2017 MID-YEAR ENERGY FORUM

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1 2017 MID-YEAR ENERGY FORUM Monday, Oct. 16 Tuesday, Oct. 17 Renaissance Downtown Hotel 999 Ninth Street, NW Washington, DC

2 2017 Mid-Year Energy Forum The Energy Bar Association s (EBA) 2017 Mid-Year Energy Forum on October 16-17, 2017 at the Renaissance Hotel in Washington, DC brings together hundreds of attorneys, energy professionals and academics for two days of high-level discussions, networking and training events on all aspects of energy law. Attendees are active in all areas of energy law, including antitrust, international transactions, legislation and regulatory reform, electric utility regulation, alternative dispute resolution, finance and transactions, environment and public lands at federal, state, and international levels. The Forum will be approved for MCLE and ethics credit. What do prior attendees have to say about the EBA Conference? Well run and organized. Presenters were extremely engaging. Timely and very well done. Appreciated hearing diverse views. Great networking opportunity. Special Events These special events offer further networking opportunities and we encourage you to participate. Separate registration is required. MONDAY, OCTOBER 16 The Honorable Chief Judge Curtis L. Wagner, Jr., Administrative Law Judges Reception* 5:30pm to 7:30pm Location: The Offices of Duane Morris LLP 505 9th Street, N.W., Suite 1000, Washington, DC The annual reception honoring the Federal Energy Regulatory Commission s Administrative Law Judges, sponsored by the Foundation of the Energy Law Journal, is the major source of funding for the Energy Law Journal, published by the Foundation of the Energy Law Journal (FELJ), for the benefit of the EBA membership. TUESDAY, OCTOBER 17 Women in Energy Breakfast* 7:30am to 8:30am, Renaissance Downtown Hotel, 999 Ninth Street, NW, Washington, DC The second annual Women in Energy Breakfast recognizes and honors the contributions and influence of women in the energy industry. Closing Celebration Dinner with FERC Commissioners* Tuesday, October 17, 2017, 5:45pm to 8:30pm, Renaissance Downtown Hotel, 999 Ninth Street, NW, This year s Mid-Year Energy Forum Dinner will feature lively entertainment by the Federal Energy Regulatory Commissioners, and will celebrate 40 years of FERC. This is a not to be missed special event dinner. *Requires separate registration 2

3 MONDAY, OCTOBER MID-YEAR ENERGY FORUM A complete list of session speakers and bios are available on the Conference website, Noon - 6:00pm Registration 1:00pm - 1:15pm Opening Welcome Bob Weishaar, EBA President 1:15pm- 2:30pm General Session: CEO Round Table As energy companies adjust to changes in market conditions, new technology and regulatory environment, hear from a panel of major energy company CEOs on their strategic vision and the future of the energy sector. 2:30pm -2:45pm Break 2:45pm- 4:00pm Concurrent Sessions SESSION A: SURVIVING THE DEAL: BEST PRACTICES IN OIL & GAS PIPELINE TRANSACTIONS DURING TIMES OF UNCERTAINTY Regulatory and economic uncertainty present both opportunities and challenges to companies and their legal teams and regulators. Join this roundtable session, which will explore whether conventional approaches to oil and gas deal financing, mergers and acquisitions adequately address today s dynamic market realities. Panelists will discuss best practices for energy sector transactions in a changing market, including consideration of commodity price changes, shareholder liability, changes in commodity flows and exports, regulatory reform, state vs. federal jurisdiction, and navigating other regulatory concerns. SESSION B: THE (LONG AND WINDING) ROAD TO DEVELOPING OFFSHORE WIND IN THE UNITED STATES Not Yet An EBA Member? Consider joining EBA now and get the member discount on registration. Did you know that by joining EBA, the discount you receive for attending the Mid-Year Energy Forum more than pays for your membership? For information about membership and to join, visit: benefits-joining-eba Join today and save! After over a decade of false starts, the development of large-scale offshore wind generation in the United State appears to be poised for success. The U.S. Bureau of Ocean Energy Management (BOEM) has finalized its regulatory process for the issuance of offshore renewable energy leases, has worked cooperatively with several states to identify and conduct initial environmental assessments on potential lease areas, and successfully conducted auctions for leases off the coasts of Massachusetts, Rhode Island, New York, New Jersey, Maryland, and North Carolina. At the same time, a number of interested states including Massachusetts, Maryland, New York, and Rhode Island have developed their own programs to incentivize the development of offshore wind. The combination of these federal and state efforts, along with significant advances in turbine technology, has attracted the attention of companies that have successfully developed large-scale offshore wind projects in Europe. 3

