Forum Program Overview
Mark your calendar for the Energy Bar Association’s 2018 Mid-Year Energy Forum, October 29-30! The Forum will provide 1.5 days of discussions focused on the legal issues related to all aspects of energy law. Attendees will include 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. Each year, the EBA Forum welcomes 450 attendees and is approved for approximately 6-10 hours of MCLE credit, and an additional 1 hour of ethics credit.
Registration FORM PDF
Sponsorships and Exhibiting
Please visit the 2018 Marketing Opportunities page for information about sponsorships and exhibiting. For information on sponsoring and exhibiting please contact: Jordan Weiss, Manager, Strategic Partnerships, JWeiss@EBA-Net.org
Meeting HashTag: #EBA2018EnergyForum
Want a great way to say you're excited to be attending or what you learned from a discussion or to share a picture from one of the events? Let everyone know by using the #EBA2018EnergyForum.
Monday, October 29, 2018
11:00 am - 6:00 pm Registration All Day
11:30 am - 12:30 pm: Regional Chapter Caucus - All are welcome
Stop by and learn what your regional chapter is doing to provide you with outstanding membership benefits, meet others from your chapter and consider raising your hand to volunteer.
12:00 pm -1:00 pm Special Event: New Member Meet Up
New members, stop by to meet EBA's Membership Committee and Board of Directors.
1:00 pm - 2:30 pm Opening Welcome and General Session
EBA Welcome - Matthew Rudolphi, President, EBA
General Session: New Tech, Aging Regs
After decades of over-promising and under-delivering, accelerating technology advances are about to change the way we produce, transmit and consume power. What are the most promising technologies?
What impact might they have on load, transmission and power consumption patterns? Will their impacts be disruptive, or incremental and synergistic? Does the regulated utility model thwart or welcome the development and deployment of new technologies? What should we do to encourage the deployment of new technologies? How do we avoid unintended consequences?
Moderator: Peter Esposito, Principal, Crested Butte Catalysts LLC
Nora Brownell, ESPY, Energy Solutions, LLC
Mark Jamison, Director and Gunter Professor, Public Utility Research Center, University of Florida Warrington College of Business Administration
Hannah Polikov, Senior Director, Public Utility Commission Program, Advanced Energy Economy
Susan Pope, Managing Director, FTI Consulting
Gregg Rotenberg, CEO, Smart Wires Inc.
Kelly Speakes-Backman, CEO, Energy Storage Assoc.
2:30pm – 2:45 pm: Coffee Break
2:45pm - 4:00 pm Concurrent Sessions
Session A: Natural Gas Act Discussion/Policy Statement Forum
On April 19, 2018, FERC opened a Notice of Inquiry (NOI) into whether, and if so, how, it should revise its 1999 Natural Gas Policy Statement, which guides FERC’s review of applications for new interstate natural gas infrastructure. Comments were due on July 25, 2018. The NOI focused on (a) FERC’s determination of need; (b) FERC’s consideration of eminent domain; (c) FERC’s consideration of environmental impacts; and (d) FERC’s administrative process. FERC received thousands of comments from a wide variety of groups, including pipeline developers, shippers, trade groups, unions, Native American tribes, environmental organizations, landowner organizations, think-tanks, academic research centers, and individuals. This session brings together a cross-section of these communities for a lively and thoughtful debate, with a focus on the need, landowner, and environmental aspects of FERC’s review. This session will be interactive. The panelists will talk to one another and will seek to address prepared moderator questions, as well as audience questions.
Moderator: Andrea Chambers, Partner, DLA Piper
Ryan Emanuel, Lumbee Tribe of North Carolina Member and Associate Professor of Environmental Science at NC State University, NC State University
Gillian Giannetti, Attorney, Natural Resources Defense Council
Randy Rucinski, Deputy General Counsel, National Fuel
William Lavarco, Senior Attorney, NextEra Energy Resources, LLC
Session B: The Resilience Imperative: What we mean, who's in charge, and who should pay?
