Resources
Experience

FERC Headwater Benefits Case

Secured a settlement on behalf of several downstream hydro owners in a FERC headwater benefits case that spanned 12 years and involved millions of dollars of claims between several major U.S. hydro developers owning hydro facilities on the Penobscot River. The case was complicated by several factors, including (1) a jurisdictional fight between the U.S. Bankruptcy Court and FERC after one of the parties filed for bankruptcy; (2) a contested 15-year-old settlement of a portion of the claim; and (3) multiple sales of both the upstream and downstream hydro facilities while the case was being litigated, resulting in multiple indemnification claims and defenses between the parties related to the underlying headwater benefits claims.

Firm Highlights

Matter

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 represent Kennebec Water District in seeking FERC approval...

Blog

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...

Blog

Verrill Helps State’s Largest Solar Project Obtain Principal Environmental Permit

Blog

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...

Matter

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.

Blog

Verrill’s Jim Cohen to Moderate Portland Chamber’s “Eggs & Issues” Discussion with Key State Officials regarding COVID-19

On Wednesday April 8, Verrill attorney and Portland Community Chamber of Commerce president James Cohen will moderate the Portland Chamber’s first-ever “virtual” Eggs & Issues on the subject of Maine’s response to the COVID-19...

Blog

Maine Law Court Holds Citizen's Initiative Cannot Block CMP's NECEC Transmission Line

Blog

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...

Matter

FERC Hydro License Compliance

Represented ENEL, an international leader in hydro power, before FERC in defending against a formal Section 206 Complaint by the City of Lawrence, Massachusetts, and various abutters, alleging that ENEL North America has violated...

Matter

Arbitration of Hydro PPA Dispute

Represented a Maine utility in arbitratiion of a contractual dispute between the utility and a hydro facility owner arising under a long-term power purchase agreement. After a lengthy hearing, the arbitrator ruled in favor...