Public Utility and Energy Law

While a small firm, Smith Legal keeps apprised of legislative and policy changes on a real time basis and the cutting edge of technological advancements in order to provide the best possible representation to our clients and stay ahead of the curve.

Given his prior work as a hearing examiner and attorney for the Maine Public Utilities Commission and work in the private sector, Ben has handled virtually every type of regulatory matter that comes before the Commission, giving his clients unparalleled insight into the regulatory process.

Ben provides expert guidance for public utilities, energy suppliers, developers, businesses, and other entities on a variety of matters, including:

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

• Negotiated and obtained approval by the Commission for a special contract in a unique arrangement involving a consumer-owned utility, a hydro-electric generator, and a nearby private developer whereby the utility would provide delivery services to the developer using its facilities when hydro-electric generation was available to the developer while offering default standard offer service when generation was insufficient to meet the developer’s needs.
• Assisted developer of a state-of-the-art battery energy storage system (BESS) in obtaining an agreed-upon resolution supported by the Commission and various stipulating parties that a portion of a BESS project consisting of a line interconnecting the BESS to the adjacent transmission and distribution utility was not jurisdictional and required no CPCN approval. Outcome resolves the fundamental question of whether, given the circumstances of the project, BESS was the functional equivalent of generation because the interconnection line at issue was the functional equivalent of generation interconnection transmission facility.
• Negotiated and successfully obtained approval by the Commission for a large special rate contract between a natural gas utility and a generator. The proceeding, which involved third parties including the Maine Office of the Public Advocate, was ultimately appealed to the Maine Supreme Judicial Court, which upheld the Commission’s findings and found that the natural gas utility’s contract was reasonable.
• Negotiated precedent agreements for upstream capacity with various interstate pipeline companies and obtained pre-approval by the Commission for the natural gas utility’s recovery associated with such capacity as part of its cost of gas.
• Successfully represented a consumer-owned electric utility in challenging a transmission and distribution utility’s petition for a reorganization involving two affiliate generators before the Commission. The matter was appealed twice to the Maine Supreme Judicial Court. In both appeals the Court 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 is able to obtain network transmission services on a more competitive basis, saving its ratepayers millions of dollars in avoided transmission costs.
• Represented a natural gas utility 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 utility 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 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 transmission and distribution utility’s petition for a HVDC transmission line and interconnection with Hydro Quebec.