Concern for resilience of the electric grid became headline news following damage done by hurricanes Sandy, Katrina and Harvey. Attention to the issue of fuel security at the federal level grew dramatically with the Notice of Proposed Rulemaking filed by the Department of Energy (DOE) in FERC Docket No. RM18-1, and FERC's ensuing consideration of issues in RTO markets in Docket No. AD18-7. The potential for direct action by DOE under the Federal Power Act and The Defense Production Act of 1950 has also been raised. What is the path to ensure the resilience of power supplies?
This timely panel will consider: (1) the state of play in these interlocking proceedings; (2) the statutory authority under which DOE and FERC are being asked to act; (3) the roles that RTOs, NERC, utilities and the states may or should play; and (4) questions regarding how investments in resilience should be prioritized and funded.
Candice Castaneda, Counsel, Legal and Regulatory, North American Electric Reliability Corporation
William (Bill) Scherman, Partner, Gibson Dunn & Crutcher
Kim Smaczniak, Attorney, Earthjustice
Derek Bandera, Executive Director of Federal Regulatory Affairs, MISO
4:00pm – 4:15 pm: Coffee Break
4:15 pm - 5:30 pm: Concurrent Sessions
Session A: PURPA Revisions
Proposals to revisit the Public Utility Regulatory Policies Act (PURPA) frequently assume that new approaches will require Congressional action. But FERC exercised considerable discretion when it issued its regulations implementing PURPA. Under the law as it stands, what could FERC do to modernize its PURPA regulations? Even as FERC considers this question in Docket No. AD16-16-000, our panelists will offer their own distinct views and explore what changes, if any, they would make to FERC’s current PURPA regulations.
Moderator: Kenneth (Ken) Driver, Partner, Jones Day
Adam Benshoff, Executive Director, Regulatory Affairs, Edison Electric Institute
John P. Hughes, President & CEO, Electricity Consumers Resource Council
Kristine Raper, Commissioner, Idaho Public Utilities Commission
Session B: Prospects for Oil & Gas Pipeline Infrastructure Investments
When it comes to prospects for U.S. oil and gas pipeline infrastructure investments, the attention grabbing story right now is the Permian Basin. While production in other domestic basins require takeaway capacity, growth in Permian Basin oil production and associated natural gas and natural gas liquids is expected to drive new pipeline need for the foreseeable future. And, theoretically, there are billions of dollars of capital available to be deployed for midstream assets in the Permian and across the country. Against this backdrop of investment optimism is a mix of regulatory uncertainty. Recent actions by the Federal Energy Regulatory Commission have weakened prospects for Master Limited Partnership pipelines, a previously popular structure for funding infrastructure growth. Trade tariffs are threatening to raise the cost of and access to pipeline steel while unpredictable shifts in trade policy could upset access to foreign markets for U.S. production. Experts in energy project finance, pipeline commercial transactions, and market watchers provide their insights for Energy Bar Association members.
Moderator: Charles F. Caldwell, Partner, Caldwell Boudreaux Lefler PLLC
Christine L. Tezak, Managing Director, ClearView Energy Partners, LLC
James C. Baker, Director and President, Kayne Anderson Capital Advisors, L.P.
5:30 pm - 7:30 pm Special Event:
2018 Honorable Chief Judge Curtis L.Wagner Administrative Law Judges (ALJ) Reception
* Separate Ticket Required
The Honorable Chief Judge Curtis L. Wagner, Jr., ALJ Reception is hosted by the Foundation of the Energy Law Journal, a not-for-profit corporation established by the Energy Bar Association (EBA). The mission of the Foundation is to promote understanding of energy law through various activities such as funding and publishing the Energy Law Journal.
Location: Law Offices of Jones Day, 300 New Jersey Avenue NW, Washington, DC 20001
TUESDAY, October 30, 2018
7:00 am - 5:00 pm: Registration Open All Day
7:30 am- 8:30 am: Special Event: Women In Energy Breakfast
EBA will host the 3rd Annual Women in Energy Breakfast. The breakfast is included in the Forum registration but a separate RSVP is required to attend as space is limited. This breakfast brings together women in energy law to enjoy networking and share experiences and successes.