4 MONDAY, OCTOBER 16 This panel will discuss the actions underway in the U.S. to foster the development of offshore wind, compare those actions to the programs that have led to the successful development of over 12 GW of offshore wind in Europe, and consider additional efforts that may be needed to ensure the success of the offshore wind industry in the U.S. 4:00pm - 4:15pm Break 4:15pm - 5:30pm Concurrent Sessions SESSION A: ENERGY AND ENVIRONMENTAL JUSTICE At some point in many energy infrastructure projects environmental justice issues arise related to lowincome, vulnerable or tribal communities. This panel will provide an overview of environmental justice issues relevant to energy infrastructure, the federal and state legal framework for vetting and resolving environmental justice issues, and the different contexts in which environmental justice issues may arise legacy sites, new infrastructure development, green energy investment, and residential distributed generation. While environmental justice issues often arise in the form of opposition to energy projects, the panel will also discuss how energy companies can engage environmental justice communities in discussions to achieve mutually beneficial outcomes. SESSION B: THE EVOLVING LEGAL INTERSECTION OF STATE POLICY AND ENERGY MARKETS FERC s approach to wholesale markets has historically been resource neutral, while state authorities have increasingly been interested in promoting or preserving specific resources through policies that include RPS standards, the creation and administration of carbon markets, the promotion of base-load and carbon neutral generation through tax credits and other arguable subsidies. While the Supreme Court established one outside barrier to state involvement in promoting generation in Hughes v. Talen Energy Marketing, much remains to be decided. The extent to which federal policy should accommodate or reflect state-based generation policies and preferences will be the subject of this panel. Much is at stake as states endeavor to meet environmental and reliability objectives, while many argue that state authority must give way to federal oversight and the impartial hand of the market. New This Year Take Advantage of Our Mid-Year Energy Forum Registration Discounts: Select the Value Registration and save. This package provides savings and includes both the Forum program registration and the Closing Celebration Dinner ticket. Multi Registration Discount For firms registering 5 people or more, at the same time, EBA will provide you a group discount of $590 per person for person 5 and beyond. This registration does not include the closing dinner and registration must be done using the PDF registration form by mail or fax. This discount can not be applied to online registrations. This discount applies to Private and Energy Professional members only. All attendees in the group must be members. 4

5 2017 MID-YEAR ENERGY FORUM MONDAY, OCTOBER 16 Special Event 5:30 pm to 7:30 pm The Honorable Chief Judge Curtis L. Wagner, Jr., Administrative Law Judges Reception* HOSTED BY 505 9TH STREET, N.W., SUITE 1000, WASHINGTON, DC This reception honoring the Federal Energy Regulatory Commission s Administrative Law Judges, sponsored by the Foundation of the Energy Law Journal, has become an annual occasion welcomed and enjoyed by all segments of the energy law sector. This year s reception, to which all of the Judges are invited as guests precedes the EBA Mid-Year Energy Forum scheduled on October in Washington DC. The annual ALJ reception is the major source of funding for the Energy Law Journal, published by the FELJ, for the benefit of the EBA membership. Current EBA dues do not support publishing the Journal. The Journal, is in its 37th year with over 3,000 subscribers and is a great resource for all of us in the Energy Bar and related professions so we want to ensure its longterm financial viability. REGISTRATION $80 - Non-Government $30 - Government & Academic *Separate registration is required for this event. Use the attached registration form or register online at Registration Benefits: Before the Conference: Access to course materials, downloadable PDFs and speaker and attendee roster. During the Conference: Access to speakers and attendees, numerous networking opportunities, meet EBA committee chairs and EBA board members, enjoy 12+ educational sessions, an opportunity to meet and learn from exhibitors, enjoy an abundance of networking time and a chance to support the charitable work of CFEBA. Meeting App: New! Connect to the EBA meeting app before attending. Make plans to meet up with colleagues, plan your sessions and assess program handouts. After the Conference: Unlimited access to the final course material, papers and slides, updated attendee list to help continue the conversation. 5

