Mark your calendar for the Energy Bar Association’s 2018 Annual Meeting & Conference! The May7-8th event will provide two full 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 Annual Meeting welcomes 600 attendees and is approved for approximately 10-15 hours of MCLE credit, and an additional 1.5 hours of ethics credit.
Sponsorships and Exhibiting
Please visit the 2018 Marketing Opportunities page for information about sponsorships and exhibiting.
Meeting HashTag: #EBA2018AnnualMeeting
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 #EBA2018AnnualMeeting hashtag.
Sunday, May 6, 2018
6:00-8:00 pm EBA Book Club Meet - Up
All are welcomed to join us for this pre-conference, free meet-up, to discuss Encounters with the Archdruid by John McPhee. It is not required that you read the book in advance. Enjoy some networking before the Annual Meeting begins. For more information and to RSVP, visit: EBA Book Club Meet-up
Monday, May 7, 2018
8:00 am - 6:00 pm Registration Open All Day
8:00 am - 9:00 am Continental Breakfast & Exhibits
9:15 am - 10:30 am Opening Welcome and General Session
Robert A. Weishaar, Jr., President, Energy Bar Association
General Session: CEO Forum
As oil and gas companies adjust to changes in market conditions, new technology and the regulatory environment, hear from a panel of major energy company CEOs on their strategic vision and the future of the oil and gas sector.
Moderator: Mark R. Haskell, Partner, Cadwalader, Wickersham & Taft LLP
Panelists: Orlando A. Alvarez, President and CEO, BP Energy Company
Andrew J. Black, President and CEO, Association of Oil Pipe Lines (AOPL)
Crystal Heter, President and General Manager, Rockies Express Pipeline at Tallgrass Energy
10:30 am - 11:00 am Coffee Break
11:00 am - 12:15 pm Concurrent Session
Session A: Diversity: It's Good for the Energy Business
A panel of Energy Industry Professionals will make the case as to why diversity is good for business, good for the bottom line, good for making effective and innovative corporate business and policy decisions, and good for obtaining and retaining the best work force.
Moderator: Carrie L. Bumgarner, Shareholder, Wright & Talisman, PC
Panelists: Carlos Brown, Vice President and General Counsel, Dominion Energy
Thomas S. O'Neill, SVP and General Counsel, Exelon Corporation
Laurie Dowling, Executive Director, National Utilities Diversity Council
Clinton A. Vince, Parnter, Dentons US LLP
Session B: State of Flux – Analyzing Recent Transmission ROE Decisions and the Impacts on Transmission Return on Equity
Former FERC Commissioner Suedeen G. Kelly will moderate a panel of attorneys from opposite trenches in two cases that will significantly impact the calculation of return on equity for transmission companies: CPUC v. FERC, decided by the Ninth Circuit on January 8, 2018 and Emera Maine v. FERC, decided by the D.C. Circuit on April 18, 2017. The panelists will discuss their involvement in the litigation of these significant decisions. They will share insights on the significance of the decisions for the calculation of transmission ROE and transmission investment and will discuss whether changes at FERC may (or should) be coming in light of the decisions.
Moderator: Suedeen G. Kelly, Partner, Jenner & Block
Panelists: Robert S. Kenney, Vice President - Pacific Gas & Electric
David E. Pomper Spiegel & McDiarmid LLP
Nina Plaushin, the Vice President for Regulatory, Federal Affairs and Communications with ITC Holdings Corporation
12:15 pm - 1:45 pm: Luncheon with Keynote Speaker
Join the Energy Bar Association for a special recognition of our volunteers and VIPs and an engaging conversation with Joseph Kessler, EVP and COO, NY Power Authority, as he shares his experiences during several visits to Puerto Rico to assist in recovery efforts.
EVP and Chief Operating Officer
NY Power Authority
2:00 PM - 3:15 pm: Concurrent Sessions
Session A: New Tax Law and its Impact on Rates
Join industry, regulatory, and legal experts as they discuss how the recently passed Tax Act may impact ratemaking for interstate natural gas pipelines, liquids pipelines and electric transmission utilities.
Our panel will address:
- What tax law changes will impact cost of service rate making
- Possible FERC actions e.g. rulemaking, rate cases, orders to show cause
- Difference in approaches for natural gas, liquids pipelines and electric transmission utilities
- Rate issues such as: Tax allowance, MLP issue, Deferred taxes, Discounted and negotiated rates
- How rate risk may vary by company
Moderator: Gary Kruse, Director, Pipeline Markets, LawIQ
Speakers: Robert S. Mudge, Principal, The Brattle Group
Aaron Nocjar, Partner, Steptoe & Johnson
Calvin (Drew) Cayton, Senior Regulatory Consultant, Kinect Energy Group
Session B: Energy Mergers & Acquisitions in the Electricity Market
In 2016, FERC issued a Notice of Inquiry in Docket No. RM16-21 which, among other things, proposes certain significant modifications to its Section 203 market power determination standards to increase their flexibility, adopt additional aspects of DOJ/FTC analytical methods, streamline and reduce the burden of certain analyses, and serve other functions. For example, FERC has proposed, and commenters have proposed or opposed, additional market power analyses and changes to the treatment of purchased power agreements. The importance of these analytical methods and their proposed modifications to electricity market operation cannot be overstated. This panel will debate FERC’s proposals and the additional concepts offered by industry members in response to FERC’s request.
