Ahab Abdel-Aziz Partner Global Director, Nuclear Power Generation

Representative Work

Nuclear

I. Regulatory

1. Licensing

• ACR licensing. Advice and representation with respect to the licensing of the Advanced CANDU Reactor.
• Chalk River licensing. Advice and representation with respect to the licensing of the Chalk River Laboratories Facilities.
• Maple 1 & 2 Reactors licensing. Advice and representation with respect to numerous licensing issues for the MAPLE facilities.
• NRU Shutdown by CNSC. Advice and representation with respect to the decision by the CNSC to shut down the operation of the NRU reactor as a result of alleged regulatory and license violations.
• Alberta Energy New Build Licence. Advice and representation with respect to the license application for the Alberta Energy proposed CANDU project.
• Export of Nuclear Information and Technology. Advice to several clients with respect to the proposed transmission to clients abroad of nuclear information and or materials.
• Nuclear Fuel Waste Storage Facility. Advice to a proponent with respect to a proposal to establish a nuclear fuel waste storage facility in eastern Canada.
• Radioactive Waste Management (Storage) in Operating Facility. Advice with respect to regulatory compliance, licensing and environmental impact assessment for several existing and proposed radioactive waste storage facilities at nuclear facilities.
• Project Interruption. Advice and representation with respect to the proposed imposition by CNSC of new approvals requirements on a nuclear project already underway under an approvals process MOU.

2. Compliance

• CNSC Interactions. Representation and advice to nuclear industry members with respect to numerous regulatory compliance and licensing issues arising at nuclear facilities under the former Atomic Energy Control Act and the current Nuclear Safety and Control Act.
• Management of Legacy Liabilities at Nuclear Facility. Extensive review of the state of compliance of certain nuclear facilities with regulatory obligations and advice with respect to compliance, regulatory due diligence, and long term liability management issues.
• Nuclear Fuel Waste. Advice to client with respect to the impact of the Nuclear Fuel Waste Act on contractual relations.
• Operating License Interpretation. Advice to a crown agent on numerous matters arising with respect to the compliance of facilities and activities at federal nuclear facilities with the requirements of CNSC licenses and the regulations.

3. Nuclear Project and Facility Environmental Compliance

• CANDU Proposal in Turkey. Advice on the impact of Canadian legislation on the bid to construct two CANDU reactors in Turkey.
• Application of CEAA to Numerous Nuclear Projects. Advice and representation with respect to the conduct of environmental assessment of proposed nuclear new build projects in Canada. Advice with respect to the conduct of environmental assessments for numerous existing and proposed projects at a nuclear research facility.
• Environmental Compliance at Nuclear Facilities. Advice with respect to Canadian Environmental Protection Act, Transportation of Dangerous Goods Act, Species at Risk Act, and the Fisheries Act compliance at nuclear facilities. Advice with respect to the management of contaminated sites and environmental liability at nuclear facilities.
• POC Regulations Implementation. Advice with respect to the application of the Projects Outside of Canada Regulations under the Environmental Assessment Act to several existing and potential nuclear projects outside of Canada.

II. Policy

1. Legislation

• Canadian Environmental Assessment Act amendments. Advice to a public client with respect to preferred policy options. Representation to the Privy Counsel's Office on behalf of a client with respect to the implications of sensitive proposed legislative amendments for certain nuclear facilities and projects.
• POC Regulations. Advice on, and developing policy options for, the amendment of the Project Outside of Canada regulations under the Federal Environmental Assessment Act in respect of their impact on nuclear projects outside of Canada.

2. Implementation of International Obligations

• GEN IV Framework. Advice to a public client with respect to the GEN IV Framework MOU.
• Nuclear Regulations Amendments. Advice and representation with respect to several proposed draft regulations intended to implement in domestic legislation international obligations and standards, including ICRP60, and the IAEA's NSR1, NSR2 and NSR3.
• Climate Change. Advice with respect to international and domestic climate change legislative policies and their impact on nuclear power projects.