6 TUESDAY, OCTOBER 17 7:00am - 5:00pm Registration 7:30am 8:30am Women in Energy Breakfast* The Energy Bar Association (EBA) is pleased to host the Women in Energy Breakfast in conjunction with the EBA Mid-Year Energy Forum. While the number of women attorneys has greatly increased in the last several decades, women are still a minority in the energy bar and the energy industry in general. This breakfast brings together women in energy law to enjoy networking and share experiences and successes. *RSVP Required to mary@eba-net.org Thank you to our host: McGuireWoods 8:00am - 9:00am Continental Breakfast & Exhibits 9:00am - 10:30am General Session: A New Sheriff in Town: The Trump Administration s Dramatic New Approach to Energy and Environmental Policy President Trump has recently announced that the U.S. will withdraw from the Paris Climate Accord, and has further issued a series of Executive Orders requiring EPA to reconsider and/or revise major Obama era regulations intended to combat global warming such as the Clean Power Plan and methane emission reductions. EPA Administrator Pruitt, an opponent of many existing EPA climate, air and water emission control strategies prior to his appointment, is actively implementing this new agenda. For its part, the DOE is studying measures to support existing base-load generation, including nuclear and fossil-fired plants, in view of their asserted beneficial effects for grid reliability and fuel diversity. The Administration, moreover, has made statements supporting a revival of the coal industry. This panel will review the anticipated extent and substance of these developments, and how they may change the energy industry and markets in coming years. EBA wishes to thank the following individuals and groups for planning this conference: Stuart A. Caplan, (Co-Chair), Partner, Troutman Sanders LLP Damien R. Lyster, (Co-Chair), Vinson & Elkins LLP Thomas Millar, (Co-Vice Chair), Willkie Farr & Gallagher LLP Norman A. Pedersen, (Co-Vice Chair), Hanna and Morton LLP The entire Professional Education Council, Chapter Leaders and Committee Chairs and Vice Chairs 6

