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Program Overview 

Please join us in person at The Renaissance Downtown Hotel in Washington, DC. for a day and a half of discussions focused on all aspects of energy law, policy and trends on October 11-12, 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.

Topics will include supply chain impacts, ESG, LNG, hydrogen, stranded assets, crisis management, and West Virginia vs. EPA.

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    Conference Agenda 

Meeting HashTag:  #EBA2022MYEF

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   Tuesday, October 11, 2022 - Agenda (ET)

*Full Agenda and Sessions Coming Soon!

11:00 AM - 6:00 PM: REGISTRATION OPEN ALL DAY

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11:30 AM - 12:30 PM: Regional Chapter Caucus

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11:30 AM - 12:30 PM: Special Events: New Member Meet Up, In House Counsel Meet Up

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12:30 PM - 1:00 PM: WELCOME AND KICKOFF KEYNOTE

Samuel T. Walsh General Counsel Department of Energy

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1:00 PM - 2:30 PM:  GENERAL SESSION 1: Inflation Reduction Act: Boosting America’s Clean Energy Production Capability

On August 16, 2022, President Biden signed the Inflation Reduction Act (“IRA”) into law.  The IRA is a historic investment in clean energy project development and significantly increases the country’s ability to reduce its projected greenhouse gas emissions.  Specifically, the IRA provides $369 billion in incentives to reduce GHG emissions, including through the extension and expansion of the renewable energy production tax credit (“PTC”) and investment tax credit (“ITC”).  This session will evaluate the impact the IRA is expected to have on clean energy project development, including the potential to (a) increase domestic production of solar modules and other renewable energy components through the Section 45X advanced manufacturing production tax credit, (b) secure financing, reach final investment decisions, and construct qualifying projects with the extension and expansion of the PTC and ITC, and (c) study and develop interregional transmission connections to bolster offshore wind energy development.  The session will also touch on the decision to tie the leasing of federal lands and waters for renewable projects to oil and gas leasing and what we can expect from Congress next in terms of energy legislation.

 

Moderator	Speaker	Speaker	Speaker
Elizabeth C. Crouse Partner K&L GATES LLP	Edward G. Hild Principal, Government Relations BUCHANAN INGERSOLL & ROONEY PC	Kate Marks Senior Vice President VENN STRATEGIES	Jim Wrathall General Counsel NEW ENERGY EQUITY LLC

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2:30 PM - 2:45 PM: BREAK

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

SESSION 1A: LNG and European Energy Crisis

According to EIA, the Unites States exported a record level of natural gas in 2021, serving 41 countries with total annual exports at 6.65 trillion cubic feet.  And the U.S. is on pace to become the world’s biggest LNG exporter in 2022, surpassing Qatar and Australia, with exports reaching 11.5 billion cubic feet per day.  These exports come at a time when Europe is in crisis, Russia is using energy as a weapon against democratic nations, and energy prices are escalating.  In this environment, world markets are demanding even more U.S. LNG.  But how has the United States become such an important LNG exporter, how do massive LNG export facilities get financed and built, and how does U.S. regulation, politics, and policy affect the supply and demand of this critical commodity?  This panel will begin with an overview of the global LNG market, explain what is needed to support projects and the growing demand for U.S. LNG, and discuss what is at stake for the United States, Europe, and the world.

Moderator	Speaker	Speaker	Speaker
Mosby G. Perrow Past President EBA Partner VAN NESS FELDMAN LLP	Brian A. Bradshaw Partner SIDLEY AUSTIN LLP	Katharine Ehly Senior Policy Advisor NATURAL GAS SUPPLY ASSOCIATION	Adam Prestidge Senior Vice President, Head of Legal and Corporate Affairs GLENFARNE ENERGY TRANSITION

 

SESSION 1B: Can New Interregional Transmission Help Solve RTO Reliability Issues?

