The Energy Bar Association Conference and Annual meeting is EBA's premier energy law and public policy conference. Join hundreds of energy industry attorneys, regulators from the the Department of Energy and other agencies, in-house energy attorneys, consultants and others. The conference offers two days of thought-provoking CLE programming and multiple networking opportunities. See the full conference agenda below.
Are We all Playing a Net-Zero Sum Game? Current Perspectives on Energy Transitions
Thursday, May 11
9:00 AM - 10:30 AM: Honorable Kevin J. McIntyre - General Session: State Federal Jurisdiction Jumble and the View from State Attorneys General
State Attorneys General have sweeping powers to launch investigations and bring enforcement actions on behalf of states or consumers as part of their core missions to protect the public interest within their states. But increasingly, states’ particular interests are spilling outside of their borders through multi-state litigation challenging the implementation of Federal government policy priorities and enforcement actions against national or multi-national companies, sometimes with minimal ties to the state itself. With the Supreme Court and lower federal courts exercising their authority of judicial review to cede more power to the states, what does this power shift mean for the energy industry as state and federal priorities clash or complement one another in the energy transition.
The Honorable Colette D. Honorable
Partner
Reed Smith LLP
Mark R. Herring
Partner
Akin
Elbert Lin
Partner
Hunton Andrews Kurth
Erika Maley
Principal Deputy Solicitor General of Virginia
Commonwealth of Virginia
Joshua Segal
11:00 AM - 12:15 PM: Concurrent Sessions
Concurrent 1A: Key Considerations and Developments for Carbon Capture, Utilization, and Sequestration Projects
Traditional energy companies are capitalizing on their conventional project development experience to lead the wave of carbon capture, utilization, and sequestration (“CCUS”) project development. The construction of CCUS projects should significantly increase over the next few years as a result of the expansion of the 45Q tax credit, enlarged scope of qualifying CCUS facilities, and new methods to monetize 45Q credits under the Inflation Reduction Act of 2022 (“IRA”). This panel will discuss the current trends in CCUS project development, what to expect in the near-term as a result of the IRA, and key considerations for CCUS project developers.
Concurrent 1B: The Changing Landscape for Nuclear Energy [and How It Can Help Get to Net Zero]
Learn about the current state of the nuclear industry as well as the changing nuclear landscape, including how nuclear power can help get us to net zero carbon. We will explore new uses for existing nuclear technology such as hydrogen production and the impact of new technologies such as small modular nuclear reactors. The panelist will also explore what change are needed to the regulatory landscape to accomplish these goals and get the view of the financial community on the current state of the industry.
Richard Lorenzo
Partner
Loeb & Loeb
Craighton Goeppele
Senior Vice President & General Counsel
TerraPower, LLC
Jonathan Rund
Deputy General Counsel and Assistant Secretary
Nuclear Energy Institute
Jim Schaefer
Senior Managing Director
Guggenheim Partners
Jason Zorn
Associate General Counsel for Nuclear Regulatory & Compliance
Constellation Energy Generation, LLC
12:15 PM - 2:00 PM: Lunch With Keynote Speaker
The Honorable Allison Clements
Commissioner
Federal Energy Regulatory Commission
2:00 PM - 3:15 PM: Concurrent Sessions
Concurrent 2A: Current Issues in Energy Infrastructure and Investment: How the Supply Chain Affects New Growth, Reliability, and Sustainability
This panel discussion will feature representatives from multiple sectors across the energy infrastructure landscape who will speak about the impact that current supply chain issues are having on new growth, reliability, and sustainability. Beyond independent presentations from each of our panelists, this expert panel will draw out how the supply chain issues across the various sectors interact with one another in order to weave a more holistic picture of the challenges our broader national energy infrastructure faces and how developers and utilities can plan to meet these challenges and mitigate the potential disruption to the reliability of our integrated systems.
Joseph E. Donovan
Partner
Pierce Atwood LLP
Matt Card
President & Chief Operating Officer
Suniva
Adrienne Lotto
Senior Vice President Grid Security, Technical & Operations Services
American Public Power Association
Brett White
Vice President, Regulatory Affairs
Pine Gate Renewables
Concurrent 2B: When Passing the Hat No Longer Works: Transmission and Cost Allocation
The need for transmission – both within and between regions – is clear. Transmission kept the lights on during Winter Storm Uri, transferring energy from PJM into MISO and SPP, as well as during Winter Storm Elliott, allowing transfers between MISO and the southeastern United States. Congress recently passed legislation intended to promote new transmission; and FERC is exploring establishing a minimum interregional transfer capability that could also drive development. To move forward, there must be greater clarity on cost allocation, the interplay between state and federal jurisdiction, and the impact of these decisions on how this much-needed infrastructure actually gets built.
