Thank you to our conference sponsors:


Law Offices of Carolyn Elefant

Women In Energy Breakfast Sponsor:


Supporting Sponsor:


Thanks to our marketing partners:

Thank you to the Professional Education Council, Chapter Presidents and Committee Chairs for assisting with development of this conference.  A special thanks to the Professional Education Council Chair Molly Suda, K & L Gates LLP and Vice Chairs Stuart Caplan, Dentons US LLP and Damien Lyster, Vinson & Elkins LLP.












2016 EBA Mid-Year Energy Forum

2016-10-05 08:30:00 2016-10-06 21:30:00 America/New_York 2016 EBA Mid-Year Energy Forum- EBA **For a full listing of events visit Renaissance Downtown Hotel 999 Ninth Street NW Washington, DC 20001 EBA - Energy Bar Association
Dates:  Wednesday, October 5, 2016 - 8:30am to Thursday, October 6, 2016 - 9:30pm
Location:  Renaissance Downtown Hotel 999 Ninth Street NW Washington, DC 20001

ON SITE PROGRAM GUIDE (print and bring to the conference)

Program Overview
     Wednesday, October 5, 2016
     Thursday, October 6, 2016
Special Events
Conference Location
Hotel Information
Parking and Transportation Information

Sponsorship Information
Conference Policies

Speaker Resource Center (for Mid Year Forum Speakers)

2016 Mid-Year Energy Forum in Pictures

Program Overview

Please join us for the 2016 EBA Mid-Year Energy Forum on October 5-6, 2016 at the Renaissance Hotel in Washington, DC. The event will provide two full days of discussions focused on the legal issues related to all aspects of energy law, as well as ample networking opportunities with professionals and law practitioners in the energy space. Information is being added to our event homepage daily, so be sure to check for updates. Each year, the EBA Mid-Year Forum welcomes 400 attendees and is approved for approximately 10-15 hours of MCLE credit, and an additional 1.5 hours of ethics credit.

Download PDF Program Guide

Register Now


Wednesday, October 5, 2016

8:00 am - 6:00 pm


8:00 am - 9:00 am

Continental Breakfast & Exhibits

9:00 am - 9:15 am


Emma Hand, President, Energy Bar AssociationDentons US LLP


9:15 am - 10:30 am

A Conversation on Diversity

Moderator: Emma Hand, President, Energy Bar Association; Dentons US LLP
Panelists: Honorable Cheryl A. LaFleur, Commissioner, Federal Energy Regulatory Commission
Honorable Carmen A. Cintron, Acting Chief Administrative Law Judge, Federal Energy Regulatory Commission
Vicky A. Bailey, President, Anderson Stratton Enterprises
Robert W. Gee, President, Gee Strategies Group LLC

As the energy sector evolves and the increasingly diverse customer base expands and becomes more vocal regarding their wishes with respect to how to meet the country's energy needs, more and more of EBA's members find themselves facing issues related to diversity, either within their organizations or with their clients and customers.  Our distinguished panelists will share their personal experiences as diverse professionals in the energy sector and offer their advice to the audience.

10:30 am - 11:00 am Coffee Break

11:00 am - 12:15 pm

Concurrent Session A: Grid Modernization Debate

Moderators: Caileen N. Gamache, Counsel, Chadbourn & Parke, LLP
Matt Rudolphi, Partner, Duncan Weinberg Genzer & Pembroke, PC
Debaters: Mark Glick, Administrator, Hawaii State Energy Office
Scott Hennessey,VP, Policy & Electricity Markets and Regulatory Counsel, SolarCity
Rick Roberts, Partner, Head of Electric Group, Steptoe & Johnson LLP

You be the judge in this interactive debate among energy regulators, [utilities, IPPs, and C&I consumers] about energy regulation and grid modernization issues. Participants will provide opening remarks and insight into current issues they each face, followed by a moderated deliberation of topics such as whether the Smart Grid is smart enough to serve its intended purpose; the aggregate impact of distributed generation participation in organized markets; whether consumers are benefiting from state regulators’ choices regarding net metering, roof top solar, community solar and community aggregation; and how will regulators and utilities remain relevant to the consumer if storage solutions prove economic and otherwise viable.