Certain regions of the county have experienced severe weather events that, given climate change, will only be exacerbated in the coming years.  During these weather events and in other emergency situations, we have seen RTOs experience a significant capacity and energy shortfalls that can be met in an effective and cost-effective manner by interregional merchant transmission projects.  Interregional transmission allows for generation to be sourced from distant locations – far away from the weather events and causes of other emergencies.  Interregional transmission projects that are HVDC act as generation projects at the sink and are bidirectional, allowing sourcing of generation at either end (i.e., at disparate geographic locations), adding to the reliability and resiliency needs of the RTOs to which the HVDC project will be interconnected.  The merchant transmission model, where not all of the costs of the transmission project are passed through in rates, allows for the RTOs to obtain the reliability and resiliency benefits of interregional transmission at a lower cost to load.  The panel will explore the potential reliability and resiliency benefits of interregional HVDC transmission and the cost benefits of the merchant model.  The panel will also explore what tariff and contractual mechanisms would be needed to implement this approach.

Moderator	Speaker	Speaker	Speaker	Speaker
David L Schwartz Partner LATHAM & WATKINS LLP	David W. Kelley Director of Seams and Tariff Services SOUTHWEST POWER POOL	Nicole Luckey Senior Vice President, Regulatory Affairs INVENERGY LLC	Michael Skelly Founder and CEO GRID UNITED LLC	David Souder Executive Director of System Planning PJM INTERCONNECTION

 

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4:00 PM - 4:15 PM: BREAK

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4:15 PM - 5:30 PM: CONCURRENT SESSIONS

SESSION 2A: Energy Projects Permitting Deep Dive: Understanding Key Environmental Permits in Light of Proposed Permitting Reforms

All linear energy projects, whether subject to federal or state siting rules, will be subject to a multitude of federal, state, and local environmental permits before they can commence construction and enter service.  The U.S.’s vast permitting scheme even caused President Obama to admit there is no such thing as a “shovel ready” project.  Interstate and intrastate pipeline and electric transmission lines have been felled by failure to achieve compliance with the National Environmental Policy Act (“NEPA”) or its state-level equivalent, Endangered Species Act (“ESA”), and Clean Water Act (“CWA”), among other permitting regimes.  Come learn how these permitting schemes interplay with project development and/or project delay and destruction, and the impacts of proposed permitting reforms in Congress on the build out of domestic infrastructure.

Moderator	Speaker	Speaker	Speaker	Speaker
Emily P. Mallen Partner SIDLEY AUSTIN LLP	Edward Boling Partner PERKINS COIE LLP	John Cossa General Counsel FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL	Alexander Herrgott President and CEO THE PERMITTING INSTITUTE	Lynn E. Mostoller Lawyer SUTIN, THAYER & BROWNE

SESSION 2B: CRISIS MANAGED! Managing Risk on the Energy Grid

In recent years, the energy grid has had to adapt to a number of reliability challenges and capacity constraints caused by extreme weather, cyber incidents, and resource retirements.  Legislators and regulators have taken notice, with a number of recent statutes and rulemakings empowering regulators such as FERC, NERC, PHMSA, and TSA to play a larger role in risk mitigation, and sometimes complicating company compliance efforts.  Please join us for a panel of high-level energy insiders to learn how they manage risk and offer insights on the skills necessary to pivot in and respond to real world crisis events.

Moderator	Speaker	Speaker	Speaker	Speaker
Delia D. Patterson Strategic Advisor AMERICAN MUNICIPAL POWER, INC.	Craig Glazer Vice President - Federal Government Policy PJM INTERCONNECTION	Angela Kolar Senior Vice President, Operations Services & Chief Risk Officer COLONIAL PIPELINE COMPANY	William Magness Senior Principal Consultant DNV	Sônia C. Mendonça Senior Vice President, General Counsel, and Corporate Secretary NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION (NERC)

5:30 pm -7:30 PM:  2022 Honorable Chief Judge Curtis L. Wagner Administrative Law Judges (ALJ) Reception

Reception Attire: Business or Festive *Separate ticket required. Can be purchased at the same time as Mid-Year Energy Forum Ticket 

   Wednesday, October 12, 2022 - AGENDA (ET)

7:00 AM - 5:00 PM: REGISTRATION OPEN ALL DAY

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7:30 AM - 8:30 AM: Special Event: Women in Energy Breakfast

Amanda Riggs Conner
Vice President, FERC and RTO Strategy and Policy
AMERICAN ELECTRIC POWER

Not attending the forum? You can still buy a Women in Energy Breakfast ticket:

Buy Ticket

 

This event is Sponsored by:

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8:00 AM - 9:00 AM:  Continental Breakfast and Exhibits

