EBA Update, Q1 2018
Table of Contents
• IN MEMORIAM: JASON F. LEIF
• EBA PRESIDENT’S MESSAGE
• EBA CHIEF EXECUTIVE OFFICER’S MESSAGE
• NERC INTERIM PRESIDENT AND CHIEF EXECUTIVE OFFICER CHARLES BERARDESCO CALMS TROUBLED WATERS
• COST BENEFIT ANALYSIS EXAMINES NATURAL GAS PROJECTS
• EBA TAKES STEPS TO AID SMALL FIRM/SOLO PRACTITIONERS ATTENDANCE TO THE 2018 ANNUAL MEETING & CONFERENCE
• EBA “GEMS” YEAR-LONG SPONSORSHIPS
• CHAPTER UPDATES
• ON DEMAND UPDATES
• EBA NEW MEMBERS
• FELJ UPDATE
• ENERGY LAW JOURNAL: EXCERPTS FROM PAST ISSUES
• CFEBA GALA TO RAISE FUNDS TO SUPPORT HURRICANE VICTIMS IN PUERTO RICO
IN MEMORIAM: JASON F. LEIF
The EBA family was saddened by the recent passing of Jason Leif, 48, in December. Jason was a partner with Jones Day and a former EBA President and EBA Houston Chapter President. Our heartfelt condolences go to his wife, Sheila, and children Adam and Reese.
“We have lost a highly respected legal professional and most importantly, a wonderful friend,” said James Cargas, EBA’s current Houston Chapter President. “His influence on EBA will be felt for years to come.”
Jason began his career at the Federal Energy Regulatory Commission before joining Jones Day’s Energy Group in its Washington office in 1995. Valued for his legal acumen, analytical skills and client relationships, Jones Day asked him to launch its Houston office in 2001. Two years later, he was made a partner.
After growing up in the New York City area, Jason graduated the University of Michigan with a B.A. in political science, and with a Juris Doctorate, summa cum laude from The Washington College of Law at The American University. Throughout his career and personal life, Jason demonstrated wit, charm, generosity and compassion. His absence will be keenly felt by the EBA community.
EBA PRESIDENT’S MESSAGE
EBA Members - Consummate Professionals
EBA is fortunate to have thousands of members who are dedicated to enhancing their profession, enhancing our organization, and enhancing the lives of others.
Enhancing Our Profession
EBA members understand and embrace collegiality and civility in our day-to-day practice. By doing so, we are able to deliver client service more effectively, foster creativity to address the challenging issues facing the energy industry, and enjoy what we do. Regular involvement in EBA activities exposes us to diverse perspectives, helps us stay up to speed on emerging developments, and allows us to work as a team with professionals who may be on the opposite side of an issue in our “day jobs”. These opportunities are a special benefit of EBA membership – get involved, stay involved.
Our Professional Education Council, which itself is comprised of individuals with diverse perspectives from different industries and from different parts of the country, is hard at work finalizing the topics and speakers for our upcoming Annual Meeting, which will be held in Washington, DC on May 7-8, 2018. We look forward to seeing you there.
CHIEF EXECUTIVE OFFICER’S MESSAGE
Making Innovation a Priority: Website Redesign Provides New Services to Members
In the very near future, EBA members will enjoy the fruits of significant effort EBA has undertaken over the past year: a new website.
Naturally, the site will be more visually appealing, more effectively organized and more efficiently navigable. However, if we had stopped there we would have felt we had not done enough. Our main objective for the new site was to enhance your ability to use it to meet your needs. What you will find is a website that is interactive and mobile-friendly. You will notice your ability to quickly and easily dive into EBA’s Membership Directory to access information about members and retrieve data you value. You will find EBA’s Job Bank more accessible and updated. You will also see that each of the regional chapters will have its own dedicated pages.
The updated website will also unveil new features we believe members will value. For example, members will find listing for “micro” volunteer opportunities. Research has found participation is key to fulfilling membership experiences, however, not all members are willing or able to commit to annual service on an EBA board, chapter or committee. On the site, members will be able to peruse volunteer opportunities that may engage them for a few hours or a few days but will provide an invaluable service to the association such as volunteering to help organize a happy hour or staffing a welcome booth at the Annual Meeting. EBA is also kicking off a “Guest Lecture” program through the website where members will have the opportunities to give presentations at leading universities throughout the U.S.
