2021 EBA Mid Year Energy Forum

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If you need registration assistance during the meeting, please contact RKelly@EBA-Net.org.  If you need technical assistance, please contact KCutler@EBA-Net.org.  We look forward to seeing you at the meeting!

Printable Agenda

Program Overview 

Mark your calendar for the Energy Bar Association’s 2021 Virtual Mid-Year Energy Forum! This conference is one and a half days, VIRTUAL, with excellent sessions and speakers. Discussions will 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 Mid-Year Energy Forum welcomes 400 attendees and is approved for MCLE credit.

Register for the VIRTUAL conference PDF Registration Form

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calendar   Tuesday, October 12, 2021 (ET) - Agenda  

11:30 AM - 12:30 PM ET:  Welcome to the 2021 Mid Year Energy Forum & Keynote Presentation

welcome  keynote presentation
Perrow,_Mosby_-_2021_(square) Sutherland,_Daniel_-_2021

Mosby Perrow
Partner, Van Ness Feldman, LLP
EBA PRESIDENT,
2021-2022

Dan Sutherland
Chief Counsel
THE CYBERSECURITY & INFRASTRUCTURE SECURITY AGENCY

 

EBA Awards Presentation  Gold_medal_ribbon

Immediately following the Keynote presentation, please enjoy the EBA Awards Presentation when Mosby Perrow will present the:

  • State-Provincial Regulator Practitioner Award
  • Paul E. Nordstrom Service Award 

Learn more about the awards at:  https://www.eba-net.org/about/awards/

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12:30 PM - 1:45 PM ET: GENERAL SESSION: Managing Enterprise Risks Associated with Cyber and Physical Security

Cybersecurity and the protection of energy infrastructure is front of mind for company executives, industry regulators and legislators.  This general session immediately follows the keynote address of Mr. Daniel Sutherland, Chief Counsel of CISA and provides the opportunity to hear perspectives from C-Suite executives regarding how they anticipate, manage and mitigate cybersecurity and physical security risks that threaten the safe and reliable delivery of critical energy supplies.  

moderator panelist panelist panelist
Sotto,_Lisa_-_2021 Cancel,_Manny_-_2021 Gray,_David_-_2021 Meyers,_Eric_-_2021

Lisa J. Sotto 
Partner
HUNTON ANDREWS KURTH, LLP

Manny Cancel
Senior Vice President, NERC
Chief Executive Officer,
E-ISAC 

David W. Gray, Esq.
Vice President &
General Counsel

COLONIAL PIPELINE COMPANY

Eric J. Meyers, CISM
VP Chief Information Security Officer
NEW YORK POWER AUTHORITY

__________________________________________________________

1:45 PM - 2:00 PM ET: Break

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2:00 PM - 3:15 PM ET: CONCURRENT SESSIONS

SESSION 1A: Beyond Order 1000: New Horizons in Transmission Planning Under FERC’s ANOPR

The Federal Energy Regulatory Commission is broadly reassessing its rules for electric transmission planning, cost allocation, and interconnection of new resources in its pending advance notice of proposed rulemaking (ANOPR).  This panel will provide an overview of the ANOPR and offer different perspectives on the reforms that FERC should consider as it revisits key policy questions during a time of rapid industry change. 

moderator panelist panelist panelist panelist
Gasteiger,_Larry_-_2021 Bogorad,_Cynthia_-_2021 Gramlich,_Rob_-_2021 Valley,_Kari_-_2021 Weinberg,_Sara_-_2021

Larry Gasteiger
Executive Director
WIRES

Cynthia Bogorad
Partner
SPIEGEL & MCDIARMID

Rob Gramlich
Founder & President
GRID STRATEGIES

Kari Valley
Managing Senior Corporate Counsel
MIDCONTINENT INDEPENDENT SYSTEM OPERATOR (MISO)

Sara C. Weinberg
Senior Counsel

DOMINION ENERGY

__________________________________________________________

SESSION 1B: The Role of Carbon Capture Technologies in a Changing Energy Landscape: Barriers and Opportunities

