2020 EBA Fall Forum On-Demand




Last call to access EBA's Fall Forum: COMMIT, ENGAGEIGNITE

Although the live conference has concluded, you can still access resources, sessions and speaker materials in the platform through November 15th. .  

         Register Now Online     



Tuesday Highlights (Oct. 13th) 


EBA Update and Welcome to Commit, Engage, Ignite 2020!


 Jane Rueger, Partner, Perkins Coie, EBA President, 2020-2021

EBA President Jane Rueger will provide an overall EBA update and welcome to the Energy Forum. 




General Session: COVID-19: Impacts to the Energy and Utilities Sectors – Today and the Future

This will explore the more significant impacts of COVID-19 upon the energy and utility sector to date, with a focus on potential implications for the future.  Panelists will provide a high-level overview of a range of topics that will help attendees draw their own conclusions about what the pandemic means for the future of the energy and utility sectors:

load impacts and economic consequences to utilities
regulatory responses – shorter and longer term
consumer side adjustments 
fuel and supply chain price changes 
Looking into the Transmission Crystal Ball - What are the biggest issues facing the transmission industry in the next five years?

Between coping with COVID-19, climate change, resilience, electrification, and ever increasing clean energy mandates and goals, it is hard to pin down what will be the biggest issue over the next five years.  We have decided to ask a cross-section of colleagues from around the country who work in different aspects of the energy industry to challenge our panel of transmission experts to review, analyze and discuss the issues with an eye towards the future.


The Future is Hydrogen

What legal and regulatory changes need to be made to welcome hydrogen as a green fuel and energy storage medium?  The panel will explore the following questions: 

  • Can hydrogen finally realize its potential as a fuel that can supplement and even displace natural gas in industrial, power generation and transportation fuel applications?
  • What sorts of initiatives are currently under way globally to pave the way for hydrogen project development?
  • Where might hydrogen projects first emerge in the U.S.?   What kinds of projects?  Where do they currently stand?  Do the economics work?
  • What legal and regulatory changes need to be made to welcome hydrogen as a green fuel and energy storage medium?
  • How might U.S. laws and regulations addressing fuel use, transportation and safety and electric power generation be revised to accommodate hydrogen as a fuel and energy storage medium?


Alternative Regulation: Lessons from Jurisdictions that Have Adopted Performance Based Rates

Volumetric pricing and traditional rate cases may no longer adequately be serving either customers or their utilities. As jurisdictions explore whether to shift to alternative regulation, what lessons can be learned from those who have gone first?


ETHICS - Making Your Way Through the Ethics Haze: Selected Topics in the Environmental and Energy Context

The panel will discuss ethical issues arising from representing environmental and energy clients, including tribes and tribal enterprises.  The issues covered will include potential positional conflict among clients, parent-subsidiary conflicts, unique tribal and tribal enterprise organizational structures and conflicts, the scope of representation and the allocation of authority between the client and the lawyer, and ethical issues arising with respect to confidential information.



Awards Presentation:  Paul E. Nordstrom Service Award and State Regulatory Service Award


GENERAL SESSION:  Cyber Supply Chain 2020: Managing the Legal, Regulatory, and National Security Risks of an Ever-Changing Landscape

Managing risk has always been a core function of the energy sector’s business.  But 2020 is the year that supply chain risk management exploded onto the world of grid national security.  From Executive Order No. 13920, to NERC CIP Standard CIP-013, to the National Defense Authorization Act for Fiscal Year 2020, this year has become a veritable tsunami of new federal initiatives, new regulatory requirements, and new business demands – all intended to protect our sector’s supply chain from hostile powers and cyber risks.  

Amid this flurry of activity, how are energy lawyers supposed to make sense of it all?  Join our panel of experts as they share how the US Department of Energy, NERC, and the private sector, are evolving to meet these new supply chain needs.  Topics of discussion include new federal regulatory proceedings; growing industry practices; and innovative government-private sector collaborations.  Come away with a strategic understanding of how to help your clients manage their supply chain, while furthering their ongoing mission of delivering power safely and reliably to the nation.



