2019 Mid-Year Energy Forum

 On-Site Program Guide     

Forum Program Overview

Register Online    or Register by Mail

Meeting HashTag:  #EBA19EnergyForum

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 #EBA19EnergyForum. 

tuesday, October 15, 2019 

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 Events:

• New Member Meet Up
• In-House Counsel Meet Up

1:00 pm - 2:30 pm Opening Welcome and General Session

EBA Welcome - Jonathan Schneider, President, EBA   
    


                                                                         

General Session:  The Role of Carbon in FERC Regulation

Historically, FERC has not figured prominently in the debates over how to address climate change.  But that has changed in recent years. As governments, industries, and non-governmental organizations look for sustainable ways to address climate change, FERC’s role is often included in these debates.  This panel will explore the role that FERC can and should play under NEPA, the NGA, and the FPA when it comes to greenhouse gas emissions.   The discussion will consider how FERC regulates the bulk power system under the “just and reasonable” standard and its certificate process under the “public convenience and necessity” standard.  The panel will explore what should FERC be doing, if anything, to comply with its Congressional mandates and central role over the nation’s energy markets and infrastructure.

Moderator: Ari Peskoe, Director, Electricity Law Initiative, Harvard Law School Environmental and Energy Law Program

Speakers:
Matthew Christiansen, Legal Advisor to Commissioner Richard Glick, Federal Energy Regulatory Commission
Jay Costan, Partner, Dentons
Jamie Simler, Director, Federal Regulatory, Ameren

2:30 pm – 2:45 pm:   Break

2:45 pm - 4:00 pm Concurrent Sessions

Session A:  The 21^st Century Utility

Driven by state and local policies and responding to customer and stakeholder input, the traditional utility model is under increasing pressure.  Transformative technologies are available behind the meter, carbon-free or reduced resources are demanded by many customers and utilities are increasingly being asked to serve as platforms for alternative technologies and customer choice.  This panel grapples with the available models, what works and doesn’t, and what it all suggests for the future of the utility industry through the mid-century.

Speakers:
Caroline Choi, Senior Vice President, Corporate Affairs, Edison International and Southern California Edison
Julia Hamm, President & Chief Executive Officer, Smart Electric Power Alliance
Laura Lewis, Chief Legal Officer and General Counsel, Sacramento Municipal Utility District
Mike O'Boyle, Director of Electricity Policy, Energy Innovation

Session B: Energy infrastructure post-Hoopa

• FERC decisions interpreting Hoopa Valley Tribe v. FERC and agency reactions to the Court and FERC’s decisions;
• Implications for permitting of new energy infrastructure where a state water quality certification is required under Clean Water Act section 401; and
• Best practices for infrastructure projects seeking a water quality certification under Clean Water Act section 401 post-Hoopa.

Moderator: Kyle Henne, Associate Baker Botts L.L.P.

Speakers:
Emily Mallen, Partner, Sidley Austin LLP
Elizabeth U. Witmer, Chair, Energy Practice Group, Vice Chair, Real Estate, Energy & Environment, Saul Ewing Arnstein & Lehr LLP
Julia Scarpino Wood, Partner, Van Ness Feldman 

4:00 pm – 4:15 pm:   Break

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4:15 pm - 5:30 pm:  Concurrent Sessions

Session A:  The Business Benefit of Diversity and Inclusion

Diversity and Inclusion can enhance the value and talent of energy practice groups, both in-house and amongst law firm peers. This conversation will engage electric and gas utility general counsels to explore the complexities they face as legal department leaders to building diverse and inclusive legal departments and discuss how the reward in doing so can help cultivate a talented organization that is best suited to effectively serving clients.  These industry leaders may also elect to discuss their expectations of law firm peers and how diverse and inclusive measures employed at those organizations help improve the legal services provided to their company clients.

Moderator: Serena Agaba Rwejuna, Energy Associate, Jones Day

Speakers: 
Sean P. Jamieson, General Counsel, Spire Marketing & Spire Storage
Maria Gulluni, Vice President and General Counsel, ISO New England Inc.
Erica Young, Chief Legal Officer & EVP Regulatory, ENMAX Corporation

Session B:  ISO/RTO Governance, ADR Issues and Conflict Resolution Models, and Solutions

Representatives from an interconnection regional transmission organization, wholesale energy company and stakeholders from one of the largest regional transmission organization will address how they approach Alternative Dispute Resolution and consensus building, resolve disputes among their constituencies and with those within and outside their geographic boundaries.

• Learn how to determine whether the current models work well;
• Consider what might be improved upon to achieve stakeholder consensus; and
• Consider possible junctures in the processes to achieve positive outcomes.

Moderator: Judge Bruce Birchman, Birchman ADR Services

Speakers:
Brian Drumm, Manager, Regulatory Relations & Policy and Associate General Counsel, American Transmission Company, LLC, Chair, MISO ADR Committee 
David Anders, Director, Stakeholder Relations, PJM, LLC
Jordan Pinjuv, Senior Regulatory Counsel, CAISO
Michelle Cadin Gardner, Senior Director of Regulatory Affairs – Northeast, NextEra Energy Resources

5:30 pm - 7:30 pm Special Event:   2019 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.