The 2018 Intergovernmental Panel on Climate Change Special Report: Global Warming of 1.50 C highlighted the severe impacts that could be avoided by limiting global warming to 1.5 degrees, noting that the window for action is “rapidly closing.” Notably, of the four mitigation scenarios presented in the Special Report, three include carbon capture technologies as a mitigation option. In September 2020, the International Energy Agency (IEA) released its Flagship Report, CCUS in Clean Energy Transitions, which further underscored the importance of carbon capture technologies as “the only group of technologies that contributes both to reducing emissions in key sectors directly and to removing CO2 to balance emissions that are challenging to avoid – a critical part of ‘net’ zero goals.”  According to the IEA, carbon capture technologies can play four critical roles in the transition to net zero: reducing emissions from existing energy technologies, reducing emissions from hard to decarbonize sectors such as the industrial sector and heavy transportation, supporting clean hydrogen production, and supporting direct air capture. This panel will discuss opportunities and barriers for deployment of carbon capture technologies in the U.S.  Key questions include:

  • What existing and future policies can incentivize carbon capture technology deployment?
  • Is the federal regulatory regime sufficient to enable carbon capture deployment, and what about state regulatory regimes?
  • Are there cost barriers for carbon capture technologies, and, if so, how can these be addressed in the U.S.?
  • Are there technological barriers for carbon capture technologies, and, if so, how can these be addressed in the U.S.?
  • How do “storage” options compare, ranging from mineralization to saline formations?
moderator panelist panelist panelist panelist
Pablo,_Jeanette_-_2021 Balash,_Peter_-_2021 Panczak,_Katherine_-_2021 Preece_Jeffery_-_2021 Angielski,_Shannon_-_2021

Jeanette Pablo
Resident Senior Fellow
CLEAN AIR TASK FORCE

Peter Balash
Senior Economist
NATIONAL ENERGY TECHNICAL LABORATORY,
U.S. DEPARTMENT
OF ENERGY

Katherine Panczak
Vice President of Business Development
DT MIDSTREAM

Jeffery Preece
Senior Program Manager
ELECTRIC POWER RESEARCH INSTITUTE (EPRI)

Shannon Angielski
Principal, Governmental Issues
VAN NESS FELDMAN, LLP

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3:15 PM - 3:45 PM ET: Break + Energy Talk: Energy Transition - How Start-Ups are Working to Lead the Change

speaker
garaizar,_Juliana_photo

Juliana Garaizar
Chief Executive Officer
HOUSTON INCUBATOR FOR GREENTOWN AND VICE PRESIDENT OF INNOVATION

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3:45 PM - 5:00 PM ET: CONCURRENT SESSIONS

SESSION 2A: Interregional Coordination and the Reliability Challenges of the Evolving Grid

Today’s electric industry is evolving with unprecedented speed, presenting grid planners and operators with significant new challenges.  Extreme weather and climate change add further complexity.  Given these challenges, interregional coordination between balancing authorities is taking on added importance to most effectively keep the lights on for customers.  This panel will describe frameworks for interregional coordination in resource adequacy planning, markets, and operations, and discuss how past experience is being leveraged to enhance reliability and best leverage available generation and transmission resources going forward.

moderator panelist panelist panelist
Chen,_Jennifer_-_2021 Brown,_CJ_-_2021 Edmonds,_Sarah Patton,_David_-_2021

Dr. Jennifer Chen
President
REGRID

C.J. Brown
Director of Systems Operations
SOUTHWEST POWER POOL

Sarah E. Edmonds
Director of Transmission and Market Services
PORTLAND GENERAL ELECTRIC (PGE)
David B. Patton, PhD
President
POTOMAC ECONOMICS

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SESSION 2B: Can Canada and the United States Agree on a Carbon Tariff? 

Policy makers have long claimed that without carbon tariffs, meaningful reductions in carbon emissions will not take place because some countries will continue prioritize economic objectives over environmental ones. Recently the European Commission declared that carbon tariffs were essential:

“On 14 July 2021, the Commission adopted a proposal for a new Carbon Border Adjustment Mechanism which will put a carbon price on imports of a targeted selection of products so that ambitious climate action in Europe does not lead to ‘carbon leakage’. This will ensure that European emission reductions contribute to a global emissions decline, instead of pushing carbon-intensive production outside Europe. It also aims to encourage industry outside the EU and our international partners to take steps in the same direction."

