Water Over Dam

Verrill's Energy Group is involved in all aspects of the acquisition, licensing, and operation of hydroelectric facilities. Specifically, the firm appears regularly before FERC in connection with the licensing and re-licensing of hydro facilities; secures required state 401 water quality certificates; and negotiates safety, aesthetic, and recreational licensing conditions with government agencies, interest groups, and abutters. The firm has litigated headwater benefit claims before FERC involving disputes over Section 10(f) payments from downstream owners to upstream owners. Our attorneys have been involved in several disputes over the decommissioning and removal of dams and regularly advises buyers and sellers of hydro facilities in structuring such transactions. The firm has also advised clients on compliance with FERC safety audits and has arbitrated disputes arising from power purchase agreements between hydro facilities and power purchasers.

For more information about related experience by our team, please visit our Experience page.

Firm Highlights

Blog

Maine Solar Boom: Over 1.5GW of Distributed Solar Capacity in the Queue

Blog

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...

Blog

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...

Matter

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...

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.

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...

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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...

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...

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...

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Jim Cohen Addresses Maine Chamber Symposium About Risks of Public Power