EBA Update, 2016 Q4

In This Issue

EBA’s What’s Ahead


FERC Deputy General Counsel David L. Morenoff Revels in Position

He Relishes his Role in the Agency Consistently Ranked at the Top of Job Satisfaction

By Gary Guy and David Connelly

On the day before Thanksgiving, the FERC Office of General Counsel’s Deputy General Counsel David L. Morenoff graciously welcomed your team of interviewers Gary E. Guy and David Martin Connelly (aka “Frank Blair and Steve Bell”) to his offices for an in-depth and candid interview.

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Executive Director’s Message

What EBA values and why energy professionals value EBA

As we close another year, this is traditionally a time of giving thanks and reflecting on our professional and personal lives. I want to give thanks to all the members of EBA who make it function successfully, who volunteer their time on its Board, committees, chapters, two foundations and the events that truly make EBA a community of connections. Without the many EBA members who make themselves available to chart our course and make our events thrive, EBA could not exist.

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It's the Season to Renew Your EBA Membership

EBA's annual membership renewal drive has begun and we invite you to renew your membership. Why is membership with EBA so valued by 2,500 energy professionals throughout the U.S. and in more than a dozen countries? Because EBA is the only association dedicated to the energy law profession with unique networking, training and knowledge sharing events. EBA is where you enjoy access to key national and state energy policymakers who make EBA’s meetings a mandatory part of their calendars. EBA is where you receive discounts for Continuing Legal Education and On-Demand programs that fulfill your training and learning requirements. EBA is where you find networking opportunities with energy practitioners, technical and subject matter experts and potential clients that can build your practice and enhance your career aspirations. EBA is where you get thought leadership opportunities to enhance your reputation.

Each day of the year, energy professionals leverage their EBA membership to make connections, develop relationships, share information and build business opportunities. Making a small investment in yourself is an investment in your future. Your membership renewal is vital to helping EBA continue to make these events and programs available to you. During EBA’s membership renewal period, make it a point to renew and enjoy these benefits throughout 2017. And, while you are renewing, please consider a contribution to CFEBA and FELJ to support the work of these valuable foundations. Don't delay. Renew today.

Renew Your EBA Membership Here

For New Memberships

EBA's What's Ahead

1.      EBA Calendar of Events

  Date Event Location
  Jan. 12, 2017 EBA Energizer: Trends in NRC Litigation, an ASLBP Perspective Washington, DC
  Jan. 19-20, 2017 EBA Primer Series: Electricity Reliability Atlanta, GA
  Feb. 23-24, 2017 2017 EBA Western Chapter Annual Meeting San Francisco, CA

March 6-7, 2017

2017 EBA Midwest Chapter Annual Meeting Milwaukee, WI
  March 15, 2017

EBA Enforcers and Defenders Forum

Washington, DC
  April 3-4, 2017 2017 EBA Annual Meeting & Conference Washington, DC


2.      Register for the 2017 EBA Primer Series: Electricity Reliability

Do you know what you need to know about how electricity reliability is governed in the U.S.?

In this important 2017 EBA Primer Series: Electricity Reliability on January 19-20, 2017, EBA's faculty will provide an overview of the key regulatory provision, Section 215 of the Federal Power Act, and the chief reliability regulator, the North American Electric Reliability Corporation (NERC). The discussion will include NERC's relationship with reliability regions and regulated entities, instruction on drafting and adopting mandatory and enforceable reliability standards, and compliance and enforcement. Our program will conclude with a review of special topics, including cyber- and physical security. CLE credits are available in this EBA Primer. Travel to Atlanta is simple and easy and the event requires only one overnight stay.

Learn more and click here to register


3.      2017 EBA Annual Meeting

Mark your calendar for the Energy Bar Association’s 2017 Annual Meeting & Conference on April 3-4 at the Renaissance Downtown Hotel in Washington, DC. Many exciting events are forthcoming such as luncheon speaker former Solicitor General Donald Verrilli, Jr. discussing the Affordable Care Act and marriage equality litigation before the Supreme Court.

This event will provide two full days of discussions focused on the legal issues related to all aspects of energy law. Hundreds of regulatory officials, attorneys, non-attorney professionals, and students active in all areas of energy law, including antitrust, international energy transactions, legislation and regulatory reform, electric utility regulation, alternative dispute resolution, finance and transactions, and environment and public lands at federal, state, and international levels will be in attendance.


EBA’s Annual Meeting is approved for approximately 10-15 hours of MCLE credit, and an additional 1.5 hours of ethics credit. New events are being scheduled regularly and registration information will be available soon.

