EBA Primer Series: Electricity and Electric Rate Regulation: An Introduction


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Program Overview

The goal of this Primer is to provide an overview of electric regulation at the federal and state levels. The course begins with a brief overview of how electricity is generated, transmitted, and delivered to customers, and covers key legal milestones in electric regulation since commercial electric service began in the 1870s. The course explains how state and federal jurisdiction over different segments of the industry emerged under the Federal Power Act of 1935 and later legislation, including the Public Utility Regulatory Policies Act of 1978 and the Energy Policy Acts of 1992 and 2005. We will review key regulatory concepts underlying all forms of regulation, from traditional, cost-of-service regulation to the parameters for setting market-based rates. The course will also cover alternative regulatory regimes, development of competitive wholesale and retail electric markets, enforcement of the prohibition against market manipulation, the role of Regional Transmission Organizations, and the reliability regime administered by the North American Electric Reliability Corporation.

Program Brochure and Registration Form (PDF)


Pinnacle West Capital Corporation
400 N 5th St
Phoenix, AZ 85004


thursday, march 14

12:00 PM - 1: 00 PM:  Boxed Lunch and Networking Hour

1:00 PM - 1:15 PM: Welcome and Introductions

Daniel E. Frank, EBA Primer Coordinator and Partner, Eversheds Sutherland (US) LLP
Bob Smith, General Counsel, Arizona Public Service Company and Pinnacle West Capital Corporation

1:15 PM - 1:45 PM: Introduction to Electric Industry

Jennifer L. Spina, Associate General Counsel, Pinnacle West Capital Corporation

  • Extent and Limits of Federal Jurisdiction
  • State Regulation and Limitations (Attleboro Gap)
  • Federal Regulation under the FPA
  • FERC Enforcement Authority

1:45 PM - 2:45 PM: Key Regulatory Constructs & Market Manipulation

Jonathan SchneiderJonathan D. Schneider, Stinson Leonard Street LLP

  • Just and Reasonable Rates
  • Prudent Investment
  • Used and Useful Investment
  • Known and Measurable Costs
  • Cross Causation and Subsidization

2:45 PM - 3:00 PM: The Role of Non-Jurisdictional Entities in the Regulatory Scheme

Dan FrankDaniel E. Frank, EBA Primer Coordinator and Partner, Eversheds Sutherland (US) LLP

3:05 PM - 3:15 PM: Break

3:15 PM - 5:30 PM: Traditional Cost-of-Service Regulation

Jennifer Spina, Associate General Counsel, Pinnacle West Capital Corporation

  • Cost-of-Service Regulation – What It Means
  • The Five-Step Process to Determine Regulated Rates
    • Revenue Requirement
    • Cost Functionalization
    • Cost Classification and the FERC Uniform System of Accounts
    • Cost Allocation
    • Rate and Tariff Design

networkofpeople5:30 PM - 7:00 PM: Networking Reception

7:00 PM: Dinner on your own

friday, march 15

7:30 AM -  8:00 AM: Continental Breakfast 

8:00 AM - 8:45 AM: Alternative Regulatory Structures – Market-Based Rates vs. Traditional Cost-of-Service Regulation

Byron Corum, Federal Energy Regulatory Commission 

  • Legal and Economic Basis for Market-Based Rates
  • Market Analysis
  • Scope of Traditional Regulation
  • Mixed regulation – when some components are competitive and others are not

8:45-9:45 AM: Diverse Market Structures Across the Nation and Regulatory Implications

 Leopoldo E. Soto Arriagada, Ph.D.  Leopoldo E. Soto Arriagada, Ph.D, Market-Based Rates, Office of Energy Market Regulation, FERC

  • Evolution of Competitive Generation – From PURPA to RTOs
  • RTOs – Purpose/Authority and Regulation
  • Non-RTO Regions

9:45-10:00 AM: Break

10:00 AM - 11:00 AM: Overview of Relevant Electric Markets

Leopoldo E. Soto Arriagada, Ph.D, M, Market-Based Rates, Office of Energy Market Regulation at the Federal Energy Regulatory Commission