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 9:00 AM - 10:30 AM:  GENERAL SESSION 2: West Virginia v. EPA: What the Major Questions Doctrine Means for Environmental Protection, Energy Regulation, and Administrative Law

The panel discussion featuring environmental, energy, and administrative law experts will explore the Supreme Court’s decision in West Virginia v. EPA. While petitioners were focused on the scope of the Environmental Protection Agency’s authority to regulate greenhouse gas (GHG) emissions from existing fossil-fired power plants under Clean Air Act section 111(d), the decision, in which the Court announced the Major Questions Doctrine, has implications beyond EPA’s next steps to address GHG emissions from stationary sources. The expert panel will explore the decision and the Major Questions Doctrine, with a focus on the future of administrative practice under this new regime.

Moderator	Speaker	Speaker	Speaker	Speaker
Harvey L. Reiter Partner STINSON LLP	Samuel G. Backfield Legal Counsel to Commissioner Christie FEDERAL ENERGY REGULATORY COMMISSION (FERC)	Elizabeth Boucher Dawson Counsel CROWELL & MORING LLP	Aram A. Gavoor Associate Dean for Academic Affairs, Professorial Lecturer in Law THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL	Matthew Z. Leopold Partner HUNTON ANDREWS KURTH LLP

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10:30 AM - 11:00 AM: BREAK

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

SESSION 3A: Recent Developments in Cybersecurity: New Legislation and Directives Applicable to Energy Companies

This session will discuss recent updates to legislation and regulations impacting the cybersecurity compliance and incident reporting obligations of regulated energy companies and provide a forum to discuss how other critical infrastructure companies are navigating similar obligations.  Specifically, the session will discuss the heightened incident reporting requirements applicable to the electric and natural gas industries under the Cyber Incident Reporting for Critical Infrastructure Act of 2022.  The session will also cover the TSA’s revised Security Directive for critical pipelines and LNG facilities, which takes a more flexible approach to compliance than TSA’s prior directives, thereby enabling greater industry collaboration and information sharing.

Moderator	Speaker	Speaker	Speaker
Shannon E. O'Neil Associate DAVIS WRIGHT TREMAINE, LLP	Lauren Boas Hayes     Senior Advisor for Technology and Innovation, CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY (CISA)	Dana-Megan Rossi Senior Director of Global Incident Response Services, Threat Operations Center DRAGOS, INC.	Timothy Weston Director, Strategy and Performance TRANSPORTATION SECURITY ADMINISTRATION

SESSION 3B: Regulation of Hydrogen Pipelines: The Debate

The Infrastructure Investment and Jobs Act and the Inflation Reduction Act provide several incentives meant to encourage growth of the hydrogen industry, but it remains unclear how interstate transportation of hydrogen will be regulated. Interstate hydrogen pipelines and storage facilities may be subject to FERC regulation under the Natural Gas Act or Interstate Commerce Act, or, alternatively, may be subject to regulation by the Surface Transportation Board. It is also possible that a new regulatory regime could be designed for hydrogen infrastructure.

Panelists will debate which, if any, of the existing laws applies to hydrogen transportation and will discuss legislative and regulatory actions that could be taken to encourage growth of the industry while ensuring reasonable transportation rates.

Moderator	Speaker	Speaker	Speaker
Marcia Hook Partner KIRKLAND & ELLIS LLP	Michael Diamond Partner VAN NESS FELDMAN LLP	Joseph Hicks Counsel VENABLE LLP	Amanda B. Mertens Campbell Vice President, Government & Regulatory Affairs THE WILLIAMS COMPANIES

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12:15 PM - 1:45 PM: Luncheon Speaker and Presentation of Awards

Tristan Brown Deputy Administrator, Pipeline and Hazardous Materials Safety Administration U.S. DEPARTMENT OF TRANSPORTATION

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2:15 PM - 3:30 PM: CONCURRENT SESSIONS

SESSION 4A: The Ethics of Cybersecurity

This CLE examines the ethics rules implicated by cybersecurity.  The first part of the program examines a lawyer’s duty of competence (1.1) with respect to data security.  The second portion of the program explains a lawyer’s confidentiality (1.6) obligations with respect to protected client information.  The third portion of the program analyzes how, and when, a lawyer needs to communicate (1.4) a suspected data breach to her client. The final portion of the program discusses the Rules governing the supervision of trained IT professionals.