Our goal is to make your experience with EBA positive and productive. We believe EBA’s new website will achieve this objective by helping you achieve your objectives of building, maintaining and growing your practice. As you peruse the site, let us know your thoughts. We value your opinion.
Lisa A. Levine
Chief Executive Officer
NERC INTERIM PRESIDENT AND CHIEF EXECUTIVE OFFICER CHARLES BERARDESCO CALMS TROUBLED WATERS
By Gary Guy and David Connelly
He Keeps Agency on a Steady Keel as Interim President and CEO
Charles A. (“Charlie”) Berardesco was featured in the Spring 2013 issue of EBA Update, and has spoken on panels and a keynote lunch at EBA forums. We feature him again to look into his emergency move from Senior Vice President, General Counsel, and Corporate Secretary at the North American Electric Reliability Corporation (NERC) to step in as Interim President and Chief Executive Officer upon the abrupt departure of Gerry Cauley. The inquisitorial team of Gary Guy and David Martin Connelly (aka “Bob Simon and Henry Trewitt”) interviewed him at his office. The first portion of the interview was recorded and is posted at WWW.EBA-NET.ORG (up until the time we encountered some technical difficulties). You might also want to revisit the full-length recording of the 2013 interview at this site.
COST BENEFIT ANALYSIS EXAMINES NATURAL GAS PROJECTS
By Joel Zipp and Gavin Roberts
In their recent article in the Oil & Gas Journal, Quantitative Analysis Shows Natural Gas Projects’ Benefits Outweigh Costs, Joel Zipp of Orrick, Herrington & Sutcliffe LLP and EBA member and Gavin Roberts of Weber State University conduct a benefit cost analysis of natural gas projects. According to the authors, credible quantitative evidence exists, applicable under the statutory standards of the Natural Gas Act (NGA) and the National Environmental Policy Act (NEPA), to conclude that the benefits of natural gas transportation and liquefaction projects outweigh their costs. Litigation, however, is challenging the certification of natural gas infrastructure and approval of natural gas exports. Many of the objections underlying this litigation are based on the singular fact that the infrastructure is used to access a fossil fuel—natural gas—for consumption and the accompanying assertion that the environmental costs of natural gas outweigh its benefits.
Until recently these challenges have been unsuccessful. The US Federal Energy Regulatory Commission (FERC) and Department of Energy's (DOE) rejection of such claims largely has been based on the judgement that causal connections between environmental costs and the proposed transportation systems bridging the gap between gas supply areas and the markets was too tenuous to warrant project analysis under NEPA.
This article explores FERC's and DOE's public convenience and necessity-public interest analysis under the NGA and how that analysis could be reinforced by comparing environmental costs with benefits produced by other factors. While there is more work to do on this topic, initial analysis concludes the benefits discussed here outweigh the costs.
(EBA Update welcomes submission of article ideas from EBA members. If you are interested in writing for the Update, please contact David Shaman at DSHAMAN@EBA-NET.ORG
EBA TAKES STEPS TO AID SMALL FIRM/SOLO PRACTITIONERS ATTENDANCE TO THE 2018 ANNUAL MEETING & CONFERENCE
EBA will soon be gearing up for the 2018 Annual Meeting & Conference on May 7-8, 2018, and with one notable incentive for a special group of our members. Last fall, EBA's Board approved changes to provide greater opportunities for Solo and Small Firm Practitioner members, defined as an EBA member who is a solo practitioner or works in a law firm with 10 or fewer full-time attorneys. For this group of members, the cost of attending past EBA Annual Meetings and Mid-Year Forums has been prohibitive. The Board has decided to discount registration for these events to help make it more possible for these legal practitioners to participate. Learn more at 2018 EBA Annual Meeting & Conference.