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Do You Need CLE Credits Before the Year Ends? It’s Easy, Get Them on Your Desktop via EBA’s On-Demand Programs

The Energy Bar Association's (EBA) On-Demand Programs provide you content from subject matter experts on a range of energy industry issues relevant to you and your practice. EBA, in partnership with West LegalEdCenter, has developed a library of on-demand program recordings for purchase, download and to listen to when you it meets your busy schedule. Many programs include Continuing Legal Education (CLE) credits.

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EBA Honors FERC’s New Chief Judge Carmen Cintron

The Federal Energy Regulatory Commission's (FERC) new Chief Judge Carmen Cintron was honored in a reception organized by the Energy Bar Association (EBA) and hosted by Dentons US LLP on December 6, 2016 in Washington, DC. Chief Judge Cintron was promoted from Acting Chief Judge by FERC Chairman Norman Bay in October 2016.


(Pictured from left, FERC Chief Judge Carmen Cintron and EBA President Emma Hand)

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EBA Social Media Channels Share News You Need


Information is the key to any successful practice. Did you know that EBA now provides you with another news source specifically on energy industry issues? Take a moment to skim news content EBA shares via its LinkedIn and Twitter channels. Let us help you stay on top of issues that matter to you and your clients by "following" us.

Energy Law Journal:  Excerpts from Past Issues

Ten Years Ago

“As of late, ‘liberalization’ and ‘regulation’ of electricity markets have devolved into expressions of largely inflated use, perhaps the safest and fastest way for those expressions to become meaningless.  But, properly understood, these terms remain meaningful, reflecting a fundamental change in the legal framework designed for energy markets; a change which started in the U.S. and which now, after some delay, is occurring in Europe as well.  Liberalization, for purposes here, refers to the abolition of the rights of monopolies, rights which accorded European and U.S.-American energy supplier’s protection against competition.  Regulation, as used here, has a double meaning.  First, it relates to measures taken or enacted to ensure competition in liberalized (energy) markets.  In this respect, regulation constitutes a type of sector-specific competition law, adjusted to meet the economic and technical characteristics of the various energy markets.  Second, regulation makes it possible to take account of the fundamental importance of secure and reliable energy supply for the public welfare.”

Prof. Dr. Thomas von Danwitz, Regulation and Liberalization of the European Electricity Market – a German View, 27 ELJ 423 (2006)

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Chapter Updates

Western Chapter

On October 24, 2016, the Western Chapter and the University of San Francisco co-sponsored Community Choice: Implications for California’s Energy Future. The session focused on the recent trend toward community control and how local governments have opted to create community choice aggregators (CCAs) in order to advance renewable energy and enhance local control. Panelists included Mitchell Shapson of the California Public Utilities Commission, Shalini Swaroop of Marin Clean Energy, and Sienna Rogers of Pacific Gas & Electric Company. The panel noted CCAs create their own portfolios of energy generation sources and then work with local utilities to deliver the power to customers. They also discussed challenges associated with CCAs.
The Western Chapter is currently working on its Annual Meeting which will be held at the Palace Hotel in San Francisco on February 23-24, 2017.
On October 18, 2016, the Midwest Chapter, New Orleans Chapter and EBA’s Oil and Gas Committee hosted an EBA Energizer on Oil Market Developments and Pipeline Siting Challenges via a live webinar where panelists participated from Chicago, New Orleans and by teleconference. Panelists focused on market developments driving oil pipeline and terminal projects, including the infrastructure needed to get production to markets in the United States or overseas. Panelists also reviewed federal versus state jurisdiction over oil pipeline siting, environmental review requirements, state certificate processes and the use of eminent domain. The event was followed by a networking reception in the offices of Steptoe LLC in Chicago. 
On November 2, 2016, the Midwest Chapter hosted a panel discussion on FERC Order No. 1000: A Five-Year Checkup. Moderated by Bert Sturtevant of Whitt Sturtevant LLP, panelists debated the effects of Order No. 1000 five years after implementation and shared perspectives about its future impact. The event was hosted by Polsinelli LLC in Chicago and was followed by a networking reception sponsored by American Transmission Company LLC.  
The Midwest Chapter is now working on its Annual Chapter Meeting, which will be held in Milwaukee, Wisconsin on March 6-7, 2017.
The Houston Chapter held a networking reception on October 12, 2016 at 13 Celsius in Houston, TX. The event was sponsored by King & Spalding LLP, and attendees enjoyed an evening of hors d'oeuvres, cocktails and networking with Houston-area energy professionals.
The Southern Chapter will host a networking reception in conjunction with the 2017 EBA Primer Series: Electricity Reliability on January 19-20, 2017, Atlanta, GA.