Canada and the United States share the longest undefended border in the world and are the two most highly integrated countries in terms of energy investment. Both countries are now closely aligned on carbon policy but will they be able to agree on this latest issue? The Canadian Chapter of the Energy Bar  Association presents a challenging debate between experts from both countries.

 

moderator panelist panelist panelist panelist panelist
kaiser,gordon-2021 Campbell,_Neil_-_2021 Yatchew,_Adonis_-_2021 Mullick,Sanjay-2021 Fowlie,_Meredith_-_2021 Fung,_Anna_-_2021

Gordon Kaiser
Managing Director

ENERGY ARBITRATION
CHAMBERS

 

Neil Campbell
Partner
MCMILLAN, LLP

Adonis Yatchew
Professor
DEPARTMENT OF ECONOMICS, UNIVERISTY OF TORONTO 

Sanjay J. Mullick
Partner
KIRKLAND & ELLIS, LLP

Meredith Fowlie
Professor
DEPARTMENT OF AGRICULTURAL AND RESOURCE ECONOMICS, UNIVERSITY OF CALIFORNIA, BERKELEY

Anna Fung, Q.C.
Deputy Chair
BRITISH COLUMBIA UTILITIES COMMISION 

 

 

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calendar   Wednesday, October 13, 2021 (ET) - AGENDA 

11:00 AM - 12:30 PM ET:  GENERAL SESSION: Energy Insecurity: How the Pandemic Highlighted Many Americans’ Tenuous Access to Affordable Energy and Points to the Need for New Approaches to Solve Chronic Problems

As a result of the COVID-19 pandemic, unemployment across the United States reached unprecedented levels, peaking at 14.8 percent in April 2020 before decreasing to a still-elevated 6.0 percent nationally as of March 2021. As a result of this increase in unemployment and resulting wage loss, many families found themselves unable to pay utility bills. At the end of 2020, electric and gas utility bill arrearages totaled nearly $32 billion, with as many as 20 percent of households behind on utility payments. Governors, state legislatures and utility regulators in 34 states responded by issuing moratoria on utility disconnections and fees on late bill collection, providing temporary relief for households. Further, many utilities voluntarily adopted temporary restrictions on customer disconnection and collection of arrearages resulting from the pandemic. These shocking figures highlight both an acute and a chronic problem: energy insecurity. A panel of advocates, utility representatives, and other stakeholders will assess the current state and federal programs to address energy insecurity, with a focus on recovering from the pandemic and identifying solutions to address the broader causes and impacts of energy insecurity. 

moderator panelist panelist panelist panelist
Fisher,_Emily Fadelu,_Fisayo_-_2021 Hernandez,_Diana_-_2021 Oglesby,_Tara_-_2021 Reames,_Tony_-_2021
Emily Fisher
General Counsel and Corporate Secretary
EDISON ELECTRIC INSTITUTE

Fisayo Fadelu
CFO & General Counsel 
PECAN STREET INC.

Diana Hernández, PhD
Associate Professor of Sociomedical Sciences
MAILMAN SCHOOL OF PUBLIC HEALTH, COLUMBIA UNIVERSITY

Tara Oglesby
Vice President, Customer Experience
AMEREN MISSOURI

Tony Reames, PhD
Senior Advisor on Energy Justice
OFFICE OF ECONOMIC IMPACT AND DIVERSITY, DEPARTMENT OF ENERGY

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12:30 PM - 12:45 PM ET: Break

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12:45 PM - 2:00 PM ET: CONCURRENT SESSIONS

SESSION 3A: Securitization of Utility Costs: Panacea or Poison Pill?

