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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.

Firm Highlights

Blog

Verrill's Jim Cohen To Speak on Past and Future of Maine’s Electric Grid at 2023 Winter Bar Conference

Verrill partner Jim Cohen will be presenting at the Maine State Bar Association’s Winter Bar Conference 2023, on Friday, January 27, in Portland. Cohen’s presentation, The Past and Future of Maine’s Electric Grid...

Blog

Georgetown Broadband LLC Secures Utility Pole Attachment Authorization for Community Broadband Project

On February 17, 2023, Georgetown Broadband LLC (GBLLC) became the latest community broadband entity to receive pole attachment authorization from the Maine Public Utilities Commission (PUC) to deploy a fiber broadband network. GBLLC began...

News

Jim Cohen Participates in Televised Debate on Maine Ballot Question to Take Over CMP and Versant Power

Verrill Partner Jim Cohen recently participated in a televised debate regarding a November, 2023 ballot question proposing to form a Maine state authority called “Pine Tree Power” that would be required to take over...

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Jim Cohen Discusses “No Blank Checks” Citizen Initiative Before Maine Legislative Committee

Verrill Partner Jim Cohen was recently quoted in a Spectrum News article " Maine Ballot Initiative To Require Voter Approval For $1B Borrowing Gets Broad Support.” Maine LD 1772 is a citizen-initiated ballot question...

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Crisis emerges in Maine over safe disposal of biosolids from wastewater treatment plants

Maine wastewater treatment plants are currently facing intense challenges concerning disposal of their sewage sludge , also called “biosolids.” This is a fast-moving issue getting significant coverage in the media and substantial attention from...

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Maine PUC Asked to Fix “Leapfrogging” Problem Triggered by 2022 Changes to Maine’s Generator Interconnection Rule

The Maine Public Utilities Commission is currently considering whether to commence a formal emergency rulemaking process to amend Chapter 324 of its rules governing generator interconnections. The purpose of the rulemaking would be to...

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Carolyn Gilbert Nominated to Maine PUC

On March 28, Governor Janet Mills nominated Carolyn “Carrie” Gilbert to serve a six-year term on the Maine Public Utilities Commission. For the past 15 years, Gilbert has worked at Daymark Energy Advisors where...

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U.S. Environmental Protection Agency Proposes National Drinking Water Standard for Six PFAS Compounds

On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced a proposed National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (“PFAS”). PFAS are a category of manufactured chemicals that...

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PFAS Regulatory Update: Dates You Need to Know

Public Comment on the Federal Proposed Drinking Water Standards for Six PFAS Compounds On March 29, 2023, the U.S. Environmental Protection Agency (“EPA”), published in the Federal Register its proposed national drinking water standards...

News

Verrill Partner Geoffrey Why Named One of Boston’s Most Influential Asian American Pacific Islanders 2023

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