Speaker: Emily Fisher, Edison Electric Institute
8:00 am - 9:00 am: Continental Breakfast & Exhibits
9:00 am - 10:30 am: General Session: The Changing Electric Resource Mix: Adaptation and Anticipation
Utilities historically planned and developed their electric systems relying principally on coal, nuclear and often hydro generation to meet their base load needs. In today’s market, however, the mix of electric generation resources has evolved to something very different, with far greater reliance on natural gas and with significant growth of renewable resources, demand response, and emerging technologies, such as storage and smart grid improvements. These changes are the result of a wide range of factors. The changing resource mix offers many opportunities but also poses significant risks and challenges to the competitive market structures that have developed since restructuring. These changes have also accentuated tensions between state and federal regulators, and among a large cast of proponents of particular types of resources. Whether the end result will be an efficient balance of economic, operational and environmental factors that provides clean, reliable, low cost electric service remains to be seen. A panel of industry experts will discuss these issues from a variety of perspectives and will debate not only the factors driving the current resource mix and its impacts on markets, but also how to prepare for and respond to the changes still to come.
10:30 am - 11:00 am: Coffee Break
11:00 am - 12:15 pm: Concurrent Sessions
Session A: Ethics Session: Navigating Ethics in Enforcement Cases
The panel, including FERC enforcement staff, defense counsel, and DC Bar ethics counsel, will discuss the various ethical issues that may arise at each stage of a FERC enforcement investigation. The panel will discuss ethics issues involving business organizations as clients, joint representations, joint defense arrangements, appearing with witnesses for testimony, potential conflicts and withdrawing as counsel, and other matters. The panelists will share insights from their unique perspectives on how to navigate important ethical issues related to these situations, such as conflicts of interest, duty of candor, and duties owed to former clients.
Joseph Williams, Partner, Norton Rose Fulbright US LLP
Session B: Transmission Planning Policy For The Future
Twelve years after the Commission issued Order No. 679 and approximately seven years after Order No. 1000, it’s time to determine what’s next for transmission. With regard to merchant transmission development, it appears as though many projects have difficulty getting through the transmission planning process in a manner that makes sense for their bottom line. Conversely, as Commissioner Glick recently wrote, it may be time to revisit FERC’s approach to transmission incentives and to determine whether and how FERC’s approach is working consistently with Order No. 1000 to promote more efficient and cost-effective investment in the transmission system as well as non-transmission alternatives. Several commenters in the Commission’s resilience proceeding highlighted the role that transmission infrastructure plays in supporting resilience; should the Commission focus on resilience as it considers reforming policies incentivizing transmission development? This panel will create a platform for renewed discussion on the status of transmission planning and incentive policies.
Justin M. Campbell, Senior Vice President
Chief Development Officer, GridLiance
Jignasa Gadani, Acting Director, Office of Energy Policy and Innovation, Federal Energy Regulatory Commission
Larry Gasteiger, Chief, Federal Regulatory Policy, PSEG
Paul Dumais, Chief Executive Officer, Dumais Consulting
12:15 pm - 1:45 pm: Luncheon Speaker: Commissioner Richard Glick
Commissioner Richard Glick was nominated to the Federal Energy Regulatory Commission by President Donald J. Trump in August 2017 and confirmed by the U.S. Senate on November 2, 2017.
Before joining the Commission, Commissioner Glick was general counsel for the Democrats on the Senate Energy and Natural Resources Committee, serving as a senior policy advisor on numerous issues including electricity and renewable energy. Read more.
Presentation of the Paul E. Nordstrom Service Award and the EBA State Practitioner Award
2:00 PM - 3:30 pm: Concurrent Sessions
Session A: State / Federal Jurisdiction
The line between state and federal jurisdiction has been the recent subject of active litigation in multiple venues. At the Commission, parties have explored the question in the context of capacity market redesign, state programs, and the integration of demand response, energy efficiency, and distributed energy resources in the wholesale markets. In federal court, constitutional challenges are pending involving state programs on transmission and generation. Within the states, policymakers are reexamining their authority in light of the changing nature of the electric grid. This panel will explore these issues and the direction of state/federal jurisdiction going forward.
