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A special thanks to our sponsors:


 



 

Marketing partners:

 

EBA would like to thank the members of the Professional Educational Council and Council Chairs for developing this conference:

  •  Gary Guy, Baltimore Gas and Electric Co.
  •  Mosby Perrow, Kinder Morgan, Inc.
  •  Molly Suda, K&L Gates LLC

 

2016 EBA Annual Meeting & Conference

2016-06-07 08:30:00 2016-06-08 21:30:00 America/New_York 2016 EBA Annual Meeting & Conference- EBA **For a full listing of events visit http://eba-net.org/calendar Renaissance Downtown Hotel 999 Ninth Street NW Washington, DC 20001 EBA - Energy Bar Association admin@eba-net.org
Dates:  Tuesday, June 7, 2016 - 8:30am to Wednesday, June 8, 2016 - 9:30pm
Location:  Renaissance Downtown Hotel 999 Ninth Street NW Washington, DC 20001

Agenda
 

Program Overview

Mark your calendar for the Energy Bar Association’s 2016 Annual Meeting & Conference! The June 7-8 event will provide two full days of discussions focused on the legal issues related to all aspects of energy law. Attendees will include attorneys, non-attorney professionals, and students active in all areas of energy law, including antitrust, international energy transactions, legislation and regulatory reform, electric utility regulation, alternative dispute resolution, finance and transactions, and environment and public lands at federal, state, and international levels. Each year, the EBA Annual Meeting welcomes 600 attendees and is approved for approximately 10-15 hours of MCLE credit, and an additional 1.5 hours of ethics credit.

Register Now

Download the PDF Program Schedule

Sponsorships and Exhibiting

Please visit the 2016 Marketing Opportunities page for information about sponsorships and exhibiting.

Continuing Legal Education (CLE) Credit

Pending approval for 10-15 hours of MCLE credit, and an additional 1.5 hours of ethics credit.*

 *Approved in all applicable states except VA.  Not approved for ethics credit in VA.

Agenda

Tuesday, June 7, 2016

8:00 am - 6:00 pm

Registration

8:00 am - 9:00 am

Continental Breakfast & Exhibits

9:00 am - 9:15 am

Opening Welcome

Richard Meyer, President, Energy Bar AssociationGeneral Counsel, National Rural Electric Cooperative Association

9:15 am - 10:30 am

General Session: The Court Has Spoken – What Does it Mean?

Moderator: Stuart A. Caplan, Partner, Dentons US LLP
Speakers: Erin E. Murphy, Partner, Bancroft PLLC
                  Max Minzner, General Counsel, Federal Energy Regulatory Commission
                  Clare E. Kindall, Assistant Attorney General, Connecticut Office of Attorney General

In a rare and recent trilogy of cases, the Supreme Court has defined the lines of FERC and State authority under the NGA and FPA. Hear a panel of appellate experts discuss the new dividing lines in Lear Jet, EPSA and CPV  These decisions resolve some issues with a broad and clear stroke, but leave other issues for case-by-case resolution. Hear thoughtful presentation of contentious issues that will affect the energy regulatory environment in this country for years to come. Additionally, learn the impacts the Court's rulings will have on the energy industry and regulation of it, including the future of demand response and state-mandated electric capacity programs, which can impact capacity markets.

10:30 am - 11:00 am 

Coffee Break

11:00 am - 12:15 pm

Concurrent Session A: Tomorrow’s Grid is Here: Technical, Financial, Policy, and Legal Ramifications 

Moderator: Heidi Nielsen, Attorney-Adviser, Federal Energy Regulatory Commission
Speakers: Michael PesinDeputy Assistant Secretary, U.S. Departrment of Energy
                  Robert S. Stewart, Smart Grid & Technology, PEPCO
                  Rudolph G. Terry, Director, Philadelphia Industrial Development Corporation (PIDC)
                  Malcolm Woolf, Senior Vice President, Advanced Energy Economy

Increasing customer autonomy and system flexibility; integrating renewable, distributed generation, and “disruptive” technologies; reducing reliance on carbon-intensive generation – these are just a few of the many reasons that the modernization of the grid is a hot topic around the country.  The panelists, industry leaders in grid modernization efforts, will discuss the types of small scale infrastructure developments and models that are transforming retail and wholesale markets, and the policies and economics that are driving their success. 

