Experience
Verrill Helps Hancock Solar Project Obtain MDEP Permit, Protect Upland Sandpipers
The 14-megawatt Hancock Solar project in the town of Hancock, Maine has obtained its Site Law permit from the Maine Department of Environmental Protection.
Verrill assisted the project with environmental permitting, which included the challenge of locating the 58-acre array entirely on blueberry barrens that function as prime habitat for upland sandpipers, a threatened species under the Maine Endangered Species Act. Verrill helped negotiate a mitigation package that will preserve a large tract of high-value upland sandpiper habitat near the project site. The 311-acre mitigation parcel will ensure continued nesting grounds for the sandpipers in Maine, which migrate every year from South America to breed. It was also the critical and final step in getting the project permitted.
Project construction is expected to begin in April 2021. The Maine Public Utilities Commission estimates that the project will save Maine ratepayers $4.4 million over 20 years. Hancock Solar is a joint venture between Maine-based Dirigo Solar and Dublin, Ireland-based BNRG Renewables.
Acquisition Approval
Verrill represented a Connecticut utility in addressing the need for certain regulatory approvals for its acquisition by a large international energy company.
Acquisition Approval
We represented Public Service Company of New Hampshire (PSNH) in a Maine PUC proceeding in which PSNH sought approval for its parent company, Eversource, to acquire a Connecticut water utility, Aquarion Water Company.
Energy: Acquisition of LDC
Verrill assisted with an investment fund with due diligence in regard to potential acquisition of a local gas distribution company. The scope of work included analysis of state regulatory environment for gas utilities and the process for seeking regulatory approval of the potential acquisition.
Acquisition of Paper Mill
Verrill represented an energy developer in its proposed acquisition of the real estate and electric generation assets of a former paper mill. We provided advice on federal and state regulatory laws affecting the client's acquisition and proposed operations, including maintaining Qualifying Facility status and avoiding public utility status at both the state and federal levels.
Certifications and Approvals for Pittsfield Solar, Which Will Be Largest Solar Farm in Maine When It Goes Into Service
In 2017, Verrill Dana represented Cianbro Development Corp. subsidiary Pittsfield Solar, LLC in obtaining regulatory approvals for a 9.9-megawatt ground-mounted solar array to be located on 54 acres in Pittsfield, Maine. Verrill helped Pittsfield Solar obtain community-based renewable energy project certification from the Maine Public Utilities Commission ("PUC"), Maine PUC approval for waivers relating to the interconnection and power purchase agreements between Pittsfield Solar and Central Maine Power Company, and Renewable Portfolio Standard certification. These processes involved critical negotiations with both the regulator and the utility. When fully in service, Pittsfield Solar will be the largest solar project in Maine by a factor of two. The first phase of the project will go into service in December 2017, while the remainder will go into service by spring 2018.
Defending Arbitration Award
Verrill represented Woodland Pulp before the Maine Supreme Judicial Court in successfully defending an arbitration award after a lengthy, contentious arbitration proceeding resolving a dispute between Woodland Pulp and a tenant over shared use of a private natural gas pipeline.
Defending Constitutionality of the Wind Energy Act
Juliet served on the Governor’s Wind Power Task force in Maine, which developed permitting goals and standards for land-based wind power. She subsequently successfully defended permits in which the constitutionality of the Wind Energy Act was challenged, as well as numerous challenges to the interpretation and application of the sound and scenic standards that govern wind energy developments.
Emera's Acquisition of Swan's Island Electric Cooperative
Emera's 2017 acquisition of Swan's Island Electric Cooperative required a multi-disciplined team of Verrill energy lawyers to successfully close the transaction. Because the seller was a member based cooperative, the transaction was structured as an asset purchase, rather than a stock purchase. This required a determination that the Cooperative had marketable title to hundreds of easements, many of which had been acquired by the Cooperative decades earlier. Upon investigation, the parties identified that there were over 200 easements to be acquired or confirmed for Cooperative power lines crossing private property. Tony Calcagni worked with the Cooperative management team for approximately one year to remedy the problems and procure valid deeds to the power line easements.
The acquisition also raised a novel question of utility ratemaking. Because of the high cost of serving the islands, the Public Utilities Commission raised the issue as to whether island ratepayers should pay more than Emera's mainland rates for electricity. In a two to one decision, the Maine PUC rejected the acquisition, finding that charging mainland rates to island customers would result in an unreasonable subsidy of island customers. In response, Bill Harwood and Brian Marshall, renegotiated the terms of the acquisition by including a five-year monthly surcharge on island ratepayers, and were thereby able to convince the Public Utilities Commission to approve the acquisition.
Energy: Legislative Campaign to Oppose State Takeover of Electric Utilities
During the 2019 session of the Maine Legislature, Verrill took a leading role on behalf of our client Emera Maine in opposing significant legislation authorizing the State of Maine to take over and operate the assets of Emera Maine and Central Maine Power, Maine’s two investor-owned transmission and distribution utilities. If this bill were to pass, CMP and Emera Maine would cease to operate as investor-owned utilities. Our efforts to oppose the bill included developing and coordinating a coalition of stakeholders in opposition to the legislation; detailed research of similar efforts around the country; the preparation and distribution of fact sheets outlining our research and other data showing the challenges of a state takeover; the preparation and delivery of public testimony on the legislation; preparation of amendments to the bill; overseeing public polling and grassroots outreach efforts to oppose the bill; and the direct lobbying of legislators and state agencies. After nearly six months of work, the Legislature postponed action on the bill, and instead directed the Maine PUC to conduct a detailed study of the proposal and report back in 2020. Future efforts will focus on this study, and the potential for additional legislation on the proposal.