Moderator: Eric Korman, Vice President, Analysis Group
Speakers: Mark Niefer, Deputy Chief Legal Advisor, Antitrust Division, Department of Justice
Amery Pore, Economist (OEMR), Federal Energy Regulatory Commission
Cindy Bogorad, Partner, Spiegel & McDiamid
Mike Naeve, Partner, Skadden, Arps, Slate, Meagher & Flom
3:15pm – 3:45 pm: Coffee Break
3:45 pm - 5:00 pm: Concurrent Sessions
Session A: Clean Water Act Section 401 – Guardian of Water Quality or Political Hammer?
Pipelines deliver a lot more than oil and gas these days. In recent years, they have carried legal controversy by the ton. Today’s pipeline projects face opposition from an active and multiplying number of stakeholders, including environmental groups, landowners, and state governments. That opposition has made the environmental permitting process more complex, contentious, and influential than ever, with effects spilling over onto other large infrastructure projects.
This roundtable session will feature key agency participants from the Corps, EPA, and FERC and will examine the environmental permitting challenges facing pipeline developments. In particular, it will analyze the challenges posed by section 401 of the Clean Water Act, a still-evolving—and vigorously contested—provision that makes federal approvals dependent on the granting of state water certifications or waivers.
In this difficult climate for energy construction projects, we will discuss best practices for navigating the regulatory process through the lens of recent cases studies; including several major projects have faced section 401 certification challenges.
Moderator: Monique Watson, Of Counsel, Steptoe & Johnson
Milton Boyd, Assistant Chief Counsel for Litigation and Administrative Disputes, Headquarters of the U.S. Army Corps of Engineers
John Katz, Deputy Associate General Counsel, Federal Energy Regulatory Commission
Jim Messenge, Partner, Gordon Rees Scully Mansukhani
Session B: FERC Enforcement 2018 and Beyond: Update, Analysis and Perspectives
With a newly-constituted Commission, court decisions on federal district court procedures in civil penalty assessment actions, and years since the Commission has issued an Enforcement policy statement, will (and should) FERC make changes to its Enforcement process? If so, what kinds of things may change and what does it mean?
What, if any, impact will the current administration’s regulatory reform initiatives have on the Enforcement program? Are there implications for how the agency thinks about its anti-market manipulation authority?
Aside from cases of alleged market manipulation, what sorts of issues should market participants and counsel have on their radar screens? And are there types of technical violations that might be better handled through processes that do not involve a full-blown enforcement investigation?
Moderator: Donna Byrne, Counsel, Skadden, Arps
David Applebaum, Partner, Akin Gump
Todd Mullins, Partner, McGuireWoods
Martin Ramirez, Managing Director, Compliance Counsel, Freepoint Commodities, LLC
5:00 pm - 6:00 pm: LGBT Meetup
LGBT Power Meetup is a group of energy professionals (and LGBT allies) to socialize at/around EBA conference time. Please join the group for a Dutch treat meetup at the Renaissance Lobby Bar. All are welcome and you do not need to be registered for the Annual Meeting to attend this meetup.
5:30 pm – 9:00 pm: CFEBA Annual Fundraising Gala
The CFEBA Annual Fundraising Gala* Light & Hope for Puerto Rico, will be held on May 7, 2018 at the Renaissance Downtown Hotel in Washington DC, immediately following the first day of the EBA Annual Meeting and Conference.
Gala Attire: Business or Festive
*Separate registration required. For information and to purchase tickets follow this link.
TUESDAY, MAY 8, 2018
8:00 am - 5:00 pm: Registration Open All Day
8:00 am - 9:00 am: Continental Breakfast & Exhibits
8:15 am - 9:00 am: New Member Coffee Meet Up
- New Member and First-Timer Coffee Meetup, Tuesday, May 8, 8:15 AM - 9:00 AM, 15th Squares Restaurant, Renaissance Downtown Hotel Lobby
9:00 am - 10:30 am: General Session: The Future of the Energy Industry from the States View
State utility commissions are on the front lines of innovative energy issues and challenges. This panel of distinguished state utility commissioners will be asked to address key issues as far reaching as fuel diversity, reliability, resilience, affordability, distributed energy, microgrids, cyber security, natural gas pipelines, clean energy, environmental challenges, renewable energy standards, nuclear subsidies, pricing carbon, energy storage, off-shore wind and related policy and rate design issues. Share in different visions of the future for which the seeds of fundamental change are being planted in the States.