 

Concurrent Session B: Building the Bridge from Energy Law Education to Practice

Moderator: Robert (Bob) A. Weishaar, Jr. , Member and Chair, Energy & Environmental Group, McNees Wallace & Nurick LLC
Speakers: Donna M. Attanasio, Senior Advisor for Energy Law Programs , The George Washington University Law School
                  Gina S. Warren, Associate Professor of Law, University of Houston Law Center
                  Max Minzner, General Counsel, Federal Energy Regulatory Commission

In furtherance of EBA's educational mission, this interactive panel will seek to build upon the recently issued EBA committee report on Energy Law Education with a dynamic discussion of what law schools, can, do and should provide, and how the legal community and bar associations can help. More and more, law schools are expected to produce practice-ready young attorneys who will contribute substantively from the day they start work. While that's true for many fields, energy law poses some unique challenges for law schools because of its inherently cross-disciplinary nature and because it's a relative new-comer to the law school curriculum.  Only in the last decade, has energy law fully emerged as a distinct area of legal scholarship with a core of full-time tenured or tenure track faculty, joining the longer established area of oil and gas law. After reviewing the work that's been done, this panel of practitioners and academics will be seeking your input to assist EBA's newly formed task force to formulate EBA's next steps! 

12:15 pm - 1:45 pm

VIP Recognition, Awards Presentation and Luncheon Speaker

Luncheon Address: Steven Croley, General Counsel, U.S. Department of Energy

 

 

 

2:00 PM - 3:30 pm

Concurrent Sessions A: Let’s Get Ethical*: Who Are You When No One is Watching?

Speaker: Shelley Sahling-Zart , Vice President & General Counsel, Lincoln Electric System

ABA Model Rules of Professional Conduct, Rule 2.1, provides that in rendering advice to a client, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors that may be relevant.  This session is about promoting good everyday business ethics and ensuring that you, and perhaps the energy utility you represent, are exemplifying high standards of honesty and integrity.  As stated by former U.S. Supreme Court Associate Justice Potter Stewart, “ethics is knowing the difference between what you have a right to do and what is right to do.” Learn simple tips to foster ethically-sound decision-making that promotes exceptional business performance and maintains the confidence and respect of your clients and customers.” *Approved in all applicable states except VA.  Not approved for ethics credit in VA.

 

Concurrent Session B: Known Knowns and Known Unknowns: Sifting Through Regulatory Changes in the Gas Pipeline Industry 

Moderator: Karol Lyn Newman, Partner, Wilkinson Barker Knauer, LLP
Speakers: David W. Murk, Manager, Pipeline Midstream & Industry Operations, American Petroleum Institute
                  Susan Olenchuk, Partner, Van Ness Feldman, LLP
                  Elke Hodson, Office of Climate, Environment, and Efficiency / Energy Policy and Systems Analysis, U.S. Department of Energy

This panel focuses on the U.S. Pipeline and Hazardous Materials Safety Administrations (PHMSA) recent Notice of Proposed Rulemaking on the Safety of Gas Transmission and Gathering Pipelines, which the gas pipeline industry has been anticipating since 2011. The extensive rules may place significant financial and operational burdens on the pipeline industry and its customers. The panel will also consider the potential for PHMSA regulations affecting gas storage field operations, intersecting FERC regulatory impacts and anticipated changes to pipeline industry economic and environmental compliance, particularly regarding methane leakage.