Christina Hayes
Executive Director
Americans for a Clean Energy Grid
Adrienne E. Clair
Partner
Thompson Coburn LLP
The Honorable Richard Glick
Former Chair
Federal Energy Regulatory Commission
Kevin H. Huyler
Managing Director
Edison Electric Institute
Kelly Speakes-Backman
Executive Vice President, Public Affairs
Invenergy LLC
3:45 PM - 5:00 PM: Concurrent Sessions
Concurrent 3A: Cross Border Energy Disputes Among Canada, the United States and Mexico – Why Can’t Neighbors Get Along
The Arbitrations and Court Decisions: Arbitrations involving Keystone XL, the Quebec ban on fracking under the St. Lawrence, the Alberta termination of coal fired generation, the Ontario cancellation of cap and trade, the Michigan decision preventing Canada from replacing a pipeline under the Straights of Mackinac, the Ontario termination of both onshore and offshore wind and the New England court decisions preventing Quebec Hydro from building transmission lines to deliver hydroelectric power to New York City.
The Trade Disputes: Trade disputes involving US solar panel tariffs, electric vehicle tax credits, automotive rules of origin Mexican energy sovereignty decisions and United States - Mexico - Canada Agreement claims against Mexico.
Concurrent 3B: 100 Percent Carbon-Free Electricity: What, How, Who?
Expanding clean electricity is critical to efforts to decarbonize the economy. Current legal and regulatory structures have driven the deployment of renewable energy but may not be fit incentivizing deployment of the dispatchable clean energy resources needed to achieve broader power sector and economy-wide decarbonization goals. This panel will review company and federal 100 percent carbon-free electricity goals, the role of matching supply and demand in meeting those goals, the technology options, and the emerging commercial and regulatory tools for meeting these ambitious goals, which contemplate roles both for competitive suppliers and vertically-integrated electric companies.
Neil Fisher
Partner
The NorthBridge Group
Mason Emnett
Senior Vice President, Public Policy
Constellation Energy Generation, LLC
Lon Huber
Senior Vice President, Pricing and Customer Solutions
Duke Energy Corporation
Special Event
Charitable Foundation of the Energy Bar Association Gala
The CFEBA gala supports the foundation's grant giving activities. Help Power Positive Change and Generate Hope by attending and sponsoring the gala.
Friday, May 12
Featured Meet Up
8:15 AM - 9:00 AM: Young Lawyers Council and Masters Council Meet Up
We invite all members of the EBA's Young Lawyers Council, and all new energy lawyers regardless of EBA membership, to join the Masters Council for this unique opportunity to connect with experienced industry leaders.
Featured Meet Up
8:15 AM - 9:00 AM: In House Counsel Meet Up
We invite all in house counsel professionals in attendance to join members of our In-House Counsel Coalition for the opportunity to build connections with like-minded energy professionals.
9:00 AM - 10:30 AM: General Session 2 - FERC Enforcement: What Market Participants Ought to Know
FERC’s Office of Enforcement has ramped up its activity in the past few years, including through adoption of a new priority, “Threats to the nation’s energy infrastructure and associated impacts on the environment and surrounding communities” and a proposed, expanded “duty of candor” rule. The panel will analyze these developments, including recent settlements and court cases, shedding light on the greatest enforcement risks and where compliance departments should focus their resources. While of interest to those who work on enforcement and compliance matters, this session is geared to a general audience and is relevant to all market participants.
David A. Applebaum
Partner
Jones Day
William R. Barksdale
Counsel
Skadden, Arps, Slate, Meagher & Flom LLP
Janel C. Burdick
Director, Office of Enforcement
Federal Energy Regulatory Commission
Karis Anne Gong Parnham
Assistant General Counsel
Entergy
Seema Jain
Branch Chief, Division of Investigations, Office of Enforcement
Federal Energy Regulatory Commission
Charles R. Mills
Partner
Bracewell LLP
11:00 AM - 12:15 PM: Concurrent Sessions
Concurrent 4A: EV/ES Jeopardy! Facts or Fiction?
Audience polling on true/false questions dictate the answers provided by Contestants on questions to test factual versus anecdotal knowledge of the technical, legal, and economic landscape for Electric Vehicles and Energy Storage. Not just in the United States but for the North American market. Contestants will give context to their answers and audience can ask questions for follow up that will be decided by the gameshow host/referee to award points as we vie for the coveted title of EBA’s 2023 Jeopardy Champion. Active participation in a live gameshow format built on the model of Jeopardy! Participants will walk away better enabled to respond to rapid fire “put you in a corner” type of question when engaging with peers/clients.
