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2015 EBA Mid-Year Meeting & Conference

2015-11-18 08:00:00 2015-11-18 17:00:00 America/New_York 2015 EBA Mid-Year Meeting & Conference- EBA Join us Wednesday, November 18th and Thursday, November 19th for EBA 2015 Mid-Year Meeting & Conference. **For a full listing of events visit http://eba-net.org/calendar Renaissance Hotel 999 Ninth Street NW Washington, DC 20001 EBA - Energy Bar Association admin@eba-net.org
Dates:  Wednesday, November 18, 2015 - 8:00am to 5:00pmThursday, November 19, 2015 - 8:00am to 5:00pm
Location:  Renaissance Hotel 999 Ninth Street NW Washington, DC 20001

PRE-REGISTERED ATTENDEES:  You will receive an email from EBA on 11.12.15 with a link to the session handouts.  PLEASE BE AWARE, THERE WILL BE NO PAPER HANDOUTS ONSITE.  To access handouts, you must use the link provided in the email and visit the Conference Resource Center where you will be able to download session handouts.  If you have questions call EBA, 202.223.5625.

Conference Overview

Cutting edge issues across the energy spectrum will be explored at the Energy Bar Association’s two-day 2015 Mid-Year Meeting & Conference on November 18 and 19, 2015.  

The topics will include cybersecurity challenges presented by the increasing dependence of the electric grid on telecommunications; developments concerning the Environmental Protection Agency, including the Clean Power Plan; reforms occurring in organized markets; and integrating diverse resources into the grid.  Natural gas practitioners will want to attend the panel on gas supply, including LNG and Mexico exports, and Hydro practitioners will have a host of issues to consider on a panel. Nuclear issues will be the focus of still another panel.  FERC audits, including those of oil pipelines, will be examined, with a focus on best practices.  
 
Additionally, the ethics of attorneys’ responses to agency investigations and enforcement proceedings, including a discussion of how the Rules of Professional Conduct can guide appropriate tactics, will be addressed on November 19. Ethics CLE credits will be honored in many states for those attending this presentation. With an outstanding group of speakers and an expected 500 attendees from across the energy law field, the 2015 Mid-Year Meeting & Conference promises valuable educational programming and networking opportunities that you won’t want to miss.  
 

Conference Highlights and Featured Speakers



 

 

 

Luncheon Speaker: Commissioner Cheryl A. Lafleur, Federal Energy Regulatory Commission

 

Keynote Speaker:  Richard J. Pierce, Professor of Law, George Washington University Law School

 

Luncheon Speaker:  Commissioner Lawrence Brenner, Maryland Public Service Commission

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Mid-Year Meeting & Conference Program Brochure (PDF)

Continuing Legal Education Credits (CLE) 

General CLE credits are pending and/or approved in :  AZ, AL, CA,  CO, GA, IL, IN, KY, LA, NJ, NY, MN, OH, OR, PA, TX, UT, VA, WA, WI
 
One hour of ethics CLE approval is also pending. 
 

Program Agenda

Day One:  Wednesday, November 18, 2015

8:45 A.M.-9:00 A.M.:  Welcome
Richard Meyer, President, Energy Bar Association

9:00 A.M. - 10:15 A.M:  Keynote Debate: Perspectives on Energy Issues from the Hill 
A Republican and a Democrat, both senior Hill Staffers, will respond to a series of questions about energy policy issues facing lawmakers in our Nation’s Capital.  Come hear the fireworks, and pose your own questions too boot!

Speakers: Todd Wooten, Senior Counsel for Energy & Tax, U.S. Senate Committee on Finance
Matt Leggett, Policy Counsel, Energy, Environment, and Agriculture, U.S. Senate Republican Policy Committee
 

10:15 - 10:45 A.M.: Break

10:45 A.M. – NOON: General Session

On a Knife-Edge: Rewards and Penalties in Capacity Performance

The 2014 Polar Vortex was a wake-up call for resource adequacy when an unexpectedly high percentage of power plants were not available, and reserve margins dipped to low levels.  Since then PJM and ISO New England have, with FERC’s approval, reformed their capacity markets to “pay for performance,” and other regions may follow.  This panel will discuss the major issues involved (e.g., performance requirements, fuel supply, penalties, transition), and the implications for resources and for load.  The results of capacity auctions conducted under the new rules will be reviewed.

Moderator: Honorable Philip D. Moeller, Former Commissioner, Federal Energy Regulatory Commission
Speakers: Frederick Stuart (Stu) Bresler III, Senior Vice President, Markets, PJM Interconnection, LLC
Raymond Hepper, Vice President, General Counsel & Corporate Strategy Secretary, ISO New England Inc.
John Shelk, President & CEO, Electric Power Supply Association (EPSA)
Susan Bruce, McNees Wallace & Nurick LLC, Counsel to PJM Industrial Customer Coalition

NOON – 2:00 P.M.:  Luncheon Speaker

Honorable Cheryl LaFleur, Commissioner, Federal Energy Regulatory Commission

2:00 P.M. – 3:30 P.M. Afternoon Concurrent Sessions

Session A:  Changes in Meeting Natural Gas Demand

As natural gas markets continue to respond to increasingly stringent emissions regulations and shifts in natural gas prices, new challenges in natural gas demand are emerging.  This panel will explore some of these challenges demand and ways in which industry players are seeking to resolve those challenges.  The topics that will be explored include: Northeast supply constraints, states’ challenges in getting power generators to sign up for capacity on natural gas pipelines, and serving natural gas demand in small-scale and emerging markets in the new wave of LNG export projects.  

