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DISCLAIMER: This blog is published for general information only - it is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. U.S. Treasury Regulations require us to notify you that any tax-related material in this blog (including links and attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding tax penalties, and may not be referred to in any marketing or promotional materials.  While we welcome you to contact our authors, the submission of a comment or question does not create an attorney-client relationship between the Firm and you.

Monday
Sep272010

Maine's Dig Safe Law to Be Amended

The Maine Public Utilities Commission has issued a Notice of Rulemaking (link will open Word) describing proposed changes to its “Underground Facility Damage Prevention Requirements” or “Dig Safe” Rule, Chapter 895. 

The Dig Safe Rule is intended to ensure safe excavation of land and to prevent damage to underground utility facilities such as gas lines, water lines, telecommunications equipment and electric equipment.  Owners of such facilities must locate and mark their underground facilities and any person planning to excavate land must make proper notifications to facility operators or utilities.  Violations of Dig Safe laws and rules must be reported to the MPUC.  The MPUC then investigates alleged violations and determines whether to penalize violators.

Among the changes proposed to the Dig Safe Rule are amendments to the definitions of several terms, changes to the pre-marking responsibilities of people excavating land, changes to the notification process, and decreased reporting time for suspected violations.

The proposed amendments to Chapter 895 may be found here (link will open Word document).  A public hearing will be held on October 26, 2010 at 1:30 p.m. at the MPUC.  The MPUC requests that comments be filed by October 20, 2010.

Friday
Sep242010

Energy News Roundup: September 18-September 24

This week in regional energy news …

Tuesday
Sep212010

First of Its Kind, Marine Energy Center to Be Established in Washington County

The U.S. Department of Commerce’s Economic Development Administration has awarded a $1.4 million grant to establish a marine energy center in Washington County.  The funding will be used to help rehabilitate and transform the Eastport Business Center into the Maine Marine Energy Center.

The center will be used by private companies to manufacture components of ocean energy systems.   The project is estimated to create 75 jobs.  The center was proposed by Ocean Renewable Power Co. and will be the first of its kind in the United States.  Maine Congressman Michael Michaud announced the grant on September 20, 2010.

Friday
Sep172010

Energy News Roundup: September 11-September 17

This week in regional energy news …

Thursday
Sep162010

FERC Announces Modifications to Penalty Guidelines

The Federal Energy Regulatory Commission announced today that it has modified its Penalty Guidelines.  The Penalty Guidelines apply to civil penalties that FERC assesses for violations of the Federal Power Act or FERC’s regulations or requirements. 

The modifications include, among other things:

  • False or misleading statements are violations only if the acts were intentional or in reckless disregard for the truth. 
  • Organizations that have effective, but not completely compliant, compliance programs may be given partial compliance credit. 
  • Mitigation credits for self-reports, cooperation, avoidance of evidentiary hearings, and acceptance of responsibility have been unbundled.

Read the FERC’s press release here.  FERC Chairman Wellinghoff and Commissioner Spitzer weighed in on the changes.

Friday
Sep102010

Energy News Roundup: September 4-September 10

This week in regional energy news …

  • The Maine Public Utilities Commission has approved a five-year contract for energy supply to Verso Paper in Bucksport.  The mill is converting to a biomass boiler, and the additional capacity will support that switch.
  • Ocean Renewable Power Co. continues to make good news on its tidal turbine in Eastport, Maine: the Department of Energy is giving the Portland, Maine, company $10 million to advance its tidal generation technology on a commercial scale.  Earlier this week, ORPC announced that the turbine would be moved this month to benefit local fishermen.
  • In Canada, Atlantic Resources Corp. has plans to install the world’s largest tidal turbine off of Nova Scotia, in the Bay of Fundy, sometime in 2011.
  • Public hearings on Cape Wind are under way at the Massachusetts Department of Public Utilities.  Regulators must determine whether electricity generated from Cape Wind and sold by National Grid will benefit ratepayers.
  • First Wind met with commissioners from Piscataquis County, Maine, regarding a proposed 33- to 35-turbine wind development there.
  • The Maine Public Utilities Commission is investigating the need for a smart grid operator.  The MPUC is looking into whether it’s in the public interest to have one or more smart grid coordinators in Maine.
  • It’s official: David Littell was sworn in as the newest Maine PUC commissioner on Wednesday.  On the same day, Beth Nagusky was sworn in as acting DEP commissioner to replace Littell.
Thursday
Sep092010

Maine Public Utilities Commission Investigates Need for Smart Grid Operator

In response to Maine legislation enacted last spring, the Smart Grid Policy Act and the MPUC Order approving CMP’s Maine Power Reliability Program (“MPRP”) the MPUC has initiated a formal investigation to determine whether it is in the public interest to have one or more smart grid coordinators in Maine to help achieve the policy objectives set forth in the Smart Grid Policy Act.  Under the Act, the smart grid coordinator will manage access to smart grid functions and associated infrastructure, technology and applications.  The Order approving MPRP provides for two smart grid pilot projects to be set up as non-transmission alternatives and administered by a smart grid coordinator.  The MPUC investigation will define “smart grid” technologies, systems and functions; the potential role of a smart grid coordinator in furthering the reliability, efficiency and environmental policies embodied in the Smart Grid Policy Act; and the overall costs and benefits to ratepayers.