Justin R. Martin
Technical Executive - Strategic Planning, Advisory Solutions & Applied Services
Electric Power Research Institute (EPRI)
Jamie Barber
Director, Energy Efficiency and Renewable Energy Unit
Georgia Public service Commission
Anna K. Fung, K.C.
Deputy Chair
British Colombia Utilities Commission (BCUC)
Haresh Kamath
Director of Distributed Energy Resources and Energy Storage
Electric Power Research Institute (EPRI)
Gabriel Klein
Executive Director
Joint Office of Energy and Transportation
Kathleen D. Staples
Director of Electrification
Dominion Energy Virginia/North Carolina
Concurrent 4B: Career Options in a Dynamic and Changing Industry Sector
Join energy practitioners reflecting a wide variety of perspectives – in house counsel, government service, nonprofit organizations, academia, and law firm practice – as they share personal stories and practical tools and tips addressing each stage of an energy lawyer’s career. The panel will include practitioners who have experience from government service, law firm practice, corporations and nonprofit organizations, and they will share their personal stories of how they have navigated through various phases of their careers. These personal stories will include practice tips and training nuggets worthy of continuing legal education credit in most jurisdictions as practice training or development.
Regina Y. Speed-Bost
Founder and Managing Partner
SB Law, PLLC
The Honorable Neil Chatterjee
Senior Advisor
Hogan Lovells
Derek A. Dyson
President and CEO
Today's Power, Inc.
Craig N. Johnson
Director of Government Relations and General Counsel
Colorado Rural Electric Association
Megan Vetula
Vice President
Berkshire Hathaway Energy
12:15 PM - 2:00 PM: Lunch and EBA Annual Meeting
2:00 PM - 3:15 PM: Concurrent Sessions
Concurrent 5A: A Tale of Two DER Scenarios: Issues on Feeders Highly Saturated with DER; Risks and Regulations Impacting DERs, VPPs, and other Behind-the-Meter Solutions
The first part addresses issues on feeders that are highly DER saturated, based on experience in Minnesota that has over 860 MW of Community Solar Gardens (in front of the meter generation, with no load) that are concentrated on about 160 feeders. The second part recognizes that DERs, like virtual power plants, aggregators, microgrids, and other inverter-based resources are increasingly popular and that FERC Order 2222 helped DERs penetrate the Bulk Energy System energy market. The second part discusses national DER trends and reviews current and pending state and federal regulations that will impact market entry and DERs’ bottom line.
Ruben Arredondo
Energy Counsel and Consultant
Regine, LLC
James R. Denniston
Assistant General Counsel
Xcel Energy
Romaine Marshall
Partner
Polsinelli
Concurrent 5B: "Duties of Candor": Ethical Obligations Governing Lawyers’ Communications with Tribunals And Third Parties
FERC’s recent proposed expansion of its “Duty of Candor” rule has raised the larger issue of lawyers’ ethical obligations of candor in their communications with courts, government agencies, third parties, and beyond. This panel will explore those obligations, focusing on the ABA Model Rules of Professional Conduct, state codes of professional conduct, and legal ethics opinions. The panel will also explore consequences for noncompliance and will conclude with a discussion of practical tips and best practices for ethical compliance.
Deepika H. Ravi
Partner
Harris, Wiltshire & Grannis LLP
Lauren E. Snyder
Partner
Harris, Wiltshire & Grannis LLP
3:45 PM - 5:15 PM: Closing General Session: The Hydrogen Economy: Hot Topics in Green Hydrogen
Interest in developing green hydrogen projects continues growing. This panel discussion will cover some of the key issues around how to structure, develop and finance green hydrogen projects, including green hydrogen production facilities and pipelines. This includes potential deal structures, financing and water considerations, and negotiating renewable and hydrogen purchase and sales agreements and pipeline transport. And, as developers and financiers continue to grapple with the question of how best to finance these projects, other significant legal issues include meeting clean energy requirements both on the purchase of renewable energy and on the sale of green hydrogen, including carbon intensity scores under applicable greenhouse gas methodologies and qualifying for the green hydrogen production tax credit under the Inflation Reduction Act.
Diana Jeschke
Senior Counsel
Linklaters LLP
Rachel Crouch
Associate General Counsel
AES Clean Energy
Brandon Piskin
Senior Counsel
Plug Power
Amish Shah
Partner
Holland & Knight LLP
Christine Tezak
Managing Director, Research
ClearView Energy Partners, LLC
5:15 PM - 6:15 PM: Farewell Reception
7:05 PM: Washington Nationals vs. New York Mets
Special Event
Washington Nationals vs. New York Mets
Join other conference attendees and watch the Nationals take on the New York Mets. This is a separately ticked event and can be reserved at registration.
Reserve a ticket in our Champions Club seats for the Fireworks Friday Game at 7:05 PM