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EBA Member Directory — Paper or Electronic?
The 2014-15 EBA Member Directory is in production. Do you prefer receiving a paper book vs. electronic version? If so, you MUST "opt-in" by following the link and directions below.
To "opt-in" for the hardcopy, please go to the Member Login section of the EBA website.
After logging in go to, "My EBA", "Update Your Profile" and then to Edit/View Information. Scroll down until you get to the section entitled "Please provide the following additional information" and this is where you will be able to check the Membership Directory "Opt-In" box.
2014 Mid-Year Conference — Registration Now Open!
On Tuesday, November 4, 2014 at 8:00am to Wednesday, November 5, 2014 at 5:00pm at the Renaissance Hotel 999 Ninth Street, NW, Washington, DC the Energy Bar Association will host its annual Mid-Year Meeting and Conference. EBA's Mid-Year Conference brings together more than 500 people for two days of educational programing and networking. Registration is now open. Check the website often for updates on the meeting agenda and networking events.
EBA AND INDUSTRY PROGRAMS
Happy Hour — This Thursday, July 17th
EBA's Young Lawyers Committee (YLC) welcomes new and seasoned practitioners alike to its July happy hour and invites EBA members to bring a friend! This month, the YLC happy hour will be held at City Tap House, 901 9th Street, NW, Washington, DC 20001, on Thursday, July 17, 2014 from 6:30 pm-8:30 pm. We look forward to seeing you there! If you can't make it this month, the YLC schedules its monthly happy hour on the third Thursday of the month. So, feel free to block your calendars now for Thursday, August 15, 2014; location to be announced later.
Ethical Considerations in Responding to FERC Investigations
On Tuesday, July 22nd, the EBA Houston Chapter will host a luncheon program entitled: Ethical Considerations in Responding to FERC Investigations at the Houston office of Jones Day at 11:30 am-1:00 pm (CT). This presentation is designed to provide company counsel, compliance officers, outside counsel, and company employees with commercial responsibilities with some insight and practical tips regarding ethical responsibilities when FERC comes calling, especially during the critical, first 72 hours following receipt of a notice of an informal inquiry or formal investigation. The panel will focus on ethical considerations for lawyers involved in such inquiries and investigations, based on FERC's Policy Statements on its Penalty Guidelines and the ABA's Model Rules of Professional Conduct. Approved for Ethics CLE in TX and VA, pending in WV and CO.
Understanding Necessary Regulatory & Legal Frameworks for the Mineral, Petroleum and Natural Gas Sectors
On July 31, 2014 at 12:00 pm ET, there is a teleconference program, Understanding Necessary Regulatory & Legal Frameworks for the Mineral, Petroleum and Natural Gas Sectors, cosponsored by the ABA International Energy and Natural Resources Committee, the ABA Transnational Legal Practice Committee, the Energy Bar Association and endorsed by the Association of Petroleum Negotiators.
EBA Primer Series: An Introduction to Hydropower Law and Regulation
Sponsored by the Energy Bar Association and the National Hydropower Association
On September 15-16, 2014, in Boston, Massachusetts, the EBA and the National Hydropower Association will present a primer on the hydroelectric industry. The purpose of the primer is to provide attorneys who are new to the practice of hydroelectric law a foundational understanding of the hydroelectric industry and how it is regulated by teaching basic industry fundamentals and core regulatory and legal concepts. The primer also provides an overview of key legal and policy issues affecting the industry today. The full agenda and further details may be found on the EBA Calendar of Events.
Save the Date: Meet Commissioner Picker — September 17th
The Western Chapter of EBA is hosting an EBA Energizer Program on September 17, 2014, 11:30 am–1:00 pm to Meet Commissioner Picker. Hosted at Holland & Knight LLP, One Embarcadero Center, 30th Fl., San Francisco, CA. Check the EBA Online Calendar for more details.
Save the Date: EBA's First-Ever Canadian Meeting: Enforcement Proceedings before Energy Regulators in Canada and the United States
The Northeast Chapter of EBA is pleased to present our first Canadian-based program on September 19, 2014, at the National Club, Toronto, Ontario, 303 Bay St. The agenda and registration will be available soon on the EBA Online Calendar. We hope you attend the program and enjoy a weekend in Toronto.
12th Annual Gas and Power Institute
The Gas and Power Institute, to be held on September 4-5, 2014, features timely topics relevant to the gas and power industry in light of the changing landscape of rules, regulation, legislation and environmental requirements, offers essential information on the latest industry and market climate, and provides a must-have set of materials and resources. The Institute is presented by The University of Texas School of Law with the Oil, Gas and Energy Resources Law Section of the State Bar of Texas and the Energy Bar Association.