Moderator: David L. Wochner, Partner, K&L Gates LLP
Speakers: Nancy E. Bagot, Senior Vice President, Electric Power Supply Association (EPSA)
Katie Marvin Bays, Research Analyst, Energy, Power & Industrials, Height LLC
Coralie Sculley, Kinder Morgan Inc.
Amy Farrell, Vice President of Market Development, America's Natural Gas Alliance

Session B: Energy Trading in the Organized Markets

Financial electricity and natural gas trading interact with the physical markets and vice versa.  Futures and other exchange-traded products provide a forward view of prices, spreads and expectations, CRR/FTRs allow for longer-term commitments regarding congestion, while day-ahead and real-time physical energy and virtual trading encompass then-current market conditions.  These products continue to grow in relevance, posing a variety of unique benefits and challenges, and serve different market purposes, such as hedging and speculation.  Financial products interact providing price discovery, efficiency and risk management opportunities.  With increasing market complexity, comes a need for more sophisticated quantitative and analytical trading and new types of financial players.  There are headwinds and innovations impacting financial trading including evolving market design, uplift allocations, underfunding, and LMP refinements to name a few.  The panel will discuss where this financial marketplace is going next and what improvements can be made.

Moderator: Gregory K. Lawrence, Shareholder, Greenberg Traurig, LLP
Speakers: Scott Harvey, Consultant, FTI Consulting
David Patton, PhD, President, Potomac Economics Ltd.
Harry SinghVice President, Goldman, Sachs & Co.
Andrew J. Stevens, Managing Director, DC Energy LLC

3:45 P.M. – 5:00 P.M.: Concurrent Sessions

Session A: Trends in FERC Audits

FERC’s Division of Audits and Accounting is one of four substantive tools in the Office of Enforcement arsenal to carry forth the Commission’s obligations to ensure adherence to its enabling statues, rules, regulations, policies and procedures.  Audits are a key function that assist the Commission in gathering information as well as ensuring compliance.  Hear descriptions of the do’s and don’ts for audits and their ramifications and implications for audit results from panelists with multiple perspectives:  the regulator, the company, the outside counsel, and the consultant.

Moderator: Robert Pease, Bracewell & Giuliani
Speakers: Outside Counsel Perspective: Regina Speed-Bost, Schiff Hardin
Consultant Perspective: Robert G. VanHoecke, Principal, Regulatory Economics Group
FERC Perspective - Bryan Craig, Director & Chief Accountant, FERC
Company Perspective – Michael Regulinski, Dominion Resources Services, Inc.

Session B: Stormy Seas Ahead for U.S. Water Policy

After receiving over 1 million public comments on their proposed rule, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) issued a final rule re-defining “waters of the United States” under the Clean Water Act (CWA), on May 27, 2015.  The new definition will be used to determine whether federal permits are needed for filling or discharging pollution to wetlands and other water bodies throughout the Country.  The final rule expands federal control over several types of water bodies and provides some specific criteria that may make it easier for the agencies to administer their CWA programs.  However, the rule may subject scores of new energy projects to more burdensome and time consuming NEPA processes, and may expose thousands of existing projects to renewed regulations. While the final rule was set to take effect nationwide on August 28, 2015, it faces significant legal challenges.  This panel will focus on dissecting the water rule, its impact on the energy industry and energy projects, and give practitioners a sense of the legal arguments raised on several fronts opposing and supporting the rule’s implementation.

Moderator: Erin Bartlett, Associate, Van Ness Feldman
Speakers: 
Jon DevineNatural Resources Defense Council
Michael Kimberly, Mayer Brown LLP
 

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Day Two: Thursday, November 19, 2015

9:00 A.M. – 10:15 A.M.: Keynote Address

Professor Richard Pierce, Professor, George Washington University Law School, will discuss difficult administrative law issues and implementation issues that are raised by the Clean Power Plan. 

 

10:15 - 10:45 A.M.: Break

10:45 A.M. – NOON: General Session

The Looming Cyber Threats, and How to Combat Them
This panel will explore the interdependency of the electric grid and telecommunications.  Areas of focus include: CIP Version 5; DOE’s Quadrennial Energy Review regarding interoperability and connectivity; and advising clients on how to prepare and deal with a cyber-attack.