Moderator: Lauren "Bubba" McDonald, Chairman, Georgia Public Utility Commission
Gladys Brown, Chairman, Pennsylvania Public Utility Commission
Talina R. Mathews, Commissioner, Kentucky Public Service Commission
Dan Lipschultz, Commissioner, Minnesota Public Utilities Commission
Swain E. Whitfield, Chairman, South Carolina Public Utility Commission
10:30 am - 11:00 am: Coffee Break and "Committee Huddle"
During this break, stop by and visit with leaders of EBA's various committees. Learn about the goals of each committee and how you can volunteer to help. Its a great time to mingle and volunteer!
11:00 am - 12:15 pm: Concurrent Sessions
Session A: Building Across Boundaries: Developing Energy Projects On Or Near Tribal Lands And Resources
Indian Tribes and energy project developers are increasingly interested in working cooperatively on energy generation and infrastructure projects both on and near Indian lands. Developers of new transmission or pipeline projects, and solar and wind generation, on or near tribal lands have experienced mixed results in partnering with tribes. Also, recent court decisions have emphasized the challenges faced by electric utilities and pipeline companies as ROWs expire for existing infrastructure across tribal lands. Their experiences can provide useful case studies for understanding the issues and best practices for energy development that intersects with tribal interests, lands and resources. Notably, tribal consultation processes and tribal engagement are increasingly used as important tools in successful project development. This panel will explore the issues, strategies, and techniques that have produced successful outcomes.
Moderator: Jody Cummings, Partner, Steptoe & Johnson
Laura Abram, Director, Public Affairs, First Solar
Marion Werkheiser, Managing Partner, Cultural Heritage Partners
Rollie Wilson, Partner, Fredericks, Peebles & Morgan
Shaun Chapoose, Business Committee Member, Ute Indian Tribe
Session B: When Worlds Collide: Structured Products and Financial Transactions in Today’s Energy Markets
How are companies implementing hedging strategies and structured energy products to manage risk and position themselves competitively in the market, in the context of increasing regulations? Learn from our experienced panelists, representing a broad range of perspectives across energy companies and energy products. We will discuss considerations when choosing documentation, including advantages and disadvantages to using market standard agreements such as the EEI Agreement and NAESB Agreements, in contrast to the ISDA Agreement with Product Annexes. The panelists will highlight the features of customary financial transaction structures, including physical and financial hedging products, and structured transactions that include an embedded financing, such as prepaid forward and swap transactions, and intermediation arrangements. The panelists will share their views on strategies to implement effective compliance and risk oversight policies, and the challenges associated with oversight of these more complex structured financial transactions in the current regulatory environment.
Moderator: S Diane Neal, Faculty, University of Houston Center for Law
Vanessa Tanaka, Counsel, Willkie Farr & Gallagher
Edwin Nazario, Counsel, Reed Smith
Ricardo Alicea, Vice President, Associate General Counsel at Goldman Sachs
Stephen Smith, Jr., Director - Commodity Structuring, Wells Fargo Securities
12:15 pm - 2:00 pm: LUNCHEON - Annual Meeting and Keynote Speaker
During the luncheon, the Energy Bar Association will conduct its annual business meeting including the association elections and recognize EBA leadership. During the luncheon we will present the first Jason F. Leif Chapter Service Award.
Luncheon Speaker: Chairman Kevin J. McIntyre, Chairman, Federal Energy Regulatory Commission. Chairman Kevin J. McIntyre 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.
2:00 PM - 3:15 pm: Concurrent Sessions
Session A: The New Trend of Antitrust Cases In the Energy Sector
The recent rise of antitrust litigation in the regulated energy industry has some energy companies reevaluating the scope of the protections afforded by the Filed Rate Doctrine and State Action Immunity. This recent activity, has been marked by the Oneok v. Learjet litigation, including a 2015 U.S. Supreme Court decision on whether federal pre-emption should knock out state antitrust litigation; Solar City v. Salt River Project (scheduled for argument in front of the U.S. Supreme Court in March 2018); a case against Santee Cooper which was summarily dismissed by the district court and recent allegations against Avangrid and Eversource related to vertical market power. The cases involve both the electric and natural gas industries. Panelists will discuss these and other cases and share perspectives on the significance of this increase in antitrust litigation, including to how it impacts regulated utilities, Federal and state regulation and the energy markets.