7 2017 MID-YEAR ENERGY FORUM TUESDAY, OCTOBER 17 10:30am - 11:00am Break 11:00am - 12:15pm Concurrent Sessions SESSION A: RESILIENCY OF ENERGY INFRASTRUCTURE THE PHYSICAL (UN) CERTAINTY OF ENERGY SUPPLY There are significant (non-cyber) threats to the continued reliable supply of electricity. As nuclear and coal plants retire, the grid may face new baseload supply challenges. There are real operational uncertainties, as we need access to new gas supplies and significant pipeline expansions to support power generation. In parallel, the industry faces challenges in protecting infrastructure against a troubling threat from physical attack. Are we adequately juggling these cross-cutting factors? Are all the players on the same page? Is the risk level rising even as we become more dependent on electricity? This panel will assess the contingency and operational planning by both the electric and gas industries, and whether we are adequately preparing for tomorrow s risks to the security of power supplies. SESSION B: INTERMITTENCY VS. RELIABILITY: HOW TO DEAL WITH THE RAPID EXPANSION OF RENEWABLES Renewable resources are expected to significantly alter conventional generation dispatch and the reliance on fossil fuels. Indeed, they are already doing so in some regions. The intermittent nature of most renewable resources creates challenges to maintain electric grid reliability, while at the same time creating opportunities for natural gas infrastructure and energy storage resources to provide ramping and firming to the grid. This panel will illustrate the expected risk and reliability issues associated with increasing renewable penetration, and explore how natural gas and energy storage solutions can mitigate both the intermittency and the risk of a shortfall in needed supplies of power. In addition, the panel will delve into the merits and challenges for gas backup and energy storage for renewables, including location, the relative costs and operational characteristics, and offer a regional case study to highlight current practices. 12:15pm - 2:00pm Luncheon with Guest Speaker Presentation of the Paul E. Nordstrom Service Award Bob Fleishman, winner of the 2016 Nordstrom Award Presentation of the State Regulatory Practitioners Award Sandra Mattavous-Frye, winner of the 2016 State Regulatory Practitioners Award 2:15pm - 3:45pm Concurrent Sessions SESSION A: ETHICS PRESENTATION: MY CLIENT, MY EMPLOYER: ETHICAL CONSIDERATIONS FOR IN-HOUSE COUNSEL SESSION B: THE FUTURE OF DISTRIBUTED ENERGY As distributed energy penetration increases in some markets, new regulatory challenges and disputes are on the rise. This panel will explore cost allocation, rate design, antitrust issues, exit fees/departing load charges, distribution system development, public vs private investment and other core issues affecting the future of distributed energy and the central baseload capacity which may be displaced. 3:45pm - 4:00pm Break 4:00pm - 5:00pm Closing General Session: Closing Plenary 7

8 TUESDAY, OCTOBER 17 5:45pm 8:30pm Special Event: Closing Celebration Dinner with FERC Commissioners 5:45pm 8:30pm This year s Mid-Year Energy Forum Dinner will featuring lively entertainment by the Federal Energy Regulatory Commissioners, and will celebrate 40 years of FERC. This is a not to be missed special event dinner. Tickets may be purchased separately. Have fun supporting CFEBA s charitable deeds by participating in its wine pull fundraiser in conjunction with the Dinner. CFEBA will be the sole provider for wine at the EBA Dinner. Registration Dinner ticket is included in the Value Registration Individual Dinner tickets: $150 Use the attached registration form or register online at FER C s Celebrates 40 years! 8 About the Energy Bar Association: EBA is a non-profit voluntary association of attorneys, energy professionals and law students whose mission is to enhance the professional excellence and ethical integrity of its members in the practice, administration and development of energy laws, regulation and policies. Established in 1946 as the Federal Power Bar Association, EBA generally was focused on those lawyers practicing energy regulatory law at the federal level. In 1977, the organization changed its name to the Federal Energy Bar Association to reflect the name change of the Federal Energy Regulatory Commission. Today, EBA is an international, non-profit association of attorneys, energy professionals and law students active in all areas of energy law. It has over 2,500 members throughout the United States, Canada and internationally with seven chapters in Houston, Louisiana, Midwest, Northeast, Rocky Mountain, Southern and Western regions of the U.S.

9 2017 MID-YEAR ENERGY FORUM Thank you to our sponsors: (as of August 15, 2017) Get Forum news and updates via EBA s Twitter THANK YOU TO OUR MARKETING SPONSORS: Also share your excitement about the Forum and engage with others by sending your own Tweets DIVERSITY POLICY STATEMENT: The Energy Bar Association ( EBA ), are committed 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, regardless 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 Associations activities. Don t miss the Exhibitors. A select group of providers will exhibit their services at the Forum. Spend time learning about their services. Interested in exhibiting or sponsoring? Contact David Shaman at dshaman@eba-net.org or

10 We look forward to s eing you at the 2018 Annual Meeting & Conference May 7-8 Renaissance Downtown Hotel, Washington, DC Join more than 500 of your colleagues and associates for two days of educational sessions, networking and discussion of the latest trends and developments facing the energy law sector at EBA s Annual Meeting & Conference. The conference is approved for approximately hours of MCLE credit, and an additional 1.5 hours of ethics credit. Among the key highlights are opportunities to welcome the incoming EBA leadership, the Charitable Foundation of the Energy Bar Association s annually Gala to raise funds for worthy domestic and international energy-related causes, and EBA s Committee Huddle which gives EBA members an opportunity to meet committee leaders and learn about their plans for coming year.