Moderator:  Alan D. Cohn, Steptoe & Johnson, PLLC
Speakers: Scott Blake Harris, Chairman, Harris, Wiltshire & Grannis LLP
Michael Smith, Senior Cyber Policy Advisor to the assistant Secretary Office of Electricity Delivery and Energy Reliability, Department of Energy
Nathan Taylor, Partner, Morrison & Foerster LLP

NOON – 2:00 P.M.: Lunch Keynote

Commissioner Lawrence Brenner, Commissioner, Maryland Public Service Commission

2:00 P.M. – 3:30 P.M.: Concurrent Sessions

Session A: EPA Developments

This panel will explore the Clean Power Plan, including any impact on it that might come from the Supreme Court MATS Ruling, as well as other developments related to EPA regulations and court review.  The focus will include: the legality of the final Clean Power Plan rule, and whether the rule should be stayed, or is ripe for appeal; and development of state implementation plans.

Speakers: Allison D. Wood, Partner, Hunton & Williams LLP
Kari  Bennett, Senior Director of Program Strategy, Midcontinent Independent System Operator, Inc. (MISO)
Jennifer Macedonia, Bipartisan Policy Center 
Lara S. Nichols, Vice President of Nuclear and Environmental, Health and Safety Legal Support, Duke Energy

Session B: Ethical Issues Arising in Agency Investigations- Part 2

This panel will discuss ethical issues attorneys face when responding to agency investigations and enforcement proceedings, including a discussion of how the Rules of Professional Conduct can guide appropriate tactics. The scenarios to be discussed include: (1) considerations under the Justice Department Memo on Individual Liability for Corporate Wrongdoing, (2) attorneys as compliance officers, (3) privilege and cooperation, (4) the role of an agency ombudsman and (5) considerations for internal investigations.

Speakers:  Catherine Krupka, Sutherland
Catherine Foti, Partner, Morvillo Abramowitz Grand Iason & Anello PC

Ken Raisler, Sullivan & Cromwell

3:45 P.M. – 5:00 P.M.: Concurrent Sessions

Session A: Nuclear Power’s Future:  Can It Survive and Thrive?

In an era in which new technologies dominate the headlines, nuclear power plants are continuing to provide value to the grid as they have for decades.  Nuclear plants generate nearly 20% of the energy consumed in the US at an average capacity factor in excess of 90%, provide grid stability and inertia essential to reliability (particularly important as more intermittent generation is added to the grid), and provide about 63% of US emissions-free generation.  Nevertheless, keeping our nuclear fleet operational has become increasingly difficult for a variety of reasons, including adverse economic conditions in some competitive markets and occasional technical challenges.  How does law and regulation, including the new EPA Clean Power Plan, affect the future of US nuclear power? Can nuclear survive in competitive markets or is regulatory support, such as cost-of-service pricing, necessary?  And what impact would any changes in laws, regulations or policies designed to “save” the nuclear fleet have on the rest of the market?  Peer into the future with our panel as they chart the destiny of nuclear energy in the US.

Moderator:  Emily Hammond, George Washington University
Speakers: David Brown, Exelon Corporation
Geoffrey H. Fettus, Senior Attorney, Natural Resources Defense Council
Derek Murrow, Director, Federal Energy Policy, Energy & Transportation Program, Natural Resources Defense Council
Daniel F. Stenger, Hogan Lovells US LLP
Susan Mathiascheck, Senior Director, Environmental Policy, Nuclear Energy Institute
 

Session B: Are Distributed Energy Resources (DERS) at the Tipping Point?

As generation resources grow on the distribution grid, there is an increasing need to plan for the investment required to accommodate them.  How are different states and utilities dealing with these unanticipated flows of power?  How big an issue are DERs in maintaining reliability, or at what point does it become problematic?  Should utilities adopt or regulators require distribution planning as part of their integrated resource planning?  Come hear about why and how distribution planning may need to change in many jurisdictions.

Moderator:  Donna Attanasio, George Washington University Law School
Speakers: Honorable Betty Ann Kane, Chairman, Public Service Commission of the District of Columbia
Steve Fine, Vice President, ICF International
John M. Stanton, Executive Vice President, Policy & Markets and Regulatory Counsel, SolarCity
Matthew Futch, Vice President, Retail Regulation, National Grid US

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Special Events:

Tuesday, November 17, 2015, 5:30- 8:00 p.m. - EBA Young Lawyers Council Reception* - All are welcome

Wednesday, November 18, 2015, 5:30- 7:30 p.m. - Charitable Foundation of the Energy Bar Association Reception*  

* Separate Registration Required

Location of Conference

Renaissance Hotel
999 Ninth Street N.W.
Washington, DC 20001

 

Hotel Information

As of November 2, the Renaissance does not have any additional hotel rooms for the meeting.  Below are a few options for you to consider and contact directly:  

Key Bridge Marriott – current rate: $279 (6 Miles)
Renaissance Arlington Capital View – current rate: $339 (5 Miles)
Washington Marriott Georgetown – current rate:  $399 (2 Miles)
 

Registration and Cancellation Information

The cancellation policy can be found here.

More Information:

For questions and more information please contact the Energy Bar Association at 202.223.5625.

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