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Program Overview 

Please join us in person at Marriott Marquis in Washington, D.C. for two days of discussions focused on all aspects of energy law, policy and trends on May 10-11, 2022. 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 MCLE credit.

Register Online

    Conference Agenda 

Meeting HashTag:  #EBA2022AM

Want a great way to say you're excited to be attending?  Or share a great picture while attending this live program?  Let everyone know by using the #EBA2022AM.

   Tuesday, May 10, 2022 - Agenda (ET)

*Times and session details are subject to change*

8:00 AM - 6:00 PM: REGISTRATION OPEN ALL DAY

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9:00 AM - 10:30 AM:  THE HONORABLE KEVIN J. MCINTYRE GENERAL SESSION: The Bipartisan Infrastructure Law: Funding and Siting America's Energy Future

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act into law.  The $1.2 trillion spending package will spur energy innovation and deployment and is a major tool for the administration to achieve President Biden’s goal of a carbon pollution-free power sector by 2035.  This panel will dive into the Bipartisan Infrastructure Law’s impact on the energy industry and specifically:

(1) how the administration plans to implement the law and allocate funding to federal, state, and local agencies;

(2) what federal programs were authorized or bolstered by the law;

(3) obstacles the private sector may encounter in seeking to benefit from funding under the law; and

(4) the role attorneys could play in the rollout and implementation process. 

The panel will also take a look to the future at what Congress may do next that could directly impact energy project development.

 

Moderator	Panelist	Panelist	Panelist
John Decker Partner VINSON & ELKINS LLP	Kellie Donnelly Executive Vice President & General Counsel LOT SIXTEEN	David Getts General Manager of SouthWestern Power Group SUNZIA	Avi Zevin Deputy General Counsel for Energy Policy U.S. DEPARTMENT OF ENERGY

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10:30 AM - 11:00 AM: BREAK

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11:00 AM - 12:15 PM: CONCURRENT SESSIONS

SESSION 1A: Utility-Broadband Partnerships: Solving the Rural Broadband Access Problem

Billions of dollars of federal funding are being made available for the development and deployment of broadband infrastructure.  Electric utilities are already deploying significant amounts of “middle mile” fiber optic infrastructure for their own communications needs and have had success using these investments to help facilitate high-speed broadband access to unserved and underserved communities. This session will highlight successful electric utility programs to partner with internet service providers and others to deploy fiber, as well as new opportunities for funding and innovative rate structures that help defray costs for companies and customers. Panelists will identify some of the legal and regulatory challenges as well as innovative solutions to address them.

Moderator	Panelist	Panelist	Panelist
Brandon N. Robinson Partner BALCH & BINGHAM LLP	Arnab Ghosal Grid Inform and Connectivity General Manager ALABAMA POWER COMPANY	Todd Holt Chief Executive Officer POINT BROADBAND, LLC	Sean Strickler Vice-President, Public Affairs ALABAMA RURAL ELECTRIC ASSOCIATION

 

SESSION 1B: Confronting Climate Change Under FERC’s New Natural Gas Pipeline Policy Statements

In February 2022, FERC announced that it will consider a proposed natural gas infrastructure project’s impact on climate change as part of its public interest determination under Sections 3 and 7 of the Natural Gas Act (NGA) with the issuance of the Updated Policy Statement on Certification of New Interstate Natural Gas Facilities and the Interim Policy Statement on the Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews. The new and revised policies specify that a proposed project’s environmental effects, including reasonably foreseeable greenhouse gas emissions that may be attributable to the project and the project’s impact on environmental justice communities, now will become part of FERC’s balancing test for whether a project is required by the public convenience and necessity under NGA Section 7 or in the public interest under NGA Section 3. The policies also address how FERC will apply the National Environmental Policy Act to gas projects.  A panel of experts will break down how pipeline developers, customers, environmental NGOs, and other stakeholders are adapting to the new policy and what this means for the future of natural gas infrastructure.

