Practices | Energy Law

Regulatory Matters

The Energy law Practice Group (“EPG”) attorneys have represented numerous clients in proceedings before regulatory bodies, including the New England Power Pool, the Federal Energy Regulatory Commission (“FERC”), the Maine Department of Environmental Protection, the Maine Public Utilities Commission (as well as those of other states), the Finance Authority of Maine, the Land Use Regulation Commission, and the Board of State Tax Review. Examples of its expertise:

  • Representation of regional renewable power producers association before the New England Power Pool (“NEPOOL”).
  • Representation of fossil-fired generators before NEPOOL.
  • Repeated representation of municipalities in the tax valuation of major paper mills with significant energy production facilities.
  • Litigation at FERC on open access transmission utility tariffs, congestion management, and multi-settlements.
  • Representation of facilities seeking environmental permits for construction of power plants.
  • Representation of clients in utility rate cases, rate design proceedings, fuel clause adjustment proceedings, and special investigations and rulemakings.
  • Representation of clients to secure state-backed financing using industrial revenue bonds.
  • Lobbying efforts at the Maine legislature on issues impacting IPP owners. The EPG created the nation’s first statute designed to use state law to protect IPP contracts in a utility bankruptcy.

The EPG defended an IPP contract against claims by the purchasing utility that the contract should be abrogated by the Maine Public Utilities Commission due to changes in market prices. The EPG was successful in obtaining a ruling from the Maine PUC that IPP contracts are immune from state efforts at abrogation due to federal preemption.

The EPG has represented numerous clients on issues relating to electric utility restructuring. It appeared before the Maine PUC during year-long proceedings to develop a deregulation plan for the state, and appeared before the Maine legislature’s Energy and Natural Resources Committee as bills proposing restructuring were debated and eventually adopted.