2019 Annual Meeting & Conference

9:15 am - 10:30 am The Honorable Kevin J. McIntyre General Session: Climate Change: What Should We Do Now? 

Many recent reports say we are facing a crisis and many argue it is critical to act now. Do Federal laws or the Green New Deal have a shot? Which ones? Which states have the most promising initiatives? What pricing approaches (e.g., carbon taxes) make sense? Can we or should we regulate away from what many say is a precipice (e.g., RPS, CAFE, EEPS, DR)? How about individual company commitments and technological advancement – are they critical? Bottom line - can we afford it all, or can we afford just to take partial measures? Come prepared to engage on these issues.

Moderator: Steven Mufson, Reporter, Washington Post 

Panelists:  

10:30 am - 11:00 am   Coffee Break

11:00 am - 12:15 pm Concurrent Sessions

Session A:  The Disruptive Dynamics of Distributed Energy Resources

All indications are that we are moving to a system of more distributed energy resources (DERs). Development of home and community solar panels, microgrids, electric vehicles, and small-scale energy storage is rising. But what does this mean? How will system and utility planning need to change? What are the operational impacts and risks? How might regulators, costs and rates adjust? How quickly will investments shift, and will it differ by region? This session will highlight the complexity of orchestrating this shift to DERs, the need to anticipate that transition, and the means to manage it, without system disruption or undue costs. 

Moderator:  Greg Geller, Senior Director. Regulatory and Government Affairs, Enel X 

Panelists:

Gregg Dixon, CEO, Voltus
Abigail Anthony, Commissioner, Public Utilities Commission
Lamar  Davis, VP, MISO 
Wendy Stark, SVP, Legal and Regulatory Strategy & General Counsel, Pepco Holdings 

Session B: Will FERC (Finally!) Resolve Electric Transmission ROEs? 

In the fall of 2018, FERC addressed the D.C. Circuit remand in Emera Maine v. FERC in proceedings involving the New England Transmission Owners, MISO Transmission Owners, and several other transmission-owning companies. The resolution of these cases will significantly impact the way transmission ROEs are calculated. With the briefing in the New England and MISO proceedings set to end in April, the panelists will be poised to address: 

• FERC’s proposed ROE methodology 

• Litigants’ positions in the New England TOs and MISO TOs cases, including advocacy for additional changes

• How the financial industry views FERC’s proposal

12:15 pm - 1:45 pm:  Luncheon 

Speaker:  The Honorable Bernard L. McNamee, Federal Energy Regulatory Commission.

Join the Energy Bar Association for a special recognition of our volunteers and VIPs. During the luncheon, we will present the EBA President's Award.  The EBA President's Award is given occasionally to an individual that has made an extraordinary contribution to the profession or the development of energy law over a long career. For more information see President's Award. This year's recipient is Robert S. Fleishman, Partner, Kirkland & Ellis.

2:00 PM - 3:15 pm: Concurrent Sessions

Session A: Keep Your Practice Out of Jeopardy - It's all about ETHICS

This year, two teams of three energy practitioners will go head-to-head in a jeopardy-style legal ethics trivia challenge.  Be ready to cheer your favored team to a win in the following categories: “the client lawyer relationship,” “practice before FERC,” “oops I didn’t mean to upload that,” “conflicts of interest,”  and “new and improved.” Bar counsel and a FERC Administrative Law Judge will judge the responses and answer participant and audience questions.  Everyone wins in the end, by walking away with real answers from the experts on ethical challenges facing today’s energy practitioners.

Moderator: Sam Brumberg, Association Counsel, Virginia, Maryland & Delaware Association of Electric Cooperatives 
Jeopardy Contestants:
Adrienne Clair, Partner, Thompson Coburn LLP
Susan Olenchuk, Partner, Van Ness Feldman LLP
Emma Hand, Partner, Dentons US LLP
Jon Schneider, Partner, Stinson Leonard Street LLP
Matt Rudolphi, Shareholder, Duncan, Weinberg, Genzer & Pembroke, P.C.
Bob Weishaar, Member, McNees Wallace & Nurick LLC

Judges:

Saul Jay Singer, Senior Legal Ethics Counsel for the District of Columbia Bar
Chief Judge Carmen Cintron, Chief Administrative Law Judge, Federal Energy Regulatory Commission
Seth Guggenheim, Assistant Ethics Counsel, Virginia State Bar

Session B: LNG Exports

Export of LNG is substantially impacting both foreign and domestic markets for the supply and transportation of natural gas.  The process of developing such projects ties into domestic and foreign gas supply, and requires interconnection with domestic sources of natural gas supply and transportation, all of which can profoundly impact natural gas prices and associated transportation rates.   The federal regulatory overlays associated with these commercial issues can be complex.  An esteemed panel from will discuss current trends in LNG project development, how the federal regulatory process impacts such projects, and predictions for the future.  