General Session:  Tolling Orders/Allegheny Defense

FERC lawyers have long since become accustomed to seeking rehearing of FERC orders, only to have FERC issue tolling orders within 30 days, and then to wait months and years before an actual FERC order on the rehearing is issued. The Allegheny Defense decision arguably changes this dynamic.

This session will help attendees understand the legal and practical impact of the D.C. Circuit’s recent en banc decision in Allegheny Defense Project v. FERC. 
Hear viewpoints of both the private practitioner and the agency regulator discuss the current and future impact of the case on FERC and appellate practice under both the Federal Power Act and the Natural Gas Act. 
Key Questions to be answered include: 
What will FERC do now? 
What has been the impact of this decision so far? 
What future impacts do our panelists foresee?
Will Congress address the period of time by which a rehearing request should be deemed denied? 
Will the agency act to adopt new procedures for the expeditious evaluation of rehearing requests? 
What are the possible outcomes?
Will any new procedures increase the burden on both FERC staff and private litigants? If so, how?




Wednesday HIGHLIGHTS (OCT. 14TH) 


What does a radical reduction in carbon emissions mean? Many electric companies have announced commitments to reduce GHG emissions significantly, but others have concerns about getting to net zero emissions. In addition, deploying increasing amounts of variable renewable resources can present challenges to the reliable operation of the grid. Yet global warming is a growing threat, and states and policy makers are responding by adopting targets for zero emissions in decades or less. Is this the right response? What does experience to date indicate would need to change in system operations, technology, reliability, energy costs, total scope emissions, reserves (including distributed storage such as EVs), etc. to accommodate a carbon-free (or nearly free) future?





Natural Gas Pipeline Panel:  Regulatory Uncertainties for Natural Gas Pipelines and Their Shippers 

The year 2020 has ushered in new uncertainty for natural gas pipelines and their shippers.  As demand for natural gas has declined in some regions, pipeline transportation shippers are experiencing financial distress, and the risk of shippers filing for bankruptcy has increased. This panel will discuss uncertainties associated with financially distressed shippers and explore the role of the Federal Energy Regulatory Commission in helping to manage them.  Questions the panel will address include, for example: What is the role of the Commission in helping pipelines navigate the challenges and risks associated with financially distressed shippers?   What are the respective roles of Bankruptcy Courts and the Commission with respect to shippers' jurisdictional transportation agreements.  What are the implications for a pipeline's filed rates under the Natural Gas Act?



EBA Brief  Perspectives on Diversity, Inclusion and Energy Justice in the Energy Industry

This panel features distinguished authors from the Fall 2020 issue of the EBA Brief that is dedicated to an exploration of diversity and inclusion and the elimination of bias in the energy industry, as well as issues of energy justice for under-represented communities. EBA has brought together the CEO of the premier association of Black professionals in the energy industry, an esteemed law professor who has focused research on issues of energy justice arising from lack of adequate energy access for Native Americans, and a member of the law student class of 2021 with perspectives from the next generation to discuss themes from their articles in the Fall 2020 issue. Listen in for cutting edge thinking on these issues and participate with questions!

CLE credit may be available in the area of diversity and inclusion / elimination of bias in applicable states for this discussion.


Workshop:  How to Structure a FERC Compliance Program (Part 1)

This workshop will help attendees understand how to design and implement a holistic and effective FERC compliance program. The first session will address how to establish a transaction surveillance and monitoring program, how to train employees and how to manage customers. The second part will address FERC regulatory and enforcement actions.



Oil Pipeline Panel:  Risk and Opportunities:  Do Indexed rates Still Work for Oil Pipelines

This panel will examine Oil Pipeline Ratemaking in a time of economic uncertainty.  Negative oil prices, COVID-19, and shipper distress, combined with demand destruction, will result in future financial and market risks whose impacts are yet unclear.  At the same time, as the industry is adapting to this new “normal,” the Federal Energy Regulatory Commission is engaged in its 5-year review of the indexing methodology used to set rates for the majority of the oil pipeline industry.  The methodology, which is inflation-based, calculates rates using historic costs without regard to future risks and it may not respond to current market conditions.  The proposed index adder of PPI-FG + 0.09%, which will be finalized later this year, is also the lowest proposed rate in over a decade. This panel will examine risks facing the oil pipeline industry and discuss how FERC’s proposed changes could affect the oil pipeline industry and its shippers, including the ability of pipelines to recover costs, earn returns commensurate with market risk, and maintain adequate investment in pipeline infrastructure.  


