Clients Recognize Verrill Dana for Best Client Service in BTI Power Rankings 2017
Verrill Dana has been recognized for its unparalleled client relationships in the BTI Power Rankings 2017: The Law Firms with the Best Client Relationships in 18 Industries for the second year in a row. In the rankings, clients identified Verrill Dana as a Leading Core, Go-To Firm in Energy...
The Future of the Kennebunk Dams
On Thursday July 20 th , the Board of Selectmen for the Town of Kennebunk held a workshop to gather information regarding the Town's potential role in the future of three dams along the Mousam River in Kennebunk, Maine. The Board workshop was centered around a presentation prepared by...
“Untethered” Clean Energy Subsidies Survive Post-Hughes Preemption Challenges
Last year in Hughes v. Talen , the Supreme Court struck down a Maryland generator subsidy program, concluding that it had a direct impact on the wholesale energy auctions and was therefore preempted by the Federal Power Act (FPA). Broadly speaking, under the FPA, wholesale energy sales are federally...
Energy Startups: Opportunities, Challenges, & Considerations
In a presentation during Maine Startup & Create Week , Verrill Dana partner Jim Cohen , a utilities and energy lawyer with more than 25 years of experience, moderated a panel focused on the question, " How can tech disrupt energy? " With innovation and new technologies being developed...
How Can Tech Disrupt Energy?
On Wednesday, June 21, as part of Maine Startup & Create Week , Verrill Dana partner Jim Cohen , a utilities and energy lawyer for more than 25 years, will moderate a panel entitled " How Can Tech Disrupt Energy ?" Panelists include Ben Polito , president of Pika...
2017 Maine Legislature to Consider a Variety of Energy Bills
On Friday, January 6, Maine Governor Paul LePage released his biennial general fund budget for 2018-19. The Governor's proposed biennial budget and briefing document can be found here . The main priority in the Budget is reducing Maine's top income tax rate from 10.15 percent to 7.15 percent this...
Maine PUC Proposes Net Metering Rule Changes
The PUC has issued a proposed rule that would change Maine's net metering compensation for rooftop solar (and other distributed generation). Under Maine's current rule, customers that generate power are given a credit equal to the full retail rate of electricity. The proposed rule would gradually reduce the portion...
Natural Gas: Where Do We Go From Here?
With cold weather approaching, natural gas production expected to rise and expansion projects underway, Verrill Dana and Pierce Atwood will host their fourth annual, Natural Gas: Where do we go from here? on Thursday, October 6 at The Woodlands in Falmouth, Maine. The all-day event, co-chaired by Verrill Dana...
D.C. Circuit Flips USFWS for Issuing ITP to Ohio Wind Power Project with 6 M/S Cut-in Speed
The U.S. Court of Appeals for the D.C. Circuit has invalidated the issuance by the U.S. Fish and Wildlife Service (USFWS) of an incidental take permit (ITP) under Section 10 of the Endangered Species Act for take of Indiana bats by the 100-turbine Buckeye Wind project in Ohio. The...
Not Just for Rooftops: A Look at Community Solar in Maine
Much of the discussion around solar policy focuses on rooftop solar. While rooftop solar is an option for certain homeowners with suitable rooftops and some extra cash in the bank (or the ability to obtain financing), rooftop solar is not available to a large segment of the population. Community...
Verrill Dana Hosts E2Tech Networking Event
On Tuesday, July 26, more than a hundred professionals gathered outside in Verrill Dana's courtyard in Portland, Maine for the E2Tech Summer Networking Reception . Attendees included numerous area businesses, government officials, professionals, and non-profit leaders from across the state within the energy and environmental sectors. Verrill Dana partner...
Arbitration Award of $1.5 Million to Xpress Natural Gas, LLC Affirmed by Maine Supreme Judicial Court
Recently, the Maine Supreme Judicial Court affirmed an arbitrator's award of $1.5 million to Xpress Natural Gas, LLC. The court upheld the arbitrator's decision that Cate Street Capital Inc. was responsible for payments to Xpress Natural Gas that Cate Street's subsidiary, GNP Parent, LLC (formerly known as Great Northern...
D.C. Circuit Remands BOEM Cape Wind Lease under NEPA and ESA, Punts on MBTA Challenge
The U.S. Court of Appeals for the D.C. Circuit has dealt another setback to the Cape Wind offshore wind power project by holding yesterday in Public Employees for Environmental Responsibilities v. Hopper that the Bureau of Ocean Energy Management (BOEM) and the U.S. Fish and Wildlife Service (USFWS) violated...
4.4 MW Solar Facility to Provide Power for Madison Electric Works Customers
IGS Solar recently announced that Madison Electric Works will buy power from IGS's 4.4 MW solar array under a long-term contract. IGS will finance, own and operate the 4.4 megawatt generation facility, which will include more than more than 13,000 solar panels. MEW serves customers in Madison, Starks, Anson...
Seeking Competition Among the Uncompetitive: Maine PUC Must Define “Competitive” in Biomass Subsidy Proceeding
What makes a competitive bidding process "competitive"? The Maine PUC is currently grappling with this question in Docket No. 2016-00084 in which it is tasked with awarding contracts for up to 80MW of biomass generation. Under a new law, P.L. 2015, ch. 483 , the PUC must solicit bids...