3:30 pm - 4:00 pm

Coffee Break

4:00 pm - 5:00 pm

Concurrent Session A: View from the FERC Bench

Moderator: Honorable Bruce L. Birchman, President, Birchman ADR Services
Speakers: Honorable Carmen A. Cintron, Administrative Law Judge, Federal Energy Regulatory Commission
                  Honorable Michael J. Cianci, Jr., Administrative Law Judge, Federal Energy Regulatory Commission
                  Honorable David H. Coffman, Administrative Law Judge, Federal Energy Regulatory Commission

By popular demand, a panel of three sitting FERC ALJs with give tips on do’s and don’ts that all FERC practitioners need to know (whether or not they are afraid to ask).  

 

Concurrent Session B: Mexico Energy Reforms: Opportunities and Challenges

Moderator: Norman A. Pedersen, Partner, Hanna and Morton LLP
Speaker: Jorge Jimenez, Partner, Dentons Lopez Velarde 
                 Thomas E. Heather, Counsel, Haynes & Boone, LLP
                 Duncan Wood, Director, Mexico Institute

Mexico’s seismic shift in how it regulates the energy industry is well underway.  Sweeping reforms set the groundwork for privatizing activities in the oil, gas, and electric industries formerly locked up by state-owned monopolies PEMEX and CFE.  Mexico plans to add approximately 9,323 MW of electric generation capacity by 2018 and approximately 6,449 kilometers of new pipeline projects with a capex totaling US $13,140.  This panel will discuss current opportunities and challenges for U.S. companies to participate in new infrastructure projects in Mexico.

5:30 pm - 8:30 pm

 

Special Event: CFEBA Annual Fundraising Gala, Light Up the Village!

 

Wednesday, June 8, 2016

8:00 am - 5:00 pm

Registration

8:00 am - 9:00 am

Continental Breakfast & Exhibits

9:00 am - 10:30 am

General Session: Natural Gas Industry – Pressures and Solutions
Speakers: Susan Bergles, Assistant General Counsel, American Gas Association
                  James E. Olson, Vinson & Elkins LLP 
                  Donald F. Santa, Jr., Interstate Natural Gas Association of America
                  Dena Eve Wiggins, Natural Gas Supply Association

Hear from representatives of the major natural gas trade associations on the pressing and issues facing their segment of the industry and the solutions they propose.

10:30 am - 11:00 am

Coffee Break

11:00 am - 12:15 pm

Concurrent Session A: How Will COP 21 and the Paris Agreement on Emissions Impact the U.S. Energy Sector? 

Moderator: Gary Guzy, Senior of Counsel, Covington & Burling LLP
Speakers: Karl Hausker, Senior Fellow, World Resources Institute
                  Paul M. Sotkiewicz, Ph.D., Senior Economic Policy Advisor, PJM Interconnection, LLC
                  Kevin W. Welsh, Director Environment and Climate Change, White House National Security Agency

In December 2015, in the first international agreement on climate change joined by the world's two largest emitters (China and the U.S.), aggressive targets have been adopted to reduce green house gas emissions. The panel will explore:  What the 2015 Paris Agreement mean for the U.S. energy outlook;   Is Clean Power Plan enough or will new measures be required? What happens if the courts reject the Clean Power Plan And How will U.S. commitments be achieved;  What changes in regulation and energy investments will be required and is  the 2015 Paris Agreement a stepping stone,  and if so, to what? Will today’s investments in natural gas fired generation be stranded in two decades?  And what is an energy company to do? Learn from thought leaders how global decarbonization commitments will affect the U.S. energy landscape, investments and regulation.

 

Concurrent Session B: Renewing the Grid: Issues and Obstacles to Interconnecting Renewable Energy

Moderator: John Moore, Senior Attorney, Natural Resources Defense Council  
Speakers: Tim Aliff, Director, Reliability Planning, Midcontinent Independent System Operator, Inc. (MISO)
                  Mason Emnett, Senior Attorney, Federal Regulatory Affairs
                  J. Arnold Quinn, Director, Federal Energy Regulatory Commission, Office of Energy Policy and Innovation

A diverse panel that includes a grid operator, a renewable generation developer, and a government expert offers views on challenges different renewable technologies face when interconnecting to the U.S. transmission grid.  What issues in interconnection agreements are affecting wind and solar generation?  Should all new generators, including renewable technology, be obligated to provide frequency response service?  Panelists will tackle these and other issues, including interconnection upgrade costs, curtailment, the effects of Renewable Portfolio Standards, operational issues, and new FERC requirements for intermittent resources.

