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Fasken Hydrogen Energy Advisory Team (H2EAT) first of its kind comprehensive expertise and service offering to support transition to a clean hydrogen economy

Achieving carbon neutrality by 2050 requires the integration of hydrogen energy into global power markets. Industry is reacting rapidly to the evolution and transition of energy systems and power production.

As the hydrogen economy develops:

  • gas and electrical utilities and power producers are adapting their businesses for new markets
  • engineering, technology, constructions firms are expanding their operations to meet new demands
  • regulators are amending their rules, codes and standards to facilitate new applications

all to meet a rapidly growing demand for hydrogen, most notably in the transportation, mining, manufacturing and construction sectors.

Whether produced “green” from electricity through electrolysis by connecting to the grid or using renewable energy sources, or produced “blue” from natural gas (with sequestration) or using nuclear energy, the flexibility of “clean” hydrogen offers significant opportunities to achieve carbon reduction targets, attract sustainability financing, meet ESG requirements and satisfy clean fuel standards.

Fasken is a leader in the emerging hydrogen economy and has been engaged in all stages of the transition of hydrogen energy into the global energy system.  The Fasken hydrogen energy advisory team (H2EAT)  has demonstrated market leading expertise, advising clients in connection with business critical initiatives including the:

  • identification of supplies of renewable energy to produce “green” hydrogen from wind, solar and hydro sources;
  • evaluation and differentiation of technologies available to produce hydrogen through the process of electrolysis;
  • advancement of efforts with utility companies engaged in strategies to “blend” hydrogen with the natural gas distributed through pipelines;
  • accessing of debt and equity capital for hydrogen companies and hydrogen projects from a variety of sources including U.S. SPACs, banks, venture fund and private equity capital as well as private and existing investors;
  • structuring of joint ventures and limited partnerships engaged in pursuing the design, development and operation of hydrogen projects;
  • negotiation of offtake, supply and take or pay agreements with suppliers of hydrogen;
  • navigating the complex regime of regulatory requirements, certifications and codes and standards applicable to supply, storage and transportation of hydrogen, small modular reactors and in front of and behind the meter distributed energy resources;
  • advocating to the federal and provincial governments for policies, programs and public investments that promote hydrogen as an essential pathway in Canada’s transition to clean energy; and
  • engaging in stakeholder engagement processes impacting regulatory and market rule requirements.

The firm has been actively involved in the development and growth of the hydrogen sector through its engagement in the following:

  • representing an Ontario engineering firm in the expansion of its operations to include hydrogen energy supply and logistics services and the lease of hydrogen generators and its related hydrogen power purchase contract
  • representing an Ontario electrolyzer manufacturer in a private placement of class A common shares and warrants, a joint venture arrangement with a strategic industry partner and a corporate reorganization relating to the transfer and registration of intellectual property rights
  • representing a Canadian green hydrogen supplier in connection with the construction and operation of a green hydrogen production plant in Bécancour, Québec, with a production capacity of 49,000 tonnes annually
  • representing a hydrogen supply company in the establishment of its Canadian operations and seed financing to develop hydrogen powered trucks and a supply of hydrogen for use in the airline industry
  • representing FortisBC Energy Inc. in its 2020-2024 Multi-Year Ratemaking Plan and related proceedings, aimed in part in gaining approvals to advance the injection of hydrogen into the utility’s gas distribution system
  • consulting on an intervention filed in connection with the application filed by Enbridge Gas Inc. to the Ontario Energy Board to inject hydrogen into the natural gas pipeline in Markham, Ontario
  • lead counsel to H2GO Canada, a non-for-profit corporation, focused on the acceleration and development of a market for hydrogen as an alternative fuel and energy source and engaging with Ontario’s Independent Electricity System Operator, in connection with the Energy Storage and Design Project and the Expanding Participation in the Operating Reserve and Energy Project
  • Advised a utility on tariff and contractual arrangements to secure environmental attributes of a decarbonized gas supply.


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