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IN THIS ISSUE...

EBA NEWS

  • Old or not so young…Join the Young Lawyers Committee Happy Hour this Thursday!
  • This Friday: Explore Key US Canadian Cross Border Energy Issues and Processes
  • Have you LinkedIn to EBA?
  • Is 2014 the beginning of major regulatory changes that will transform America's energy industry?


  • EBA PROGRAMS

  • Upcoming EBA Events


  • CFEBA NEWS

  • State Commissioners Reception to Benefit CFEBA — October 6, 2014


  • NON-EBA EVENTS

  • Upcoming Non-EBA Events


  • INDUSTRY HIGHLIGHTS

  • Utility 2.0: New York state electricity market should allow 3rd parties to compete
  • Bay takes broader view of FERC's LNG jurisdiction
  • Exporting US oil to Mexico
  • Sun and wind alter German landscape, leaving utilities behind



  • EBA NEWS


    Old or not so young…Join the Young Lawyers Committee Happy Hour this Thursday!
    EBA
    The Young Lawyers Committee welcomes new and seasoned practitioners alike to its September happy hour and invites EBA members to bring a friend! This month, the YLC happy hour will be held at PJ Clarke's, 1600 K Street Northwest, Washington, DC 20006, on Thursday, September 18, 2014 from 6:30pm-8:30pm.

    Next month, the YLC and State Practice Committee plan to co-host the NARUC Commissioners’ Reception to benefit the CFEBA. This reception will take place on October 6, 2014 from 5:00-7:00 p.m. at Mio Restaurant, 1110 Vermont Ave., NW Washington, DC 20005.

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    This Friday: Explore Key US Canadian Cross Border Energy Issues and Processes
    EBA
    There is still time to register for the Energy Bar Association's first program held in Canada, taking place this Friday, September 19, 2014 in Toronto!

    A panel of four distinguished speakers that will explore key issues and processes with important cross border implications — energy market manipulation, developments in energy arbitration, and significant challenges for energy regulators. We are also pleased to welcome Dr. Robert Skinner, Executive Fellow of the University of Calgary School of Public Policy as the luncheon speaker. Dr. Robert Skinner’s career in energy spans more than four decades in government, industry and academia. His luncheon address will focus on Canada and its Energy Discontents.

    Your registration for this event will include a hosted cocktail reception at Roof Garden of the National Club, where you can network with colleagues from Toronto and beyond.

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    Have you LinkedIn to EBA?
    EBA
    Visit EBA on LinkedIn at https://www.linkedin.com/company/energy-bar-association for news and updates about the Energy Bar Association and the energy industry. We encourage you to include EBA in your LinkedIn list of Groups and share our posts with your contacts. Comments and posts are also encouraged! See you on LinkedIn!
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    Is 2014 the beginning of major regulatory changes that will transform America's energy industry?
    EBA
    On November 4-5, 2014, the Energy Bar Association’s 2014 Mid-Year Meeting & Conference will provide two full days of discussions examining this question. The first morning will focus on recent changes in the complicated relationship between state and federal agencies in their regulatory roles, including the D.C. Circuit’s recent decision raising dramatic questions about FERC’s authority over demand response programs. The second morning will focus on the evolving nature of the practice of energy law in 2014 and EPA’s major proposal to regulate carbon emissions from existing coal-fired power plants. Additional panels will focus on environmental review of natural gas pipeline construction, the operation of carbon trading markets, and the impact of FERC’s policies on the electric transmission industry. Keynote speakers include newly-appointed FERC Commissioner Norman Bay, Pipeline and Hazardous Material Safety Administration Chief Counsel Vanessa Allen Sutherland, and SNL Energy Reporter Glen Boshart.

    Mid-Year Conference Brochure and Agenda

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    EBA PROGRAMS


    Global Arbitration and Alternate Dispute Resolution in Energy Infrastructure
    EBA
    The Energy Bar Association International Energy and Transactions Committee and the Alternate Dispute Resolutions Committee Jointly Present: Global Arbitration and Alternate Dispute Resolution in Energy Infrastructure Projects Worldwide: Experts Discuss Arbitration and Mediation Processes, Venues, and Legal Drafting of Dispute Resolution Clauses. This program will be held on September 26th, Noon- 2:00 pm ET.

    Dispute resolution clauses in commercial agreements in energy infrastructure projects in overseas markets almost always reference mediation and arbitration, and steer away from resolution through the courts, particularly when one party is a Sovereign. Why is that? How well does the arbitration system work for investors in overseas energy infrastructure projects? What happens if one side refuses to pay? How can the winning side enforce an arbitral award? What factors should be considered when selecting an arbitration forum? These and other issues will be touched on by a panel of arbitration experts who will discuss case histories that answer some of these questions.

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    NERC Compliance & Enforcement for Practitioners
    EBA
    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, DC. The agenda details and registration information are available online.