Concurrent Session B: Cross-Border Energy Disputes:  The New Challenges 

Moderator: Gordon Kaiser, Independent Arbitrator, Toronto, Calgary
Panelists: Barry Appleton, Appleton & Assoc, Toronto, Mesa Power Group v. Government of Canada,
John Terry, Partner, Torys LLP
Robert Wisner, Co-Chair, International Arbitration, McMillan LLP

In the last year, a record number of cross border energy disputes have arisen.  All have raised important new legal issues. Millions of dollars are at stake.  This session will cover developments from the four most important cases addressed by counsel who acted for one of the parties. 

12:15 pm - 2:15 pm 

Luncheon & Keynote Speaker

The 2016 Paul E. Nordstom Service Award will be presented during lunch.

Charles A. Berardesco, Senior Vice President, General Counsel, and Corporate Secretary, North American Electric Reliability Corporation

2:00 pm - 3:15 pm

Concurrent Session A: The New/Old Frontier:  Market Developments in the Western Interconnection

Moderator: Jonathan D. Schneider, Partner, Stinson Leonard Street LLP
Panelists: Sonya Baskerville, Manager, National Relations Office, Bonneville Power Administration
Robert W. Cromwell, Director Regional Policy & Contracts, Seattle City Light
Kenneth G. Jaffe, Alston & Bird
Jonathan Weisgall, Berkshire Hathaway Energy Co.

Though CAISO has been operating since 1998, the remainder of the Western Interconnection has been ambivalent about CAISO's expansion. To date, efforts to develop regional market and transmission alternatives have also fallen short. Recent expansion of CAISO's Energy Imbalance Market suggests a corner may finally have been turned, but questions remain as to whether California will permit CAISO to reorient itself as a regional entity, and whether efforts to develop smaller scale regional programs may yet succeed. Perspectives represented on the panel will include those of the ISO itself, regional players from the Northwest and Desert Southwest, state representatives and marketers.


Concurrent Session B: Emerging Trends in Environmental Challenges and Best Practices to Permit Safe, Efficient, and Environmentally Responsible Natural Gas Infrastructure

Moderator: Michael B. Wigmore, Vinson & Elkins
Panelists: Patrick Hester, Spectra Energy
Karin L. Larson, Federal Energy Regulatory Commission
Moneen Nasmith, Staff Attorney, Earthjustice Northeast Office

Natural gas infrastructure projects under jurisdiction of the Federal Energy Regulatory Commission (FERC), such as projects to construct new (or expand existing) interstate natural pipelines or liquefied natural gas (LNG) export facilities, must comply not only with FERC requirements, but also a panoply of other federal and state environmental review and permitting laws in order to succeed.  As the demand for natural gas infrastructure has grown, some are concerned that the pace of permitting will slow due to the volume of applications crossing agency desks, an increase in challenges by environmental groups, evolving guidelines such as the recent CEQ guidance on GHG emissions and climate change, or some combination of these and other factors.  The panel will focus on providing government regulators, project developers, environmental stakeholders, and interested investors with emerging trends, updated regulatory timelines, updates on pending and potential environmental litigation, and best practices to meet the shared goals of safe, efficient, and environmentally responsible infrastructure development.

3:45 pm - 5:00 pm

Concurrent Session A: Tribal Consultation and FERC’s Gas Pipeline Certificate Process

Panelists:Brian Benito, Senior Environmental Specialist-Major Projects for Kinder Morgan
Ed Gehres, Partner, Van Ness Feldman LLP
Valerie Hauser, Director, Office of Native American Affairs, Advisory Council on Historic Preservation
Eric Howard, Tribal Coordinator, Division of Gas Environment & Engineering, Office of Energy Projects, Federal Energy Regulatory Commission
Jerry Pardilla, Director, Office of Environmental Resource Management, United South and Eastern Tribes, Inc.

Section 106 of the NHPA requires federal agencies to take into account the effects of undertakings on historic properties. These requirements include consultation with federally recognized tribes. In recent years, tribal consultation has become more prevalent in some regions.  This panel will address developments in tribal consultation at the Federal Energy Regulatory Commission and under the NHPA.