Clash of the Commissions: Where is the dividing line?

This panel would look at recent FERC and federal court decisions address PURPA, Net Energy Metering (NERA Petition) and Storage. What are these telling us about who has jurisdiction over what? Will the state or federal level make decisions about the future of the industry?


Workshop:  How to Structure a FERC Compliance Program (Part 2)

See description above.



CLOSING SESSION:  A Discussion of Energy, the Environment and the Elections   

Two Washington insiders with experience in energy and the environment will discuss the presidential election and how the results may impact energy law and policies.



Thank You To Our Sponsors

​We would like to give a special thanks to our sponsors and Solution Center Partners and we encourage you to visit their profiles inside the virtual event. You can do this easily by checking out the Solution Center Expo Map. 


Here are some goodies from our sponsors and Solution Center Partners! Enjoy this “digital swag” and check out their virtual booths.

Foster Report Special Offer

Electricity Litigation Overview brochure

The Informing the Transmission Report

RTO Insider Newsletter EBA Fall 2020 Meeting

Enerknol Case Studies


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Speaker_icon About the Speakers

EBA is pleased to present an outstanding, experienced line-up of panel and general session speakers.  Learn more about them inside the conference platform, by selecting the "Speakers" feature on the left navigation menu. 

cleapproved Continuing Legal Education (CLE) Credit

EBA is seeking approval for MCLE credit from various states.  EBA applied to the following states for MCLE: 


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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 apply to a State not listed above, it is the individual's responsibility to collect any handouts or other information required by that States' accreditation board for individual submission and self-certification. Individual on-line credit applications are not accepted by all States.

To Receive a Certificate of Attendance: 

  1. Your EBA online profile or registration must include your bar # and state.
  2. You must sign-in by logging into the session for which you want credit.
  3. No later than October 31, return to EBA, your attendance form including CLE codes provided during each session.
  4. Attendance forms without bar # and state will be voided. 

Certificates of attendance will be emailed to eligible participants in November.

To assure accreditation, the necessary CLE information must appear on your registration form. You should also add your bar numbers to your profile with EBA.  If your bar number or state are missing, we cannot guarantee receipt of credit.  Only registered attendees are eligible for CLE.  Students are not eligible for CLE.

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fees Registration Fees - For Virtual Program

EBA membership must be current to access member rates. 

             Register Now Online     

After you complete online registration, you will receive an email with details on how to access the on-demand platform.  

Registration Types Member  Non Member   
On-Demand Registration $350 $395  
Student Registration $25 $40  


Questions?  Please email rkelly@eba-net.org or call: 

  • Phone: (202) 223-5625
  • Fax: (202) 833-5596


info Information

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

 policy_icon Conference Policies

Cancellation Policy
All registration cancellations and refund requests must be made in writing no later than September 18, 2020 via email at rkelly@eba-net.org.  A refund of the full conference fee, minus a $75 administrative fee, will be given for cancellations received by that date. EBA regrets that refunds will not be given for no-shows. Substitutions are gladly accepted! Substitutions of registrations are permitted up to Noon ET on October 12, 2020.  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.
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.
Attendee Contact Information
By registering for this conference, attendees authorize EBA to share your contact information, including but not limited to your email address and telephone number, with other registered attendees, sponsors and exhibitors. For more information please contact Lisa Levine, llevine@eba-net.org.
Consent Clause
Registration and attendance at, or participation in, EBA meetings and other activities constitutes an agreement by the registrant to the use and distribution (both now and in the future) of the registrant or attendee’s image or voice in recordings, both live and on-demand, photographs, videotapes, electronic reproductions, and audiotapes of such events and activities by EBA and other third parties. Your virtual registration may include technology that monitors your activities throughout the meeting, such as session attendance and virtual booths visited.
Our Guarantee
Our goal is to provide truly exceptional offerings and service, and we won't be happy until you are. If any programs, products, or services of EBA do not fulfill our promise, we will make the situation right.

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