Emera Ownership of Generation

The Group has represented Emera in a lengthy case addressing the extent to which the Maine Restructuring Act prevents affiliates of Emera Maine, a Maine T&D utility, from owning generation facilities. In its original 2012 decision the PUC approved Emera Energy acquiring 25% ownership of Algonquin Power & Utilities Corp. (APUC), despite APUC’s ownership of several small generators in Northern Maine; and, also, approved Emera Energy entering in to a joint venture with First Wind to jointly develop new wind projects in the Northeast. The PUC reasoned that because Emera Maine did not have control over the affiliated generation, there was no violation of the Act. On appeal, the Court ruled that “control” was not the correct test and remanded the case back to the PUC for a determination as to whether either transaction created an incentive for Emera Maine to favor the affiliated generator in violation of the Restructuring Act. Ultimately, after further litigation before the PUC and appellate court, Emera decided to unwind both the APUC and First Wind transactions.