Experience

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 represented Kennebec Water District in seeking FERC approval of the transfer of the project and securing an order of the Maine PUC declining to assert jurisdiction over the sale. Mark Googins negotiated the Purchase & Sale Agreement and Tony Calcagni negotiated the transfer of real estate and related easements.

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 of the utility, finding that, even though the full output PPA provided only a single MWh price and referred only to energy sales, the utility purchased both the energy and capacity available from the hydro facility.

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.

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 the terms of its FERC hydro license by failing to maintain and repair the canals along the Merrimack River.Verrill successfully obtained a letter order from Commission Staff dismissing the complaint. After Complainants filed a request for rehearing, Verrill successfully opposed the request and obtained an order from the Commission denying in full the request for rehearing.

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.

Firm Highlights

News

82 Verrill Attorneys Recognized by Best Lawyers® 2024, Including 10 Named Lawyers of the Year

Publication/Podcast

Corporate Transparency Act regulations will go into effect soon and will affect almost all startup companies

On August 18, the Maine Venture Fund published an article by Verrill Partner Gregory Fryer, “Corporate Transparency Act regulations will go into effect soon and will affect almost all startup companies.” In the article...

News

Gratitude for Anya Endsley

Publication/Podcast

Five Recommended Practices for ERISA Retirement Plan Administrative Fiduciaries

Verrill’s Employee Benefits & Executive Compensation Group is often asked about “best practices” for benefit plan administration and whether we can provide any resources to help plan sponsors and fiduciaries improve compliance with the...

Event

Annual Update: The Legal Year in Review

More details coming soon!

Blog

Retiree Medical Coverage: Just Get the COBRA Waiver

The interaction between employer-provided retiree medical coverage and COBRA [1] is complex. Many employers incorrectly assume they do not have to offer COBRA at retirement if they offer a retiree medical plan or a...

Blog

How AI Can Alter Skill Contests

AI could very well be today’s “Modern Prometheus” in the world of skill contests. Earlier this year, the AI-generated photograph “The Electrician” was a finalist in the World Photograph Organization’s Sony World Photograph Awards...

Matter

Elections and Constitutional Law: Successfully Challenged Certification of Initiative Petition

In a victory for consumers and the ride-hailing public, the Massachusetts Supreme Judicial Court recently barred the Secretary of State from placing on the November ballot initiative petitions proposed by companies such as Uber...

Matter

Successful Representation of Insurer before U.S. District Court for the District of Maine

Verrill successfully represented an insurer before the U.S. District Court for the District of Maine in an insurance coverage matter alleging that the insurer improperly denied a defense and indemnification to a landlord under...

Event

Conducting Workplace Investigations

Join Verrill’s Erik Peters and Elizabeth Johnston on Wednesday, October 18, for Conducting Workplace Investigations. When and why should you open an investigation? Who is the best person to conduct it? Should you handle...

Contact Verrill at (855) 307 0700