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2014 Mid-Year Meeting & Conference

Dates:  Tuesday, November 4, 2014 - 8:00am to Wednesday, November 5, 2014 - 5:00pm
Location:  Renaissance Hotel 999 Ninth Street, NW, Washington, DC

                                                       Download Conference Brochure  PDF

                                                       Speaker Bios   PDF

Conference Overview: Is 2014 the beginning of major regulatory changes that will transform America’s energy industry? The Energy Bar Association’s 2014 Mid-Year Meeting & Conference will provide two full days of discussions examining this question. The first morning will focus on recent changes in the complicated relationship between state and federal agencies in their regulatory roles, including the D.C. Circuit’s recent decision raising dramatic questions about FERC’s authority over demand response programs. The second morning will focus on the evolving nature of the practice of energy law in 2014 and EPA’s major proposal to regulate carbon emissions from existing coal-fired power plants. Additional panels will focus on environmental review of natural gas pipeline construction, the operation of carbon trading markets, and the impact of FERC’s policies on the electric transmission industry. Keynote speakers include newly-appointed FERC Commissioner Norman Bay, Pipeline and Hazardous Material Safety Administration Chief Counsel Vanessa Allen Sutherland, and SNL Energy Reporter Glen Boshart. We look forward to seeing you in November!

Why Attend:  To network and learn!  The Mid-Year Meeting & Conference offers more than 14 MCLE approved sessions, and more than 450 energy attorneys and non-attorney professionals will attend!

Important Deadlines:      Early Bird Registration Discount end October 15th

MCLE- Approval Pending - 1.0 Ethics, 10-14 hours CLE depending on state

Conference Agenda

Tuesday, November 4, 2014

9:00 am        Opening Remarks, Jason F. Leif, President, EBA, Partner, Jones Day

                      Introductory Session with Vanessa Allen Sutherland, Chief Counsel, Pipeline and Hazardous Materials Safety Administration (PHMSA)

9:30 to 11:00      General Session Panel

The Interaction Between State and Federal Interests in Regulating the Electric Utility Industry

The electric industry has evolved dramatically and in ways never contemplated when the Federal Power Act was enacted.  From the development of ISOs/RTOs and transmission planning among multiple states and utilities, to the rise of renewable energy, distributed generation, and demand response, these changes present an opportunity – and perhaps a need – to reexamine the balance between state and federal regulatory interests.  Furthermore, the Supreme Court is considering this term a case on whether the Natural Gas Act preempts state-law antitrust claims regarding practices that fall within federal jurisdiction when impacting retail transactions regulated by the states.  Panelists will present the state and federal interests on the selected issue, as well as their views on the proper divisions of jurisdictional authority.

Panelists:
Tanya Paslawski, Deputy Executive Director, Organization of MISO States
Bob Weishaar, Chair, Energy & Environmental Group, McNees Wallace & Nurick LLC
Rishi Garg, Esq., General Counsel, National Regulatory Research Institute
Suedeen Kelly, Partner, Akin, Gump, Strauss, Hauer & Feld, L.L.P.
Tony Clark, Commissioner, Federal Energy Regulatory Commission

 

11:00 to 11:15    Coffee Break

11:15 to 12:30    Concurrent Sessions:

A.  Electric Power Supply Association v. FERC - the Future of Demand Response

The fate of many demand response programs hangs in the balance of the Electric Power Supply Association v. FERC case (“EPSA”), in which the D.C. Circuit vacated the Federal Energy Regulatory Commission’s demand response compensation rule. The implications of EPSA are potentially far reaching.  This panel will address the implications of EPSA, including the current status of demand response programs at the state and federal level, impact on demand-response implications on capacity markets, and demand-response related regulatory implications for other stakeholders or federal agencies, including the CFTC.

Panelists:
John Lilyestrom, Partner, Hogan Lovells US LLP
Jacqulynn Hugee, Esq., Assistant General Counsel – Markets, PJM Interconnection, L.L.C.
Olivia Samad , Senior Attorney, Southern California Edison

Bruce Campbell, Director, Regulatory Affairs, EnergyConnect Johnson Controls

Jesse A. Dillon, Assistant General Counsel, PPL Services Corporation

 

 B. Striking the Right Balance: Environmental Review of Natural Gas Infrastructure Projects

Both proponents and opponents of natural gas infrastructure development projects seek to achieve the proper balance of environmental and landowner protection while recognizing the need for strategic infrastructure development. In an age of increasing scrutiny of such projects, what rights are afforded to participants and states in FERC and other agency environmental review processes? Do recent court decisions signal a shift in interpretation of EPA policy or implementation of the National Environmental Policy Act (NEPA)? What role does Administration policy play in shaping regulatory outcomes of particular projects? Should shale gas production techniques, and whether they are harmful to the environment, be part of Federal review of pipeline and LNG infrastructure projects? This panel will explore these and related topics associated with natural gas infrastructure project development under the Natural Gas Act.