Energy: Maine's First Private Natural Gas Pipeline
Assisted a large pulp mill secure legislation to authorize building a private natural gas pipeline that tapped into the Maritimes interstate pipeline to lower the mill's energy costs. To meet the client's schedule, we had to submit after-deadline emergency legislation and get the bill through the legislature and signed by the governor in just over three weeks.
Management Audit
Verrill represented Emera in its 2016 distribution rate case before the Maine PUC. The case involved issues relating to significant new capital investments, including Emera's new customer information system and a controversial substation investment. In the midst of the rate case, the Maine PUC ordered a formal management audit of Emera's customer service and transmission and distribution operations.
2017 Emera Distribution Rate Case
Verrill represented Emera in its 2017 distribution rate case before the Maine PUC, which included: defeating Staff's proposed reduction to allowed return on equity for "management inefficiency;" approval of new expenditures, such as an enhanced vegetation management program; and recovery of increased storm restoration and employee benefits costs.
Natural Gas Rate Plan
Verrill represented Summit Natural Gas in securing Maine PUC approval of its alternative rate plan or ARP. The ten-year rate plan provided for annual rate adjustments during the course of the ARP, return-on-equity sharing provisions, authority to enter into special rate agreements without prior Commission approval, recovery of natural gas conversion rebate costs, and a service line installation policy and metrics. The ARP was part of a larger proceeding in which Summit obtained the Commission's approval to begin providing service in Maine despite the opposition of an existing Maine gas utility.
Energy: Omnibus Energy Legislation
Verrill represented Emera as part of Omnibus Energy Legislation authorizing the State of Maine to procure up to $75 million of natural gas capacity in New England. Our goal was to ensure that the risks on Maine electric consumers through the bill were minimized, which required us to work for weeks with a wide range of stakeholders in order to make necessary amendments to the original bill. As a result of the strong relationships we developed and trusted legal solutions we offered, many of our proposals were ultimately included in the final legislation, whereas many suggestions by other stakeholders were not.
Pipeline Refund
Verrill represented MetroMedia, a natural gas marketer, in appealing an adverse ruling of the Massachusetts Department of Public Utilities to the Massachusetts Supreme Judicial Court. We argued the case asserting that the pipeline refund ordered by the Massachusetts Commission should have been paid to MetroMedia, as a gas marketer, not directly to MetroMedia's customers.
Rate Design
We represented Emera in a rate design case before the Maine PUC to determine whether local distribution rates should be adjusted to reflect seasonal variations in the cost of providing electric distribution service.
Rate Surcharge
Verrill represented a Maine utility in the negotiation of a temporary rate surcharge applicable to former ratepayers of an electric co-operative. The surcharge was designed to recover the incremental costs of the utility acquiring the co-operative and directly serving its former ratepayers.
Sales of Kennebec Hydro Project
Verrill represented Kennebec Water District in connection with the sale to Essex Hydro of its hydro-electric facility on the Kennebec River. Bill Harwood and Brian Marshall represented Kennebec Water District in seeking FERC approval of the transfer of the project and securing an order of the Maine PUC declining to assert jurisdiction over the sale. Mark Googins negotiated the Purchase & Sale Agreement and Tony Calcagni negotiated the transfer of real estate and related easements.
Shareholder Class Action
Verrill participated in drafting the merger agreement and securing regulatory approval from the Maine PUC when Emera acquired Maine Public Service Company. We defended Maine Public in a shareholder class action suit in U.S. District Court resulting from the proposed merger.
Solar Energy: Acquisition of Grid-Scale Project in Brunswick, Maine
Verrill represented Diversified Communications in the acquisition of a newly built $2.5 million solar array in Brunswick, Maine. The array, which was developed by ReVision Energy and went online in January 2018, will provide power to more than 100 businesses at Brunswick Landing. Verrill attorneys advised Diversified Communications on a range of issues in the transaction, including federal debt financing, solar investment tax credits, solar renewable energy credits, electric power sales, EPC contracting, and regulatory, real estate and corporate matters. We worked collaboratively with Diversified Communications and the developer of the project to get the deal done on a short timeline while minimizing investment risk.
Stranded Cost Rate Reconciliation
We represented Emera in multiple stranded cost reconciliation cases in which stranded cost revenues and expenses are reconciled annually with forecasted revenues and expenses.
T&D Utility Ownership of Generation
Verrill represented Emera in a lengthy case addressing the extent to which the Maine Restructuring Act prevents affiliates of a Maine T&D utility from acquiring ownership of generation facilities. In 2011, Emera sought approval of two acquisitions: (1) 25% ownership of Algonquin Power & Utilities Corp. and (2) a joint venture with First Wind to develop new wind projects in the Northeast. We represented Emera in extensive litigation before the Maine PUC and Maine Supreme Judicial Court both before and after Emera closed the transactions. Verrill defended the approvals before the Maine Supreme Judicial Court in two separate appeals of the Maine PUC approval orders.
T&D Utility Ownership Of Generation
We represented Emera in a lengthy case addressing the extent to which the Maine Restructuring Act prevents affiliates of a Maine T&D utility from acquiring ownership of generation facilities. In 2011, Emera sought approval of two acquisitions: (1) 25% ownership of Algonquin Power & Utilities Corp. and (2) a joint venture with First Wind to develop new wind projects in the Northeast. Represented Emera in extensive litigation before the Maine PUC and Maine Supreme Judicial Court both before and after Emera closed the transactions.
Energy: Utility Ownership of Generation
We opposed legislation on behalf of Emera that would have prohibited affiliates of Maine T&D utilities from owning electric generation facilities in the state. Had the bill passed, Emera would not have been able to partner with First Wind to provide financing for a number of major wind energy projects.