  • Energy (day-ahead, real-time)
  • Capacity (in some RTOs)
  • Ancillary Services

11:00 AM - 12:00 PM: Reliability Regulation Under Section 215 of the FPA

christina bigelow Christina Bigelow, Pinnacle West Capital Corporation

  • Federal Power Act Section 215 – Responsibilities of the Electric Reliability Organization (NERC) and FERC
  • Standards Development Process
  • Enforcement & Settlement Practice

12:00 PM - 12:15 PM: Concluding Remarks

hotel  HOTEL: 

  • Sheraton Grand Phoenix, 340 N.  Third Street, Phoenix, AZ 85004 – Phn: (602) 262-2500
  • The Westin Phoenix Downtown, 333 N. Central Avenue, Phoenix, AZ 85004 - Phn: (602) 429-3500
  • Hyatt Regency Downtown, 122 N. Second Street, Phoenix, AZ 85004 – Phn: (602) 252-1234
  • Holiday Inn Express & Suites Phoenix Downtown, 620 N. Sixth Street, Phoenix, AZ 85004 – Phn: (602) 452-2020


EBA will apply for CLE in VA, CA.  Attorneys are able to self submit for AZ.  If you have questions regarding CLE please contact Lisa Levine at llevine@eba-net.org


Registration includes the two-day Primer, electronic attendee handouts, lunch, breakfast, breaks, and reception.

THE DEADLINE FOR RECEIPT OF EARLY-BIRD REGISTRATION IS February 28, 2019. Primer registrations will only be accepted when accompanied by a check, money order, government purchase order/training form or credit card information and may be limited by the capacity of the facilities. Registrations will not be held without payment.

EBA’s Primer Series pre-registration closes on March 11th. Thereafter, registrations can only be taken on-site at  the conference.



Early Bird
(JUST extended to 3/6/19!!) 


Private/ Attorney Member  $350 $390
Private/ Energy Professional Member  $325 $365
Private/ Young Attorney $325 $365
Solo Practitioner/Small Firm Member $350 $390
Non-Member  $415 $415
Full Time Student (EBA Member) $100 $140
Multi-Registration Discount (4th person and beyond) $300 $300


*For firms registering 4 people or more, at the same time, EBA will provide you a group discounted registration rate of $300 per person for the 4th person and beyond. Applies to Private and Energy Professional members only. All attendees in the group must be members. Contact kwalecka@eba-net.org for more information. 



1.   Online:  Register Now 

2.   Fax your completed REGISTRATION FORM with payment to EBA: (202) 833-5596

3.   Mail your REGISTRATION FORM  and payment to EBA, 2000 M St. NW, Suite 715, Washington, DC 20036

questions  policies 

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


Refunds will be given to registrants who submit written cancellation to the address shown on the registration form by 3/10/2019, less a $50 administrative fee. The cancellation policy also applies to registration forms that are received and accepted after the deadline date. No refunds will be given after 3/10/2019. If a cancellation is requested after the deadline and accepted, there will be a $100 administrative fee. Substitutions are acceptable by 3/13/2019  (non-members substituting for members will be charged the difference between the 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. Confirmations will be sent to registrants via email if an address is provided.


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


EBA offers eligible student, government, and academic members’ discounts on the rates for most EBA programs which carry CLE credits, including EBA’s Annual and Mid-Year meetings. EBA will, on a case-by-case basis, consider requests from members to attend EBA programs at discounted rates. Discount requests must be made to EBA’s office at least fifteen days prior to the close of regular registration for the program in question. Requests will be considered by EBA if timely and complete. Discount requests must demonstrate a substantial financial hardship. Please submit your request to llevine@eba-net.org.


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.

pictures   PHOTOGRAPHS:

By registering for this program, you authorize EBA to use any photographs taken of you during the event. Photographs may be used in promotional materials or stories that appear in professional publications and websites.

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