 

Moderator	Panelist	Panelist	Panelist
Michael R. Pincus Partner VAN NESS FELDMAN LLP	Matthew J. Agen Assistant General Counsel AMERICAN GAS ASSOCIATION	Gillian R. Giannetti Senior Attorney NATURAL RESOURCES DEFENSE COUNCIL	Christopher Smith Regulatory Counsel INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA

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 12:15 PM - 2:00 PM:  Annual Meeting and Luncheon Speaker

The Honorable Willie L. Phillips Commissioner FEDERAL ENERGY REGULATORY COMMISSION

 

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

SESSION 2A: 25 Years with Open Access and Order 888 - Where Are we Now, Who's Watching, and What is Needed Next?

The industry has had 25 years with the landmark transmission open access reforms instituted by the Federal Energy Regulatory Commission (FERC). Order 888 transformed the industry and non-discriminatory access to the transmission system. The industry is undergoing a new and significant transformation in its resource mix and available technologies. Both independently, and under FERC directives, RTOs have increased customer transmission access opportunities for emerging technologies such as demand response, distributed energy resources and storage. FERC has also charged Independent Market Monitors in RTO to identify ineffective market rules and tariff provisions, identify potential anticompetitive behavior by market participants, and provide the comprehensive market analysis critical for informed policy advancement. Such a role does not currently exist in the non-RTO markets.

What advancements have non-RTO transmission providers made to accommodate new resource technologies? Is the current Open Access Transmission Tariff (OATT) sufficient for provide non-discriminatory transmission services by Public Utilities relating to these new and emerging resources? What value might an Independent Market Monitor provide in non-RTO regions? For instance, could IMM State of the Market Reports in non-RTO regions provide customers and state regulators with improved information? Could an IMM help ensure transmission services are adequately being provided to customers. How could an IMM outside of an RTO be structured? Are there lessons from RTOs for improvement in stakeholder participation and governance in non-RTO regions.

 

Moderator	Panelist	Panelist	Panelist
The Honorable Suedeen G. Kelly Partner JENNER & BLOCK	Noel Black Vice President, Federal Regulatory Affairs SOUTHERN COMPANY	Jeff Dennis General Counsel and Managing Director ADVANCED ENERGY ECONOMY	Karen J. Onaran Vice President ELECTRICITY CONSUMERS RESOURCE COUNCIL

SESSION 2B: An Introduction to FERC's Office of Public Participation

This panel will provide an overview of Congress’s and FERC’s authorization and establishment of the OPP.  The panel will discuss the OPP’s core responsibilities and what the Office hopes to achieve.  We will hear the perspective of consumer advocates, energy developers, environmental advocates and the OPP itself on how FERC can level the playing field between the public and a project applicant. Panelists will discuss

(1) the resources that the Office is expected to make available to the public and how they may be accessed; and

(2) how the Office can improve stakeholder involvement - including how industry and the public may interact with the Office and vice versa.

Moderator	Panelist	Panelist	Panelist	Panelist
Tyson Slocum Director of Energy and Climate Program PUBLIC CITIZEN	Elin Swanson Katz Director, Office of Public Participation FEDERAL ENERGY REGULATORY COMMISSION	Tara Kaushik Managing Director, Regulatory Relations SOUTHERN CALIFORNIA EDISON	Monique Watson Partner STEPTOE & JOHNSON LLP	Elizabeth Whittle Partner NIXON PEABODY LLP

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3:15 PM - 3:45 PM: NETWORKING BREAK - Young Lawyer Council and Masters Council Meet up

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3:45- 5:00 PM:  CONCURRENT SESSIONS

SESSION 3A: A Moving Target: Resilience Value and Metrics

As resilience becomes a critical factor for ensuring a reliable grid in the face of significant change and increasing risks, this session will provide an overview of current state vs. long-term strategy for managing the challenge of measuring resilience, the value it adds to reliability and how to balance the integration of risk, regulatory and customer concerns as it evolves. The panel will discuss general ideas for defining resilience metrics, applying these under differing conditions (extreme weather, climate related risk) and how this will impact cost of service.

