Energy Law Academy 102: An Introduction to Electricity and Electric Rate Regulation

102

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Program Overview

The goal of Course 102 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, the 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.

library  PROGRAM SCHEDULE

Wednesday, July 28

Introductory Matters

Faculty:

  • Dan Frank, Eversheds Sutherland (US) LLP
  • Mary Margaret Frank, Manager, Events and Volunteer Relations, EBA

Introduction – Legal and Economic Overview

This session will address the extent and limits of state and federal jurisdiction under state law and the Federal Power Act (FPA). Our faculty will cover:

  • The basics of the electric utility industry
  • State Regulation and Limitations (“Attleboro Gap”)
  • Federal Regulation under the FPA
  • FERC Enforcement Authority

Faculty: TBD

Key Regulatory Constructs

In this session, our faculty will explore key regulatory constructs used in electric rate regulatory matters, including:

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

Faculty:

  • Jonathan Schneider, Stinson

Break

The Role of Non-Jurisdictional Entities in the Regulatory Scheme

In this session, our faculty will explore the role of non-jurisdictional entities, such as municipal utilities and electric cooperatives, in the state and federal regulatory scheme.

Faculty:

  • Dan Frank, Eversheds Sutherland (US) LLP

Traditional Cost-of-Service Regulation

In this session, our faculty will do a deep-dive into the world of traditional cost-of-service regulation in the electric utility industry. In particular, our faculty will explore 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

Faculty: TBD

Keynote Speech

 

thursday, july 29

Introductory Matters

Faculty:  

  • Dan Frank, Eversheds Sutherland (US) LLP

Alternative Regulatory Structures

In this session, our faculty will discuss alternatives to traditional cost-of-service regulation, such as market-based rates. Topics to be discussed include:

  • 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

Faculty: TBD

FERC Oversight of Market Manipulation

In this session, our faculty will provide an introduction to FERC’s oversight of the wholesale power markets using its enforcement authority over market manipulation.

Faculty:

  • Jonathan Schneider, Stinson

Diverse Market Structures

In this session, our faculty will provide an overview of the various market structures across the nation and the regulatory implications of having diverse market structures. Topics will include:

  • Evolution of competitive generation – from PURPA to RTOs
  • RTOs – purpose, authority, and regulation
  • Non-RTO regions

Faculty: TBD

Break

Overview of Relevant Electric Markets and Products

In this session, our faculty will explore the various markets and products in electricity, including:

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

Faculty: TBD

Reliability Regulation

In this session, our faculty will provide an overview of the regulation of reliability under Section 215 of the Federal Power Act, including:

  • FPA Section 215 – responsibilities of the Electric Reliability Organization (NERC) and FERC
  • Standards development process
  • Enforcement and settlement practice

Faculty: TBD

Conclusion

Faculty:

  • Dan Frank, Eversheds Sutherland (US) LLP

 

Speaker Bios

cleapproved   CONTINUING LEGAL EDUCATION (CLE):

EBA will seek up to x hours CLE in 60-minute states and x hours CLE in 50-minute states.  EBA will ordinarily seek CLE from VA, NY, CA & PA.   Additionally, some states allow attorneys to earn credit through reciprocity or self-submission. View accreditation information for your state at https://www.americanbar.org/events-cle/mcle/

The following states have been approved or are pending:

  • Approved: 
  • Pending: 

If you require CLE in another state not listed here, please contact Lisa Levine at LLEVINE@EBA-NET.ORG.

fees   REGISTRATION FEES:

Register Now

Type Member Rate Non-Member Rate
Registration $300 $350
Student $95 $350
Multi-Registration Discount (4th person and beyond) $275 NA

 

*For firms registering 4 people or more, at the same time, EBA will provide you a group discounted registration rate of $275 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 mmfrank@eba-net.org for more information. 

 policy_icon policies 

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

CANCELLATION POLICY:

Refunds will be given to registrants who submit written cancellation to the address shown on the registration form by 7/19/2021, 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 7/19/2021. If a cancellation is requested after the deadline and accepted, there will be a $100 administrative fee. Substitutions are acceptable by 7/19/2021 (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.

SPECIAL ACCOMMODATIONS

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

EBA HARDSHIP POLICY

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.

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.

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.