federal tribunals. He has appeared in the courts of Ontario, New Brunswick, Nova Scotia and Newfoundland as well as the Supreme Court of Canada and the Federal Court. He has acted for a wide variety of private parties as well as public authorities including the Commissioner of Competition, the Attorney General of Canada, the Ontario Energy Board, the Alberta Utilities Commission, the Ontario IESO and the Association of Municipals of Ontario. Mr. Kaiser has appeared in regulatory proceedings before the Ontario Energy Board, The National Energy Board, The Restrictive Trade Practices Commission, The Canadian Radio-Television and Telecommunications Commission, The Board of Commissioners of Public Utilities (Province of Nova Scotia), The Board of Commissioners of Public Utilities (Province of New Brunswick), The Prince Edward Island Public Utilities Commission, The Alberta Public Utilities Commission, The Anti-Dumping Tribunal, The Canadian Import Tribunal, The Competition Tribunal and The Ontario Farm Products Marketing Commission. 3 DECISIONS CONSTRUCTION PIPELINES Panel Chair - Union Gas Ltd application to construct an 18 km steel natural