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

Georgetown Broadband LLC Secures Utility Pole Attachment Authorization for Community Broadband Project

On February 17, 2023, Georgetown Broadband LLC (GBLLC) became the latest community broadband entity to receive pole attachment authorization from the Maine Public Utilities Commission (PUC) to deploy a fiber broadband network. GBLLC began...

Blog

Crisis emerges in Maine over safe disposal of biosolids from wastewater treatment plants

Maine wastewater treatment plants are currently facing intense challenges concerning disposal of their sewage sludge , also called “biosolids.” This is a fast-moving issue getting significant coverage in the media and substantial attention from...

Blog

Verrill Partner Mat Todaro selected to serve on the American Bar Association’s Section on Environment, Energy, and Resources 2022 Fall Conference Planning Committee

Earlier this year, Verrill Partner Mat Todaro was selected by American Bar Association leadership to serve on the 2022 Fall Conference Planning Committee for its Section on Environment, Energy, and Resources. In this role...

Blog

Maine PUC Asked to Fix “Leapfrogging” Problem Triggered by 2022 Changes to Maine’s Generator Interconnection Rule

The Maine Public Utilities Commission is currently considering whether to commence a formal emergency rulemaking process to amend Chapter 324 of its rules governing generator interconnections. The purpose of the rulemaking would be to...

Blog

Verrill's Jim Cohen To Speak on Past and Future of Maine’s Electric Grid at 2023 Winter Bar Conference

Verrill partner Jim Cohen will be presenting at the Maine State Bar Association’s Winter Bar Conference 2023, on Friday, January 27, in Portland. Cohen’s presentation, The Past and Future of Maine’s Electric Grid...

Blog

Maine PUC to Kick Off Review of Grid Plan to Assist Clean Energy Transition

Last month, the Maine Public Utilities Commission initiated a proceeding to identify the priorities to be addressed in an electric grid plan that will assist Maine in the “cost-effective transition to a clean, affordable...

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Carolyn Gilbert Nominated to Maine PUC

On March 28, Governor Janet Mills nominated Carolyn “Carrie” Gilbert to serve a six-year term on the Maine Public Utilities Commission. For the past 15 years, Gilbert has worked at Daymark Energy Advisors where...

Blog

PFAS Regulatory Update: Dates You Need to Know

Public Comment on the Federal Proposed Drinking Water Standards for Six PFAS Compounds On March 29, 2023, the U.S. Environmental Protection Agency (“EPA”), published in the Federal Register its proposed national drinking water standards...

Blog

U.S. Environmental Protection Agency Proposes National Drinking Water Standard for Six PFAS Compounds

On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced a proposed National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (“PFAS”). PFAS are a category of manufactured chemicals that...

Contact Verrill at (855) 307 0700