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.
|Energy Law Academy Sponsorship Levels & Benefits
- One complimentary registration
- Logo featured in all event marketing circulated to over 5,000 attorneys & energy professionals twice
- Listed in materials circulated to all attendees
- Verbal recognition at the opening by Chapter President during welcome remarks
- Recognition on the conference webpage
- Logo recognition on social media
- Recognition on the recording that will be offered in our e-Library.
Contact: Mary Margaret Frank, Manager, Events & Volunteer Relations, E: email@example.com
Wednesday, July 28
Access speaker bios by clicking on their name
12:15 PM - 12:30 PM: Introductory Matters
Faculty: Dan Frank, Partner, Eversheds Sutherland (US) LLP
12:30 PM - 1:15 PM: 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
1:15 PM - 2:00 PM: 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
2:00 PM - 2:15 PM: Break
2:15 PM - 2:30 PM: 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.
2:30 PM - 4:30 PM: 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
Energy Industry Analyst - Subject Matter Expert
4:30 PM - 5:00 PM: Keynote Speech
Director, Division of Electric Power Regulation-West,
Office of Energy Market Regulation
thursday, july 29
12:10 PM - 12:15 PM: Introductory Matters
Faculty: Jay Morrison, Chief Legal Officer, ElectriCities of NC
12:15 PM - 1:00 PM: 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
1:00 PM - 1:45 PM: 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.
1:45 PM - 2:45 PM: 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
Conor B. Ward
Senior Corporate Counsel
WEC Energy Group – Business Services
2:45 PM - 3:00 PM: Break
3:00 PM - 4:00 PM: 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
4:00 PM - 5:00 PM: 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
Assistant General Counsel, Compliance
5:00 PM - 5:05 PM: Conclusion
Faculty: Jay Morrison, Chief Legal Officer, ElectriCities of NC
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: 8.0 hours in TX and PA.
- Pending: 7.5 hours in VA.
If you require CLE in another state not listed here, please contact Lisa Levine at LLEVINE@EBA-NET.ORG.
|Multi-Registration Discount (4th person and beyond)
*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 firstname.lastname@example.org for more information.
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 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.
Persons in need of special accommodation should inquire with Lisa Levine, Chief Executive Officer, email@example.com 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 firstname.lastname@example.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.
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.