3. Parliamentary Proceedings

• MAPLE Project Cancellation. Advice and representation with respect to the appearance of the CEO of a crown agent before a Parliamentary Committee inquiring into the cancellation of the MAPLE Project.
• NRU Shutdown. Advice and representation with respect to the appearance of client representatives before the Committee of the Whole of the Parliament of Canada, convened to consider the passage of legislation to permit the continued operation of NRU, notwithstanding the CNSC's order to shut it down

4. Policy Development

• Nuclear New Build Program. Advice and representation to a nuclear vendor with respect to the optimization of the federal and provincial regulatory approvals regimes for the purposes of several proposed new build projects. Representations to government with respect to same.
• Nuclear Privatization. Advice to minister with respect to the proposed privatization of a crown agent's commercial nuclear business.
• Ontario Energy Policy. Advice and representation with respect to the impact of and preferred options for federal and provincial energy policies in so much as they relate to nuclear power generation. Representation of client with Ontario Ministry of Energy.

III. Supply

• Isotope Supply. Advice and representation to a crown agent with respect to an agreement for the supply of medical radioisotopes. Advice with respect to market, production and regulatory risks and risk management.
• Supplier Indemnities & Nuclear Liability. Advice and representation with respect to the impact of nuclear liability legislation on the exposure to liability in tort of operators, owners, contractors and suppliers, as well as advice and representation with respect to the negotiation of contractual allocation of liability and indemnification.
• New Build Equipment Supply. Advice and representation with respect to an agreement to supply equipment for a nuclear new build project.

IV. Nuclear Projects

1. New Build Projects

• Alberta New Build. Advice and representation with respect to a proposal to construct new nuclear reactors in Alberta.
• Rolphton Site New Build. Advice and representation with respect to a proposal to construct a new nuclear reactor in Rolphton, Ontario.
• New Brunswick New Build. Advice and representation with respect to a proposal to construct new nuclear reactors in New Brunswick.
• Darlington New Build. Advice and representation with respect to a proposal to construct new nuclear reactors in Ontario.
• Cernavoda 3 & 4 Feasibility Study. Member of consortium providing advice to Romanian government agents with respect to the appropriateness of the financing and ownership structures proposed for the Cernavoda 3 and 4 projects.
• Cernavoda 3 and 4 Structuring Advice. Advice to Romanian government agents with respect to the feasibility of the Cernavoda 3 and 4 project.
• Jordan New Build. Advice (pro bono) to JAEC executives with respect to the proposal to build new power generation reactors and the agreement for the construction of a research reactor.

2. Refurbishment Projects

• Bruce Power Refurbishment. Advice and representation with respect to the refurbishment of CANDU nuclear reactors at the Bruce Power facilities.
• New Brunswick Refurbishment. Advice and representation with respect to the refurbishment of a CANDU nuclear reactor in New Brunswick.

IV. Disputes

1. Nuclear Project Related Disputes

• CANDU Sale to China. Advice and representation in proceedings with respect to the sale and construction of two CANDU reactors in China.
• Cancellation of MAPLE Project. Lead arbitration counsel. Successfully defended a complex arbitration brought against a client for damages in the amount of $1.6 billion and for an order for specific performance relating to two nuclear reactors and a processing facility.
• Privatization of Isotope Business. Acted as counsel to AECL with respect to disputes with MDS arising from the privatization of the isotope business and the MMIR (MAPLE) Project.
• Nuclear Project Insurance Claim. Representing a client with respect to a claim against an insurer for recovery of cost overruns and delay costs arising in the course of a nuclear construction project.

2. Defence of Prosecutions and Investigations

• Counsel on several regulatory investigations and defence of criminal prosecutions alleging violations under the Atomic Energy Control Act and the Nuclear Safety and Control Act.

3. Compensation for Inventions

• Advice and representation on a dispute relating to the compensation of inventors at a federal nuclear institution.