Panelists:
Joseph S. Koury, Shareholder, Wright & Talisman, P.C.  
Daniel Merz, Senior Counsel, The Williams Companies, Inc.
Jacquelyne M. Rocan, Assistant General Counsel, Kinder Morgan Inc.
Lauren O'Donnell, Vice President, Oil & Gas, TRC Solutions
Susan J. Kraham, Senior Staff Attorney, Columbia Environmental Law Clinic

 

12:30 to 2:00      Lunch with Guest Speaker: Norman C. Bay, Commissioner, Federal Energy Regulatory Commission

Norman C. Bay was nominated by President Barack Obama to the Federal Energy Regulatory Commission in January 2014 and was confirmed by the U.S. Senate for a term that expires June 30, 2018. From July 2009 to July 2014, Commissioner Bay was the Director of the Office of Enforcement (OE). Under his leadership, OE enhanced its ability to conduct market oversight and surveillance and to investigate wrongdoing. OE created a Division of Analytics and Surveillance that designs and employs innovative algorithms to screen the markets on a daily basis to detect potentially improper conduct. OE successfully investigated allegations of manipulation of the gas and electric markets, and the Commission approved settlements that returned almost  $1 billion to ratepayers and taxpayers. OE also led several inquiries into major reliability events, including the Arizona-Southern California outages of September 8, 2011, and issued reports that contained dozens of findings and recommendations. This work protected consumers, enhanced the integrity of the markets, and improved grid reliability. In December 2013, a leading energy publication listed Commissioner Bay as one of the 10 most influential people in energy.

                                                                                                            

2:00 to 3:30        Concurrent Sessions:

A.  Carbon Markets for Reducing Greenhouse Gas Emissions

Several carbon trading markets have been implemented in parts of the United States and abroad, designed to reduce greenhouse gas emissions. This panel will examine how key cap and trade systems work, particularly the Regional Greenhouse Gas Initiative (RGGI) in the Northeast, the California Emissions Trading System, the Quebec Cap and Trade System for Greenhouse Gas Emissions Allowances, and the European Union Emissions Trading System. The panel will also explore the effectiveness of these markets, their relationship with the Environmental Protection Agency's proposed proposing emission guidelines for existing fossil fuel-fired electric generating units, and the expected impact on the generating mix in each region.

Panelists:
Norman Pedersen, Attorney, Hanna and Morton LLP
Ashley Lawson , Global Editor for Carbon Analysis, Thomson Reuters Point Carbon
John D. (Derek) Furstenwerth, Senior Director, Environmental Services, Calpine Corporation
Gray E. Taylor, Counsel and Co-Leader Climate Change & Emissions Trading, Bennett Jones LLP
Tom Lawler, Washington DC Representative, International Emissions Trading Association

 

B.  View from the Bench

Four FERC Administrative Law Judges give their advice to practitioners on how best to conduct a motions and trial practice, settle cases, and otherwise stay in good stead with the judiciary.  Good writing skills, good cross examination techniques, and good oral advocacy tips are dispensed by these seasoned ALJs, and former litigators.

Panelists:
Bruce L. Birchman, Birchman ADR Services
David Coffman, , Administrative Law Judge, Federal Energy Regulatory Commission
Carmen A. Cintron, Administrative Law Judge, Federal Energy Regulatory Commission
Steven L. Sterner, Administrative Law Judge, Federal Energy Regulatory Commission
Steven Glazer, Administrative Law Judge, Federal Energy Regulatory Commission

3:30 to 3:45        Coffee Break

3:45 to 5:00        Concurrent Sessions:

A.  Have Mandatory Reliability Standards Improved Reliability?

As we approach the 10-year anniversary of EPAct 2005 and enter the seventh year of NERC enforcement of the mandatory reliability standards, this panel will address the fundamental question of whether making reliability standards mandatory and subject to enforcement has materially improved reliability in the United States and Canada.  If so, how and by how much, with what attendant value?  And, at what cost?  Are there any potential improvements to the process?

