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IN THIS ISSUE...

EBA NEWS

  • New programs in October!
  • Connect with EBA on LinkedIn!


  • INDUSTRY HIGHLIGHTS

  • Utility industry casts doubt on FERC's proposed cyber standards
  • Energy showdown generating controversy at Massachusetts State House
  • What the EPA's Clean Power Plan means for nuclear energy
  • Indiana watchdogs: 'Our fears are coming true' on utilities and efficiency


  • CFEBA NEWS

  • Save the date! CFEBA Kick-Off Reception
  • Make a donation to the EBA Charitable Foundation every time you shop!


  • FELJ NEWS

  • Energy Law Journal: Removing Unconstitutional Barriers to Out-of-State and Foreign Competition from State Renewable Portfolio Standards


  • EBA PROGRAMS AND UPCOMING EVENTS

  • 2015 Midwest Energy Policy Conference
  • EBA Western Chapter 2nd Annual Canadian Program
  • Non-EBA Event: The Basics of Natural Gas
  • Clean Power Plan: Federal and Western Perspectives – A Work In Progress
  • The FERC Audit & Enforcement Process
  • ADR for Energy Disputes: Myths, Realities and a Look into the Future
  • Shaping the Utility of the Future
  • Scaling Renewable Energy: A Perspective from Google
  • Locational Marginal Prices – Foundations and Frontiers
  • FERC Oil/Liquids Pipeline Policy Developments
  • Fundamental Insights on FPA Section 205/206 Filings




  • EBA NEWS


    New programs in October!
    EBA
    We are pleased to bring you three new programs in the month of October. These are just a few of the many events we have planned, so be sure to check our full calendar on our website at www.eba-net.org/calendar.

    Tuesday, Oct. 13th – Clean Power Plan: Federal and Western Perspectives – A Work In Progress
    Free! Wednesday, Oct. 14th – ADR for Energy Disputes: Myths, Realities and a Look into the Future
    Friday, Oct. 16th – Scaling Renewable Energy: A Perspective from Google

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    Connect with EBA on LinkedIn!
    EBA
    For industry news and the latest updates on EBA programs planned for the fall, be sure to follow EBA on LinkedIn. Or, catch up on all EBA news on our website homepage, www.eba-net.org.

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    Missed an issue of EBA Insights? Click here to visit the EBA Insights archive page.


    INDUSTRY HIGHLIGHTS


    Utility industry casts doubt on FERC's proposed cyber standards
    Utility Dive
    The utility industry is pushing back on some proposals made by the Federal Energy Regulatory Commission to address cybersecurity weaknesses, and a coalition of industry groups doubt FERC's authority to make some changes, questioning whether others are necessary.
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    Energy showdown generating controversy at Massachusetts State House
    The Boston Globe
    When Massachusetts lawmakers adjourned in the summer of 2014, they left some unfinished energy business, as the state repeatedly ranks highly among states when it comes to electricity costs.
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    What the EPA's Clean Power Plan means for nuclear energy
    Bulletin of the Atomic Scientists
    For nuclear power, the good news and the bad news in EPA’s final Clean Power Plan are the same: The technology got pretty much what it deserved.
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    Indiana watchdogs: 'Our fears are coming true' on utilities and efficiency
    Midwest Energy News
    More than a year after Indiana lawmakers repealed the state's energy efficiency standard, utilities are scaling back their efforts while — advocates argue — seeking to overcharge ratepayers for their plans.
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    CFEBA NEWS


    Save the date! CFEBA Kick-Off Reception
    EBA
    The Charitable Foundation of the Energy Bar Association (CFEBA) will host a reception the evening of Wednesday, November 18, 2015, from 5:30-8:00 p.m. in conjunction with the 2015 Mid-Year Meeting & Conference. The Paul E. Nordstrom Service Award will be presented at this event. Stay tuned for more updates.
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    Make a donation to the EBA Charitable Foundation every time you shop!
    EBA
    The Charitable Foundation of the Energy Bar Association relies on the support of donors for energy projects that improve lives for people around the world. When you select CFEBA as the charitable organization you would like to support, the AmazonSmile Foundation will automatically donate 0.5% of eligible purchases to CFEBA every time you shop at no cost to you.

    With absolutely no additional cost, it's the easiest way to give back.

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    FELJ NEWS


    Energy Law Journal: Removing Unconstitutional Barriers to Out-of-State and Foreign Competition from State Renewable Portfolio Standards
    FELJ
    Be sure to check out the thought-provoking article in the current issue of the Energy Law Journal entitled "Removing Unconstitutional Barriers to Out-of-State and Foreign Competition from State Renewable Portfolio Standards: Why the Dormant Commerce Clause Provides Important Protection for Consumers and Environmentalists," by Harvey Reiter at Stinson Leonard Street, LLP in Washington, D.C. According to Mr. Reiter, over the last several decades nearly two-thirds of states in the U.S. have enacted "renewable portfolio standards" (RPS) obligating utilities to meet at least a portion of their energy needs with renewable resources. These "buy local" preferences found in three-quarters of state RPS laws are largely believed by commentators to be unconstitutional under the dormant Commerce Clause. But nearly all of these commentators focus on the dormant Commerce Clause as an impediment to state efforts to promote renewable resources–some even urging legislators to "disguise" or "recast" RPS legislation so the in-state preferences might escape detection. Mr. Reiter suggests that this advice is antithetical to the interests of consumers who pay the inflated costs imposed by protectionist legislation. And it is not in the interests of environmentalists who hope to see states make progress in reducing carbon emissions–the core goal of RPS legislation. Mr. Reiter urges states to see the dormant Commerce Clause as a consumer safeguard to be embraced, not as an impediment to be circumvented.

