EBA Insights
Jun. 4, 2014

EBA Members — Is Your Contact Info Up-to-date?
In preparation for the printing of the 2014-2015 EBA Membership Directory, EBA wants to ensure you are listed correctly in the Directory. Please take a few minutes to go online and review your member data, make address corrections and fill in missing information where applicable. The member data in your online profile is the data that will appear in the printed 2014-2015 EBA Membership Directory and is viewable by thousands of members throughout the year. To review and update your member data; and 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. Also, while in this section, please take time to update your contact information and Energy Field(s) of practice to reflect the area you practice. The field of practice(s) is just one way people search for you....don't be left out – indicate your fields of practice today!More

Case Summary of Electric Power Supply Association v. FERC Available online
Part of the mission of the EBA Judicial Review Committee is to provide the membership with timely case summaries. In a 2-1 decision (Judge Edwards dissenting) on May 23, 2014, the United States Court of Appeals for the District of Columbia vacated a Federal Energy Regulatory Commission (FERC) rule that compensated demand response providers who participate in the day-ahead and real time energy markets at the same locational marginal price as generators clearing in those markets. The Court found that FERC had exceeded its statutory authority by issuing the rule. Additionally, the Court found that even if FERC had the statutory authority to issue the rule, the rule was nonetheless arbitrary and capacious as it would result in unjust and unreasonable rates. Read more about this case and others through the EBA website "Resources" section.More

US Energy Information Administration hosts the 2014 Energy Conference
July 14-15

The US Energy Information Administration (EIA) host their annual Energy Conference on July 14-15 at the JW Marriott, Washington, DC. This year's keynote speakers include: Eric Slifka, CEO & President of Global Partners LP; Fred Upton, Chairman of the House Energy and Commerce Committee; Maria van der Hoeven, Executive Director of the International Energy Agency; and Daniel Yergin, Pulitzer Prize-winning author and Vice Chairman of IHS.More

EBA Natural Gas Primer Program now available in On Demand
EBA Gas Primer: An Introduction to FERC Regulation of the Natural Gas Industry program was presented and recorded on May 19-20, 2014. The audio recording and handouts are now available to purchase. The goal of this primer is to provide an overview of the federal regulation of the natural gas industry by the Federal Energy Regulatory Commission. Taught by industry practitioners and regulators from FERC, the course begins with a brief overview of the natural gas industry, including the production, gathering, transportation, distribution, and storage of natural gas. The course describes key statutes governing and affecting the interstate transportation of natural gas and discusses key legal milestones. Instructors explain important regulatory concepts, pipeline services, and the scope and limits of FERC jurisdiction. The class covers key sections of the NGA, including imports and exports under Section 3; construction and abandonment under section 7; ratemaking under sections 4 and 5; and enforcement issues.

Read more about the Gas Primer at: http://eba-net.org/eba-gas-primer-introduction-ferc-regulation-natural-gas-industry The growing library of On-Demand Programs is available at: http://www.eba-net.org/education/on-demand-programs.More

EBA Northeast Chapter Annual Conference — Next Week!
You are encouraged to attend EBA's Northeast Chapter Annual Meeting on June 12, 2014. The full day program includes sessions on: Resilient Infrastructure State Initiatives; RTOs/ISOs Perspectives on Order No. 1000; Restructuring Markets Outside of the US and Exporting Liquefied Natural Gas ("LNG") Export. Keynote address by Elizabeth Moore, General Counsel for Consolidated Edison. The meeting will conclude with a networking reception.More

Rocky Mountain Chapter of EBA Holds its Annual Meeting — June 20th
The Rocky Mountain Chapter will hold its Second Annual Meeting, taking place June 20, 2014, at Xcel Energy in Denver, CO. This half-day program begins with a networking lunch and is followed by two afternoon educational panels: Rocky Mountain State Policy Panel and Current Federal Regulatory Challenges Affecting the Energy Industry of Particular Interest in the Rocky Mountain Region. In addition, the program will include the Chapter’s Annual Business Meeting and Election of Officers and end with a hosted cocktail networking reception. Full program information to date can be found below.More

EBA hosts the Sixth Annual YLC Summer Intern Reception
Date: Tuesday, June 24, 2014
Location: City Tap House, 901 9th Street, NW, Washington, DC 20001

On Tuesday, June 24th, please join the Young Lawyers Committee (YLC) of EBA for its Sixth Annual Summer Intern Reception at City Tap House, 901 9th Street, NW, Washington, DC. Young lawyers and seasoned practitioners alike are invited to join in welcoming summer interns to the practice of energy law and the energy bar. The event will be held from 6:00-9:00 p.m. Limited space is available, so please be sure to register by June 17, 2014. Any registrations received after June 17, 2014, will be accommodated based on space availability. The Young Lawyers Committee also offers the opportunity for sponsorship of this event - Premium Sponsor level for $500 with benefits including four tickets and Sponsor level for $250 with benefits including two tickets. Sponsorships help the Young Lawyers Committee keep regular ticket prices for this and future events to a minimum. If your firm, company, or organization is interested in sponsorship, please contact Young Lawyers Committee Chair Delia D. Patterson at 202-467-2993 or dpatterson@publicpower.org.More

CFEBA Gala Committee Needs Awesome Volunteers
Enjoy yourself at the 2013 CFEBA Gala? Of course you did... What is there not to love about an open bar, live jazz and exciting silent auction, especially when it is all in support of the CFEBA? Perhaps you have the desire to help make the Gala even more fabulous than it already is. If so, please email Michele Duehring, at michele@eba-net.org and join new Gala Chair Holly Rachel Smith and the Gala Committee in their efforts to make the 2014 Gala an even greater success!More

EPA unveils far-reaching climate plan targeting power plants
Los Angeles Times
The Obama administration recently unveiled its far-reaching proposal to curb climate change by substantially restricting emissions at power plants, a plan that promises to set off intense debate across the country amid the president's boldest action yet to reshape the energy landscape.More

CFTC Acting Chair Wetjen gives progress report
Futures Magazine
Despite the Commission having only two commissioners for most of this year, it has been a busy and productive time at the Commission as it continues to oversee implementation of Dodd-Frank. In a little less than five months, the Commission and its staff have taken nearly 100 actions. The focus of these actions has been largely on implementing the Commission's trading mandate, addressing market structure issues related to risk controls and FCM risk management, coordinating with domestic and international regulators on cross-border policies and information sharing, and making adjustments to rules that especially impacted end-users.More

California state Senate approves local energy bill
The Desert Sun
The state Senate recently endorsed a locally authored plan that would boost California's geothermal energy production. Senate Bill 1139 would require that energy retail sellers and local publicly owned electric utilities have more geothermal energy in their renewable energy portfolios. The legislation will now be considered by the state Assembly. If approved, utilities, by 2024, would need to procure 500 megawatts of electricity from new base-load geothermal power plants.More

Latest rankings of US electric power companies
Commodoties Now
Platts, a leading global energy, petrochemicals, metals and agriculture information provider, has issued its latest analysis and compilation of wholesale electricity sales by more than 500 entities in North America. The rankings appear in Megawatt Daily, Platts' flagship North American electricity publication, and include each company's market share and additional information on power sales. Exelon Generation and Shell Energy North America are ranked first and second, respectively, based on the most recent data filed with the Federal Energy Regulatory Commission, which reflects sales in the third quarter of 2013.More