Panelists:
Barbara A. Hindin, Associate General Counsel, Edison Electric Institute
Tom Burgess, Vice President and Director of Reliability Assessment and Performance Analysis, North American Electric Reliability Corp.
Steve Huntoon, Principal, Energy Counsel, LLP
Bruce Campbell , President & CEO, Ontario's Independent Electricity System Operator
Asim Z. Haque, Commissioner, The Public Utilities Commission of Ohio

 B.  Crude by Rail

Transporting crude oil by rail has increased substantially in recent years.  This development has facilitated an increase in crude oil production in the United States and Canada, and has seen several high-profile derailments.  This panel will discuss the legal and business implications these developments raise. Topics covered include how crude oil transport by rail is regulated, what potential regulations are being developed, and how local communities are addressing increased crude oil shipments through their communities. The panel will also discuss best practices in train and pipeline use and planning.

Panelists:Gordon Kaiser, Energy Arbitration Chambers
François Tougas, Co-Chair, Transportation, Co-Chair, B.C., Competition McMillan LLP
Roger P. Nober , EVP Law & Corporate Affairs, NBSF Railway Company
Magdy El-Sibaie, Ph. D., Associate Administrator, U.S. Dept of Transportation

Wednesday, November 5, 2014

9:30 to 11:00      General Session

The Evolving Nature of the Practice of Energy Law in 2014

Both the energy industry and the practice of law have changed dramatically in recent decades.  One of the benefits of the Energy Bar Association is that its members are steeped in decades of practice in the energy industry and have a broad range of experiences from which to draw when assessing where the industry has been and where it is going.  This panel will be a collection of seasoned practitioners who have been in the business for decades.  They will discuss trends and issues that they have followed over the course of their careers and will draw out some of the broad themes they have studied from the 1970s through today.

Panelists:
Jason Leif, President, Energy Bar Association and Partner, Jones Day
Katherine Edwards, Partner, Edwards & Floom, LLP
Albert Tabor, Partner, Caldwell Boudreaux Lefler PLLC
Clifford (Mike) M. Naeve, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Cynthia A. Marlette, Senior Counsel, Akin Gump Strauss Hauer & Feld LLP

11:00 to 11:15    Coffee Break

11:15 to 12:30    Concurrent Sessions:

A.  EPA’s NOPR on Carbon Emissions from Existing Electric Generating Units

On June 2, 2014, EPA released two long-awaited proposed regulations governing the emissions of greenhouse gases at existing, as well as modified and reconstructed power plants.  A key part of President Obama’s Climate Action Plan, and have been touted as helping to reduce greenhouse gas emissions by 30% by 2030, these proposed regulations are controversial and raise issues regarding the legal authority to enact such standards under the Clean Air Act, as well as fundamental policy questions of whether the targets are achievable.  This panel will discuss several facets of these regulations, including the achievability of the proposed reductions, impacts on reliability, and regional views. 

Panelists:
Shannon Maher Bañaga, Esq., Senior Manager, Public Policy & Governmental Affairs, Public Service Enterprise Group, Inc.
Lorie Schmidt, Associate General Counsel, U.S. Environmental Protection Agency
John Novak, Executive Director, Environmental Issues, National Rural Electric Cooperative Association
Phil Assmus, Senior Staff Associate, National Association of Clean Air Agencies
Holly Rachel Smith, Associate General Counsel Air and Radiation Law Office, National Association of Regulatory Utility Commissioners

 

B.  The Nuts and Bolts of an Oil and Gas Exploration and Production Practice

Presented in conjunction with the State Bar of Texas Section on Oil, Gas, and Energy Resources Law, this panel will discuss basic concepts of oil and gas practice such as: the nature of the oil and gas lease, mineral rights and the basics of lease perpetuation; field rules: what they govern; and other basic concepts involved in exploring for and producing oil and natural gas.