12:15 pm - 2:00 pm

EBA Annual Meeting and Luncheon Speaker
During the luncheon, the Energy Bar Association will conduct its annual business meeting including the association elections and recognize EBA leadership.

 

Introduction of Incoming President
Emma Hand, Dentons, US LLP

Luncheon Address: Business Case for Diversity
Sandra S. Yamate, CEO, The Institute for Inclusion

 

 

 

2:15 PM - 3:45 pm

Concurrent Session A: Oil: The Quest to be a World Player

Moderator: Clarence (Bud) Albright, Principal, Ogilvy Government Relations
Speaker: Lucian Pugliaresi, President, Energy Policy Research Foundation (EPRINC)
                 
Steven Reed, Steptoe & Johnson LLP 
                 Anthony Swift, Director, Natural Resources Defense Council

Following a multi-year evaluation of the proposed project, in November 2015, U.S. Secretary of State John Kerry determined that issuing a Presidential Permit to TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain at the border of the United States pipeline facilities for the transport of crude oil from Canada to the United States would not serve the national interest.  This panel will explore the two legal actions subsequently commenced by TransCanada Keystone Pipeline, L.P. to challenge the State Department’s decision as well as the potential impact of the decision on other Presidential Permit applications in the future.  In addition, our panelists will discuss how the crude oil ban, a remnant of the oil price caps put in place in the 1970’s, was repealed.  We will explore insights about: (1) the timing of the effort, 2) why effort for the repeal nearly died, 3) how it was revived, 4) what strategic efforts ultimately led to the passage of this significant legislation and 5) what the lifting of the ban could mean for America from both a strategic and economic perspective. 

 

Concurrent Session B: Evolution or Revolution:  Electricity Market Pricing

Moderator: Gregory K. Lawrence, Shareholder, Greenberg Traurig, LLP
Speakers: William W. Hogan, Research Director of the Harvard Electricity Policy Group, Harvard University
                  Joseph Bowring, President, Monitoring Analytics (Independent Market Monitor for PJM)
                  David B. Patton, President, Potomac Economics Ltd.
                  Sam Newell, Principal, The Brattle Group

FERC continues to modify electricity markets to achieve just and reasonable prices employing supply and demand-side market forces.  Some view FERC’s adoption of “performance based,” “must-run,” and “price-cap” interventions as undermining this objective.   Others view these interventions as necessary to promote reliability and fair competition, including needed new generation investment and response to growing environmental requirements.  What can and should we expect for electricity market design in the next decade?  This panel of experience energy economists and regulators will discuss future possible changes in electricity market pricing. 

3:45 pm - 4:00 pm

Coffee Break

4:00 pm - 5:00 pm

Closing General SessionDownturn to Upswing: Energy Investment and Finance

Moderator: Glenn E. Camus, Vice President, Eastern Generation, LLC
Speakers: Angelin Baskaran, Vice President, Morgan Stanley, Commodities
                  W. Thaddeus Miller, Executive Vice President, Chief Legal Officer and Secretary, Calpine Corporation
                  Michael Shenberg , Partner, White & Case LLP

Merger and acquisition activity in terms of deal value and volume is down in the power, oil and gas industries in the US, oil commodity prices are at their lowest in decades leading to more bankruptcy filings, IPO activity is down as well, and there's been a decrease in follow on equity offerings and high-yield and investment grade debt issuances.  In spite of this noticeable general decline in energy investment, financial investors continue to show interest in all segments.  With natural gas expected to play a much bigger role in electric power generation in the coming decades, several electric utilities have even announced major investments in gas production and transportation.  Hear from bankers and investors on the current activity in energy transactions, capital funding forecasts and financing strategies, including the roles of project bonds and term loan Bs in financing energy assets.