Basics of Natural Gas Pipeline Ratemaking Course
The New Mexico State University Center for Public Utilities presents the Basics of Natural Gas Pipeline Ratemaking Course on October 12-17, 2014, in Albuquerque, NM. The course, which is co-sponsored by the Energy Bar Association and the Interstate Natural Gas Association of America, is a comprehensive, practical tutorial on ratemaking for interstate natural gas pipelines.
Discussion on FERC Enforcement Practice
On Thursday, September 18, 2014, the FERC Practice and Administrative Law Judges and Compliance and Enforcement committees of the Energy Bar Association will hold a panel discussion of current FERC enforcement practice, critiques of that practice and proposals for reforms. Program details and registration information to follow.
NERC Compliance & Enforcement for Practitioners
On Thursday, October 2, 2014, EBA's System Reliability & Planning Committee along with the Young Lawyers Committee are planning a half-day program designed for new and seasoned NERC electric reliability practitioners alike, this half-day session will explore NERC's transition from a voluntary organization to the FERC-certified ERO, as well as the mechanics of NERC's compliance and enforcement process and procedures. This will be followed by a panel discussion with NERC and industry experts covering reforms to NERC's compliance and enforcement program, and the role of the lawyer in NERC audits and investigations. The forum will conclude with a networking cocktail reception.
Location: George Washington Law School, Washington, D.C. Details and registration information to follow.
July 17 — Happy Hour, City Tap House, Washington, D.C.
July 22 — Ethical Considerations in Responding to FERC Investigations
July 31 — Understanding Necessary Regulatory & Legal Frameworks for the Mineral, Petroleum and Natural Gas Sectors
September 4-5 — 12th Annual Gas and Power Institute
September 15-16 — EBA Primer Series: An Introduction to Hydropower Law and Regulation
September 17 — Meet Commissioner Picker
September 18 — Discussion on FERC Enforcement Practice
September 19 — EBA's First-Ever Canadian Meeting: Enforcement Proceedings before Energy Regulators in Canada and the United States
October 2 — NERC Compliance & Enforcement for Practitioners
October 12-17 — Basics of Natural Gas Pipeline Ratemaking Course
November 4-5 — 2014 EBA Mid-Year Conference, Washington, D.C.
November 4 — CFEBA Annual Gala, Washington, D.C.
A full calendar of events can be found here.
Federal Energy Regulatory Commission approves $3.25 million civil penalty in Southwest blackout case
The National Law Review
On July 7, the Federal Energy Regulatory Commission approved a stipulation and consent agreement between FERC’s Office of Enforcement, the North American Electric Reliability Corporation and Arizona Public Service Company resolving FERC and NERC’s joint investigation into APS’s involvement in the Sept. 8, 2011, Southwest blackout. The Southwest Blackout was a system disturbance in the Pacific Southwest that affected transmission in Arizona, California and Mexico, and ultimately caused a complete blackout of San Diego. FERC and NERC found that APS violated certain of the Transmission Operations group of NERC Reliability Standards, and that these violations resulted in cascading outages in which 2.7 million customers, or approximately 5 million people, lost power for several hours.
New EPA carbon regulation: Impacts of existing states' market based greenhouse gas programs
The Energy Collective
The EPA's new proposed Carbon Regulation is designed to reduce U.S. Power Generation carbon emissions by 30 percent 2005-2030. In addition to the "social benefit of reducing carbon" and "health benefits" of shutting down or cleaning up the most polluting U.S. power generation capacity, the EPA estimates that consumers "electricity bills will shrink by roughly 8%" in 2030. The new rule sets individual carbon reduction standards for each state and requires that all states develop individual or group compliance plans to achieve required carbon reductions by 2030.
More FERC federalism: DC Circuit affirms FERC's jurisdiction again — New England Power Generators Association v. FERC
Cadwalader, Wickersham & Taft LLP via Mondaq
On July 8, the United States Court of Appeals for the District of Columbia Circuit denied the petition for review filed by New England Power Generators Association, Inc. and other market participants' over four Federal Energy Regulatory Commission orders related to the Independent System Operator-New England Forward Capacity Market. The D.C. Circuit held that the orders on review fell within FERC's statutory ratemaking authority conferred by the Federal Power Act because FERC's ratemaking authority extends to parameters of capacity markets related to the price of capacity. Additionally, the court deferred to the Commission to craft mitigation measures responsive to the needs of the ISO-NE FCM because the Commission properly balanced competing interests and based its decision on substantial evidence.
Trade lawyer: Feds' rulings won't unleash flood of oil exports
The secret government rulings that gave two Texas companies confidence they could export a slightly distilled ultra-light oil will not open the floodgates for that condensate to flow overseas, a top trade lawyer predicted July 14. "We're not going to see an avalanche of condensate exports," said Jacob Dweck, a partner with the Sutherland, Asbill & Brennan law firm, after a presentation at the Energy Information Administration's annual summit in the nation's capital.
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