Energy

Pierce Atwood's energy attorneys appreciate the importance of energy to successful businesses and strive to help our clients, from utilities to end use customers, reach their energy goals, whether it be navigating and complying with federal and state regulations, managing the cost of energy supplies, hedging energy market risks, developing and permitting clean energy resources, or expanding transmission and pipeline infrastructure to meet regional reliability needs.

We represent private and public entities in the energy sector from Maine to California and from Bulgaria to Saudi Arabia. In the U.S., our clients include regulated electric utilities, gas utilities, pipelines, state governments and regulators, producers, buyers and sellers of electricity and natural gas, hydropower facilities, independent power developers and energy marketers in virtually all aspects of utility regulation, energy project development, energy procurement, mergers and acquisitions, risk management and smart grid implementation.



Electricity Rate Case Success

In this complex, highly publicized regulatory proceeding, our team achieved a settlement for Central Maine Power Company that will translate into more reliable service and fairer and more stable rates for CMP’s customers.

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PURPA Mandatory Purchase Relief

We successfully sought relief for Unitil Energy Systems from the Public Utility Regulatory Policy Act (PURPA) mandatory purchase obligation requiring utilities to purchase power from Qualifying Facilities.

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Calpine Acquires Fore River Generating Station for $530 Million

Firm client Calpine Corporation has acquired the North Weymouth, Mass. Fore River Generating Station from Exelon Corporation for $530 million. This acquisition further extends Calpine’s New England presence.

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Kazakhstan Transition to a Green Economy

We recently delivered a new Green Economy Law to the Ministry of Economy and Budget Planning in Kazakhstan.

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Expanding Access to Clean Energy in Maine

We partnered with Xpress Natural Gas (XNG) to expand access to compressed natural gas throughout the State of Maine.

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Over-collections Repaid

Thanks to a great oral argument and briefing, the United States Court of Appeals for the DC Circuit vacated FERC’s decision to withhold over-collections payments from our clients.

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SUCCESS

Fox Island Winds, LLC

Representation in the development of an innovative initiative which included the receipt of federal production tax credits.

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Areas of Expertise

Electricity

Central Maine Power Company

Maine Yankee Atomic Power Company

NextEra

PG&E Corporation

California Department of Water Resources/Energy Resources Scheduling Division

NTE Fitchburg Gas and Electric Light Co.

Harvest Power, Inc.

Pierce Atwood attorneys have comprehensive expertise in all aspects of electricity regulation at both the state and federal levels.  We have represented transmission and distribution utilities, generators, large electricity consumers, and state agencies in state proceedings and before the Federal Energy Regulatory Commission on matters such as rates (traditional cost of service and alternative performance-based), merger approvals, stranded costs, regulatory compliance, transmission siting, environmental and safety requirements, RTO participation, rulemakings, and complaint proceedings.
Energy Litigation

Maine Yankee Atomic Power Company

Central Maine Power Company

California Department of Water Resources/CERS

Bringing together its general expertise in complex litigation and appellate practice and its specific expertise in state and federal energy law and regulation, Pierce Atwood for many years has been a "go to" firm for litigating energy-related matters in federal and state courts and before regulatory agencies. In particular, because of its long and successful history representing public utilities and other energy-related entities, Pierce Atwood attorneys in recent years have been lead litigation counsel in a series of multi-million dollar energy related lawsuits, involving:

  • Power purchase agreement disputes and rate challenges
  • Ownership and contract disputes
  • Transmission siting
  • Bankruptcy contract rejections and filed-rate doctrine disputes
  • Nuclear decommissioning and spent fuel storage issues
  • State and local tax matters

This experience has culminated in the firm successfully representing the State of California in three multi-billion dollar proceedings before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second and Ninth Circuits, the U.S. District Court for the Southern District of New York and the Federal Energy Regulatory Commission, as well as three nuclear power plants seeking recovery of over $200 million from the DOE in the Federal Court of Claims.

International

We advise governmental bodies and multilateral lending institutions throughout Africa, Asia, the Middle East, Eastern and Central Europe, the Commonwealth of Independent States and South America on energy and energy related matters, including the establishment of sustainable legal and institutional frameworks; drafting and negotiating power purchase and transmission agreements; regulatory and market development; power markets design and organization; cross-border trading in electricity; tariff and pricing methodology; competition; and privatization assistance.

Natural Gas

Unitil

Enbridge, Inc.

Independent Oil & Gas Association of West Virginia

Macquarie Energy

Maine Natural Gas Corp.

Downeast LNG

Whiting Oil & Gas

If the watchword of the 1990s was natural gas "from Austin to Boston," the catchphrase for the next millennium must be "Canonsburg, Pennsylvania to the world." Pierce Atwood's natural gas practice helps natural gas traders, marketers, producers, pipelines, local distribution companies (LDCs), end-users and LNG developers take full advantage of the vast promise of the Marcellus shale. We provide comprehensive and practical advice to help our clients manage regulatory and public policy risk as well as develop effective strategies for success in the competitive aspects of the gas industry.

Federal Issues (FERC, DOE, and CFTC)

  • Rates and tariffs
  • Transportation and capacity release requirements
  • Enforcement investigations, self-reports, no-action letters, Hot-Line complaints
  • Compliance training and manuals
  • Certificates and abandonment
  • Reporting requirements
  • Hinshaw and intrastate pipelines
  • Gathering and processing
  • Import and export authorizations
  • Clearing and exchange-trading regulations and exemptions

 

State Issues

  • Rates and tariffs
  • Facilities siting, safety and environmental impact
  • Cast iron pipeline replacement
  • New distribution projects
  • Jurisdictional determinations
  • Fuel supply
  • Government relations

 

Transactional Matters

  • Purchase and sale agreements – NAESB and ISDA
  • Hedging plans and agreements
  • Transportation and storage agreements
  • Interconnection agreements
Renewable Energy

Ocean Renewable Power Company

Aroostook Wind Energy Project

Southwest Windpower

Fox Islands Wind, LLC

Primary Power International

Boralex Industries, Inc.

Pierce Atwood's renewable energy lawyers bring together a deeply experienced team with expertise in all aspects of renewable energy project development. Whether the renewable source is wind, hydro, tidal, solar, biomass, biogas or geothermal, our lawyers have the experience to assist you with every aspect of the project. 

 

We excel in the core areas that make or break a renewable energy project, including innovative project finance, obtaining necessary federal, state, and local environmental permits, maximizing tax incentives and renewable energy credits, protecting intellectual property and other assets, obtaining transmission access to bring the power to market or to direct purchasers, and creating a favorable policy environment.

 

Pierce Atwood is deeply involved with policy formation and development supporting and enhancing the success of renewable energy development.  For example:

  • We represented Linekin Bay in the development and implementation of Geographic Information Systems used for renewable production verification and the legislative issues of concern.
  • We represented Maine's largest papermaker in sustainable forest policy development and sustainable forestry certification policy development.

  • We represented Casco Bay Energy and Maine's largest papermaker to assess impacts and develop comments during development of Department of Environmental Protection's RGGI program and legislation.

  • We represent a large national trade association which is active on policy formation surrounding alternative fuels and biofuels laws and regulations.