EBA “GEMS” YEAR-LONG SPONSORSHIPS
In response to member requests, EBA has created new, year-long sponsorship packages that ensure your firm’s visibility throughout the year with tickets to the most desirable events. You make one decision, write one check and enjoy sponsorship visibility all year long.
|Annual Meeting Sponsorship
|Coffee Break Sponsorship to Annual or Mid-Year
|Chapter Annual Meeting Sponsorship
|Mid-Year or Chapter Annual Meeting Sponsorship
|Summer Intern Reception Sponsorship
|ALJ Reception Sponsorship Tickets
|CFEBA Gala Sponsorship Tickets
|Logo branding on event digital and signage
|Logo branding in Insights and EBA Update
|* Event sponsorships include one registration
Interested in learning more about how EBA sponsorships can help your marketing goals? Contact David Shaman at DSHAMAN@EBA-NET.ORG
The Houston Chapter of the EBA saw many ups and downs over the past few months.
In December, we were saddened by the passing of our past president, friend, and leader, Jason F. Leif. Jason was important to the entire EBA organization and his importance to Houston was particularly strong.
Meanwhile, Hurricane Harvey devastated Houston in August and while much of America was learning more about city than they had previously, the Houston Chapter collaborated with CFEBA to raise over $30,000 in relief funds. Recently, CFEBA approved energy-related renovations for Blue Triangle Community Center and BakerRipley, two local non-profits that are helping low-income communities.
FIVE NEW ON-DEMAND PROGRAMS ADD TO RICH RESOURCE FOR MEMBERS
EBA has unveiling five new On-Demand Programs as part of its 24/7 online learning opportunities for members. The new additions are:
In this two-part series, regulators from the Federal Energy Regulatory Commission (FERC) and industry experts provide an overview of the federal economic regulation of oil and refined products pipelines. The course begins with a brief overview of the oil and refined products pipeline industry and then describes key statutes and regulations governing and affecting the transportation of oil and other liquid petroleum products. Instructors explain important legal and regulatory concepts and requirements, pipeline services, the scope and limits of FERC and state jurisdiction and key issues affecting the industry.
NERC ENFORCEMENT 101: AN OVERVIEW OF NERC’S ENFORCEMENT AUTHORITY
, The North American Electric Reliability Corporation (NERC) is recognized by the Federal Energy Regulatory Commission as an Electric Reliability Organization, whose mission is to assure the reliability and security of the North American bulk power system. In this program, NERC representatives present an overview of NERC’s enforcement authority and jurisdiction, including changes to the scope and focus of its enforcement activities, and potential future changes.
EBA WELCOMES OUR NEWEST MEMBERS:
Joining the Houston Chapter
Kacie Bevers, Steptoe & Johnson
Deonne Cunningham, Noble Energy
Allison Duensing, Saracen
Alexander Schoch, Railroad Commission of Texas
Jonathan Scullion, TransCanada
Patrick Stewart, Kinder Morgan
Joining the Louisiana Chapter
Edward Poitevent, Stone Pigman Walther Wittmann
Joining the Midwest Chapter
Lynda Cooney, Variant Partners
Fintan Dooley, Salted Lands Council
Kristin Rothey, American Municipal Power
Melissa Simpson, US Department of State, Bureau of Energy Resources
Carly Ann Smith, Polsinelli PC
Ryan Wilson, Michigan Public Service Commission
Joining the Northeast Chapter
James Alford, Stinson Leonard Street
Taylor Amato, Day Pitney
Alejandro Bautista, PJM Interconnection
Leah Chamberlin, DTE Energy Company
Scott Clausen, Morgan Lewis
Robert Conrad, Van Ness Feldman
Alex DeBoissiere, AVANGRID
Margaret Duggan, National Fuel Gas
Adam Ennis, Steptoe & Johnson
Matthew Henjum, U.S. Department of Energy
Garrett Kral, University of Maryland Carey School of Law
Merrill Kramer, Pierce Atwood
Justin LaBerge, National Rural Electric Cooperative Association
Carrie Mobley, McGuireWoods
Jamond Perry, Troutman Sanders
John Rosato, United States Postal Service
Amanda Schenkenberger, Husch Blackwell
Rajan Singh, Womble Bond Dickinson
Philip Smith, Emera Maine
Krystal Williams, Pierce Atwood
Marion Werkheiser, Cultural Heritage Partners
Peter Whitfield, Sidley Austin
Joining the Rocky Mountain Chapter
Melinda Frazier, University of Wyoming College of Law
Alice Madden, Colorado Law: Getches-Wilkinson Center
Joining the Southern Chapter
Annie Cook, Troutman Sanders LLP
Newton Galloway, Galloway & Lyndall LLP
Melissa Horton, Southern Company
Kurt Hunt, Dinsmore & Shohl LLP
Catherine Little, Troutman Sanders LLP
Shelly-Ann Maye, Wind Energy Transmission Texas
Harold Payne, HWP Services, LLC
Laura Sossamon, Black Hills Energy
Cindy Upchurch, Eversheds Sutherland
James West, Fayetteville Public Works Commission
Joining the Western Chapter
Joe Kaatz, Energy Policy Initiatives Center
Doug Karpa, Clean Coalition
Jessica Mitchell, Snohomish PUD
Richard Rabbitt, Farella Braun + Martel
Nilmini Silva-Send, Energy Policy Initiatives Center, University of San Diego
Kevin Smith, Braun Blaising Smith Wynne
EBA also extends congratulations to EBA Ambassadors who recruited someone to join EBA from November through January: Sylvia Bartell, Noel Black, Keturah Brown, Albert Carr, Edward Depp, Joe Fina, Michelle Grant, Gary Guy, Kurt Krieger, Stephanie Krupp, Mathew Maher, Scott Mahoney, Lisa McAlister, Rich Meyer, Paul Neilan, Mosby Perrow and Justin Savage.