Concurrent Session B: Distressed Energy: Issues and Opportunities in Challenging Times

Panelist(s): Sam J. Alberts, Partner, Dentons US LLP
Edward C. Dolan, Partner, Hogan Lovells US LLP
Christopher Langbein,Vice President Restructuring Group, Lazard
Mark Shankweiler, Managing Director, Berkeley Research Group, LLC

Faced with low market prices and high debt levels, the oil and gas sector has joined the coal industry in a wave of energy industry bankruptcy cases and restructurings.  This environment presents unique challenges and opportunities for professionals and market participants, and raises key questions for executives and investors.  Will the wave of bankruptcy filings and distressed M&A opportunities continue into 2017 even if prices rise?  How does a bankruptcy filing affect and interact with issues of oversight, contract continuation, liens and claims?  Why are energy company valuation issues unique and how do they determine the outcome in restructuring cases?  How are royalty streams treated?  Are FERC regulated pipeline companies treated like any other unsecured creditor in Bankruptcy court?  What options does a FERC-regulated pipeline have if a customer is on the verge of bankruptcy, and stops paying?  What options exist once bankruptcy proceedings have commenced?  These and other issues will be explored by our panel.


Concurrent Session C: States Move Toward a Cleaner Energy Future: Opportunities and Challenges

Moderator: Kimberly B. Frank, Partner, McCarter & English, LLP
Panelists: Alexandra Dapolito Dunn, Executive Director & General Counsel,The Environmental Council of States
Roger Martella, Jr., Partner, Sidley Austin LLP
Allison Wood, Partner, Hunton & Williams LLP
This panel will offer an overview of where states are on achieving their carbon reduction goals. Many states are moving forward with their carbon reduction goals despite the Clean Power Plan stay. The EPA also continues to work to achieve its overall objectives. The speakers will provide an analysis of the practical ramifications of the proposed rule, including potential impacts to state regulatory agencies, existing utilities, energy cost and reliability, and consequences for other energy and industrial sectors.

5:30 pm - 9:00 pm


 Reception and Dinner

  Dinner with Commissioner Colette Honorable, Federal Energy Regulatory Commission* (dinner fee included with your full conference registration)

Please note:  CFEBA will hold a fundraising "Wine Pull" where you can purchase a ticket for $30 and select a mystery bottle of red or white wine, to be enjoyed during the dinner.  No other wine will be available during dinner. 


Thursday, October 6, 2016

8:00 am - 5:00 pm


8:00 am - 9:00 am

Continental Breakfast & Exhibits

9:00 am - 10:30 am

General Session: Aliso Canyon—Aftershocks in the National Gas and Power Industries?

Moderator: Noman Pedersen, Hanna and Morton, LLP
Panelist(s): Philip W. Bennett, Mogel & Sweet
Anders Johnson, Kinder Morgan
Philip D. Moeller, Edison Electric Institute
Hear from representatives of the major natural gas

Hear from representatives of the major natural gas trade associations on the pressing and issues facing their segment of the industry and the solutions they propose.Issues associated with the ongoing natural gas leak at the Aliso Canyon storage facility near Los Angeles have resulted in multiple reactions from California, in terms of integrity management and proposed operational changes, involving substantial costs and operational impacts.  As concerns raised by this situation are confronted by regulators in other parts of the nation, how does the electric industry see this evolving in terms of their needs, what might be the regulatory reactions at the federal and state level, and how do storage operational constraints fit into the gas pipeline industry’s ability to serve growing power generation?  A highly experienced and knowledgeable panel will start with an overview from the moderator describing the status of Aliso Canyon, then move to the power industry’s perception from the vantage point of a senior former regulator, to an in-depth discussion of federal and state regulatory responses, concluding with a discussion of the operation of pipelines with extensive storage and power-generation loads.

10:30 am - 11:00 am

Coffee Break

11:00 am - 12:15 pm

Concurrent Session A: Changes and Challenges to the Income Tax Allowance and Impacts on Investment Decisions post-United Airlines, Inc. v. FERC 

Moderator: Emily Pitlick Mallen, Associate, Van Ness Feldman LLP
Panelists: Barry T. Smitherman, Partner, Energy Regulation, Vinson & Elkins LLP
Marc L. Spitzer, Partner, Steptoe & Johnson LLP
Gregory S. Wagner, Special Counsel, Baker Botts LLP
In July 2016, the D.C. Circuit caught many in the regulated utility and pipeline community off guard when it questioned the legality of FERC’s income tax allowance (“ITA”) policy as applied to master limited partnerships (“MLPs”) in United Airlines, Inc. v. FERC.  Electric utilities and pipeline companies regulated by FERC, as well as states  that have adopted similar policies, have come to rely on the ITA as a well-established cost item that can be collected in rates.  The ability to earn an ITA in rates also has informed decisions on investment and corporate formation in the regulated utility space,  leading to an uptick in the number of MLP-owned regulated pipelines and the use of other corporate forms such as real estate investment trusts (“REITs”) for energy infrastructure investment.  The panel will address questions about tax policy, incentives for investment, and considerations for regulators raised by the United Airlines decision, and similar issues raised by a March 2016 Texas Public Service Commission’s decision reserving the right to share the tax benefits of REIT structures with rate payers.


