Experience

Acquisition Approval

We represented Public Service Company of New Hampshire (PSNH) in a Maine PUC proceeding in which PSNH sought approval for its parent company, Eversource, to acquire a Connecticut water utility, Aquarion Water Company.

Acquisition Approval

Verrill represented a Connecticut utility in addressing the need for certain regulatory approvals for its acquisition by a large international energy company.

Acquisition of Paper Mill

Verrill represented an energy developer in its proposed acquisition of the real estate and electric generation assets of a former paper mill. We provided advice on federal and state regulatory laws affecting the client's acquisition and proposed operations, including maintaining Qualifying Facility status and avoiding public utility status at both the state and federal levels.

Energy: Acquisition of LDC

Verrill assisted with an investment fund with due diligence in regard to potential acquisition of a local gas distribution company. The scope of work included analysis of state regulatory environment for gas utilities and the process for seeking regulatory approval of the potential acquisition.

Shareholder Class Action

Verrill participated in drafting the merger agreement and securing regulatory approval from the Maine PUC when Emera acquired Maine Public Service Company. We defended Maine Public in a shareholder class action suit in U.S. District Court resulting from the proposed merger.

T&D Utility Ownership Of Generation

We represented Emera in a lengthy case addressing the extent to which the Maine Restructuring Act prevents affiliates of a Maine T&D utility from acquiring ownership of generation facilities. In 2011, Emera sought approval of two acquisitions: (1) 25% ownership of Algonquin Power & Utilities Corp. and (2) a joint venture with First Wind to develop new wind projects in the Northeast. Represented Emera in extensive litigation before the Maine PUC and Maine Supreme Judicial Court both before and after Emera closed the transactions.

Change of Control of Emera Maine

Verrill represented Emera Maine, and its affiliates Chester SVC Partnership and Maine Electric Power Company (the “Utilities”), before the Maine PUC with respect to the Utilities’ request for Commission approval of the change of control of Emera Maine resulting from ENMAX Corporation’s (an Alberta, Canada utility) proposed acquisition of Emera Maine. The case involved many parties, with diverse interests; voluminous discovery; and application of a new “net benefits” legal standard to the Commission’s decision.

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 Partner Mathew Todaro Presents at The National Safety Council (NSC) of Northern New England’s 51st Annual New Hampshire Safety & Health Conference

The National Safety Council (NSC) of Northern New England recently held its 51 st Annual New Hampshire Safety & Health Conference in Nashua. The two-day conference began on June 7 th and featured keynote...

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NextEra Subsidiary Fined $8 Million under MBTA for Eagle Deaths at Wind Power Projects in Western U.S.

The U.S. Department of Justice announced that ESI Energy LLC (ESI), a wholly owned subsidiary of Nextera Energy Resources LLC, pleaded guilty to violating the Migratory Bird Treaty Act (MBTA) and acknowledged at least...

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Maine PUC Releases Report on Evolution of Electrical Grid to Meet Climate Goals

On December 1, 2021, the Maine PUC released a Report on the first phase of its investigation into necessary design and operational changes to the electrical distribution grid to facilitate the State’s clean energy...

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Verrill Alum Bill Harwood Sworn in as Public Advocate for State of Maine

On January 26, 2022, Maine Governor Janet Mills swore in Bill Harwood as Public Advocate for the State of Maine. Bill was unanimously confirmed by the Maine State Senate and the Legislature’s Joint Standing...

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Intertidal Court Victory for Property Rights, Marine Conservation, and Public Participation

The Maine Superior Court has dismissed all claims against five intertidal landowners represented by Verrill in Masucci v. Judy’s Moody, LLC . The landowners had been sued because they contacted Maine Marine Patrol to...

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Verrill Alumni Bill Harwood Nominated as Public Advocate for the State of Maine

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Maine Rural Water Association Annual Conference with Verrill Attorney Mathew J. Todaro

Verrill Attorney Mathew J. Todaro, along with two others, will be presenting at the Maine Rural Water Association’s 41 st Annual Conference and Trade Show. Their presentation, “PFAS and Practicality Regulatory Updates with a...

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Maine Public Utilities Commission to Receive Bids for Northern Maine Transmission and Renewable Generation Projects

On or before May 2, 2022, the Maine Public Utilities Commission has requested bids for proposed transmission and generation resources that would boost energy exports from northern Maine. The northern Maine region has long...

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Four Verrill Attorneys Recognized by Chambers & Partners for Energy and Environmental Law in Maine

Verrill attorneys Juliet T. Browne, James I. Cohen, Gordon R. Smith, and Mathew J. Todaro were recently recognized for energy and environmental law in Maine in the 2022 Chambers & Partners Guide . Chambers...

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Kelsey McCutcheon Selected to Join the Environmental Law Institute’s (ELI) Emerging Leaders Initiative

Verrill associate Kelsey McCutcheon has been selected to join the Environmental Law Institute’s (ELI) Emerging Leaders Initiative. The Environmental Law Institute is a non-profit, non-partisan organization, that seeks to "make law work for people...

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