For more information on EBA memberships, visit JOIN EBA
As part of its ongoing FELJ Author Talk series, Energy Law Journal Executive Editor Harvey Reiter sat down with Bethany Davis Noll and Denise Grab from the Institute for Policy Integrity at New York University School of Law, to discuss their Journal article, DEREGULATION: PROCESS AND PROCEDURES THAT GOVERN AGENCY DECISION MAKING IN AN ERA OF ROLLBACKS
in February. The conversation centered on the Trump Administration's reversal on a host of policies and regulations from the previous administration. Noll and Grab discussed limits that apply to agencies seeking to cancel or suspend regulations that they previously issued and the applicability of these limitations to energy and environmental regulation.
FELJ Writing Workshop
(Caption: Bob Fleishman, Editor-in-Chief of the Energy Law Journal, leads a discussion on writing for academic publications.)
Whether writing for academic publication or drafting an appellate brief, FELJ’s writing workshop, held in November 2017, offered insights to attendees with a variety of motivations. Bob Fleishman, Editor-in-Chief of the Energy Law Journal, led a session on how to write an article for the Journal. Harvey Reiter, Executive Editor of the Journal, discussed writing an effective appellate brief. FELJ Board member Jennifer Morrissey conducted a session on effective written communications with clients. EBA member John Delaney’s course focused on writing for deal teams. And, FERC’s Larry Greenfield discussed writing an effective pleading before the Commission.
2017 Curtis L. Wagner Administrative Law Judges (ALJ) Reception
(Caption: EBA President-elect Matthew Rudolphi Duane Morris’ Sheila Hollis and former EBA President Rich Meyer enjoy festivities at the 2017 ALJ Reception; Federal Energy Regulatory Commission Administrative Law Judges at the reception included from left, Judge Suzanne Krolikowski, Judge Patricia Hurt, Judge John Dring, Judge Lawrence Brenner, Judge Philip Baten, Chief Judge Carmen Cintron, Judge Steven Glazer and Judge Peter Young.)
FELJ thanks all who attended the 2017 Curtis L. Wagner ALJ Reception, held in October 2017 during EBA’s Mid-Year Energy Forum. The 2017 reception was the most successful ever, raising $45,000 in revenues for publishing the Energy Law Journal. FELJ wants to extend a special thanks to Duane Morris LLP for hosting the event.
Current Edition of the Energy Law Journal
Journal articles include:
• COUNTING ON CHEVRON?
, by Heidi Marie Werntz, an Attorney-Advisor in FERC’s Office of General Counsel
• FORTY YEARS OF FERC
, an interview with Charles Curtis, the last Chairman of the Federal Power Commission and the first Chairman of the Federal Energy Regulatory Commission, currently serving as Senior Advisor to the Center for Strategic and International Studies, and President Emeritus of the Nuclear Threat Initiative
for the full issue including book reviews, notes and Committee Reports.
Interested in submitting an article to the Energy Law Journal? The Journal welcomes articles by EBA members and non-members on emerging issues and significant developments affecting the energy industries and are of interest to the legal and energy professions. Contact Bob Fleishman, Editor-in-Chief, at RFLEISHMAN@MOFO.COM
or (202) 887-8768, to learn more.