Moderator: Matthew Price, Partner, Jenner & Block
James Danly, General Counsel, Federal Energy Regulatory Commission
Colette Honorable, Partner, ReedSmith
Amanda Rome, Managing Attorney,Federal and State Regulatory, Xcel Energy
Session B: Trends in Energy Financing
Fund managers and investment firms could be facing competitive headwinds from heavyweight money managers in the coming years, as some of the largest retirement systems in the United States have begun studying a direct investment model for the asset class. California Public Employees Retirement System (CalPERS), California State Teachers’ Retirement System (CalSTRS), Employees Retirement System of Texas and Alaska Permanent Fund Corporation are all engaged in studies to become more involved in co-investments, separately managed accounts and direct investment models for infrastructure assets, with an incentive to save capital on expensive management fees and gain more experience with asset management. Canadians have employed the direct model for a long time, and successfully so - just recently the Canadian Public Pension Plan Investment Board (CPPIB) announced that they have saved over CAD 700m on management fees throughout 2017 by utilizing a direct investment model, highlighting the reward that comes with the pursuit and successful execution of the strategy. What does this trend means for the financing of energy projects in North America from LNG terminals, to utility scale & distributed energy renewable and gas projects to battery storage? A panel of highly credentialed, seasoned experts in energy financing in those multiple areas will lead us through this discussion aiming to ascertain what the future holds in an era of both distributed energy and a distributed equity investment framework.
Moderator: Frederic Brassard, Alma Global Infrastructure
Noi Spyratos, Vice President, Infrastructure, CBRE Caledon Capital Management
Jonathan Melmed, Partner, King & Spalding, Co-Chair of Private Equity Practice, Chair US Power & Infrastructure Practice, King & Spalding LLP
Sarah Fitts, Partner, Schiff Hardin LLP
3:30 pm - 3:45 pm: Coffee Break
3:45 pm - 5:15 pm: Closing General Session: Tariffs and the Potential Impact in International Energy Markets from NAFTA to Asia and the European Union
The U.S. imposition of a 25 percent tariff on imported steel was the first step in what has now become an ongoing puzzle of tariffs, retaliatory tariffs, complicated and slow processes to seek waivers, and the continuing uncertainty of volatile and aggressive trade policies among multiple nations. The puzzle is further complicated by the continuing efforts to renegotiate the North American Free Trade Agreement, with the uncertainty such efforts cast on North American cross-border transactions, and by all the other complex geopolitical dynamics changing simultaneously. Against this backdrop, the U.S. oil and gas industry is actively relying upon large quantities of imported steel in the form of pipelines and other facilities, at the same time that exports of U.S. oil and gas are ramping up sharply to nations engaged in the bilateral tariff struggle. What outcomes might be on the horizon for trade policy, to what extent might tariffs on imported steel frustrate the growth of infrastructure, and might retaliatory tariffs imposed by other countries put U.S. energy supplies at a competitive disadvantage? Last but not least, how can commercial parties protect themselves legally from all this uncertainty? A panel of highly credentialed, seasoned experts in international energy economic dynamics and commercial transactions will lead us through this labyrinth.
Moderator: Janna Chesno, Associate, Latham & Watkins LLP
Kevin Book, Managing Director, ClearView Energy Partners
David Lang, Partner, Baker & McKenzie LLP
Aaron P. Padilla, Senior Advisor, International Policy, API
5:15 pm - 6:00 pm - Special Event: LGBT Power MeetUp
5:45 pm - 8:30 pm - Special Event: Closing Reception and Celebration Dinner, Guest Presentation by Kevin J. McIntyre, Chairman, Federal Energy Regulatory Commission
Don't miss this last chance to visit with colleagues and new friends during this lively dinner which is always a crowd favorite! Your full conference registration includes dinner. For those only interested in attending the dinner, separate tickets are available for purchase.
The Mid-Year Energy Forum's Closing Celebration Dinner will feature FERC Chairman Kevin J. McIntyre as the closing night entertainment on October 30, 2018, 5:45pm to 8:30pm, Renaissance Downtown Hotel, Washington, DC. The Closing Dinner and Reception is a great opportunity to "mix and mingle" in an informal setting with the Commissioners and fellow EBA members.