Special Event

Tuesday, June 7, 2016, 5:30 pm - 8:30 pm - CFEBA Reception & Gala*
The CFEBA Annual Fundraising Gala, Light Up the Village! will be held on June 7, 2016 at the Renaissance Downtown Hotel in Washington DC, immediately following the first day of the EBA Annual Meeting and Conference. This will mark the first formal dinner event in CFEBA history as the Foundation takes its fundraising efforts to new heights!

*Separate registration required.

Conference Location

The conference will be at the Renaissance Downtown Hotel. Click here to open in Google Maps.

Renaissance Downtown Hotel
999 Ninth Street N.W.
Washington, DC 20001
 

Hotel Information

Room block is full. Please consider these nearby hotel locations that may have space available:

Embassy Suites Hotel - http://embassysuites3.hilton.com/en/hotels/district-of-columbia/embassy-suites-by-hilton-washington-dc-convention-center-WASCCES/index.html

Hampton Inn Hotel- http://hamptoninn3.hilton.com/en/hotels/district-of-columbia/hampton-inn-washington-downtown-convention-center-WASHHHX/index.html

Henley Park Hotel - http://www.henleypark.com/

Marriott Marquis - http://www.marriott.com/hotels/travel/wasco-marriott-marquis-washington-dc/

Parking & Transportation Information

Information about daily parking rates and metro transit information are available here: http://www.marriott.com/hotels/maps/travel/wasrb-renaissance-washington-dc-downtown-hotel/

Registration Fees

Unless otherwise noted, registration fees include all meals, networking breaks, networking reception and meeting handouts.
 
Two-Day Conference Registration
 
 

Member Early Bird    
(Until May 17, 2016)

Member Non-Member
Private Sector $955 $985 $1,275
Gov't/Student/Academic $400 $450 $550

 

One-Day Conference Registration

  Member Non-Member
Private Sector $650 $900
Gov't/Student/Academic $300 $330

 

Three Ways to Register:

  1. Online: Register Now
  2. Fax your completed registration form with payment to EBA: (202) 833-5596
  3. Mail your registration form and payment to EBA, 2000 M St. NW, Suite 715, Washington, DC 20036 

To learn more, please contact:

Please contact Brittany Banasik, Manager of Communications and Membership Marketing at (202) 499-5847 or by email at bbanasik@eba-net.org.

Conference Policies

THE DEADLINE FOR RECEIPT OF EARLY-BIRD REGISTRATION IS MAY 17, 2016. Conference registrations will only be accepted when accompanied by a check, money order, government purchase order/training form or credit card information and may be limited by the capacity of the facilities. Registrations will not be held without payment.

Cancellation Policy

Refunds will be given to registrants who submit written cancellation request to the Energy Bar Association, 2000 M Street, N.W., Washington, DC 20036 by May 20, 2016 or by sending a written cancellation request by email to Marlo at marlo@eba-net.org.   Please be advised that there is a $50 administrative fee for cancellations.  No refunds will be given after May 20, 2016.  The cancellation policy also applies to registrations that are received and accepted after the deadline date.  (If cancellation is requested after deadline and accepted, there will be a $100 administrative fee).  Substitutions are acceptable at any time (non-members substituting for members will be charged the difference between 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.

Continuing Legal Education (CLE)

MCLE accreditation has been (or will be) requested from states with general MCLE requirements. Each state has its own rules and regulations regarding "CLE". For questions on CLE email EBA-CLE@eba-net.org. TO ASSURE ACCREDITATION, THE NECESSARY CLE INFORMATION MUST APPEAR ON YOUR REGISTRATION FORM. IF THIS INFORMATION IS NOT PROVIDED, WE CANNOT GUARANTEE RECEIPT OF CREDIT.  ONLY REGISTERED ATTENDEES ARE ELIGIBLE FOR CLE.  Approved for 1.5 hours ethics credit in all applicable states except VA.  Not approved for ethics credit in VA.

Photographs

By registering for this conference, you authorize EBA the right to use any photographs taken of you during the course of the conference. Photographs may be used in promotional materials or stories that appear in professional publications and websites.

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