FELJ is looking for a Business Manager. Are you good at selling advertisement and thinking of creative ways to raise money? If so, contact Gary Guy at 202 872-2576.
ENERGY LAW JOURNAL: EXCERPTS FROM PAST ISSUES
Ten Years Ago
“Global temperatures are increasing in large part because of human caused greenhouse gas emissions, and this warming is affecting both natural systems and human wellbeing. International legal programs to deal with climate change, particularly within the EU, are already well underway. Within the United States, there has been significant activity at the state level, both in the design and implementation of specific legal tools and in growing regional cooperation. At a federal level in the United States, laws that were enacted before climate change became a significant issue, including the Clean Air Act, are being redirected toward the climate change.”
John C. Dernbach and Seema Kakade, Climate Change Law: An Introduction, 29 ELJ 1, 31 (2008)
Twenty Years Ago
“William Faulkner said, ‘Don’t bother just to be better than your contemporaries or predecessors. Try to be better than yourself.” There are no words more fitting for the natural gas and electric utility industries today. Parallels to yesteryear or even yesterday will not suffice in the new competitive utility arena. Any utility satisfied with standing still should not complain when others in the industry provide less expensive and more reliable energy, therefore passing them by.”
Hon. Curtis L. Hebert, Jr., The Quest for an Inventive Utility Regulatory Agenda, 19 ELJ 1, 24 (1998)
Thirty Years Ago
“For the first time in forty years, there is the realistic prospect that the form and scope of government intervention in the gas market will achieve the stated goal of the Natural Gas Act of 1938 – to protect consumers from exploitation by monopolistic pipelines. I have traced the history of fifty years of errors that cost society scores of billions of dollars and the dramatic transformation of government intervention in the market over the past few years. . . . Most of the lessons are not new, but apparently society must learn them many times before they are routinely reflected in public policymaking.”
Richard J. Pierce, Jr., Reconstituting the Natural Gas Industry from Wellhead to Burnertip, 9 ELJ 1, 51 (1988)
CFEBA Gala to Raise Funds to Support Hurricane Victims in Puerto Rico
In September 2017, Hurricane Maria swept through the Caribbean producing, as news accounts stated, 'apocalyptic' devastation. In Puerto Rico, more than 500 residents died and the island's electrical grid was virtually destroyed. Nearly half of the permanent health care centers in Puerto Rico still remain without grid power or are operating on diesel generators. This year, the Charitable Foundation of our Energy Bar Association (CFEBA) has a unique opportunity to give Puerto Ricans life sustaining power, but we need your help.
CFEBA is partnering with the Puerto Rico Primary Care Association (PCA), a 501(c)(3) non-profit organization, to help provide solar panels, inverters, and battery systems to 15 to 20 primary health care centers located throughout the island. This project will address refrigeration needs for perishable medication such as insulin, vaccines, and certain liquid antibiotics.
CFEBA seeks sponsors to support our 2018 Annual Fundraising Gala, Light & Hope for Puerto Rico ("Luz & Esperanza" in Spanish), which will take place on May 7, 2018, from 5:15pm to 9:15pm at the Renaissance Hotel in Washington, DC, immediately following the first day of the EBA Annual Meeting and Conference. Attend the Gala, enjoy the evening's meal and entertainment, meet old friends, and support a cause that will save lives in this devastated part of the United States.
The Energy Bar Association (EBA) is an international, non-profit association of attorneys, energy professionals and students active in all areas of energy law. Our vision is to promote professional excellence in the practice of energy law. Our mission to promote the professional excellence and ethical integrity of its members in the practice, administration, and development of energy laws, regulations and policies is achieved by providing:
• superior educational programming;
• networking opportunities; and
• information resources.
EBA is committed to fiscal responsibility, ethical decision-making, subject matter excellence, valuable high quality programming, reliable communications, and continuous consideration of our members' current and anticipated needs. EBA is an inclusive organization that values diverse perspectives and is dedicated to providing opportunities for learning and community in a position neutral organization.
Diversity & Inclusion Policy Statement:
The Energy Bar Association (“EBA”) is com-mitted 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, regard-less 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.