11 2017 MID-YEAR ENERGY FORUM Monday, Oct. 16 Tuesday, Oct. 17 Renaissance Downtown Hotel 999 Ninth Street, NW Washington, DC ATTENDEE REGISTRATION FORM CONTACT INFORMATION: Last Name: First Name: M.I.: Badge Name (First Name or Nickname): Firm/Company/Agency: Address: City: State: Zip Code: Phone: REGISTRATION TYPE AND FEES: (Confirmations will be sent via .) Unless otherwise noted, registration fees includes lunch, networking breaks, WiFi and and meeting handouts. Type of Registration Early Bird Regular (until 9/29/17) Non- Member Private (Dinner NOT Included) q $750 q $800 q $950 Private - Value Registration (Includes Dinner) q $875 q $900 q $1,050 Private - Multi Registration Discount (5 and beyond)* q $590 Gov t/academic (Dinner NOT Included) q $415 q $485 q $595 Gov t/academic - Value Registration (Includes Dinner) q $525 q $585 q $695 q *This is part of a group registration SPECIAL EVENTS: Separate ticket pricing ALJ Reception Non-Government q $80 Government/Students q $30 MEALS: q I will attend lunch on Tuesday, Oct. 17. If you require a special meal, please indicate: PAYMENT: (TAX ID: ) q Check enclosed (payable to the EBA) q Government Purchase Order Enclosed q Visa q Mastercard q Amex q Discover Cardholder Name: Signature: Card #: Total to be charged/enclosed (USD): $ CONTINUING LEGAL EDUCATION: Exp. / CSC I plan to apply for Continuing Legal Education credit in the following states (Only Provide ID if credit is required as fees are involved with many states, if credit is requested): State: ID#: State: ID#: State: ID#: FOR EBA USE ONLY: Check Name: Check #: Check Amount: $ Check Date: Women in Energy Breakfast** q $50 Closing Celebration Dinner q $150 (dinner only ticket) Card Authorization: Amount Charged: $ Date Billed: *NEW - Multi Registration Discount For firms registering 5 people or more, at the same time, EBA will provide you a group discount of $590 per person for person 5 and beyond. This registration does not include the closing dinner and registration must be done using the PDF registration form by mail or fax. This discount cannot be applied to online registrations. Applies to Private and Energy Professional members only. All attendees in the group must be members ** The fee to attend the Women in Energy Breakfast is included in the Mid-Year Energy Forum registration, but an RSVP is required. The fee is for non-attendees. Return completed form to: Energy Bar Association Attn: Mary Singletary 2000 M Street, NW, Suite 715 Washington, DC mary@eba-net.org or Phone: (202) Fax: (202)