Moderator: Max Minzner, Jenner & Block, Former FERC General Counsel
Michael O’Connor, Associate General Manager and Chief Legal Executive, Law & Human Resources, Salt River Project
R. Scott Mahoney, SVP - General Counsel, Secretary & Chief Compliance Officer, AVANGRID, Inc.
Richard Lorenzo, Chair, Antitrust Practice; and Co-Chair, Energy Practice, Loeb & Loeb
Session B: Ethical [and Other] Issues Posed by Whistleblowers in Internal Investigations [& Compliance Programs] ETHICS CLE
This panel will explore how the involvement of a whistleblower can impact an internal investigation and how the possibility of whistleblower allegations can inform company compliance programs. Panelists will include representatives from the Commodity Futures Trading Commission’s Whistleblower Office, the Federal Energy Regulatory Commission’s Enforcement Division, the private bar, and in-house compliance counsel. The panel will discuss ethical considerations involved in investigating whistleblower claims, including how to determine when and what to report to regulators, and in crafting compliance programs. The CFTC’s recently updated Whistleblower Program Rules and advances technology and data analytics will help frame the discussion. The panelists plan to use hypothetical fact patterns to make the discussion interactive, exploring with audience members how counsel advising energy companies should ethically handle these internal whistleblower issues.
Jeremy Medovoy, Attorney-Advisor (Acting Chief of Branch 3), Division of Investigations, Office of Enforcement, FERC
William Durbin, Senior Counsel, Whistleblower Office, Division of Enforcement, CFTC
Charles R. Mills, Partner, Steptoe
Jordan A. Thomas, Partner, Labaton Sucharow
3:15 pm - 3:45 pm: Coffee Break – EBA TED TALK
Holistic Look at the Impact of New Technology in the Power Industry: An overview of the new technology being used in the power markets and what that means for price signals and market design.
Peter Esposito, Principal, Crested Butte Catalysts
Justin Martin, Associate General Counsel, Electric Power Research Institute
3:45 pm - 5:00 pm: Closing General Session: FERC Former Chairs Panel
This panel will provide unique insight into U.S. energy markets and infrastructure development opportunities from past FERC Chairs. This panel promises to be a lively conversation with strong audience involvement through Q&A. Please Note, this panel would like to receive your questions BEFORE the conference. Please email questions to: email@example.com or use the meeting app. Note in the email subject line: "Question for FERC Former Chair Panel." The Panel will frame their conversation around the following topics:
- Prospects for reform of FERC natural gas pipeline regulatory policy, including review of the certificate policy statement, efforts to improve the timeliness of FERC review;
- Gas regulation issues, power generation and competition at the retail level;
- Explore concepts of energy federalism with three pivotal cases that delineate the boundary between state and federal jurisdiction: Oneok, EPSA, and Hughes and consider potential impacts on state and ISO/RTO market programs.
- Increasing trends and capability of alternative transmission solutions, including the transmission planning and compensation process, the legal obligations on the ISO/RTO’s through federal legislation and regulation to consider alternative transmission solutions.
- Expansion of the bulk power system, transmission growth and resulting benefits, including jobs, access to lower cost generation, grid reliability and resiliency, delivery of renewable energy and environmental benefits.
Moderator: Honorable Lawrence Brenner
Honorable James Hoecker (1997-2001)
Honorable Patrick Wood, (2001-2005)
Honorable Joseph Kelliher (2005-2009)
Honorable Jon Wellinghoff (2009-2013)
Honorable Norman Bay (2015-2017)
4:00 pm – 5:30 pm: EBA Committee Leadership Orientation
5:00 pm- 6:00 pm - Farewell Reception
Thank You to Our Closing Reception Sponsors:
Stinson, Leonard, Street LLP
Troutman Sanders LLP
Don't miss this last chance to visit with colleagues and new friends. We will host a brief closing reception to allow you a final time to bid farewell until next time.
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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.
Sunday, May 6 - EBA Book Club
Monday, May 7 - LGBT Meetup
Monday, May 7 - Charitable Foundation EBA Annual Gala
Tuesday, May 8 - New Member and First Timer Meeting Up
Tuesday, May 8 - Farewell Reception
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 $309 per night. The block cut off is April 10th. Please reserve your room before April 10th. To make your reservation visit: https://aws.passkey.com/e/49485728
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 10-15 hours of MCLE credit, and an additional 1.5 hours 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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Thanks for your interest in this event, registration is now closed for this event, however you may register on-site at the EBA's Annual Meeting & Conference.
2018 Annual Meeting Registration Form
To learn more, please contact EBA, (202) 223-5625 or by email at Mary@eba-net.org.
THE DEADLINE FOR RECEIPT OF EARLY-BIRD REGISTRATION IS APRIL 13, 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. Attire for the CFEBA Gala is business attire or festive.
Persons in need of special accommodation should inquire with Lisa Levine, Chief Executive Officer, firstname.lastname@example.org at the EBA office.
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 April 15, 2018 or by sending a written cancellation request by email to Marlo at email@example.com. Please be advised that there is a $50 administrative fee for cancellations. No refunds will be given after April 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.
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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