Panelists:
Michael D. Jones, Founding Partner, Jones Gill LLP
Richard Smead, Managing Director, Advisory Services, RBN Energy LLC

12:30 to 2:00      Lunch with Guest Speaker Glen M. Boshart, Industry Editor, SNL Energy - A Reporter's Perspective on How FERC Has Evolved

Mr. Boshart will offer a reporter's perspective on the highs and lows of FERC and its policies over the past 20 years, and how politicians have tried to influence the commission's policies and decisions during that time. He will discuss the controversies that erupted over recent FERC nominees and how major news media has contributed to efforts to politicize FERC.  Mr. Boshart has more than 20 years' experience analyzing and offering extensive news coverage of the legal, regulatory and competitive developments that impact the electric utility industry. Areas of expertise include the Federal Energy Regulatory Commission, the U.S. EPA, federal courts and Congress. He helped found the Foster Electric Report, a highly respected energy trade publication that eventually was acquired by SNL Energy in 2007. At SNL, he continues to lead a team of journalists charged with offering in-depth coverage of policy, regulatory and legal issues having broad impacts on the power industry.

                                                                                                 

2:00 to 3:30        Concurrent Sessions:

A.  FERC’s Efforts to Modify ISO/RTO Price Formation Practices

FERC is evaluating issues regarding price formation in the energy and ancillary services markets operated by Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) through a series of workshops. Topics covered include use of uplift payments, offer price mitigation and offer price caps, scarcity and shortage pricing, and operator actions that affect prices. This panel will explore these issues, discuss whether and how they should be addressed, and what actions they think FERC is likely to take.

Panelists:

J. Arnold (Arnie) Quinn, Director, Division of Economic and Technical Analysis, FERC Office of Energy Policy and Innovation
Jeffrey A. Schwartz, Of Counsel, Spiegel & McDiarmid LLP
Abraham Silverman, Assistant General Counsel, Regulatory, NRG Energy, Inc.
Joel S. Gordon, PSEG

                                                B.  Top Ten Recent Developments in Lawyer Ethics and Discipline

Did you know that utility lawyers and outside counsel lie awake at night worrying about the same things?  This panel will address the most current ethics and risk management  issues relevant to energy lawyers.  Topics include conflicts of interest with the corporate clients, the unauthorized practice of law appearing before state commissions across borders, and the limits of zealous advocacy - when the client's conduct becomes the lawyer's risk. 

Panelists:
Elizabeth Quirk-Hendry, General Counsel - East Region, NRG Energy, Inc.
Allison Rhodes, Partner, Holland & Knight

3:30 to 3:45        Coffee Break

3:45 to 5:00        Concurrent Sessions:

A.  Will Fracking Change the Gas Pipeline Flows in Ways that Affect Rate Design and Cost Allocation?                 

Increases in U.S. natural gas production are changing the regulatory landscape for U.S. natural gas pipelines and pipeline customers.  Changes in gas flows raise questions about whether the traditional model of production at one end of a long   pipeline flowing across distance-based rate zones to market areas at the other end of the pipeline has become outdated.  At the same time, however, anti-fracking efforts are focused on implementing regulations that could limit production and potentially restore the traditional dichotomy.  Panelists will share their views on the changes the industry will see in how pipeline systems operate and what impact these changes will have on rate design and cost allocation.  A moderated discussion will explore related questions, including whether storage fields are located where gas can be easily deposited and withdrawn, whether some depreciated lines have taken on new useful lives, whether some new lines are now obsolete, and what impact LNG exports will have if export activity becomes prevalent in the lower 48-United States.

Panelists:
Mosby G. Perrow, Attorney, Jones Day
Bill Moler, Executive Vice President & COO, Tallgrass Energy LP
Kenneth A. Sosnick , Senior Project Manager, MRW & Associates, LLC
David Ciarlone, PE, Manager, Global Energy Services
 

 

B.  Encouraging Investment or Sending Mixed Signals?  How FERC Policies Are Shaping the Electric Transmission Industry

FERC has implemented several new policies in recent years related to transmission development and cost recovery. Such policies include authorizing incentives for projects resulting from centralized RTO transmission planning and eliminating federal rights of first refusal, but also involve how FERC has treated recent complaints on transmission owners' ROE levels and the risks raised by RTO project cancellation.  Some observers have raised concerns as to whether these policies provide an appropriate level of incentives for grid development.   Some assert that FERC’s emphasis on non-ROE incentives to mitigate risk and FERC’s treatment of ROE complaints are disincentives to grid development.  Industry and regulatory panelists give their views on what these policies portend.

