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, 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.

**Final agenda and speakers coming soon!**

Wednesday, June 25

11:30 AM – 12:15 PM (Mountain Time): Registration and Lunch

12:15 – 12:30 PM: Welcome and Opening Remarks

12:30 – 1:30 PM: Introduction to Electric Utility Industry and Legal and Economic Overview

This session will provide an overview of the electric utility industry. Our faculty will also 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
• Role of Non-Jurisdictonal Utilities

1:30 – 2:15 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

2:15 – 2:30 PM: Break

2:30 – 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

4:30 – 5:30 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

Thursday, June 26

8:00 – 8:15 AM (Mountain Time): Opening Remarks and Recap

8:15 – 9:00 AM: 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

9:00 – 9:45 AM: 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.

10:00 – 11:15 AM: 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

11:15 AM – 12:30 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

12:30 PM: Closing Remarks

Thank you to our sponsors:

Type	Member Rate	Non-Member Rate
Virtual Participation	$290	$315
Attorney/Energy Professional	$390	$415
Young Lawyer	$315	$415
Government Attorney/EP/Academic	$365	$415
Solo Attorney/Small Firm	$390	$415
Student	$140	$415

CLE Statement:
This program is eligible for 8.75 hours of CLE credit in 60-minute states, and 10.5 hours of CLE credit for 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. EBA is applying for CLE credit in Colorado for this event.

Scholarships:

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 a discounted rate. 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 requests to jhannan@eba-net.org.