Energy

Overview

Pierce Atwood's Energy Practice Group is a team of seasoned and knowledgeable attorneys who have extensive experience in virtually all aspects of utility regulation, the purchase and sale of power plants, the buying and selling of power and energy project development. The firm represents regulated electric utilities; gas utilities; buyers and sellers of energy; hydropower facilities; independent power plant owners and developers; renewable energy, greenhouse gas and carbon reduction projects, and regulators. The Energy Practice Group has developed a reputation, regionally, nationally and internationally, for its expertise on issues that routinely face utilities, project developers, lenders and investors. Our growing international practice assists clients with transactions throughout the world, from North America to South America, Asia, Africa, and Europe.

Regulatory: attorneys in the group regularly appear before various state utility commissions and the Federal Energy Regulatory Commission on issues including mergers and acquisitions, utility asset transactions, traditional utility rate cases, stranded costs, incentive- and performance-based regulation, rate design, fuel cost adjustments, prudency investigations, industry restructuring and reform, deregulation, municipalization and franchise territories.
Litigation: client advocacy before various state and federal trial and appellate courts throughout the nation in cases involving power purchase contract disputes, bankruptcy, contract termination, complex constitutional issues associated with regulated entities; AAA arbitration.
Commercial: utility mergers, contract negotiation and restructuring, asset purchases and sales, bankruptcies, competition, transmission and wholesale power transactions, power pooling arrangements, and project development and financing.
International: utility restructuring and privatization, regulatory reform policies, sustainable development and renewable resources; greenfield private investment projects; public-private partnerships; infrastructure development. Languages spoken and written by our attorneys include German, French, Spanish, and Swedish. Learn more about our International practice.

Experience

$140 Million Acquisition of Two Paper Mills

Represented Brascan Corporation/Great Lakes Hydro America (publicly traded real estate and power generation company headquartered in Toronto, Canada) in acquisition of two paper mills in Millinocket and East Millinocket, Maine out of bankruptcy from Great Northern Paper for $140 million (2003).

$7.8 Billion Sale of Major Northeast Utility

Represented Energy East in regulatory proceedings seeking approval of its merger with Iberdrola, SA, a Spanish corporation. See 263 PUR 4^th 271 (Me. P.U.C. 2008).

Acquisition of Interest in Nuclear Power Plant

Co-counsel to FPL Energy (Fortune 500 energy generation company) in acquisition of 88% interest in Seabrook Nuclear Power Plant in Seabrook, New Hampshire for a total of $836.6 million.

California Electricity Oversight Board v. Sellers of Energy (FERC Litigation)

Lead counsel for California regulatory agencies in challenges before the Federal Energy Regulatory Commission, the Ninth Circuit and the U.S. Supreme Court seeking modification of 24 long-term electricity contracts totaling $43 billion entered into during 2001 California energy crisis.

Central Maine Power Company

Lead, outside counsel for Central Maine Power Company, Maine's largest electric utility.

For many years, Pierce Atwood has been CMP's primary provider of outside legal services on virtually all issues facing a vertically integrated electric utility that divested its generating assets and then merged with a superregional energy company. The issues where we have represented CMP include:

the $856 million sale of its generating assets;
its $1 billion merger with Energy East;
the unbundling of its generation, transmission and distribution rates to accommodate retail access;
its seven year performance-based regulation plan that permits inflation-based price increases;
proceedings that resulted in the Company's full recovery of its stranded costs;
traditional ratemaking matters such as cost of service rates, fuel clause cases, rate design and prudence investigation; and
efforts to obtain state regulatory approval for a $1.5 billion transmission system upgrade; and
state public utilities commission review of CMP's continued participation in ISO New England.

In addition to these regulatory matters, the firm has routinely represented CMP in other areas including:

power purchase agreements;
financing;
employee benefits and human resources;
environmental compliance;
complex real estate; and
general litigation.

Counsel for California Dept. of Water Resources in Calpine Corp. Chapter 11 Case (Bankr. S.D.N.Y.)

Successfully represented California State agencies opposing efforts by Calpine Corp. to reject a large wholesale power purchase agreement as part of Calpine’s bankruptcy. See 337 BR 27 (S.D.N.Y. 2006).