12 2017 MID-YEAR ENERGY FORUM Monday, Oct. 16 Tuesday, Oct. 17 Renaissance Downtown Hotel 999 Ninth Street, NW Washington, DC ATTENDEE REGISTRATION FORM Important Registration Information REGISTRATION FEES: Unless otherwise noted, registration fees includes lunch, networking breaks, WiFi and and meeting handouts. Type of Registration Early Bird (until 9/29/17) Regular Non- Member Private (Dinner NOT Included) $750 $800 $950 Private - Value Registration (Includes Dinner) Private - Multi Registration Discount (5 and beyond)* Gov t/academic (Dinner NOT Included) Gov t/academic - Value Registration (Includes Dinner) SPECIAL EVENTS: Separate ticket pricing $875 $900 $1,050 $590 $590 $415 $485 $595 $525 $585 $695 ALJ Reception Non-Government $80 Government/Student $30 Women in Energy Breakfast** $50 Closing Celebration Dinner (dinner only ticket) $150 *NEW - Multi Registration Discount For firms registering 5 people or more, at the same time, EBA will provide you a group discount of $590 per person for person 5 and beyond. This registration does not include the closing dinner and registration must be done using the PDF registration form by mail or fax. This discount cannot be applied to online registrations. Applies to Private and Energy Professional members only. All attendees in the group must be members. **The fee to attend the Women in Energy Breakfast is included in the Mid-Year Energy Forum registration, but an RSVP is required. The fee is for non-attendees. HOW TO REGISTER: 1) Online: Register Now 2) Fax your completed registration form with payment to EBA: (202) ) Mail your registration form and payment to EBA, 2000 M St. NW, Suite 715, Washington, DC EBA s Mid-Year Energy Forum conference pre-registration closes on October 9. Thereafter, registrations can only be taken on-site at the conference. SPECIAL ACCOMMODATIONS: Persons in need of special accommodations please inquire with the EBA, Lisa Levine, llevine@eba-net.org. DRESS ATTIRE: Attire for the conference is smart business casual. CANCELLATION AND REFUND POLICY: THE DEADLINE FOR RECEIPT OF EARLY-BIRD REGISTRATION IS September 29, No registration fee refunds will be granted for cancellations received after October 2, In order to receive a refund (less $75 administrative fee), the EBA must receive your written notice of cancellation by October 2, Registrants who are unable to attend may send a substitute for the entire program. Substitutions may be made at any time including on-site registration (non-members substituting for members will be charged the difference between member and nonmember fees). EBA regrets that refunds will not be given for no-shows. Send cancellation request in writing to: EBA, 2000 M Street, NW, Suite 715, Washington, DC 20036, or by to Marlo Brown Carpenter at marlo@ eba-net.org. Please note that regardless of the date the cancellation notice is received, no refunds will be processed until after the program. HOTEL ACCOMMODATIONS: EBA has secured a block of sleeping rooms at two hotels, $329 per night: Renaissance Downtown Hotel at the rate of $329 single/double occupancy. The room block cut-off is September 20, To make your reservation, follow this link or call (202) Washington Marriott at Metro Center,775 12th Street NW, Washington, DC. The room block cut-off is September 20, To make your reservation follow this link: _medium= &utm_campaign= or call PARKING & TRANSPORTATION: Information about daily parking rates and metro transit information are available here: CONTINUING LEGAL EDUCATION (CLE) CREDIT: Pending approval for hours of MCLE credit, and an additional hours of ethics credit. EBA has applied to the following states for MCLE and ethics, when appropriate: AL, AR, FL, GA, IA, IL, IN, KS, LA, MN, MO, OH, OK, TX, VA, WA, WI. 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 eba-cle@ebanet.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. To learn more, please contact EBA, (202) or by at mary@eba-net.org. PHOTOGRAPHS: By registering for this conference, you authorize the EBA 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 website. EBA HARDSHIP POLICY: EBA offers eligible student, government, and academic members discounts on the rates for most EBA programs which carry CLE credits, including EBA s Annual and Mid-Year meetings. EBA will, on a case-bycase basis, consider requests from members to attend EBA programs at discounted rates. Discount requests must be made to EBA s office at least fifteen days prior to the close of regular registration for the program in question. Requests will be considered by EBA if timely and complete. Discount requests must demonstrate a substantial financial hardship. Please submit your request to llevine@eba-net.org. Since 1946, the Energy Bar Association (EBA) has strived to promote the professional excellence and ethical integrity of its members in the practice, administration, and development of energy laws, regulations and policies. The EBA provides our 2,500+ members with outstanding educational and networking opportunities that allows members to hear and interact with experts in the energy field, and with regulatory and legislative policy makers on issues affecting businesses and clients. The EBA is focused on providing our members with tools and resources to assist in the practice of energy law. EBA values its established community and welcomes attorneys, energy professionals, and law students to join the EBA ranks. Members are encouraged to become active participants in the Association s National and Chapter activities.

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