Speaker	Speaker
Hilary Gerzhoy Vice Chair, Legal Ethics and Malpractice HWG LLP	Cynthia G. Wright Assistant Disciplinary Counsel DISTRICT OF COLUMBIA, OFFICE OF DISCIPLINARY COUNSEL

 

SESSION 4B: Supply Chain Issues and the Clean Energy Transition

As the Biden Administration and companies and countries around the world look to deploy clean energy technology, ensuring well-functioning supply chains of critical components is increasingly important.  But, energy supply chains have been confronting multiple challenges, such as the U.S. Department of Commerce’s Anti-Circumvention Investigation into whether solar cell and module manufacturers in Southeast Asia were skirting antidumping and countervailing tariffs on Chinese goods.  The solar industry has also faced issues related to ethical sourcing related to claims of Uyghur slave labor in Xinjiang, China in the solar supply chain.  In addition, with the Inflation Reduction Act and other U.S. laws, developers face domestic sourcing requirements. This session will explore these supply chain issues and their impact on the deployment of clean energy technologies.

Moderator	Speaker	Speaker	Speaker
Vanessa Sciarra Vice President, Trade & International Competitiveness AMERICAN CLEAN POWER ASSOCIATION	William Davis Partner CAPITOL TAX PARTNERS	Stacy J. Ettinger Partner K&L GATES	Jessica Lawrence-Vaca Vice President, Government Affairs    SOLV ENERGY

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3:30 PM - 3:45 PM: BREAK

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3:45 PM - 5:15 PM: CLOSING GENERAL SESSION: Raising the Bar: Focus on Mitigating the ‘Social’ Aspect of ESG Risks

Giving new life to the “S” in ESG:
 

• Possible approaches and limits to implementation
• Jurisdictional scan of legal and regulatory responses
• What more can we all do?

When considering the impact of ESG on energy companies and regulators, the “S” of ESG is often not well understood as social factors are inherently complex, difficult to define, subject to individual judgment and almost impossible to quantify or measure. What are the challenges to mitigating the social aspect of ESG risks, and how can energy companies and regulators adapt our practices to maintain social license and relevance in our post-pandemic era?”

Moderator	Speaker	Speaker	Speaker
Debra Everitt McCormack Managing Director, Global Board Effectiveness and Sustainability Lead ACCENTURE PLC	Emily Duncan Vice President, Investor Relations CONSTELLATION ENERGY CORPORATION	Yolanda Domingo Executive Director of Rates BRITISH COLUMBIA UTILITY COMMISSION	Kiera Zitelman Technical Manager, Center for Partnerships and Innovation NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS (NARUC)

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5:30 PM - 8:30 PM: Closing Reception and Celebration Dinner

Honorable James Danly Commissioner Federal Energy Regulatory Commission

 

   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:  #EBA2022MYEF

   Conference Location & Hotel Information

Renaissance Washington, DC Downtown Hotel

999 9th St NW
Washington, DC 20001

EBA's room block at the Renaissance is now closed.

   Continuing Legal Education (CLE) Credit

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

Register

EBA membership must be current to access member rates.

Registration Types	Early Member Rate until September 12	Member Rate After September 12	Nonmember
Attorney and Energy Professional	$950	$1,050	$1,295
Young Lawyers**	$785	$895	$1,100
In-House Counsel	$440	$550	$600
Government/Academic Attorney and Energy Professional	$495	$585	$685
Solo/Small Firm Attorney	$510	$615	$1,295
Retiree	$460	$550	$600
Student	$335	$375	$550
Speakers Attending Both Days	$335	$375	$375
Speakers Attending One Day	FREE	FREE	FREE
Media***	FREE w/ discount code	FREE w/discount code	FREE w/ discount code

*Multi Registration Discount: For firms registering 5 or more people, EBA will provide you a discounted registration rate of $625 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 Olivia Dwelley odwelley@eba-net.org to receive the discount code.

WAYS TO REGISTER

• By credit card:Online
  
   
• By check, download Registration PDF
   
• Mail form with payment to: EBA, 2000 M St. NW, Suite 715, Washington, DC 20036
  • Phone: (202) 223-5625

    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.

TRANSPORTATION

For directions to the hotel and information regarding parking, see the hotel website. 

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 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 September 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 September 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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