Maine Natural Gas Corporation

Lead counsel before Maine Public Utilities Commission on initial approval of service territory and all subsequent rate cases for growing local distribution company.

Maine Yankee Atomic Power Company

Outside general counsel for state's only nuclear power plant (currently decommissioning) during the life of the facility on issues including power purchase agreements, tariffs, potential sale of assets, FERC rate cases and state regulation, decommissioning finance, corporate and shareholder issues, low level waste storage, ownership change and major contract litigation.

Public Utilities Providing Service in California Under Seller

Lead counsel representing California agency interests in litigation before the Federal Energy Regulatory Commission concerning the impact of the proposed implementation of locational marginal pricing in California's electricity markets on certain so-called "seller's choice" energy purchase and sale agreements.

Representation of California Department of Water Resources

Lead counsel in successful contract renegotiations of eighteen of the twenty-two California long-term contracts at issue in California Oversight Board v. Sellers of Long-term Contracts, 105 FERC ¶ 61,182.

USAID Projects and World Bank Projects

For nearly a decade, primary contractor and legal consultant to USAID in multi-year regulatory reform and energy sector restructuring project in Central and Eastern Europe, providing assistance with design and implementation of capacity-building measures and initiatives enabling greater independence and the transfer of authority from the government, preparing assessments of regulatory and institutional environments; drafting of laws and facilitating their approval; fostering transparent and competitive markets; and marshaling anticorruption initiatives.

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6/11/2010 - Pierce Atwood Receives Highest Rank in All Six Practice Areas from ... (Maine Ahead)

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In the News

6/11/2010 - Pierce Atwood Receives Highest Rank in All Six Practice Areas from ... (Maine Ahead)

results

depth

reach

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6.23.2010	FERC Proposes New Rule on Transmission Planning and Cost Allocation
5.5.2010	FERC Proposes to Lift Capacity Price Cap
3.19.2010	FERC Clarifies Scope Of Access To Resource-Specific Data In Regional Transmission Planning Processes
1.15.2010	The Supreme Court Ratchets Up The Mobile-Sierra Test: It Now Applies No Matter Who Complains
10.30.2009	First Circuit Upholds FERC Preemption of State LNG Siting Authority
9.25.2009	Connecticut v. AEP: Without Comprehensive Regulation, Greenhouse Gasses Subject to Tort Claims
9.22.2009	FERC Proposes New Measurement and Verification Standards for Demand Response
9.18.2009	FERC Issues Notice of Proposed Rulemaking to Extend Reporting Requirements for Certain Non-Power Services to Natural Gas Companies
7.20.2009	FERC Proposes New Contract Reporting Requirements for Certain Natural Gas Pipelines
7.1.2009	Maine Commission Finds Utilities’ Continued Participation in ISO-NE Best Option for Ratepayers
6.12.2009	"An Act Regarding Maine's Energy Future" is Law
4.8.2009	FERC Seeks to Retain Strong Transmission Siting Authority
4.6.2009	Maine Commission Amends Standard Offer Rules
12.17.2008	Maine PUC Proposes to Amend Standard Offer Rule Regarding Consumer-owned Utilities
11.26.2008	Maine PUC Adopts Rule Setting Procedures for Designation and Use of Energy Corridors
11.3.2008	FERC Finalizes Rule to Improve Organized Wholesale Markets
9.29.2008	FERC Issues Series of Final Rules, Orders
9.16.2008	Maine PUC Proposes Standards and Procedures for Designating Energy Infrastructure Corridors
6.26.2008	Supreme Court Affirms Application of Mobile-Sierra Doctrine to Market-Based Wholesale Power Contracts
5.19.2008	Enforcement of FERC Regulations Clarified
5.8.2008	FERC Finalizes Rules for Market-Based Power Sales
5.1.2008	Comments Due on FERC Rulemaking to Modify Standards of Conduct
4.25.2008	Maine PUC Invites Views on Small Renewables Grid Connections
3.28.2008	FERC Acts to Strengthen Cross-Subsidization Rules
3.21.2008	FERC Proposes Rules to Strengthen Competition in Organized Power Markets
3.10.2008	FERC Issues Rule on Standards to Protect Against Cyber Attacks, Proposes Changes in Reporting Forms for Electric Utilities

Energy

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