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Experience

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

Longtime Verrill Attorney Begins New Role as Senior Advisor at Maine Governor’s Energy Office

News

65 Verrill Attorneys Recognized by Best Lawyers® 2022, Including Eight Named Lawyers of the Year

(August 31, 2021) – 65 Verrill attorneys were recognized as "Best Lawyers" by Best Lawyers® 2022 , including 8 attorneys named “Lawyer of the Year,” a distinguished recognition for only a single lawyer in...

Blog

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...

Matter

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...

News

Verrill Partner to Lead Firm’s Energy, Telecommunications, and Natural Resources Group

(May 14, 2021) – Verrill is pleased to announce that Jim Cohen has been appointed chair of the firm’s Energy, Telecommunications, and Natural Resources Group. Cohen, a former Mayor of Portland, is a long-time...

Matter

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...

News

Advice from Former Portland Charter Commission

On June 23, Portland Phoenix published an article, "Those who have been there predict Portland Charter Commission faces steep learning curve," discussing the organizational meeting with Portland's newly elected Charter Commission. In the meeting...

Matter

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...

Blog

Long-time Verrill Attorney William Harwood to Join Maine Governor’s Energy Office

William S. Harwood
Blog

Jim Cohen Appointed to Northern New England Passenger Rail Authority

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