Driven in some cases by the short-term impacts on bad debt such as from high storm cost, and in others by the longer-term need address the potential for fossil fuel infrastructure to become a stranded asset, more electric and gas utilities and their legislators and regulators have been turning to securitization. On the positive side, securitization can lower costs to ratepayers because taking an asset off the books reduces the utility’s revenue requirement. However, securitization may not be a panacea, as the regulator foregoes future regulatory reviews and risk is shifted from shareholders to ratepayers. The panel will discuss the drivers of securitization legislation and regulatory issues in two recent matters (in Colorado and North Carolina) as well as provide a perspective on lessons learned from the wave of securitization in the 1990s during electricity market liberalization.

moderator panelist panelist panelist panelist
Fagan,_Marie_-_2021 Ayers,_Chris_-_2021 Brerton,_Beverly_-_2021 Hansen,_Chris_-_2021 Terzic,_Branko_-_2021
Marie Fagan, PhD
Chief Economist
LONDON ECONOMICS INTERNATIONAL, LLC

Christopher J. Ayers
Executive Director
PUBLIC STAFF-N.C. UTILITIES COMMISSION

Beverly
Brereton, PhD

Senior Manager,
Regulatory Affairs &
Market Development

SRECTRADE, INC.

Chris
Hansen, PhD

State Senator 
COLORADO SENATE

The Honorable Branko Terzic
Managing Director
BERKELEY RESEARCH GROUP, LLC

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SESSION 3B: Evaluation of Need in NGA Certificate Proceedings: what would a new FERC policy look like?

FERC has been reexamining its 1999 Certificate Policy Statement since 2018, with a recent refresh of the comments. A number of commenters have urged FERC to broaden its assessment of need to take into account more interests, or that certain factors should be given different weight.  Recent Court of Appeals decisions striking down FERC authorizations may compel further changes to FERC’s evaluation of need, climate change, and environmental justice impacts.  This panel will discuss what they think a new FERC policy should look like, how that complies is consistent with FERC’s statutory obligations, and what an applicant might need to show to satisfy the new standards.

moderator panelist panelist panelist panelist
Nichols,_Nils_-_2021 avatar-blank Gibson,_C_Megan-_2021 Ladin,_Sarah-2021 Hollers,_Casey_-_2021

Nils Nichols
Former Director of the Office of Administrative Litigation
FEDERAL ENERGY REGULATORY COMMISSION (FERC)

Meghan Coffman
Assistant General Counsel
KINDER MORGAN

Megan C. Gibson
Senior Staff Attorney
NISKANEN CENTER

Sarah Ladin
Attorney
NEW YORK UNIVERSITY (NYU) INSTITUTE FOR POLICY INTEGRITY

Casey Hollers
Director of Regulatory Affairs
NATURAL GAS SUPPLY ASSOCIATION

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2:00 PM - 2:45 PM ET:  Health Break

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2:45 PM - 4:00 PM ET: CONCURRENT SESSIONS

SESSION 4A: Ethics - Are You a Cyber Ready Attorney?

In this session, attendees will learn about legal ethics and professional responsibility principles relating to confidentiality and cyber security issues and the application of those principles.  The discussion will reflect past incidents and data about breaches and attempted breaches of law firm and law department information systems, and related human factors.  Practices and tools such as training, supervision, password managers, and two-factor authentication will be discussed, as will addressing a breach when one occurs.

moderator panelist panelist
Ratnaswamy,_John_-_2021 Ackerman,_Paul_-_square Blanchard,_Annie_-_2021
John Ratnaswamy
Member
THE LAW OFFICE OF
JOHN RATNASWAMY, LLC

Paul D. Ackerman
Senior Counsel
EXELON CORPORATION

Annie  Blanchard
Associate Counsel
CONED

__________________________________________________________

SESSION 4B: EV Charging Infrastructure - Deployment Challenges

As the Biden administration pushes for increased electrification of the transportation sector, one of the main issues is how to build out the electric vehicle (EV) charging infrastructure in the United States.  What are the federal proposals for building out EV charging infrastructure?  What programs have individual states implemented?

moderator panelist panelist panelist panelist
Howe,Nathan-2021 Gillett,_Marissa_-_2021 Cohen,_joshua-2021 Jones,_Phil_(2)_-_2021 Wishnia,_Andrew_-_2021

 Nathan Howe

Attorney
K&L GATES

The Honorable Marissa Paslick Gillett

Chairman
CONNECTICUT'S PUBLIC UTILITIES REGULATORY AUTHORITY (PURA)