3:15pm – 3:45 pm:  Coffee Break

3:45 pm - 5:00 pm:  Concurrent Sessions

Session A: RTO Governance:  The Board Perspective

Every RTO/Independent System Operator has established governance structures to meet their unique needs.  The Boards of Directors of each of these organizations play a critical role in managing and providing strategic guidance and oversight.  This panel of esteemed past and present Board members will explore the structure, roles and responsibilities of their respective organizations’ Boards exploring such issues as: how the Board is organized; the role of the Board relative to RTO/ISO management; and, how the Board interacts with RTO/ISO members and stakeholders, their market monitoring units, and other third parties.  The panel will also discuss how their Boards are helping to shape the strategic direction of each organization.
  

​Moderator:  David Doot,Partner and Chair of Energy and Utility Department, Day Pitney LLP's 

Speakers: 
Barney Rush, Board Member, ISO New England
Mike Curran, Former Chair MISO Board and current Board Member, ISO New England
Howard Schneider, Former Chair PJM Board, and Senior Consultant, Charles River Associates
Barbara J. Krumsiek, Former President and Chief Executive Officer, Calvert Investments Inc.

Session B:  Offshore Wind Energy: Partnerships, Development and US Jones Act

Learn about legal issues surrounding transmission lines in federal, state, local waters;  U.S. Jones Act application to offshore wind farms, and the role of the federal regulators; and Coast Guard and Customs and Border Protection responsible for ensuring compliance with these laws.

           

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 Yard House, 812 7th St NW, Washington, DC 20001.  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

Find out about the Charitable Foundation of the Energy Bar Association and its cornerstone project, Educate Haiti   *For information on the gala and gala tickets visit: Empowering Education in Haiti. 

Gala Attire: Business or Festive        *Separate registration required. 

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TUESDAY, MAY 7, 2019

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 - Meet ups

• New Member and First Timer Meet Up - New Members enjoy a chance to meet with some of EBA's leadership and connect.

• In House Counsel Meet Up - This is meet-up for in-house counsel to networking and connect. 

9:00 am - 10:30 am:  General Session Day Two

Natural Disasters and Utility Infrastructure: Regulations, Technologies, and Policies That Promote System Resiliency and Disaster Recovery Without Breaking the Bank

Fires, floods, tornadoes, hurricanes, earthquakes, and snowstorms take a toll on life, property, and utility infrastructure.  Faced with demands for business continuity and a return to normalcy, utilities are being challenged to meet higher expectations for system resiliency and recovery while also ensuring just and reasonable rates.  This session will discuss NERC requirements that must be met, as well as cost-effective policies, engineering practices, and new technologies available to address natural disasters and improve system efficiencies while also making the most of ratepayer dollars. 

          

 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:  Innovation in FERC Hearing Processes

Hearings are impractical anytime the amount in controversy is less than the cost of litigation.  This panel discusses an innovative hearing format that would address this problem by suggesting an example of a “minitrial,” mentioned in Rule 604; and amending Rule 218 to provide similar structure for complaint cases with $1M or less at issue.
The panel also explains the mechanics of a two-party auction, for use in settlement proceedings.  The auction may be used to settle any dispute that can be quantified, e.g., rate or reactive power cases.

     

Session B:  Pipeline Security

Natural gas pipelines collaborate with the U.S. Department of Homeland Security’s Transportation Security Administration (“TSA”) and the U.S. Department of Transportation (“DOT”) on cybersecurity risks and potential cyberattacks pursuant to DOT’s 2002 Pipeline Security Information Circular and TSA’s 2018 revised Pipeline Security Guidelines, adopting the National Institute of Standards and Technology (“NIST”) Framework for Improving Critical Infrastructure Cybersecurity.  These guidelines are voluntary, leading some asking Congress to enact mandatory standards given the growth in cybersecurity threats.  A panel of experts will discuss the legal landscape for natural gas pipelines and how cyber threats are changing the way they do business.  

     

Honorable Cheryl LaFleur      Matt Rudolphi, Outgoing President          Jonathan Schneider, President-Elect

During the luncheon, the Energy Bar Association will conduct its annual business meeting including the association elections, recognition of EBA leadership and presentation of the Jason F. Leif Chapter Service Award and the first-ever Diversity and Inclusion Champion Award.    

2:00 PM - 3:15 pm: Concurrent Sessions

Session A:  Electric Transmission Investment And Order 890 

Roughly half of all electric transmission capital expenditures in CAISO, MISO, and PJM are for repair or replacement of existing facilities.  Today, this work receives varying levels of third-party review through state and RTO/ISO processes.  Incumbent transmission owners determine the manner and timing for replacement of aging transmission infrastructure.  Panel members will discuss the implementation of recent FERC orders on these issues and whether existing oversight of transmission investment is sufficiently transparent to ensure cost effective solutions, grid safety and reliability, the promotion of competition, and the deployment of grid modernization technologies.

