Environmental and Energy Law Update

A blog from the attorneys of Verrill

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Maine Legislature Adopts Major Revision to Its Net Energy Billing Program

On July 1, 2021, LD 936, An Act To Amend State Laws Relating to Net Energy Billing and the Procurement of Distributed Generation became law after Maine Governor Janet Mills allowed the legislatively enacted bill to go into effect without her signature. Because the bill was not adopted on...
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Jim Cohen Interviews Maine Governor Janet Mills on “Eggs & Issues”

After two years as host of “Eggs & Issues,” the monthly business breakfast of the Portland Community Chamber of Commerce, Jim Cohen concluded his twentieth appearance with an hour-long interview of Maine Governor Janet T. Mills. During the virtual interview, Governor Mills touched on topics ranging from broadband connectivity...
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Jim Cohen Appointed to Northern New England Passenger Rail Authority

On April 22, the Maine State Senate unanimously confirmed the nomination of Jim Cohen to the board of the Northern New England Passenger Rail Authority (NNEPRA). NNEPRA oversees the day-to-day operations of the Amtrak Downeaster and works to improve transportation, safety, and the economy of Maine. Prior to joining...
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Patrick Scully Nominated to Maine PUC

On May 24, Governor Janet Mills nominated attorney Patrick Scully , who was most recently the Chief Executive Officer of Bernstein Shur, to serve a six-year term on the Maine Public Utilities Commission. For over 36 years, Scully focused on municipal, energy, and utility regulations and has significant experience...
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Prop 65: Will the “Short-Form” be Short Lived?

Enacted as part of the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 (“Prop 65”) requires businesses with ten or more employees that sell products in the state of California to provide notice to consumers of health risks that are associated with certain chemicals if contained...
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Task Force Releases Report on Modernizing Maine’s Electric Grid

On April 14, 2020, the Nature Conservancy and The Great Plans Institute announced the final report of the Maine Utility Regulatory Reform and Decarbonization Initiative (MURRDI) which outlines a series of steps Maine can take to modernize its electric grid in order to achieve the state’s climate action goals...
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Verrill Attorneys Present on Issues in Maine Energy and Electric Utility Regulation

The energy and environmental landscape is constantly evolving. On Thursday, April 22, 2021, Halfmoon Education Inc. presents a full-day, virtual program, "Issues in Maine Energy and Electric Utility Regulation," which will highlight the current state of the industry and regulations in the state of Maine. During the program, Verrill...
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Virtual “Eggs & Issues”: Jim Cohen Interviews U.S. Senator Susan Collins

On March 10, Verrill partner Jim Cohen moderated a virtual “Eggs & Issues” business forum with US Senator Susan Collins (R-Maine). The March forum, hosted by the Portland Community Chamber of Commerce , covered a range of timely topics, including rural broadband and infrastructure improvements, federal pandemic relief, the...
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Maine Public Utilities Commission Invites Net Energy Billing Report Comments

Yesterday, the Maine Public Utilities Commission issued a request for comments related to the MPUC’s Net Energy Billing Report to the Legislature. The Commission broadly invited any interested person to submit information or comments “that may be relevant to the NEB report to the Legislature. In particular, the Commission...
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MPUC Issues Order Setting Forth “Discrete Electric Generating Facilities” Safe Harbor

Today, the Maine Public Utilities Commission (MPUC) issued an Advisory Ruling establishing a safe harbor for the determination whether a generation facility is a Discrete Electric Generating Facility for the purposes of qualifying for the MPUC’s Net Energy Billing and Distributed Generation Programs. This safe harbor helps clarify when...
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MPUC Adopts Safe Harbor for Determination of “Discrete Electric Generating Facilities,” a Qualification for Net Energy Billing and Distributed Generation Programs

Yesterday, all three Maine Public Utilities Commission Commissioners agreed to adopt a new standard for the determination of what facilities qualify as “discrete electric generating facilities” under the MPUC’s Distributed Generation and Net Energy Billing rules. This has been an issue of significant concern among developers given the ambiguity...
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Maine Law Court Holds Citizen's Initiative Cannot Block CMP's NECEC Transmission Line