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About the Speakers
EBA is pleased to present an outstanding, experienced line-up of panel and general session speakers. Learn more about them by viewing the Speaker Biographies.
Monday, Oct 29 - Regional Chapter Caucus
Monday, Oct 29 - New Member Meet Up
Monday Oct 29 - Honorable Chief Judge Curtis L. Wagner ALJ Reception
Tuesday, Oct 30 - Women In Energy Breakfast
Tuesday, Oct 30 - Closing Reception and Celebration Dinner with Guest Presentation by Kevin J. McIntyre, Chairman, Federal Energy Regulatory Commission
Tuesday, Oct 30 - LGBT Power MeetUp
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
EBA has reserved a room block at the Renaissance Downtown Hotel for $299 per night. The block cut off is September 20th. Please reserve your room soon. To make your reservation visit: https://book.passkey.com/go/EBAMeeting18
Parking & Transportation Information
Information about daily parking rates and metro transit information are available here: http://www.marriott.com/hotels/maps/travel/wasrb-renaissance-washington-dc-downtown-hotel/
Continuing Legal Education (CLE) Credit
Pending approval for 6-10 hours of MCLE credit, and an additional 1 hour of ethics credit. EBA has applied to the following states for MCLE and ethics, when appropriate: CO, FL, GA, IL, IN, KS, MN, OH, OK, OR, PA, TX, VA, WI. 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 EBA-CLE@eba-net.org. 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
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*REGISTRATION TYPE AND FEES: Mid-Year Energy Forum Registration fees include meals, Women In Energy Breakfast with RSVP and the Closing Reception and Dinner with RSVP, networking breaks, conference material and MCLE credit. Early bird registration fees end October 1.
Member Early Bird
(ends October 1, 2018)
|Private Sector - Attorney/Energy Professional
|Solo Practitioner/Small Firm- Attorney
|Conference Speaker, Closing Dinner
|Closing Dinner Only Ticket
|Multi Registration Discount*
*MULTI REGISTRATION DISCOUNT: For firms registering 5 people or more, at the same time, EBA will provide you a group discounted registration rate of $590 per person for the 5th person and beyond. Applies to Private and Energy Professional members only. All attendees in the group must be members.
To complete a group registration online and receive the discount, please use the following codes:
- For 5 attendees: MY18-EF5
- For 6 attendees: MY18-EF6
- For 7 attendees: MY18-EF7
2018 MID-YEAR ENERGY FORUM REGISTRATION FORM
To learn more, please contact EBA, (202) 223-5625 or by email at EBA@eba-net.org.
THE DEADLINE FOR RECEIPT OF EARLY-BIRD REGISTRATION IS October 1, 2018. 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.
Attire for the conference is business.
Persons in need of special accommodation should inquire with Lisa Levine, Chief Executive Officer, email@example.com at the EBA office.
Cancellation AND REFUND 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 October 15, 2018 or by sending a written cancellation request by email to EBA@eba-net.org. Please be advised that there is a $50 administrative fee for cancellations. No refunds will be given after Oct 15, 2018. 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.
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.
eba hardship policy
EBA offers eligible student, government, and academic members’ discounts on the rates for most EBA programs which carry CLE credits, including EBA’s Annual and Mid-Year meetings. EBA will, on a case-by-case basis, consider requests from members to attend EBA programs at discounted rates. Discount requests must be made to EBA’s office at least fifteen days prior to the close of regular registration for the program in question. Requests will be considered by EBA if timely and complete. Discount requests must demonstrate a substantial financial hardship. Please submit your request to firstname.lastname@example.org.
DIVERSITY & INCLUSION
The Energy Bar Association (“EBA”) is committed to the goals of fostering an inclusive and diverse membership and increasing diversity across all levels of the Association. Attorneys and energy professionals in the energy field are welcome to join our ranks, regardless of race, creed, color, gender (including gender identity or expression), sexual orientation, family and marital status (including pregnancy), family responsibilities, religion, national origin, age, personal appearance, political affiliation, veterans status, disability, source of income (government, solo, corporate, firm practice), or place of residence or business (geographic diversity) and are encouraged to become active participants in the Association’s activities.
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