Concurrent Session B: Building Out the Future for Competitive Transmission Development:  New Models, New Challenges

Moderator:  Steven Wellner, Legal Advisor to Commisioner LaFleur, FERC
Panelists:  Judy Chang, Principal and Director, The Brattle Group
George Dawe, Vice President, Duke-American Transmission Company
Noman Williams, COO and Sr. VP of Operations and Engineering, GridLiance
Brian Weber, Manager Director, Transmission Development, Transource

A variety of new entrants and incumbent utilities have begun vying for opportunities to build out the nation’s transmission system.  A host of new business models have been crafted in the hope of overcoming various challenges facing the electric transmission industry.  However, five years after Order No. 1000, significant challenges remain.  This panel will feature a panel discussion with industry experts and leaders from several active transmission developers across the country examining some of the innovative business models that have stepped to the forefront, the biggest commercial, legal, and regulatory challenges they face, as well as the future of competitive transmission development and opportunities for improvement.  The discussion will also address related issues raised during FERC’s competitive transmission development technical conference.


Concurrent Session C: Drones, Utilities,  and the State of the Law

Panelist(s): Kelly Daly, Stinson Leonard Street LLP
                    Ashley Bond, Duncan & Allen            

Unmanned aircraft systems (UAS or drones) are rapidly expanding in the utility industry and beyond.  Global spending on UAS technology is expected to exceed $100 billion in the next 5 years.  This summer the Federal Aviation Administration issued its long awaited small UAS regulations, and Congress and the President responded to industry efforts by providing additional protections and authorizations of specific interest to the utility industry.  Join us for an informative discussion on the current regulatory landscape, the expanding use of UAS technology, and the steps utilities should be considering to both protect critical infrastructure from unwanted UAS interference and to incorporate the use of UAS technology into utility operations.

12:15 pm - 2:00 pm

Luncheon & Keynote Speaker

The Honorable Tony Clark, Commissioner, Federal Energy Regulatory Commission (FERC)
The 2016 EBA State Regulatory Practitioner Award will be presented during lunch.

2:00 PM - 3:30 pm

Concurrent Session A: Its Ethics:  A focus on Diversity and Advancing Civil Rights

Panelist(s): Saul Jay Singer, Legal Ethics Counsel, DC Bar

This interactive program will use hypotheticals to explore issues involving lawyers’ focus on diversity and advancing civil rights, covering topics such as:

  • Law firm management issues (including how to deal with colleagues' discrimination misconduct or bigoted supervising)
  • Marketing (including depictions that improperly show law firm diversity)
  • Dealing with clients (including public policy disagreements between lawyers and clients, representing unpopular clients, and lawyers' right to withdraw in the face of clients' desire to pursue offensive conduct)
  • Ethics rules' applicability to lawyers' non-legal bigoted activities
  • Discovery issues involved in civil rights litigation (including the ethical propriety of recording telephone calls and engaging in deceptive conduct to uncover discriminatory conduct)
  • Litigation issues (including ghostwriting pleadings, lawyers' obligation to comply with court orders and ability to challenge existing law)
  • Judicial issues (including judges' membership in discriminatory organizations and judicial bias)

Concurrent Session B: Challenges to Fracking:  A Roadblock to Energy Abundance, a Path to Clean Energy, or Something Else?