Panelists:
Doug Smith, Partner, Van Ness Feldman LLP
Elias Farrah, Partner, Winston & Strawn LLP
Steven Wellner, Legal Advisor, Office of Chairman Cheryl LaFleur, Federal Energy Regulatory Commission
Jim Y. Kerr, II, Executive Vice President, General Counsel, and Chief Compliance Officer, Southern Company
David Pomper, Partner, Spiegel & McDiarmid LLP
James P. Johnson, Assistant General Counsel, Xcel Energy

Special Events

Young Lawyers Committee Reception – Monday, November 3, 2014, 6:00 pm. For Details visit: http://www.eba-net.org/pre-conference-reception-hosted-young-lawyers-com...

New Member Reception – Tuesday, November 4, 2014, 5:15 pm. Invitation only

CFEBA Gala & Silent Auction – Tuesday, November 4, 2014, 5:30 - 8:00 pm. Separate registration required.  Visit: http://www.eba-net.org/12th-annual-cfeba-silent-auction-and-gala

 

Hotel:

EBA has reserved a block of rooms at the Conference hotel, the Renaissance Hotel, 999 Ninth Street, NW, Washington DC. EBA does not arrange for hotel accommodations, but provides reservation information for registrants.

Renaissance Hotel
999 Ninth Street, NW, Washington, DC          Metro Stop: Gallery Place
Please make your hotel reservations before October 10, 2014 in order to obtain accommodations at the special EBA conference rate of $325/night plus tax, single or double occupancy. Accommodation requests received after the cutoff date are subject to availability and may be at a higher rate.

Online Reservations at the Renaissance Hotel
https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=11188105

Enter: Arrival and Departure Dates
Enter: Number of rooms needed and number of guests
 

Once the reservation is complete, you will receive an instant confirmation number via e-mail (as long as your email address has been entered).

Phone-In Reservations:You may also call the Renaissance Hotel at1-800-468-3571 to make your reservations. Let the reservations clerk know you will be attending the EBA conference in order to get the special rate.

Getting There: If traveling by DC Metro Train , the hotel is just a block off the Gallery Place Metro stop.  Parking is available onsite for a fee.

Registration:

Please Note:  After Monday, October 27, 2014 registrations need to be faxed or delivered to EBA. 

After Friday, October 31, 2014 all registrations must be done on-site at the meeting registration desk.

FAX:  Your completed registration form with payment to EBA:  202.833.5596

Delivery:  Registration and payment to EBA, 2000 M St., NW, Suite 715, Washington, DC 20036

Questions?  call EBA at 202.223.5625

Registration includes attendee handouts, breakfast, lunch, and breaks for the day of your attendance.

Conference Registration Fees:

Two Day Registration Fees:                                    Member/Regular Fee             Non-Member

Private Sector:                                                           $975                                      $1150

Govt/Student/Academic:                                           $450                                       $550

One Day Registration Fees: 

Private Sector:                                                          $625                                      $875

Govt/Student/Academic:                                          $300                                      $330

All participants must be registered in advance. Registration is mandatory to attend conference. Only individuals registered and wearing a badge may attend conference sessions and events. The full registration fee is payable in advance in U.S. funds. No registrations will be considered complete until payment is received.   Registrations and substitutions can also be made on-site.

Cancellation Policy : Refunds will be given to registrants who submit written cancellation to the address shown on the registration form by October 15, 2014 , less a $50 administrative fee. The cancellation policy also applies to registration forms that are received and accepted after the deadline date. no refunds will be given after October 15, 2014. (If cancellation is requested after deadline and accepted, there will be a $75 administrative fee). substitutions are acceptable at any time (non-members substituting for members will be charged the difference between member and non-member fees). Please note that regardless of the date the cancellation notice is received, no refunds will be processed until after the program. Confirmations will be sent to registrants via email if an address is provided. For more information contact the eba at (202) 223- 5625

 

Sponsor:

We invite you to consider sponsorship of the Energy Bar Association’s Mid-Year Meeting & Conference. The Energy Bar Association’s Mid-Year Meeting & Conference attracts approximately 450 attendees including attorneys, non-attorney professionals, and students active in all areas of energy law, which include, antitrust, international energy transactions, legislation and regulatory reform, electric utility regulation, alternative dispute resolution, finance and transactions, and environment and public lands, to name just a few, at federal, state, and international levels. This meeting will bring together decision makers on key issues impacting energy law.

See the EBA Sponsor brochure (PDF) for more details or complete and return the sponsorship response form (PDF) to llevine@eba-net.org

Attendees:

A list of conference attendees will appear here several weeks before the event.

The deadline for mail-in and on-line registration is October 25, 2014. Registrations will still be honored, but your name will not be included in the Attendee Roster.