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Updated: May 27, 2021

PUC nominee keen to make Maine energy regulator more transparent, help clean-power transition

Patrick Scully, at the office of Bernstein Shur, in Portland. File photo / Renee Cordes Patrick Scully, the former CEO of Bernstein Shur, has been nominated to serve on Maine's Public Utilities Commission.

Patrick Scully, former CEO of Portland law firm Bernstein Shur and current nominee to serve on the Maine Public Utilities Commission, aims to bring greater transparency to the state's energy regulator if he is confirmed by lawmakers.

"Transparency is one of the challenges for the Commission," he said of the the three-member, Hallowell-based agency, in a Wednesday phone interview. 

He added that while there is already some transparency in the form of public documents and public hearings, the technically complicated nature of the issues makes it difficult for the average person to participate, saying,  "I would like to make it even more transparent.” 

He added, "It can feel sometimes a little bit like an insider's club. You've got to know the language to play. There are documents available" and public hearings, "but there's always work to be done to make sure it's accessible."

Scully was nominated Monday by Gov. Janet Mills, who praised his 36-year record at Maine's largest law firm in municipal, energy and utility regulations, with significant experience in the state's burgeoning renewable energy sector.

“Patrick Scully is among Maine’s most knowledgeable energy and utilities attorneys,” Mills said. “His perspective and depth of experience will be a valuable asset to the Maine Public Utilities Commission as it pursues its mission to ensure the delivery of safe, reliable, and affordable utilities services to the people of Maine.”

Never intended to 'flat-out retire'

Scully, 64, joined Bernstein Shur in 1984, was named CEO of the firm in January 2014, and retired at the end of 2019. He told Mainebiz this week that it was never his intention to "flat-out retire." 

Now living in Naples with his wife, Tory Ryden, Scully ran as an Independent for the Maine House of Representatives District 68 and lost in the general election to Republican incumbent Richard Cebra.

When the opportunity at the PUC arose, Scully said he put his name in and was "frankly a little surprised" to get the nomination.

"It's an interesting process," he said. "You don't really know who the other candidates are and how people stack up, and what other factors may affect the decision. I didn't assume anything, but I do have a very long practice experience before the PUC, so I thought at least I had the qualifications on paper."

Scully's nomination is subject to review by the Legislature's Joint Standing Committee on Energy, Utilities and Technology, with a hearing scheduled for June 4, and final confirmation by the Maine State Senate. If confirmed, Scully would replace R. Bruce Williamson, whose term ended in March.

Scully said that because he backed away from energy work when he became CEO of Bernstein Shur. He does not anticipate having to recuse himself from any cases involving his former law firm.

"That should not require recusal unless it's a matter that I was involved with, which is very unlikely at this point," he said.

Ahead of next week’s confirmation hearing, Scully said he’s brushing up on energy regulation and the PUC's docket before his confirmation.

He also noted that commissioners wear two hats in terms of adjudicating cases in combination with "a lot of different  things not judicial in nature."

That includes appearing before state lawmakers in Augusta and, more generally, representing Maine in the regional and national utility and energy worlds.

If confirmed, Scully said he looks forward to playing a role in helping Maine businesses and residents move away from oil and gas and towards more renewable energy.

"The grid is going to have to be built to support all of that, so it's going to be a very fascinating and important transition that we go through," he said. "To be a part of that is going to be really interesting and compelling."

The Maine Public Utilities Commission, which regulates electric, natural gas, water and telecommunications utilities, is made up of three full-time commissioners who serve staggered six-year terms.

Scully is Mills’ second nomination to the Commission. In May 2019, she nominated Phil Bartlett, former chair of the Legislature’s Energy, Utilities and Technology Committee, to serve as PUC chair.

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