4. Protection of Sensitive Nuclear Information

• Freedom of Information. Advice and representation with respect to numerous applications for disclosure to the public of information sought from nuclear operators and crown agents.
• National Security. Counsel on special sittings of the federal court in proceedings brought to avoid damage to national security that would arise from the disclosure of nuclear information.

V. Federal Crown Agent Governance

• Accountability. Advice with respect to the impact of the Federal Accountability Act on a federal crown agent engaged in the nuclear industry.
• Financial Administration. Advice with respect to the duties and obligations of a crown agent, its officers and directors under the federal Financial Administration Act, as well as the obligations of directors and officers with respect to regulatory compliance and civil liability exposures. Advice with respect to the compliance of transactions with the federal Financial Administration Act.
• Appropriations and Funding. Advice and independent opinion with respect to the justification and sufficiency of federal government funding of a crown agent operating nuclear facilities, along with the impact of funding levels on regulatory compliance and due diligence.

Environmental

1. Environmental Assessment

• Served as counsel to proponents and opponents of major undertakings with respect to environmental assessments under federal and provincial regimes.
• Represented and advised clients on environmental assessments with respect to proposals to establish waste disposal sites.
• Represented and advised a client on an environmental assessment with respect to an LNG terminal.
• Represented and advised a client in a major dispute with respect to the application of Canadian environmental assessment legislation to a major infrastructure undertaking outside of Canada.
• Advised clients on numerous environmental assessments for nuclear projects in and outside of Canada.

2. Policy and Legislation

• Advised and represented clients with respect to proposals for amendments to the Canadian Environmental Assessment Act and the Projects Outside of Canada Regulations under that act.
• Advised and represented clients with respect the development of Ontario's Brownfields Amendment Act.
• Member of the National Round Table on the Environment and the Economy's (NRTEE) National Brownfield Redevelopment Strategy Task Force and was the principal author of its national policy recommendation titled "Facilitating a Brownfield Redevelopment Strategy for Canada", prepared at the request of the then Prime Minister of Canada.
• Advised and represented clients in the petroleum and nuclear industries with respect to climate change policy and legislation. Represented clients with respect to National Resources Canada's proposals for the implementation of Kyoto Accord.

3. Compliance & Dispute Resolution

• National environmental counsel for integrated oil company. Advised on the development of policies and processes for managing the risks and liabilities associated with ownership of hundreds of current and former contaminated sites. Worked with local counsel in each of the provinces to develop responses to regulatory and civil claims arising from the current or past ownership of hundreds of contaminated sites.
• Counsel for a major oil refiner / fuels retailer in Canada and the US with respect to management of risks and liability for contaminated sites.
• Counsel to a national leading commercial developer with respect to transactions involving contaminated sites.
• Dealt with over 600 contaminated sites actual and potential civil and regulatory disputes.

Litigation

• Lead and Co-lead counsel on multi-billion dollar commercial and construction disputes related to nuclear projects.
• Co-lead counsel representing a provincial art gallery in litigation before the courts of the UK and New Brunswick, as well as before an arbitration panel, in a dispute over title to some $200 million of artwork.
• Lead counsel representing a major integrated oil company in a large number of disputes over liability for contaminated lands.
• Co-lead counsel for the respondent in a judicial review application brought by non-governmental organizations to halt major infrastructure projects undertaken by Canadian industry outside of Canada.
• Lead counsel for a retail chain with respect to more than 12 arbitration matters and two complex matters in litigation before the courts, arising from the sale of the assets of the business.
• Co-counsel in proceedings before a special sitting of the Federal Court to determine Canada Evidence Act National Security Certificates on behalf of a federal Crown corporation.
• Lead counsel in several injunction proceedings brought to protect and recover highly sensitive confidential information of a government agency.
• Co-lead counsel for the defence to several quasi-criminal prosecutions under federal and provincial legislation.
• Lead counsel on judicial review applications and regulatory appeals of regulatory civil enforcement measures.
• Co-lead counsel in hearings before specialized nuclear and environmental regulatory tribunals.