Moderator	Panelist	Panelist	Panelist
Shari Gribbin Managing Partner CNK SOLUTIONS	Dr. Jessica Bian Vice President, Grid Services GRID-X PARTNERS	Candice Castaneda Senior Counsel NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION	Catherine Elder Principal Associate and Senior Managing Director ASPEN ENVIRONMENTAL GROUP

 

SESSION 3B: Wellness Session

The Attorney Health and Wellness session will focus on challenges (large and small) that lawyers face in a post-Covid world, such as managing the return to the office and new interactive norms with colleagues; managing new dimensions of the family/work life balance; managing work/client expectations; managing long-haul Covid health issues; etc. This session will be a practical, dialogue-oriented discussion with audience questions encouraged. 

 

Moderator	Panelist	Panelist	Panelist
Barbara Mardigian Deputy Clinical Director VIRGINIA JUDGES & LAWYERS ASSISTANCE PROGRAM	Kimberly S. Cuccia General Counsel and Corporate Secretary NISOURCE INC.	Steven Hunt Managing Director GDS ASSOCIATES, INC.	Jessie Joachim Senior Counselor DC BAR, LAWYER ASSISTANCE PROGRAM

5:30 pm -9:30 PM:  2022 CHARITABLE FOUNDATION ANNUAL GALA

Find out about the Charitable Foundation of the Energy Bar Association and its 20th Anniversary Gala Celebration! 
 *For information on the gala and gala tickets visit: Celebrating 20 Years: YOU are the ENERGY in CFEBA! 

Gala Attire: Business or Festive        *Separate ticket required. 

   Wednesday, MAY 11, 2022 - AGENDA (ET)

8:00 AM - 5:00 PM: REGISTRATION OPEN ALL DAY

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8:15 AM - 9:00 AM: MEET UPS

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

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

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9:00 AM - 10:30 AM: GENERAL SESSION: Energy Justice and Clean Energy Infrastructure: Tensions and Opportunities for Evolving Development Goals

As the evolution towards a cleaner energy future continues, one area of recent focus has been how the principles and policies of energy justice (EJ) can coexist with the development needs of increased clean energy infrastructure.  Be it offshore wind development, utility scale solar installations, or transmission buildout to connect it all, there has been much thoughtful debate about the best way to ensure that federal and state energy justice goals remain achievable while at the same time allowing for economic and timely development to occur.

This session is designed to provide both a high level understanding of the relevant legal and regulatory considerations as EJ and energy development goals come together, as well as a deeper dive into specific case examples.  We will explore what tensions exist for these two equally important but at times divergent policies, and also the opportunities that can and have presented themselves.  We will explore the rules and regulations that govern these policies, discuss specific examples of where EJ and development have intersected across the nation, and talk about how members of the Energy Bar Association and others can help support and guide the parties involved.

Attendees will leave this session having a better understanding of

A) what EJ rules and regulations exist, and how they are evolving,

B) how EJ policies impact clean energy development, and examples of how this has played out, and

C) where attorneys and others involved in these matters can and should participate in the process.

Moderator	Panelist	Panelist	Panelist
Julius M. Redd Principal BEVERIDGE & DIAMOND PC	Gilbert Campbell Founder & CEO VOLT ENERGY UTILITY	Tiffany Ganthier Director, Governmental Issues VAN NESS FELDMAN LLP	Matthew Tejada Director - Office of Environmental Justice ENVIRONMENTAL PROTECTION AGENCY

 

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10:30 AM - 11:00 AM: COMMITTEE HUDDLE

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11:00 AM - 12:15 PM: CONCURRENT SESSIONS

SESSION 4A: State Commissioners & The Future of Energy

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	Panelist	Panelist	Panelist	Panelist
The Honorable Diane X. Burman Commissioner NEW YORK STATE PUBLIC SERVICE COMMISSION	The Honorable Abigail Anthony Commissioner RHODE ISLAND PUBLIC UTILITIES COMMISSION	Chair Megan Decker Chair OREGON PUBLIC UTILITIES COMMISSION	The Honorable Odogwu Obi Linton, Esq. Commissioner MARYLAND PUBLIC SERVICE COMMISSION	The Honorable John Reynolds Commissioner CALIFORNIA PUBLIC UTILITIES COMMISSION

SESSION 4B: Transmission Interconnection Panel

Enhancements to the interconnection processes under consideration at many of the RTO/ISOs are designed, among other things, to reduce the time needed to completion. But the growth of utility-scale renewable energy projects continues to put pressure on, if not overwhelm, the interconnection queues of these organizations. At the same time, integration of utility-scale renewable energy projects will require substantial transmission facility development in order to transmit the power from remote locations to load centers. The RTO/ISO processes to vet and approve these projects are highly controversial. And the manner in which the significant construction costs will be allocated is equally as controversial.
 