Moderator: James William Rubin, Partner, Dorsey & Whitney LLP
Panelists: Tomás Carbonell, Director of Regulatory Policy and Senior Attorney, Environmental Defense Fund
Erik Milito, Director of Upstream and Industry Operations,  American Petroleum Institute
Jennifer Morrissey, Dentons U.S. LLP

This session will explore the ways in which the policy and legal debate surrounding production of unconventional sources of natural gas through horizontal drilling and hydraulic fracturing is affecting the assumptions driving natural gas infrastructure development in the United States.  Panelists will provide insight into key court cases (e.g., the federal Bureau of Land Management case), as well as other initiatives and proceedings that are playing out in 2016 and beyond.  Panelists will also explore the significance of the EPA report on hydraulic fracturing, provide case studies in key states, highlight advances in technology, and examine the role of natural gas in carbon-free policy efforts.  To what extent will local control measures be preempted?  Will litigation or changing regulations impact natural gas demand?  Will the country strike the right balance?  These and other questions will be explored and, if not answered, at least illuminated.

3:45 pm - 5:00 pm

Closing General Session: Lawyers and Consultants:  Pro Tips for Getting Along and Getting Results

Moderator: Natalie Karas, Senior Regulatory Attorney, Environmental Defense Fund
Panelists: Leonardo Giacchino, Ph.D., Partner, Solutions Economics LLC
Jennifer Lee, Partner, Environmental Resources Management (ERM)
Margaret E. McNaul, Thompson Coburn LLP
Peter J. Scanlon, Esq., Duncan, Weinberg, Genzer & Pembroke, P.C.

Lawyers can’t stand math. Consultants think lawyers complicate the issues. But the truth is that both groups need each other and end up working together nearly every day.  This panel will explore how these working relationships can be most effective.  Issues for discussion will range from how best to use consultants in a settlement negotiation to how to foster productive communication among the consultant, lawyer, and client while protecting confidentiality and privilege.

Special Events:

Tuesday, October 4th - The Honorable Chief Judge Curtis L. Wagner, Jr., ALJ Reception (separate registration required)

Wednesday, October 5th - Dinner with Commissioner Colette Honorable, Federal Energy Regulatory Commission (dinner fee included
with your full conference registration)

Thursday, October 6th - Women in Energy Breakfast included in the Forum register.  For non-registrants, there is a breakfast only registration of $15.  Space is limited.  For details contact EBA at 202.223.5625

Conference Location

The conference will be at the Renaissance Downtown Hotel. Click here to open in Google Maps.

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

Hotel Information

The hotel room block is now full.

Parking & Transportation Information

Information about daily parking rates and metro transit information are available here:

Registration Fees

Unless otherwise noted, registration fees include all meals, networking breaks, networking reception and meeting handouts.
Two-Day Conference Registration

Member Early Bird    
(Until Sept. 13, 2016)

Member Non-Member
Private Sector $955 $985 $1,275
Gov't/Student/Academic $400 $450 $550


One-Day Conference Registration

  Member Non-Member
Private Sector $650 $900
Gov't/Student/Academic $300 $330


Three Ways to Register:

  1. Online: Register Now
  2. Fax your completed registration form with payment to EBA: (202) 833-5596 
  3. Mail your registration form and payment to EBA, 2000 M St. NW, Suite 715, Washington, DC 20036  

The last day is register online is September 23. Registrations may still be delivered to EBA or faxed to (202) 833-5596 until September 30, 2016. After September 30th, all registrations must be done on-site at the meeting registration desk. Pre-registration lists will be available shortly.

To learn more, please contact:

Please contact EBA at 202.223.5625

Conference Policies

The deadline for receipt of Early Bird registration is September 13, 2016. Conference registrations will only be accepted when accompanied by a check, money order, government purchase order/training form or credit card information and may be limited by the capacity of the facilities. Registrations will not be held without payment.

Cancellation Policy

Refunds will be given to registrants who submit written cancellation request to the Energy Bar Association, 2000 M Street, N.W., Washington, DC 20036 by September 23, 2016 or by sending a written cancellation request by email to Marlo at   Please be advised that there is a $50 administrative fee for cancellations.  No refunds will be given after September 23, 2016.  The cancellation policy also applies to registrations that are received and accepted after the deadline date.  (If cancellation is requested after deadline and accepted, there will be a $100 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.

Continuing Legal Education (CLE)

MCLE accreditation has been (or will be) requested from states with general MCLE requirements. Each state has its own rules and regulations regarding "CLE". For questions on CLE email To assure accreditation, the necessary CLE information must appear on your registration form. If this information is not provided, we cannot guarantee receipt of credit. Only registered attendees are eligible for CLE.


By registering for this conference, you authorize EBA the right to use any photographs taken of you during the course of the conference. Photographs may be used in promotional materials or stories that appear in professional publications and websites.


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