Yesterday, the Maine Law Court deemed unconstitutional a ballot initiative to overturn the Maine PUC’s approval of the transmission line known as the New England Clean Energy Connect (NECEC). The Court’s holding in Avangrid Networks, Inc. v. Sec’y of State , has potentially wide-ranging implications for Maine’s administrative and...
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Verrill Helps State’s Largest Solar Project Obtain Principal Environmental Permit

The 100-megawatt Three Rivers Solar Project in Hancock County, Maine has obtained its combined Site Law and Natural Resources Protection Act permit from the Maine Department of Environmental Protection. Three Rivers Solar will become the largest solar project in the state, twice the size of the next largest facility...
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Maine’s COVID-19 Response Impacts Utility Services and Other Business Activities

Like many states, Maine is quickly imposing a wide range of measures designed to protect the public in response to the spread of the coronavirus, COVID-19. Almost daily, Maine Governor Janet Mills and other state agencies have announced new measures. On Sunday, March 15, Governor Mills issued a Proclamation...
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Recent Maine Legislation Triggers Amendment to PUC Consumer Protection Rules

Last year, the Maine Legislature enacted three bills requiring amendments to the Public Utilities Commission (PUC) Rules in Ch. 815: Consumer Protection Standards for Electric and Gas Transmission and Distribution (T&D) Utilities . Last month, on February 5, 2020, the PUC issued an Order amending Ch. 815, effective February...
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Maine PUC Issues Distributed Solar Procurement Announcement

The Maine PUC, in partnership with its consultant Enel X, has issued a procurement announcement for the first block of distributed generation under Maine’s distributed generation law passed last summer . The procurement is open to projects of 5 MW AC or less. In total, the Maine PUC may...
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Maine PUC Issues Report Analyzing the Costs and Benefits of “Public Power” in Maine

Last week, the Maine PUC submitted to the Maine Legislature its Report , authored by London Economics International (LEI), on the costs and benefits of requiring the State of Maine to take over Central Maine Power and Emera Maine and hire a private contractor to operate Maine’s electric grid...
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Maine Solar Boom: Over 1.5GW of Distributed Solar Capacity in the Queue

According to the latest interconnection queues for distributed generation projects published by Maine’s two investor-owned utilities, CMP and Emera Maine , more than 1.5GW of solar capacity is currently proposed for interconnection to Maine’s electric grid. Almost all of the projects are less than 5MW in size, the capacity...
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First Circuit Acts on Appeal by South Portland Pipeline Company

On January 10, 2020, the U.S. Court of Appeals for the First Circuit acted on the Portland Pipe Line Corporation’s (PPLC) appeal of the district court order upholding a South Portland zoning ordinance that prohibits the bulk loading of crude oil onto marine vessels. Portland Pipe Line Corp. v...
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Maine Energy Storage Commission Issues Report to Legislature

The Commission to Study the Economic, Environmental and Energy Benefits of Energy Storage to the Maine Electricity Industry has issued its report to the Legislature. The Commission unanimously agreed on the benefits of energy storage, making the following four findings: Energy storage has the potential to reduce costs and...
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Jim Cohen Addresses Maine Chamber Symposium About Risks of Public Power

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...
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Maine Adopts Amended Net Energy Billing Rules, New Commercial NEB Tariff Rate

Recent legislation amending the net energy billing (NEB) rules to include a tariff rate program specifically for commercial customers and directing the Maine Public Utilities Commission (PUC) to procure distributed generation, has prompted a flurry of PUC rule changes in the past months. See P.L. 2019, ch. 478 (LD...
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Beneficial Electrification and Natural Gas Bans in New Buildings, Affordable Sustainability

Electric Cars
Transmission and distribution (T&D) utility customers have often been understood to care most about two things: reliability and cost—usually, but not necessarily in that order. Climate change and the public’s interest in mitigating it, have begun to change that conventional thinking. The ongoing beat of public climate change advocacy...
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