EBA Update, 2016 Q3



In This Issue

1. Calendar of Events
Save The Date for the Energy Bar Association's Book Club Selection for Winter 2016: Lights Out by Ted Koppel
FERC Office of Administrative Litigation Director Nils Nichols Holds Forth in Latest Interview
He Explains Workings of his Office under Chairman Bay
By Gary Guy and David Connelly
Running the trial lawyers shop at Federal Energy Regulatory Commission (FERC) is a hectic business.  But Nils Nichols, Director of the Office of Administrative Litigation (OAL), was kind enough to set aside time recently with newshounds Gary E. Guy and David Martin Connelly (aka “John Charles Daly and Cameron Swayze”). Here's the recap.
President’s Message


As we hit the halfway mark in the 2016-2017 program year, the Energy Bar Association (EBA) is entering a phase of self-examination.

EBA's Board of Directors will be conducting a Strategic Planning session in November to update our long-term strategic goals and initiatives. Your inputs will count as the Member Needs Assessment we conducted this spring will guide the process. Input we receive from EBA's Regional Chapters, task forces and committees will also steer our planning.  The Board will thoughtfully consider all of the information we have received and use it to develop strategies that enhance EBA's mission of providing superior educational programming, networking opportunities and information resources that promote the professional excellence and ethical integrity of our members in the practice, administration, and development of energy laws, regulations and policies.
Executive Director’s Message
“EBA is a community of connections.”
As I met, spoke with and observed attendees of the Energy Bar Association's (EBA) 2016 Mid-Year Energy Forum in early October, it struck me how much enthusiasm and "energy" was on display from participants. The Mid-Year Energy Forum was just the latest example of the amazing opportunities members of EBA have to connect or reconnect with one another to discuss subjects in which they are passionate and issues that affect their practices and the larger global community. As EBA's Executive Director since 2012, I have had the privilege of witnessing similar scenes many times.
EBA’s What’s Ahead
EBA Calendar of Events
October 2016
ELSAS Presents
Community Choice: Implications for California’s Energy Future
Who controls energy? Join in a panel of experts discussing the recent trend toward community control and its implication for the future of energy—locally, in California, and beyond. Hosted by the USF School of Law’s Environmental Law Student and Alumni Society.
November 2016
Five years after the Federal Energy Regulatory Commission issued Order No. 1000, transmission owners and developers have begun vying for opportunities to expand the nation’s transmission system.  Has competition for the right to construct and own transmission projects evolved in the way envisioned by Order No. 1000?
11/03 to 11/04
Taught by industry practitioners and regulators from the Federal Energy Regulatory Commission, the goal of this primer is to provide an overview of the federal regulation of the natural gas industry by the FERC. 
Please join the EBA New Orleans Chapter Serving Louisiana (NOLA) for a networking reception immediately following the EBA Primer program.  All are welcome and you do not need to attend the Primer to attend the reception.
Join the Northeast Chapter for the EBA Third Annual Canadian Forum on November 7, 2016 at the National Club, in Toronto, Canada. This is a full day program that will explore key issues in the energy markets on energy regulation, market rules, competitive transmission and customer-owned generation.
This program will provide an overview of the different types of 205/206 filings and what the essential evidentiary showing standards are for filers/applicants or intervenors.  This program will also touch upon important regulatory timing considerations and procedural aspects that regulatory attorneys must understand, plan, and manage for their clients.
January 2017
01/19 to 01/20
In this program, participants will receive an introduction to the regulatory regime governing electric reliability in the United States.
February 2017
02/23 to 02/24
SAVE THE DATE! This event will be held at the Palace Hotel San Francisco, 2 New Montgomery Street, in San Francisco. Stay tuned for further details.  
March 2017
03/06 to 03/07
Save the Date! This event will be held at the InterContinental in Milwaukee. Stay tuned for additional details.
April 2017
04/03 to 04/04
October 2017
10/17 to 10/18
Membership Renewal Time is Coming Soon
The renewal period for membership with the Energy Bar Association (EBA) is days away and fast approaching. As you already know, being part of EBA gives you access to an exclusive club of prominent and powerful insiders in all aspects of the energy field. Attorneys, policymakers, technical experts and the media all converge at EBA events to discuss and debate issues and trends that impact you and your clients. Where else can you discuss matters of personal interest with policymakers that make or implement laws and regulations of concern to you? Where else can you exchange ideas with peers and counterparts, many world-renown for their expertise on energy law? Where else can you receive live and on-demand training that gives you real-time information and knowledge on issues that impact your practice, and where you may also earned Continuing Legal Education credits.
The Energy Bar Association provides all that to you and more. You know the value of membership with EBA. Renew yours today.
Are You Taking Advantage of One of the Most Important Resources Available to You? Do You Need Additional CLE Credits for the Year?
The Energy Bar Association's (EBA) On-Demand Programs provide you content from subject matter experts on a range of energy industry issues relevant to you and your practice. EBA, in partnership with West LegalEdCenter, has developed a library of on-demand program recordings for purchase, download and to listen to when you it meets your busy schedule. Many programs include Continuing Legal Education (CLE) credits.
Energy Elite Gather at EBA’s 2016 Mid-Year Energy Forum
Hundreds of influential attorneys, federal and state officials, activists and journalists in the energy and environmental industries gathered at the Energy Bar Association’s (EBA) 2016 Mid-Year Energy Forum on October 5 and 6, 2016 at the Renaissance Hotel in Washington, DC.
The Mid-Year Energy Forum Photos
Visit EBA’s Flickr  page to view photos from the Mid-Year Energy Forum.