This panel will explore the progress being made at the RTO/ISO to address these complex issues. Representatives of the RTO/ISOs, project developers, state regulators, and consumer advocates will offer their perspectives.

Moderator	Panelist	Panelist	Panelist	Panelist
Chairman Jason M. Stanek Chairman MARYLAND PUBLIC SERVICE COMMISSION	Jeff Bladen Global Director of Energy META	Arash Ghodsian Senior Director, Transmission & Policy EDF RENEWABLES NORTH AMERICA	Aubrey Johnson Executive Director, System Planning & Competitive Transmission MIDCONTINENT INDEPENDENT SYSTEM OPERATOR	Dehn Stevens Vice President, Transmission Development and Planning MIDAMERICAN ENERGY COMPANY

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12:15 PM - 2:00 PM: Annual Meeting and Luncheon Speaker

This is the 76th Annual Meeting of the Energy Bar Association. At the meeting, the EBA membership will elect officers and directors for the 2022-2023 year. All EBA members are encouraged to attend.

Sudeep Reddy Managing Editor, Policy POLITICO

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

SESSION 5A: Large-Scale Solar Siting: Regulatory and Land Use Considerations

This session will explore the processes for siting and permitting large- (or utility-) scale solar facilities on public and private lands. While regulations on private lands can vary from state-to-state and even county-to-county, attendees will learn about nationwide trends in siting restrictions as well as emerging decommissioning and end-of-life issues in comparison to similar requirements for other energy infrastructure. The session will also address rents, fees, and other commercial issues; non-regulatory siting considerations such as proximity to transmission and interconnection; and secondary land use issues such as agrivoltaics, grazing, pollinator-attracting plant species, and industry best practices.

Moderator	Panelist	Panelist	Panelist
Ben Norris Director of Environmental Policy & Counsel SOLAR ENERGY INDUSTRIES ASSOCIATION	Alyssa Edwards Vice President, Environmental Affairs and Government Relations LIGHTSOURCE BP	Jessica Wilkinson Senior Policy Advisor, Energy & Infrastructure THE NATURE CONSERVANCY	Andrew Walmsley Senior Director, Congressional Staff Relations AMERICAN FARM BUREAU FEDERATION

 

SESSION 5B: The Challenges of Canada/US Cross-Border Transmission Projects, A Case Study of the Quebec/Massachusetts Export and Transmission Project

As part of the Canadian Chapter session at the Annual Conference, panelists François Ramsay, General Counsel of Hydro-Quebec and Scott Mahoney, Senior Vice-President, Secretary and General Counsel of Avangrid Inc., will discuss the challenges of approving and executing a cross border clean energy transmission project involving two countries, two states and one province and will review the legal, regulatory, political and economic hurdles and challenges along the way, dealing with different state and federal agencies as well as competitor funded legislative and court challenges.

Moderator	Panelist	Panelist
Louis Legault Director of Legal Services Régie de l'énergie	Robert Scott Mahoney Senior Vice President - General Counsel & Corporate Strategy AVANGRID, INC.	François D. Ramsay General Counsel HYDRO QUÉBEC

 

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3:15 PM - 3:45 PM: BREAK

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3:45 PM - 5:15 PM: CLOSING GENERAL SESSION: Challenges and Opportunities in a Decarbonized World

The natural gas industry is in the cross hairs of current state and federal efforts aimed at reducing the amount of greenhouse gas emissions produced by the burning of fossil fuels (or decarbonization). While the speed and direction of this path to a “net zero” future is still to be determined, the conventional wisdom is that the impact on gas utility operations and infrastructure will be profound. However, where there is uncertainty, there is also opportunity, and with the right balance of government policy, financial incentives and technology, the industry can be an equal partner in the clean energy transition.