Joshua Cohen

Director
GREENLOTS

Philip B. Jones

Executive Director
ALLIANCE FOR TRANSPORTATION ELETRICFICATION

Andrew Wishnia

Deputy Assistant Secretary for Climate Policy in the Office of the Assistant Secretary for Transportation Policy
U.S. DEPARTMENT OF TRANSPORTATION

__________________________________________________________

4:00 PM - 5:30 PM ETCLOSING SESSION: The Silent “G” in ESG: How is DEI Being Incorporated into Governance as Companies Renew Their Focus on ESG

ESG is top-fold news and the COVID-19 pandemic and social justice movements stemming from 2020 have only exacerbated the energy community’s focus on these issues.  But not every aspect of ESG is getting equal attention.  This panel will discuss the silent “G” in ESG.  During this candid discussion with energy and board governance specialists who are knowledgeable about energy company governance issues, this panel will focus on how DEI, board diversity, executive pay and equal pay are being incorporated as energy companies are renewing their focus on the hot topic of ESG: 

  • Has the push for ESG led to an increased focus on diversity and inclusion at the highest levels of energy company leadership and governance?
  • How will the Nasdaq’s Diversity Proposal impact DEI, ESG, and Board governance?
  • Where do things stand within the C-Suite and Boards of Directors? 
  • Will ESG reporting and investing play a role in how energy companies approach governance? 
  • What role does DEI play in the analysis of an energy company’s material risks and growth opportunities?
panelist panelist panelist
Rwejuna,_Serena_-_2021 Mizell,_Gwen_-_2021 Block,_Marcy_-_2021

Serena Rwejuna
Associate
JONES DAY

Gwen Mizell
Vice President
Sustainability & Electrification

AMEREN

Marcy Block
Senior Director, Sustainable Finance, ESG Analytics - Public Finance & Infrastructure
FITCH RATINGS

 

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 by viewing the Speaker Biographies

Speaker_icon 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.     

onlinelearning_or_video Conference Location

New!_width_75_1 The Forum will be held virtually on the Socio Platform.

cleapproved   Continuing Legal Education (CLE) Credit

Pending approval for 8-10 hours of MCLE credit, and 1 hour of ethics credit.  EBA will apply to the following states for MCLE and ethics:  IL, NY,  PA, TX, VA.  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 IN YOUR ONLINE EBA Portal Profile (bar number and state). IF THIS INFORMATION IS NOT PROVIDED, WE CANNOT GUARANTEE RECEIPT OF CREDIT.  ONLY REGISTERED ATTENDEES ARE ELIGIBLE FOR CLE

Current CLE Approval Status:

State General Hours Ethics D & I Credits
CA 8.75 1.75 1.75
IL 8.75 1.75  
NY pending    
OH pending    
PA 11.25 1.75  
TX 11.25 1.75  
VA pending    
       
       

To Receive a Certificate of Attendance: 

  1. Your EBA online profile must include your bar # and state.
  2. No later than Oct 31, reply to EBA event evaluation and CLE response codes.
  3. Attendance forms without bar # and state will be voided. 

Certificates of attendance will be available in your EBA Portal profile for saving and/or downloading. Only registered attendees are eligible for CLE.  Students are not eligible for CLE.

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.

 

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fees  Registration Fees

Register For The VIRTUAL Conference PDF Registration Form

EBA membership must be current to access member rates.

Registration Types

By Sept 20

After Sept 20

Nonmember

Attorney

$525

$575

$765

Energy Professional

$525

$575

$765

In-House Counsel

$425

$475

$665

Solo Practitioner/Small Firm Attorney

$425

$475

$665

Young Lawyer

$495

$550

$735

Government & Academic

$400

$535

$640

Student

$100

$100

$165

Speaker

Free

Free

Free

Multi-Registration Discount: Register 3 attendees and receive $100 off the 4th registrant. All must be a current Private Attorney and/or Energy Professional member.

WAYS TO REGISTER

info    Information

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

 policy_icon   Conference Policies

Special Accommodations

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

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 September 20, 2021 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 September 20, 2021 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 before October 5th.  (Non-members substituting for members will be charged the difference in registration 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, ethnicity, Native American, Alaska, or Hawaiian Native tribal membership or descendance, 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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