Maine PUC Opens New Proceeding to Explore Changes to Net Metering Rules
On Tuesday, the PUC opened a new docket (2016-00120) requesting comments from interested stakeholders about the future of net metering (also known as "net energy billing"). In January, CMP notified the Commission that in 2015 net metering resources had exceeded 1% of CMP's peak demand, triggering PUC review under...
Maine PUC Opens Proceeding to Distribute RGGI Funds to Large Energy Consumers
The Maine Public Utilities Commission recently opened a new docket, 2016-00081, to process refunds to energy intensive manufacturers in Maine out of the fund created by the carbon cap and trade program under the Regional Greenhouse Gas Initiative (RGGI). Maine is one of nine New England/Mid-Atlantic states that participate...
After Solar Bill Fails to Muster Veto-Proof Support, PUC Will Decide Fate of Net Metering
Last Friday, the Maine House came within two votes of overriding Governor LePage's veto of LD 1649 , a bill that would have substantially increased installed solar capacity in Maine. The Senate had previously voted unanimously to override the veto. The bill would have sought to increase solar capacity...
Hughes v. Talen Energy: Supreme Court Strikes Down Maryland Generation Subsidy on Narrow Grounds
On Tuesday, the Supreme Court issued its decision (8-0) in Hughes v. Talen Energy striking down a Maryland program that encouraged additional in-state generation. Hughes is the second decision of the term, following FERC v. Electric Power Supply Association , in which the Court has struggled to clarify the...
Maine Commission Reviews Non-Transmission Alternative Pilot Project; Opens New Docket to Appoint NTA Coordinator
Eight years ago, Central Maine Power (CMP), Maine's largest T&D utility, proposed the Maine Power Reliability Program (MPRP)—a comprehensive plan to upgrade transmission resources ensure reliable service to its customers throughout its service territory. As part of an agreement reached in that docket, a Non-Transmission Alternative (NTA) pilot project...
Maine Solar Bill Proposes to Expand Capacity Without Net Metering
On March 10, the Maine Legislature's Energy, Utilities & Technology Committee reported out a bill that is the culmination of the solar stakeholder process at the Public Utilities Commission (PUC). The bill sets a target of developing 248 MW of new solar capacity over a five-year period beginning in...
“The Rate Is What It Is”: Supreme Court Upholds FERC’s Demand Response Rule
At oral argument in FERC v. Electric Power Supply Association , the Government argued that the retail rate or price of electricity "is what it is"—exactly the amount charged to the customer, without considering any foregone benefits. On Monday, the Supreme Court agreed with that characterization and upheld FERC's...
Maine Supreme Judicial Court Affirms MPUC’s Finding that Smart Meters Pose No Credible Health or Safety Threat
The Maine Supreme Judicial Court affirmed the Maine Public Utilities Commission's decision that Central Maine Power Company's advanced metering infrastructure ("AMI") system (aka "smart meters") pose no credible threat to the health and safety of Central Maine Power Company ("CMP") customers. Friedman v. PUC , 2016 ME 19...
MPUC Approves Northern Utilities’ Targeted Area Build-Out Program
Northern Utilities (d/b/a Unitil) recently received Maine Public Utilities Commission approval for a pilot Targeted Area Build-Out (TAB) program in Saco, Maine. The purpose of Unitil's TAB program is to remove the barrier of large contribution in aid of construction (CIAC) payments that new gas customers face when converting...
Beyond Net Metering: Solar Stakeholders Seek Common Ground
Since September, solar stakeholders have been participating in regular work sessions at the Maine Public Utilities Commission (PUC) to develop an alternative to Maine's current net metering rules. Net metering or "net energy billing" allows utility customers who also generate some of their own power (with solar panels, for...
Large-Scale Solar Having Its Moment in the Sun
Last week the Portland Press Herald reported that the Maine Public Utilities Commission will direct Maine's transmission and distribution utilities to enter into a long-term contract with Dirigo Solar for the construction of up to 75 MW of new solar installations across the state. The Commission was especially pleased...
Divide in an Effort to Conquer: Petitioners ask Court to Bifurcate Challenge to Clean Power Plan
Some lawyers say there is no harm in piling on when adding causes of action to a law suit. Assuming the claims are defensible, this may be true. Opponents of the Environmental Protection Agency's ("EPA" or "Agency") Clean Power Plan ("Rule"), however, seem to believe that their suit chock-full...
Washington Post on Electric Vehicles: Coal Generates Electricity
Last week the Washington Post exposed electric cars' dirty secret: they use electricity! The piece makes the astute point an electric vehicle (EV) is only as clean as the electricity that is used to power it. It is true that in many parts of the world that still heavily...
SolarCity’s Antitrust Case Survives Motion to Dismiss
When the Salt River Project utility in Arizona decided to impose new charges for its customers with rooftop solar installations in February , it opened another front in the solar war being waged across the country. Normally, these fights play out before state administrative agencies tasked with setting utilities'...
Count ME In
Count Maine "in" as one of the 18 states filing a motion to intervene to defend the federal Environmental Protection Agency's ("EPA" or "Agency") Clean Power Plan ("Rule"). A coalition including 24 states wasted little time filing suit against the much-anticipated final Rule after it was posted in the...
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