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Marie H. Buchinski

Partner

Partner | Email

T: 403.298.8136

Email

Calgary

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Buchinski Marie
 
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T: 403.298.8136


Email

Calgary

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

Marie Buchinski is a member of the firm's Midstream & Pipeline Energy Industry Team, the firm's Regulatory, Environmental and Indigenous Practice Group and the firm's Power and Renewables Practice Group. She has practised exclusively in the area of Energy Law for more than 20 years, providing strategic advice across a wide spectrum of financial and physical energy regulation matters, including tolls and tariffs, project development and associated approval requirements, compliance and operational matters and Indigenous matters.

Marie has extensive experience advising major energy and public utility clients on all matters related to federal and provincial energy regulation, including the regulation of both federally and provincially regulated pipelines, LNG facilities, electricity generation, gas plants producing low carbon fuels and the economic regulation of pipelines regulated by the Canada Energy Regulator (CER) and public utilities regulated by the Alberta Utilities Commission (AUC), including representation of the ATCO utilities in their provincial regulatory proceedings before the AUC on rates, facilities and electricity transmission related matters.

Marie regularly represents clients before the CER, AUC and Alberta Energy Regulator (AER), and has appeared on significant mandates before the Occupational Health and Safety Tribunal Canada and the Land and Property Rights Tribunal (Alberta). She has represented clients before regulatory tribunals on matters related to tolls and tariffs, facility approvals, jurisdictional issues, pipeline access and energy imports and exports. At the AUC, she has significant experience representing clients on matters respecting the operation of the Alberta Interconnected Electric System, including with respect to the rules of the Alberta Electric System Operator related to transmission line losses, transmission constraints management and the allocation of transmission capacity on the Alberta interties. In her 20 years of practice as an Energy Lawyer, Marie regularly advocates for clients before the Alberta Court of Appeal and the Federal Court of Appeal on appeals arising from the decisions of provincial and federal regulatory tribunals.

Marie has assisted in the preparation of numerous papers, publications and blogs relating to Energy and Regulatory issues across Canada, most recently with respect to the regulation of geothermal developments in Alberta, AER life-cycle management of energy developments under its jurisdiction, and the emerging hydrogen economy. She has presented at conferences including for the Canadian Energy Law Foundation and the Rocky Mountain Mineral Law Foundation, with associated publications in the Alberta Law Review and Rocky Mountain Mineral Law Foundation Journal. Marie has also instructed at the University of Calgary on energy related matters including matters related to facilities approvals, tolls and tariffs, energy imports and exports and environmental regulation.

Education

University of Saskatchewan, BComm, 1993, Great Distinction University of Saskatchewan, LLB, 1994, Distinction 

Bar Admissions

Saskatchewan, 1995 Alberta, 1998 

Recent Experience

Canada Energy Regulator (formerly the National Energy Board)

  • Counsel in respect of regulatory proceedings for approvals of Firm Service on an existing crude oil pipeline
  • Counsel in respect of regulatory proceedings for construction and operation of federally regulated pipelines, capacity expansions, flow reversals, relocations, deactivations, decommissioning and reactivation of pipelines
  • Counsel in respect of regulatory proceedings for pipeline tolls and tariffs, Incentive Toll Settlements, verification procedures, and priority destination designations
  • Alliance Pipeline Inc. in respect of an application for approval of its New Services Offering
  • Counsel in respect of regulatory proceedings related to pipeline access, and contracts for service on an oil pipeline
  • Counsel in respect of obtaining approvals for transfers of pipelines and related facilities
  • Counsel in respect of obtaining approvals for oil, gas (including LNG) and electricity exports
  • Strategic advice in respect of pipeline tolls and tariffs matters
  • Drafting of tariffs, toll schedules and regulatory provisions for commercial agreements
  • Interventions, including in regulatory processes for the NGTL Temporary Service Protocol and an application for long-term fixed price service
  • Participation in financial and facility audits conducted by the Canada Energy Regulator, and strategic advice in respect of potential enforcement/assessment of Administrative Monetary Penalties
  • Significant experience with the Land Matters Consultation Initiative, including with respect to abandonment cost estimates, abandonment surcharges, and set-aside and collection mechanisms

Alberta Utilities Commission

  • ATCO Gas and Pipelines Ltd. in respect of all regulatory matters and related Alberta Court of Appeal permission to appeal proceeding in respect of its acquisition of an existing pipeline and associated facilities regulated by the AER, and approvals to bring the pipeline and associated facilities into ATCO's regulated rate base and revenue requirement; also included subsequent sale of a segment of the pipeline to NOVA Gas Transmission Ltd. and associated approvals required from the AUC and CER
  • ATCO Utilities on a variety of regulated utility matters, including general rate applications, capital trackers, and facilities applications and approvals, and related review and variance applications
  • ATCO Power on a variety of proceedings related to the operation of the Alberta Interconnected Electric System, including matters related to transmission system line losses, transmission constraints management, and the allocation of transmission capacity on the Alberta interties, and related review and variance and permission to appeal applications to the Alberta Court of Appeal
  • ATCO Power in proceedings regarding the publication of Historical Trading Reports by the Alberta Electric System Operator and the Commission Initiated Proceeding to consider Independent System Operator Rules to implement and operate a Capacity Market in Alberta

Alberta Energy Regulator

  • Facility approvals (including Municipal) for low-carbon energy facility 
  • Approvals for pipelines, and all related regulatory matters, including land requirements and Indigenous matters including in respect of Williams Energy (Canada) Inc.'s HVP Boreal Pipeline Project and Access Pipeline Inc. in a $400 million joint venture between MEG Energy Corporation and Devon ARL Canada Corporation 
  • Regulatory counsel to proponents, shippers and producers related to pipeline access, tolls, and gas removal authorizations 
  • Strategic advice regarding project development, including application strategy, Indigenous matters, standing in regulatory proceedings, consultation, and negotiation and drafting of settlement, land and Indigenous agreements

Select Additional Experience

  • Counsel in respect of regulatory aspects of open seasons
  • Counsel in respect of regulatory aspects of commercial transactions including Veresen Inc. in the purchase of Encana Corp's midstream gas gathering and processing plants in Alberta and British Columbia for $920 million and Plains Midstream Canada ULC in its $1.67 billion acquisition of the Canadian natural gas liquids and liquefied petroleum gas business of BP Canada
  • Strategic Advisor to SpectrumH2 Ltd. (innovative, junior company focused on blue hydrogen, carbon capture and carbon sequestration)
     

Recent Recognition

The Canadian Legal Lexpert Directory
Repeatedly Recommended, Energy (Electricity)
Repeatedly Recommended, Indigenous Law
Consistently Recommended, Energy (Oil & Gas)
Lexpert Report on Business Special Edition - Canada's Leading Energy Lawyers
Recognized as a leading Energy lawyer in Canada
Benchmark Litigation: Canada
Recognized as a Litigation Star
Best Lawyers in Canada
Recognized for Energy Law and Energy Regulatory Law

Insights, News & Events

Announcements

Bennett Jones Highly Recommended in Benchmark Canada 2022

April 28, 2022
       

Blog

Geothermal Resource Development: Alberta Energy Issues Guidance for Obtaining Geothermal Resource Leases

February 16, 2022
       

Blog

AER Implements Life Cycle Management Directive Effective December 1, 2021

December 03, 2021
       

Related Services

Aboriginal Law
Commercial Transactions
Environmental Law
Energy Regulatory
Oil & Gas
Power & Renewables
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