Key Energy Issues Debated at Third Annual Canadian Forum

Is competitive transmission working? What is the future of customer-owned generation? What are the challenges of enforcing market rules for regulators? Those were some of the key issues debated at EBA's third annual Canadian Forum, held November 7, 2016 at the National Club in Toronto, Ontario.

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Welcome to New EBA Members and Congratulations to EBA Ambassadors

EBA wants to extend a warm welcome to new members who joined in October and November 2016:

Joining Houston Chapter
Caroline Courtney Stewart, Stewart, Vinson & Elkins LLP
Joining Southern Chapter
Jennifer Li
Joining Northeast Chapter
Meghana Aggarwal, Georgetown University Law Center
Renee M. Lani, University of Maryland
Sophia M Browning, Georgetown University Law Center
Hunter S. Cox, Van Ness Feldman LLP
Jacob Zygmunt Derewenda, Boston College
Meghan Claire Hammond, Pillsbury Winthrop Shaw Pittman
Katherine O'Konski, Spiegel & McDiarmid LLP
Jeffery Riles, Enel
Lourdes Rincon, Georgetown University Law Center
Robert B. Ross, Pillsbury Winthrop Shaw Pittman LLP
Patrick Jensen, The Kenrich Group
Joining New Orleans
Sara C. Charlton, Tulane Law School
Collin Melancon, Liskow & Lewis
Catherine S. Napolitano, Liskow & Lewis
Stephanie M. Brown, Tulane Law School
Xiani Du, Tulane Law School
Robert T. Tornillo, Tulane Law School

EBA also extends congratulations to EBA Ambassadors for October and November 2016: Dana Shelton, Andrew Weissman, Emily Hammond, Farhad Mirzadeh and Michael Postar. These EBA members were instrumental in getting new members to join EBA in the last two months.

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Spotlight Member for Winter 2016

The Spotlight Member for the EBA Update Winter 2016’s edition is Daniel Frank, a Partner at Sutherland Asbill & Brennan LLP. Daniel is the dean of EBA's Primer series.

EBA Update: How did you get into energy law?

DF: Dumb luck. If I had had my druthers, I would have gone into telecommunications law, which was the big thing back when I started with Sutherland. As it turns out, there was not a place for me in the firm’s telecomm practice, so they put me in the energy group. Like I said, how lucky for me!

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CFEBA News: Every Day, 900 Children Die

Every day, 900 children die from water-borne diseases. That is one child, every two minutes. The Charitable Foundation of the EBA (CFEBA) wants to make that tragedy a thing of the past. In 2017, CFEBA is focusing its effort to fund a life-changing solar water pump and drip irrigation project for a rural Ugandan village. In partnership with Innovation: Africa, a nonprofit that has helped over a million people in 100 sub-Saharan villages across seven countries through this initiative, the project will help these Ugandans access clean water for the first time.

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CFEBA News: Low-Income Health Care and Human Services Provider in Boston Aided by CFEBA

(Mark Kalpin, CFEBA Board Member presenting a grant check to Dimrock Center President and CEO Myechia Minter-Jordan.)

CFEBA has given the Dimock Center, which provides low-income Bostonians health care and human services, an $11,414 grant to replace its outdated air conditioning system.

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FELJ News: Benson Honored for ELJ Service

(Pictured from left to right, Glenn L. Benson and Bob Fleishman)
Glenn L. Benson was honored by the Foundation for the Energy Law Journal (FELJ) for his 11 years of service as Business Manager for the Energy Law Journal (ELJ) on Thursday, December 1.  Bob Fleishman, Editor-in-Chief of ELJ, and Lisa Gast, FELJ President, presented Glenn with a plaque memorializing the organization’s appreciation for his essential contributions. From all at FELJ, thank you Glenn! 
EBA Diversity Policy Statement: 
The Energy Bar Association is committed to the goals of fostering an inclusive and diverse membership and increasing diversity across all levels of the Association, so as to reflect the diversity of the energy industry and the Nation as a whole. Attorneys, non‐attorney professionals in the energy field and law students are welcome to join our ranks regardless of race, creed, color, gender, ethnic origin, religion, sexual preference, age, or physical disability and are encouraged to become active participants in the Association’s activities.