Smith Legal LLC

(207) 480-1543

Public Utility and Energy Law

Ben has represented natural gas companies, electric, water, and other public utilities in regulatory matters and also advises energy providers, renewable energy developers, individuals, environmental and other non-profit entities, and manufacturers. Ben has in-depth, private and public sector experience specific to the industry that enables efficient and effective representation of entities in regulatory matters before federal, state, and local administrative entities. Smith Legal LLC appears on behalf of clients regularly before the Maine Public Utilities Commission and we also represent clients before state or federal trial or appellate courts. While a small firm, we keep apprised new legislative and policy changes and the cutting edge of technological advancements in order to provide the best possible representation to our clients and stay ahead of the curve.

We provide expert guidance for public utilities, energy generation providers, developers, businesses, and other entities on:

  • Affiliate interest transactions
  • Alternative and renewable energy credits and power purchase agreements
  • Due diligence associated with mergers and acquisitions
  • Energy efficiency and energy conservation
  • Financing approval for public utilities
  • Interconnection agreements
  • Metering policies
  • Pole Attachment Licensing and Pole Attachment Agreements Between Facility Owners
  • Power Purchase Agreements
  • Service franchise issues and expansion of utility services
  • Rate setting and rate design
  • Reliability and service quality related issues
  • Reorganization, mergers, acquisitions, and restructuring of public utilities and their affiliates
  • Significant agreements for energy and capacity requiring certificates for public convenience and necessity
  • Telecommunications law
  • Transmission line planning, permitting, and approval, including certificates for public convenience and necessity
  • Transmission service agreements
  • Water withdrawal and watershed protection issues
  • Wind and renewable energy development agreements, including land lease agreements and associated easements and other agreements between generation developers and private land owners

A few representative public utility and regulatory matters for which Ben has been involved both in the private and public sectors include the following:

  • Represented a small consumer-owned electric utility in challenging a transmission and distribution utility’s petition for a reorganization involving two affiliate generators before the Maine Public Utilities Commission. The matter was appealed twice to the Maine Supreme Judicial Court (also known as the Law Court). Both appeals vacated the Commission’s order. The second appeal, in which Ben represented the lead Appellee, resulted in a decision from the Law Court that directed the Commission to vacate its prior decision granting reorganization approval, and the transmission and distribution utility subsequently divested of its ownership/interest in both generation affiliates. Houlton Water Company et al., v. Maine Public Utilities Commission, et al., 2016 ME 168.
  • Successfully challenged a proposed transmission line (and other competing proposals) that would have resulted in significant transmission increases to ratepayers. The Commission declined to grant a certificate of public convenience and necessity for the project applicant and also found that projects proposed by other intervenors were also not necessary for reliability or other purposes.
  • Successfully petitioned and obtained state and federal authority for an unprecedented international power line, related capacity agreement, and interconnection facilities agreement that included terms of financing the project by a consumer-owned utility. As a result of the approval, the utility will cease receiving firm transmission services from the current transmission and distribution utility and instead will obtain network transmission services on a more cost effective basis from a transmission provider located in a foreign jurisdiction. The new arrangement is expected to save customers millions.
  • Represented a natural gas local distribution company (LDC) in proceedings before the Commission regarding state-sponsored procurement of natural gas capacity and liquified natural gas facilities for the purpose of lowering electricity prices through increased availability of natural gas on the regional pipeline system.
  • Represented a natural gas LDC in a matter involving a large industrial customer’s breach of a natural gas service agreement, defeating attempts to dismiss the cause of action and obtaining a favorable outcome.
  • Represented of a local natural gas utility in obtaining MPUC approval of several long-term contracts for firm upstream transportation capacity, which are expected to significantly increase reliability of supply and generate annual cost of gas savings for customers.
  • Represented a non-profit corporation and intervenor in a proceeding before the Commission, as well as the Maine Land Use Planning Commission and Department of Environmental Protection, relating to a petition by Central Maine Power Company for a certificate of public convenience and necessity for a 200+ mile HVDC transmission line and associated AC upgrades known as the New England Clean Energy Connect Project (NECEC).