Experience

Microgrids

We represented a Maine utility before the Maine PUC in a proceeding in which the utility sought approval to own and operate a microgrid to be located at its operations center. The proposed microgrid consisted of a 600 kW AC photovoltaic array, a 500 kw/950 kWh Tesla Powerpack battery, an existing diesel generator, and an electric vehicle charger.

Natural Gas Consumers

Provide legal counsel to Bowdoin College and other larger consumers of gas regarding their purchase and use of gas. Represented several large consumers of Maine Natural Gas in successfully objecting to a proposed rate increase by MNG.

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.

New Transmission Line

We represented a wind developer in obtaining the environmental and land use permits for a 15-mile 115 kV transmission line connecting the Northern Maine transmission system to ISO-New England.

New Transmission Line

Represented a wind developer on the environmental and land use permits for a 15-mile, 115 kV transmission line connecting the Northern Maine transmission system to ISO-New England.

Non-Wires Alternatives

In litigation spanning several years, Verrill represented Emera in a Maine PUC investigation into ratemaking mechanisms associated with non-wires alternatives for Maine's investor-owned transmission and distribution utilities. That proceeding grew out of a prior proceeding, in which we represented Emera, involving the issue of whether Maine should appoint a state wide Non-Transmission Alternatives Coordinator, and if so, whether the Coordinator would be a public utility. The NTA Coordinator proceeding arose from legislation related to the need for establishing a so-called “Smart Grid Coordinator” for the state of Maine.

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.

Permitting

Served as counsel to Novatus Energy LLC on several wind power projects it owns and operates in Maine, including the Bingham Wind Project, which at 186 MW is the largest wind power project in New England. Worked on financings, regulatory compliance, and stakeholder engagement for the Maine projects.

Energy: Gas Pipeline Expansion

Represented an interstate pipeline company before the Maine PUC in advancing an interstate pipeline expansion project designed to provide a firm, competitively priced source of fuel for natural gas-fired generators providing electricity to consumers in Maine and elsewhere in New England. The Maine PUC is charged with implementation of the Energy Cost Reduction Act, a 2013 law (the firm was actively involved in drafting and securing passage of the Act) that authorizes the state to direct execution of a contract for new natural gas pipeline capacity. A so-called energy cost reduction contract, or ECRC, provides financing for up to $75 million per year upon a finding that the contract's benefits will outweigh its costs and that the contract is commercially reasonable and in the public interest. After more than two years of extensive litigation, the Maine PUC selected our client's project as the best option for an ECRC and directed Maine's electric transmission and distribution utilities to purchase pipeline capacity on the proposed pipeline expansion. The project is conditioned on support from other New England states, as it will enable the development of additional pipeline capacity needed to increase the availability and supply of natural gas throughout New England.

Pipeline Refund

Represented a natural gas marketer in contested Public Utilities Commission proceedings in Maine, New Hampshire, and Massachusetts and succeeded in obtaining more than $700,000 for the client from a FERC-ordered refund by an interstate pipeline.

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.

Power Purchase Agreement Approvals

Represented a New York wind developer in proceedings in Connecticut, Massachusetts, and Rhode Island to obtain regulatory approval of power purchase agreements with utilities in those three states pursuant to their tristate clean energy RFP.

Power Purchase Agreement Dispute

Represented Emera in defending a claim by a hydroelectric operator disputing Emera's determination of so-called avoided cost PURPA rates paid by Emera to the hydroelectric operator.

Prudence of New Substation

Verrill represented a Maine utility in a lengthy and contentious Maine PUC case involving the prudence of the siting and design of a new substation. To address the concerns of several neighbors arising out of the original siting and design, the utility changed the location and design of the substation. This resulted in a significant cost increase and a Maine PUC investigation into the prudence of the utility agreeing to those changes.

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 Plan

Represented Summit Natural Gas in securing Maine PUC approval of Summit's alternative rate plan (ARP). The ten-year rate plan provides 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 unanimous approval to begin providing service in Maine despite the opposition of an existing Maine gas utility.

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.

Energy: Reclassifying as a FERC-Jurisdictional Transmission Line

In 2010, Madison Electric Works (MEW), an electric utility serving Madison, Maine, explored reclassifying its 115-kV power line as a FERC-jurisdictional transmission line. Reclassification of the line, which serves Madison Paper Industries (MPI), Backyard Farms, and other customers in Madison, could permit MPI to receive electricity supply on more favorable terms. We advised MEW as to the steps necessary to obtain FERC-jurisdictional status, and researched the regulatory regime under which MEW would find itself were the reclassification to succeed.

Regulatory Approval for New LDC

Secured regulatory approval for Summit Natural Gas, a natural gas local distribution company, to become Maine's fourth natural gas local distribution company (LDC). Represented Summit in a wide range of matters before the Maine PUC.

Safety Violations

Represented an LDC before the Maine PUC in response to allegations of gas safety violations in four separate cases. The violations pertain to operator qualifications, use of trenchless technology, and fusions of natural gas pipe.

Sale of Wind Projects

Served as outside environmental counsel to SunEdison in connection with wind power projects in Maine. Following SunEdison's voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code, Verrill provided advice and support in connection with disposition of certain Maine wind power assets.

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.

Securitization of Stranded Costs

Public Service Company of New Hampshire (PSNH) choose Verrill to represent it in a proceeding to obtain regulatory approval for the creation of a new wholly owned subsidiary, a "special-purpose-entity" to facilitate the securitization of stranded costs and the issuance of rate reduction bonds subsequent to the divestiture of PSNH's generation assets.

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.

Standards of Conduct

Verrill represented Emera in a Maine PUC rulemaking establishing standards of conduct governing the relationship between transmission and distribution utilities and affiliated generators. The rulemaking arose from a number of earlier commission proceedings, including an investigation into the ownership of generation by Emera affiliates.

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.

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