Meet Ben Smith

Ben has more than 20 years of experience in the areas of public utility and regulatory law, administrative law, municipal law, governmental affairs, and general and appellate litigation.

Ben graduated cum laude from the University of Maine at Orono in 2000 and earned his law degree from the University of Maine School of Law in 2004.

Ben began his practice in 2004 at a small law firm in Augusta where he handled all types of general litigation. Ben appeared regularly in Maine’s state and federal courts and before state and regulatory administrative bodies. left private practice in 2008 to join the Maine Public Utilities Commission, where he served as a staff attorney and hearing examiner.  At the Commission, Ben handled nearly every type of regulatory proceeding affecting public utilities and other regulated entities ranging from approvals of utility mergers and acquisitions, ratemaking proceedings, certificate of public convenience and necessity (CPCN) petitions, management audits and other investigations. He also represented the Commission in appeals before the Maine Supreme Judicial Court. He also represented the Commission in various matters before the Federal Energy Regulatory Commission (FERC).

In 2014, Ben re-entered private practice, where he has continued to represent developers and public utilities before the Commission in various matters, including, affiliate transactions, mergers and reorganizations, rate proceedings, including natural gas cost of gas and capacity recovery, rulemakings, CPCN proceedings, management audits and other investigations. Ben also advises entities with regulatory matters involving the Commission’s jurisdiction over telecommunications carriers, including, providers of wireless and data services. Ben also represents private developers in municipal land use and other permitting matters before state regulators including the Maine Department of Environmental Protection (MDEP).As part of his utility and energy practice, Ben negotiates energy agreements, including, power purchase agreements, offtake agreements, net energy billing agreements, option agreements, ground leases, electricity supply agreements, natural gas transportation and capacity agreements, and NAESB contracts for purchase and sale of natural gas.

Ben also serves as litigation counsel for developers in declaratory judgment actions, breach of contracts, real estate and property disputes, and land use/permitting matters, Rule 80B and 80C appeals, and appeals to the Maine Supreme Judicial Court.

Ben has negotiated firm gas transportation agreements and natural gas supply agreements.  Ben has also represented buyers and sellers of energy in wholesale and retail transactions, including long-term contracts designed to promote renewable energy and reduce greenhouse gas and carbon emissions.

Ben lives in Chelsea, Maine, where he is active in his community and has served on the town’s board of selectmen, board of assessors, planning board, and board of appeals.

Ben received his J.D. from the University of Maine School of Law and his B.A., cum laude, from the University of Maine. He is admitted to practice in the state courts of Maine, the U.S. District Court for the District of Maine, the U.S. Court of Appeals for the First Circuit and the U.S. Court of Appeals for the D.C. Circuit.

In his leisure time, Ben enjoys carpentry, building, maintaining antique vehicles, hunting, fishing, hiking, other outdoor activities, and most of all, spending time with his daughter. He is also a Registered Maine Guide in the areas of hunting, fishing and wilderness recreation and a licensed private pilot.

Reported Cases:

Activities:

• Board of Selectmen and Board of Assessors, Town of Chelsea, Maine (2011 – 2020)
• Volunteer Youth basketball coach, Kennebec Valley YMCA (2004-2008)