Moderator	Panelist	Panelist	Panelist	Panelist
Norman A. Pedersen Attorney HANNA AND MORTON, LLP	Dr. Karl Hausker Senior Fellow WORLD RESOURCES INSTITUTE	Adina Owen Assistant General Counsel DT MIDSTREAM	Neil Navin Vice President, Clean Energy Innovations Southern California Gas Company	Melissa Whitten Managing Consultant DAYMARK ENERGY ADVISORS

 

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5:15 PM - 6:15 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. 

   Sponsorship and exhibition opportunities

Find out how to get in front of your ideal customers and support the energy bar, download the 2022 National Conference Sponsorship Opportunities page for information about sponsorship and exhibiting opportunities.

MEETING HASHTAG:  #EBA2022AM

   Conference Location & Hotel Information

Marriott Marquis

901 Massachusetts Ave NW
Washington, DC 20001

EBA has reserved a room block at the Marriott Marquis Hotel for the dates of May 9, 2022 to May 12, 2022. Our special rate is $329 per night plus tax. The block cut off is April 24th. The link to book within our block is posted below:

https://book.passkey.com/go/EnergyBarMay22

   Continuing Legal Education (CLE) Credit

This program is eligible for 10.75 hours of CLE credit in 60-minute states, including 1.25 hours of Wellness credit, and 12.75 hours of CLE credit, including 1.5 hours of Wellness credit, in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

To Receive CLE Credit:  If you have met the participation requirements, you will receive a personalized CLE affidavit from mcle-eba@americanbar.org for the program at which you attended at least one session to completion. Please check your spam or junk folders as these emails often end up there. Please note you will fill out one affidavit for the full event. Once you complete the affidavit, you will be able to download your certificate(s) of attendance and they will be emailed to you as well from mcle-eba@americanbar.org

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  Registration Fees

EBA membership must be current to access member rates. 

Registration Types	Early Member Rate until April 12	Member Rate After April 12	Nonmember
Attorney and Energy Professional	$990	$1,050	$1,295
Young Lawyers**	$825	$895	$1,100
In-House Counsel	$500	$550	$600
Government/Academic Attorney and Energy Professional	$535	$585	$685
Solo/Small Firm Attorney	$550	$615	$1,295
Retiree	$500	$550	$600
Student	$375	$375	$550
Speakers Attending Both Days	$375	$375	$375
Speakers Attending One Day	FREE	FREE	FREE
Media***	FREE w/ discount code	FREE w/discount code	$1,295

 

*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 12) 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. 

** Graduated from law school in 2018 or after

*** Please contact Michele Smith msmith@eba-net.org to receive the discount code.

WAYS TO REGISTER

• By credit card Online
  
   
• By check, download Register PDF 
   
• 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 odwelley@eba-net.org or kcutler@eba-net.org

    Conference Policies

EBA COVID-19 POLICY

Throughout the COVID-19 pandemic, EBA has focused on protecting the health and safety of our members, employees, and their families. As we resume in-person EBA meetings, we are extending our health and safety commitment to our meeting attendees, speakers, and other stakeholders.

It is imperative that we all continue to take the precautions necessary to minimize the spread of COVID-19, which will allow EBA to offer high quality programs and valuable networking opportunities gained from in-person events.

 Vaccinations

EBA strongly recommends that anyone attending an EBA-hosted meeting be fully vaccinated for COVID-19.  EBA staff are fully vaccinated, and it is expected that hotel staff and vendors are fully vaccinated.

 Mask Policy

Along with vaccination recommendations, all EBA meeting attendees, speakers, guests, and exhibitors will follow jurisdictional requirements for mask wearing. As an additional precaution, EBA recommends all attendees wear masks regardless of local requirements.

Social Distancing

Attendees should be mindful of their space to the extent possible and are encouraged to maintain 6 feet of social distance when able.

Special Accommodations

Persons in need of special accommodation should inquire with Jack Hannan, Chief Executive Officer, jhannan@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 April 30, 2022 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 30, 2022 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 April 30, 2022 (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.

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 Jack Hannan, jhannan@eba-net.org.

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