ALJ Registration and Sponsor Information

Location: Offices of Greenberg Traurig, 2101 L Street, N.W., Suite 1000, Washington, DC 20036

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Wednesday, October 16, 2019

7:00 am - 5:00 pm:  Registration Open All Day

7:30 am- 8:30 am:  Special Event: Women In Energy Breakfast - RSVP is required to attend as space is limited. 

Delia D. Patterson, Senior Vice President, Advocacy & Communications and General Counsel, American Public Power Association (APPA).  Delia will share her story of involvement and success in the energy field.   The breakfast is NOW FULL.  

Sponsored by:  

8:00 am - 9:00 am:  Continental Breakfast & Exhibits

9:00 am - 10:30 am:  General Session: Cybersecurity and Supply Chain: Who, What, Where, Huawei?

Recognizing that entities supplying software and hardware to the electric grid may pose profound security challenges, newly-minted NERC Standard CIP-013-1 requires Responsible Entities to develop documented supply chain cyber security risk management plans.  NERC's related Implementation Guidance supports third party accreditation as a recommended element of a compliance plan, and work in now being undertaken in a number of silos on some such programs.  While this work is underway, responsible entities are largely left to their own devices in managing these risks.  How they are doing so, and how we can effectively counsel our clients in controlling security and regulatory risk is the focus of this panel discussion. 

Moderator: Paul Tiao, Partner, Hunton Andrews Kurth

Speakers:
Tobias R. Whitney, Technical Executive, Power Delivery and Utilization – Cyber Security, Electric Power Research Institute
Laura Schepis, Senior Director, Security Policy, Edison Electric Institute
Ted J. Murphy, Partner, Hunton Andrews Kurth
Andrew G. Geyer, Partner, Hunton Andrews Kurth

10:30 am - 11:00 am:   Break

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11:00 am - 12:15 pm:  Concurrent Sessions

Session A: Drafting and Negotiating a Power Purchase Agreement​: A Skills Session

This concurrent session will feature an interactive approach to training lawyers how to negotiate a distributed energy power purchase agreement (PPA).  During the first part of the session experienced practitioners will role-play as attorneys and clients to set the stage for a PPA negotiation, including a discussion of transactional terms and an overview of fundamental motivations behind the PPA instrument, such as the customer’s ability to avoid capital commitments and the developers ability to qualify for preferred tax treatment.  The panel will then walk through a term sheet with the audience using a Q&A approach to go through the key provisions of the PPA from the perspective of a developer and a customer.  Finally, the panel will focus on a few key PPA terms, comparing customer-friendly provisions to developer-friendly ones to provide participants with the background necessary to negotiate a distributed energy PPA.

The session may or may not end with a quiz. 

Moderator & Speaker: Holly Rachel Smith, Walmart Energy Team

Speakers:
Eric Hurlocker, Managing Member, GreeneHurlocker
Florence Davis, Partner, Day Pitney LLP
Creighton-Elizabeth Boggs, Law Clerk, GreeneHurlocker
Sophia Browning, Associate, Day Pitney, LLP

Session B: Drafting and Negotiating Precedent and Firm Transportation Agreement​: A Skills Session

Pipeline projects get built on the strength and stability of Precedent and Firm Transportation Agreements.  These agreements have shifted over time as deals have evolved and FERC policies adjusted.  Federal, state and local activities also have created additional risks and extended timelines for certain projects that parties often seek to mitigate contractually.  What are the current best practices for these agreements?  Join the panel as they explore this questions and more.

Speaker:
Patty Francis, Vice President and Managing General Counsel, Kinder Morgan 

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12:15 pm - 1:45 pm: Luncheon Speaker: Bill Cooper, General Counsel, U.S. Department of Energy

 Mr. Cooper spent the first decade and a half of his professional career in private practice as a transactional   lawyer and litigator. He represented clients in the energy industry, among others, and covered a broad range of   interests. Building on this experience, he moved to Washington, D.C., to work on Capitol Hill as Counsel for the   House Energy and Commerce Committee.  Read more.

The Energy Bar Association and the Charitable Foundation of the EBA will jointly present the Paul E. Nordstrom Service Award posthumously to James Curtis "Curt" Moffatt.  

2:15 PM - 3:45 pm: Concurrent Sessions

Session A:  ETHICS:  How to Identify and Address Client Conflict

No set of ethical issues bedevils practitioners as often as those raised by client conflicts.   An attorney's duty of loyalty is absolute, but conflicts are not always easy to spot, and many conflicts are waivable.  Added complications arise in  administrative settings, where generic issues are often discussed alongside actively litigated matters.  This discussion will address the intricacies of these issues. 