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    CFEBA NEWS


    State Commissioners Reception to Benefit CFEBA — October 6, 2014
    EBA
    The State Commission Practice and Regulation Committee along with the Young Lawyers Committee invite you to the State Commissioners Reception to Benefit the CFEBA to be held on October 6th. Come enjoy cocktails and hors d'oeuvres while honoring State Public Utility Commissioners from across the country AND help CFEBA carry out their mission by making this year’s Gala and Silent Auction the BEST EVER! In lieu of a registration price, guests are asked to donate an item for the silent auction. All gifts are tax deductible and your generosity supports the continuation of CFEBA’s good works! You do not want to miss complimentary hors d'oeuvres, happy hour specials, musical entertainment provided by Andre Fox, networking time with colleagues, VIP honored guests, and OPEN BAR for the first hour thanks to the generosity of our sponsors!

    For list of Invited Guests, suggested donations, please click here.

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    NON-EBA EVENTS


    Colorado State 4th Annual Natural Gas Symposium
    Colorado State University
    This popular event is hosted by Colorado State University (CSU) and will be held on September 24-25, at the Grand Hyatt in Denver. Since the first inaugural event in October 2011, CSU has built a reputation for hosting a balanced symposium discussing all sides of the natural gas issue while remaining an "honest broker" of information and education. Registration has opened!
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    Midwest Energy Policy Conference
    Missouri Energy Initiative
    The Midwest Energy Policy Conference (MEPC) 2014 will be held on Sept. 30-Oct. 1 in St. Louis, MO and will address the 2014 environmental and energy rulings of the United States Supreme Court; The path forward following the EPA greenhouse gas 111(d) ruling; and What makes successful state energy plan programs relevant and successful in several key focus areas (economic development, education, research, regulations, portfolio mix, biofuels, and more).
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    Basics of Natural Gas Pipeline Ratemaking Course
    New Mexico State University
    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.
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    UPCOMING EBA EVENTS

    SEPTEMBER
    September 18 — Young Lawyers Committee Happy Hour
    September 19 — Explore Key US Canadian Cross Border Energy Issues and Processes
    September 26 — Global Arbitration and Alternate Dispute Resolution in Energy Infrastructure

    OCTOBER
    October 2 — NERC Compliance & Enforcement for Practitioners
    October 6 — State Commissioners Reception to Benefit CFEBA

    NOVEMBER
    November 4-5 — 2014 EBA Mid-Year Conference, Washington, D.C.

    A full calendar of events can be found here.


    INDUSTRY HIGHLIGHTS


    Utility 2.0: New York state electricity market should allow 3rd parties to compete
    The Energy Collective
    The New York Public Service Commission has embarked on the landmark Reforming Energy Vision proceeding to design a new business model for electric utilities. Today's business model allows utilities to earn revenues based on how much money they spend to supply and deliver electricity. Under the new model, utilities will earn revenues based on the value of services they deliver to customers and the environment.
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    Bay takes broader view of FERC's LNG jurisdiction
    Natural Gas Intelligence
    Recently sworn-in FERC Commissioner Norman Bay has articulated a broader view than other commissioners related to the body's authority over liquefied natural gas facilities under the Natural Gas Act in partial dissent to a recent Commission order. "The Energy Policy Act of 2005 'explicitly provides the Commission with exclusive authority over LNG terminals subject to our [NGA] Section 3 jurisdiction'..." Bay wrote. "The majority acknowledges that, in doing so, Congress employed 'a very broad definition of LNG Terminal'...namely, 'all natural gas facilities located onshore or in state waters that are used to receive, unload, load, store, transport, gasify, liquefy, or process natural gas' that is imported to, or exported from, the United States, or 'transported in interstate commerce by waterborne vessel.'"
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    Exporting US oil to Mexico
    The Energy Collective
    Two of the biggest energy stories of the last twelve months have been the reform of Mexico's oil sector after 75 years of state monopoly and the U.S. oil industry's drive to gain approval to export a growing surplus of domestic light crude oil. The prospect of exporting U.S. oil to Mexico connects these developments in a surprising way. It should make sense geographically and economically, though regulatory hurdles remain. Yet it could also increase tension between U.S. oil producers and refiners over the merits of exporting crude versus refined products.
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    Sun and wind alter German landscape, leaving utilities behind
    The New York Times via Santa Fe New Mexican
    Of all the developed nations, few have pushed harder than Germany to find a solution to global warming. And towering symbols of that drive are appearing in the middle of the North Sea. They are wind turbines, standing as far as 60 miles from the mainland, stretching as high as 60-story buildings and costing up to $30 million apiece. On some of these giant machines, a single blade roughly equals the wingspan of the largest airliner in the sky, the Airbus A380. By year’s end, scores of new turbines will be sending low-emission electricity to German cities hundreds of miles to the south.
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