Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        Jim Cohen Addresses Maine Chamber Symposium About Risks of Public Power

        by Hans C. Eysenbach on January 7, 2020

        On January 6, 2020, longtime Verrill partner and energy lawyer Jim Cohen appeared at a legislative symposium hosted by the Maine Chamber of Commerce and spoke on the topic, “Creation of a State-Run Power Authority: Promises vs. Realities.”

        Cohen’s presentation outlined the substantial risks associated with Maine LD 1646, a legislative proposal pending before the Maine State Legislature directing the State of Maine to take-over Central Maine Power and Emera Maine so that the Maine State government would be responsible for owning and operating the majority of Maine’s electric grid.

        In his presentation, Cohen provided a wide range of information regarding the history of public power in America, including a recent trend toward privatizing electric utilities – including publicly-owned Swan’s Island Electric Cooperative in Maine whose customers saw their rates decline in 2017 when the utility became part of Emera Maine.

        Cohen also noted that the State of Nebraska is the only state in America that is predominantly “public power,” and most of the electric utilities in that state were started in the Depression era as publicly-owned rural electric cooperatives. If Maine were to take over its privately-owned utilities, it would be the first state in the nation to take over private utilities comprising the majority of the state’s customers. Cohen noted that such a policy would represent one of the most dramatic legislative actions by the Maine Legislature in 50 years, were it to pass.

        Cohen also talked about the cost to the State in order to take over CMP and Emera Maine. Based on fair market value, he estimated that the cost to Maine electric customers would be $7-9 billion, which would need to be paid for in electric rates. Moreover, he estimated that litigation related to the takeover was highly likely given the experiences of other municipalities seeking to take over their local electric companies; such litigation would likely take many years and cost the State tens of millions of dollars in attorneys’ fees. Finally, Cohen noted that CMP and Emera Maine are two of the State’s largest taxpayers, and making them public risks a loss of $35-40 million in state taxes and $70 million in local property taxes – revenue that would need to be made up by other taxpayers.

        Cohen’s presentation also provided information comparing Maine with Nebraska, including the fact that Nebraska was rated well below Maine with regard to energy efficiency and grid modernization. He also provided slides showing that 75% of energy produced in Maine was renewable, whereas the predominant form of energy in Nebraska was coal – despite Nebraska having abundant wind resources.

        Finally, Cohen noted that, according to the U.S. Energy Information Administration, privately-owned electric utilities typically have better reliability than publicly-owned electric cooperatives. Moreover, notwithstanding Maine being the most forested state in the nation with nearly 3,000 miles of coastline, privately-owned Central Maine Power had a better reliability track record in the years before 2017 than most of the major consumer-owned utilities in Nebraska, where there are few trees and no coastline.

        Looking ahead, the Maine Public Utilities Commission (PUC) is developing a report on government-owned power, which is due back to the Legislature by February 15. As part of the development of its report, the PUC opened a public docket and sought comments from the public. These comments are available here as part of PUC Docket No. 2019-00280.

        The Maine Legislature is expected to take up the subject of government-owned power in February.

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...