Moderator: Aspassia Staevska, Assistant Counsel, Law Bureau Pennsylvania Public Utility Commission
Panelists:
Lisa McAlister, Sr. Vice President and General Counsel, American Municipal Power (AMP)
Katharine (Katie) Mapes, Partner, Spiegel & McDiarmid, LLP
Judy Chang, Principal, The Brattle Group
Gary Guy, Assistant General Counsel, Exelon Corporation

Session B: Stakeholder Involvement in Pipeline Infrastructure Development – Best Practices

Gas and oil pipeline infrastructure projects have become increasingly controversial, although some projects seem to proceed more smoothly than others.  Are there best practices for stakeholder involvement that can make a difference and result in a win/win for all or are there inevitable conflicts between pipeline infrastructure development, climate and other environmental impacts, environmental justice and other local landowner issues?  This panel will explore these issues from the perspective of pipelines, stakeholders, and regulators. 

Moderator and Speaker: David Hanobic Outreach Coordinator, Office of Energy Projects FERC

3:15 pm - 3:45 pm: Coffee Break 

3:45 pm - 5:00 pm: Closing General Session: Electrification: The Wave of the Future or a Policy Choice?

Broadly, electrification is the shift to electricity at the point of consumption.  New and improving technologies (e.g., EVs; storage and data farms; more industrial uses); the move to renewables; rising levels of distributed energy; and real customer preferences (e.g., on line shopping) are driving increasing electrification across the US.  All this makes us even more reliant on secure supplies of power. If electrification is inexorable, then what are the impacts and possible risks for customers, companies, and policymakers to take into account? How or should regulators and legislators attempt to guide this transition in the market, and if so, how?

        

4:00 pm – 5:30 pm:   EBA Committee Leadership Orientation

 5:00 pm- 6:00 pm - Farewell Reception

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.  

  Thank you to our Professional Education Council members, Co-Chairs and Vice-Chairs.

Co-Chairs: Norman Pedersen and Thomas Millar

Vice- Co Chairs:  Candice Castaneda and Jamie Blackburn

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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. 

Speakers Service Center (SSC)

The Speaker Service Center is for speakers and moderators, and should include everything you need to know to prepare for the conference and make the deadlines.  

 Special Events

Monday, May 6 - LGBT Meetup

Monday, May 6 - Charitable Foundation Annual Fundraising Gala

Tuesday, May 7 - Coffee Meet Ups:

• New Member and First Timer Meetup
• In House General Counsel

Tuesday, May 7 - Farewell Reception

 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

EBA has reserved a room block at the Renaissance Downtown Hotel for the dates of May 5, 2019 to May 7, 2019. Our special rate is $319 per night plus tax. The block cut off is April 10th.  Reservations can be made by visiting: https://book.passkey.com/go/EBA2019

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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 10-12 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, NY, 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 Fees

Registration includes program sessions, electronic attendee handouts, lunches, breakfasts, breaks, and reception.

THE DEADLINE FOR RECEIPT OF EARLY-BIRD REGISTRATION IS April 8, 2019. 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.

After April 29th, registrations can ONLY be done online or taken on-site at  the conference. (Please do not fax, mail, or courier registrations after April 29th.) 

* Graduated from law school in 2016 or after

** Small firm: A law firm with 10 or fewer full-time attorneys, regardless of practice area.

***Multi Registration Discount: For firms registering 5 or more people, EBA will provide you a discounted registration rate of $675 (early) or $750 (after April 8) per person for the 5th person and beyond. Applies to Private and Energy Professional EBA members only. This can not be done online. Contact rkelly@eba-net.org to take advantage of the group discount. 

WAYS TO REGISTER

• By credit card Online REGISTER NOW

• By check, download REGISTRATION FORM 
  • Mail form with payment to: EBA, 2000 M St. NW, Suite 715, Washington, DC 20036
  • Phone: (202) 223-5625
  • Fax: (202) 833-5596

 Information

To learn more, please contact EBA,  (202) 223-5625 or by email at NFerreira@eba-net.org.

  Conference Policies

Dress Attire

Attire for the conference is business.  Attire for the CFEBA Gala is business attire or festive.

Special Accommodations

Persons in need of special accommodation should inquire with Lisa Levine, Chief Executive Officer, llevine@eba-net.org at the EBA office.

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 April 15, 2019 or by sending a written cancellation request by email to Richelle at RKelly@EBA-Net.org There is a $75 administrative fee for cancellations.  No refunds will be given after April 15, 2019.  The cancellation policy also applies to registrations that are received and accepted after the deadline date.  (If cancellation is requested after deadline and is 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.

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.

 Photographs

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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