Back to the Top

Media Coverage of EBA’s Mid-Year Energy Forum
The news industry was ensconced in panel sessions during both days EBA’s Mid-Year Energy Forum. RTO Insider, a key industry outlet, provided in-depth coverage in its October 11, 2016 edition. RTO Insider covered the opening general session on diversity and overcoming racial and gender bias, a debate between distributed versus utility-scale solar generation, and discussions about the expansion of the Western Energy Imbalance Market, the Supreme Court's stay on the Clean Power Plan and FERC's Order 1000. 
EBA Launches New Social Media Channels to Enhance Information Sharing and Engagement for Members
Did you miss EBA’s Mid-Year Energy Forum?
While hundreds of energy attorneys and policymakers were networking, training and sharing information at the 2016 Mid-Year Energy Forum, EBA was documenting proceedings for attendees who could not get to all the events and for those who were not able to make it this year. Please visit EBA’s Flickr page to view photos from the Mid-Year Energy Forum. See a photo you like from this event or a future event? Let us know and we’ll be happy to share it with you. EBA also launched a new Twitter channel. Follow us. You may also be interested in viewing our Twitter coverage of the Mid-Year Energy Forum.
Energy Law Journal:  Excerpts from Past Issues
Ten Years Ago
“The legal theories used by federal enforcement agencies in reaction to the debacle in the western markets are largely untested in the courts.  Private litigation, especially under state antitrust laws, has not been resolved. Criminal prosecution is a new development in this realm.  Because so many of the enforcement and private cases have been settled or arbitrated, there have been few reports of decided cases.  Now come the new FERC rules.  While patterned after a rule under the securities laws that has an enormous judicial gloss, it is uncertain how their precedents will be applied by FERC or by the courts.  Beyond the substantive issues lie procedural and strategic considerations that any participant in the energy markets who becomes the subject of an enforcement inquiry must take into account.”
Allan Horwich, Warnings to the Unwary: Multi-Jurisdictional Federal Enforcement of Manipulation and Deception in the Energy Markets After the Energy Policy Act of 2005, 27 ELJ 363, 421-2 (2006)
Preeminent Energy Lawyer Robert Fleishman Receives 2016 Paul E. Nordstrom Service Award
Robert (Bob) Fleishman, a distinguished energy regulatory attorney with Morrison & Foerster and the long-term editor of the Energy Law Journal (ELJ) received the Energy Bar Association’s (EBA) 2016 Paul E. Nordstrom Service Award during EBA's Mid-Year Energy Forum.  The award recognizes exemplary long-term public service to the community through EBA, the Charitable Foundation of Energy Bar Association (CFEBA), or the Foundation of the Energy Law Journal (FELJ). Fleishman was presented the award by Emma Hand, President of EBA’s Board of Directors.
Sandra Mattavous-Frye, the People’s Council for the District of Columbia, Receives 2016 State Practitioners Award
Sandra Mattavous-Frye, the People's Counsel for the District of Columbia, was presented with the 2016 State Regulatory Practitioner Award during the Energy Bar Association’s (EBA) 2016 Mid-Year Energy Forum. Mattavous-Frye is serving her second term as the People’s Counsel after she was reappointed by DC Mayor Muriel Bowser in 2015. She was originally appointed by DC Mayor Vincent Gray in 2011.
Opportunities and Influence of Women in Energy Industry Growing
The influence of women is growing in the energy industry according to Anne Bomar, Senior Vice President of Dominion Energy. Bomar cited her own rise through the ranks of Dominion as an example of what women can accomplish in the field of energy law as she spoke before a sold-out audience at the Energy Bar Association’s (EBA) Mid-Year Forum’s inaugural Women in Energy Breakfast.
EBA’s Work on Energy Law Education Garners International Recognition