Moderator: Amanda Conner, Managing Director, American Electric Power

Speaker:
Kate Belinski, Partner, Ballard Spahr
William L. Anderson, Partner, crowell moring

Session B:  Reducing Carbon Without a Regulatory Push

Moderator: Elliot Diringer, Executive VP, Center for Climate and Energy Solutions

Speakers:
Carolyn Berndt, Program Director for Sustainability, Federal Advocacy, National League of Cities
Diane Denton, Vice President of State Energy Policy, Duke Energy
Tom Dower, Senior Director Government Relations, ArcelorMittal

3:45 pm - 4:00 pm:  Break 

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4:00 pm - 5:00 pm: Closing General Session: What Investors Want

The Courts have long held that the Commission, when establishing regulated rates, must consider what investors require.  But what do investors require?  This panel will be a frank discussion about what investors want from their investments in regulated companies.  What drives their decisions to deploy capital and what challenges do they see on the horizon?  The discussion will address whether investors are avoiding  certain sectors regulated by FERC, how Wall Street currently views regulated risks and whether there are opportunities for more productive dialogue between regulators and investors.

Moderator: Phil Mone, Of Counsel, Van Ness Feldman LLP

Speakers:
David A. Paz, Senior Vice President, Wolfe Research
Tom Abrams, Vice President, Principal Content Manager, FactSet
David Maccarrone, Managing Director, JP Morgan 

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5:30 pm - 8:30 pm - Special Event: Closing Reception and Celebration Dinner

 Guest Presentation by Commissioner Richard Glick, Federal Energy Regulatory Commission 

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. 
 

Don't miss this last chance to visit with colleagues and new friends during this lively dinner and crowd favorite!  You will enjoy seeing the FERC Commissioner in a different light....and enjoy lots of laughs.  Dinner is included in the full conference registration. For those interested in only attending the dinner, separate tickets are available for purchase at $125 per person.

CFEBA Wine Pull
CFEBA will host a “wine pull” fundraiser in conjunction with the Dinner.  During the reception purchase a $25 or $50 ticket for the CFEBA “Mystery Wine Pull” table …and grab a bottle of red or white wine!  The hotel staff is happy to open and pour your bottle during dinner, feel free to re-cork any leftover!  Donations will support CFEBA’s good works. 

* Wine is not included with the dinner. 

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Thank you to our volunteers!

EBA thanks the Professional Education Council and its Leadership!

Jamie Blackburn, Day Pitney, Co-Chair
Candice Castaneda, NERC, Co-Chair
Emily Fisher, Edison Electric Institute, Co-Vice Chair
James Beh, Jones Day, Co-Vice Chair
Mosby Perrow, Kinder Morgan, Board Liaison

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.  

Special Events

Tuesday, Oct 15 - Regional Chapter Caucus

Tuesday, Oct 15 - New Member Meet Up  and In House Counsel Meet Up

Tuesday, Oct 15  - Honorable Chief Judge Curtis L. Wagner ALJ Reception

Wednesday, Oct 16 - Women In Energy Breakfast

Wednesday, Oct 16 - Closing Celebration Dinner 

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 block at the Renaissance Downtown Hotel is FULL.  We are managing a wait list and we have a small block at another hotel.  Please send Lisa Levine an email with your intended check in and out dates to be added to the wait list or for access to the second room block.  We are very sorry for any inconvenience.  

The Renaissance block cut off is September 20th. Please reserve your room soon. To make your reservation visit: https://book.passkey.com/go/2019ebamidyear

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 hour 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. In some cases, an attorney may be able to self-apply for credit in their state. 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 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 September 25.

After October 7th, registrations should only be done ONLINE OR ONSITE at the conference. 

Register Online    or Register by Mail

Early member rate deadline is September 25.

Multi-Registration Discounts: Available to EBA Private Attorney and Energy Professional members only. Register 3 Private Attorney members at $885 and additional Private Attorney member registrations will be $595. Email rkelly@eba-net.org for details.

Closing Dinner Only Ticket: If you would like to only attend the Closing Dinner, or bring a guest, ticket prices are $125 per person. Click here to purchase tickets. Note: The Closing Dinner is included with full conference registration.

To pay by check, download and complete a REGISTRATION FORM  Mail and payment to: EBA, 2000 M St. NW, Suite 715, Washington, DC 20036.

Conference Policies

THE DEADLINE FOR RECEIPT OF EARLY-BIRD REGISTRATION IS September 25, 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 October 7th, registrations should only be done ONLINE OR ONSITE at the conference. 

Dress Attire

Attire for the conference is business. 

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 AND REFUND Policy

Cancellations submitted by October 1, 2019 will be refunded minus a $75 administrative fee. Our policy is to not approve refund requests submitted after Oct 1, 2019, however we will review and consider these requests case by case post conference. If approved, cancellation requests submitted after the deadline will be charged a $100 administrative fee. Substitutions can be made at any time (difference between member/non-member fees apply). ALL refunds are processed post conference. 

Submit written cancellation requests to the Energy Bar Association, 2000 M Street, N.W., Suite 715 Washington, DC 20036 by October 1, or by sending a written cancellation request by email to rkelly@eba-net.org. 

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.

Sponsorships and Exhibiting

Please visit the 2019 Marketing Opportunities page for information about sponsorships and exhibiting. For information on sponsoring and exhibiting please contact: Jackie Bessette, Manager, EBA Strategic Partnerships, jbessette@eba-net.org 

Deadline to sponsor: September 30th.  

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 llevine@eba-net.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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