Energy Bar Association (EBA) members are well aware of its impact on energy law education in the United States. However, A Review of Energy Law in the UK, an article in the October 5, 2016 edition of the Journal of World Energy Law and Business discusses EBA’s influence in the United Kingdom. 
(Pictured from left to right: Former EBA presidents Sheila Hollis and Adrienne Clair, EBA’s ABA Delegate, attend the American Bar Association’s 2016 Meeting.)
Chapter Updates
New Orleans Chapter
The Energy Bar Association’s (EBA) New Orleans Chapter hosted the Federal Energy Regulatory Commission’s Commissioner Colette Honorable at a breakfast on August 11 in Phelps Dunbar’s New Orleans office.  Commissioner Honorable engaged attendees on a broad range of energy topics. In attendance were Louisiana Public Service Commission Commissioners Eric Skrmetta and Lambert Boissiere, representatives from the New Orleans City Council Utilities Regulatory Office and electric utilities as well as private practitioners and academics.    
CFEBA News: CFEBA Helps Transform Lives in El Beni, Bolivia
(Photos by Noah Friedman-Rudovsky)
The Charitable Foundation of the Energy Bar Association (CFEBA) is pleased to announce that its Board of Directors awarded a $150,000 grant to the National Rural Electrification Association International Foundation (NRECA International Foundation) on August 2, 2016.  This grant is the largest single grant awarded by the CFEBA to date.
CFEBA News: Mid-Year Energy Forum Attendees Lift Glasses in Support
Attendees to this year’s EBA Mid-Year Energy Forum demonstrated their ongoing commitment to the Charitable Foundation of EBA (CFEBA) by raising over $3,300 in donations.
FELJ News: Morrison Discusses Capacity Markets
Jay Morrison, the National Rural Electric Cooperative Association’s (NRECA) Vice President of Regulatory Affairs discussed his recent Foundation of the Energy Law Journal (FELJ) article, Capacity Markets: A Path Back to Resource Adequacy with FELJ Editor Harvey Reiter during a recent EBA webinar. Morrison believes that while centralized capacity market constructs are a useful tool for enabling efficient short-term capacity transactions, they do have shortcomings. Morrison discussed what steps FERC should consider to address these challenges. Read Morrison’s article here.
FELJ News: 2016 FELJ Mogel Intern Chase Snodgrass Recounts Summer to Remember
The Foundation of the Energy Law Journal (FELJ) was pleased to sponsor Chase Snodgrass for an internship with Congressman Markwayne Mullin (R-OK) this summer. FELJ's William Mogel Internship Program sponsors student members of the Energy Bar Association (EBA) for energy-related policy opportunities in Washington, DC. Congressman Mullin is a member of the House Energy and Commerce Committee and was named by House Speaker Paul Ryan as a conferee to help reconcile differences between the House and Senate on energy legislation in May. 
Save The Date for the Energy Bar Association's Book Club Selection for Winter 2016: Lights Out by Ted Koppel
Imagine a blackout lasting not days, but weeks or months.  It isn’t just a scenario, says Ted Koppel, the former anchor of Nightline in his recent publication, Lights Out: A Cyberattack, a Nation Unprepared, Surviving the Aftermath. Jonathan D. Schneider, Partner at Stinson Leonard Street LLP, will lead a discussion of Lights Out on Thursday, December 8, 2016.
Diversity Policy Statement: 
The Energy Bar Association is committed to the goals of fostering an inclusive and diverse membership and increasing diversity across all levels of the Association, so as to reflect the diversity of the energy industry and the Nation as a whole. Attorneys, non‐attorney professionals in the energy field and law students are welcome to join our ranks regardless of race, creed, color, gender, ethnic origin, religion, sexual preference, age, or physical disability and are encouraged to become active participants in the Association’s activities.