    Since 1980, the Energy Law Journal has provided great value to the Energy Bar Association's members. The Journal provides in-depth analyses on current, salient issues affecting members and their clients and businesses and provides a forum for the exploration and understanding of new, cutting edge issues. The Journal is a benefit to EBA members and subscriptions are available to non-EBA members.

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    EBA PROGRAMS AND UPCOMING EVENTS
    For a full listing of EBA events, go to www.eba-net.org/calendar


    2015 Midwest Energy Policy Conference
    EBA
    Join the EBA and Missouri Energy Initiative in St. Louis on October 6th – 7th for the Midwest Energy Policy Conference. Energy researchers and policy experts will discuss relevant current issues specific to the Midwest, including the Clean Power Plan, Regional Transmission Organizations (RTOs) Seams, energy storage, and biomass. The event will be held on the campus of Washington University. EBA members receive a 20% discount on registration with promo code MEPC2015.
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    EBA Western Chapter 2nd Annual Canadian Program
    EBA
    The Energy Bar Association and its Western Chapter are pleased to bring you a full day panel discussion of key issues concerning international and domestic energy arbitration and regulatory proceedings. The program will be held Friday, October 9th at the Calgary Petroleum Club. Hear from experts, earn CEL credit (US only), and attend networking events in beautiful Banff and Lake Louise, just 90 minutes west of Calgary. Registration is $75.00 for all attendees.
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    Non-EBA Event: The Basics of Natural Gas
    EBA
    The BASICS of Natural Gas Pipeline Ratemaking Course, offered by the New Mexico State University Center for Public Utilities and co-sponsored by the Energy Bar Association will be held October 11th – 15th at the Sheraton Uptown Hotel in Albuquerque, New Mexico. NMSU’s five-day Natural Gas Pipeline Ratemaking Course will provide hands-on, practical FERC rate case training to lawyers, pipeline employees, FERC staff, and other industry professionals who seek a basic understanding or a refresher on the principles of interstate gas pipeline ratemaking.
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      Clean Power Plan: Federal and Western Perspectives – A Work In Progress
    EBA
    The Rocky Mountain Chapter and the Power Generation and Marketing Subcommittee are co-sponsoring an EBA Energizer on the Clean Power Plan on October 13th, 2015. This event will take place at several locations in the Rocky Mountain region and will offer teleconference participation. Attendees may call-in or join one of the hosted EBA Energizer locations. The event will provide an overview of the Clean Power Plan and its current status from a federal, national perspective, and insights into how Rocky Mountain states are analyzing the Plan and beginning to develop state compliance plans.
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    The FERC Audit & Enforcement Process
    EBA
    Please join the Energy Bar Association Young Lawyers Council, FERC Practice Committee and the Compliance and Enforcement Committee for a comprehensive overview of the FERC investigation and audit process on October 13th at 4:00pm. This course will cover how FERC choses companies to audit, how practitioners can prepare their companies for an audit, and how to mitigate compliance risks.
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      ADR for Energy Disputes: Myths, Realities and a Look into the Future
    EBA
    Join the Energy Bar Association on October 14th at the JAMS New York office for a free program in Alternative Dispute Resolution. Eric Van Loon of JAMS, a nationally recognized expert in the resolution of complex energy matters, and a panel of Energy industry experts will provide an analysis and update on the latest uses of ADR within the Energy industry, including the electric, oil & gas, coal and renewables sectors. A networking reception with cocktails and light hors d’oeuvres’ will follow the program.
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    Shaping the Utility of the Future
    EBA
    Join the Northeast Chapter of the Energy Bar Association for this event on Wednesday, October 14th from 2:00 – 4:00 pm. Shaping the utility of the future, the drive for resiliency and efficiency in retail energy markets and the impact on the wholesale market: A review of ongoing northeast proceedings which examine methods for increased utilization of innovative energy technology and infrastructure to create improved system reliability, resiliency and market efficiency. This event will examine ongoing state commission inquiries into how to better deploy technology resources into retail energy markets and how retail efficiencies might impact the larger wholesale market.
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      Scaling Renewable Energy: A Perspective from Google
    EBA
    Save the date! Join us Friday, October 16th from 11:45 a.m. to 1:00 p.m. for this program with speaker Sam Arons of Global Infrastructure at Google, Inc. For the past eight years, Sam has held a variety of roles at Google focused on sustainability and renewable energy. He has led a number of initiatives on the sustainability front, including calculating Google's global carbon footprint and designing a tool used to measure and analyze building energy consumption across Google's corporate real estate fleet. In addition, he has worked with various Google products, including implementing a feature in the Google Finance product to show companies' carbon scores.
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    Locational Marginal Prices – Foundations and Frontiers
    EBA
    The EBA Electricity Committee invites you to attend this EBA Energizer on October 20th from 12:00 pm to 1:30 pm. The event will focus on a review and discussion of the Locational Marginal Prices (LMP) that underpin the electric markets throughout much of the US and Canada, and an analysis of how some States including New York, through its Reforming the Energy Vision initiative are proposing to expand the use of LMP to the distribution system. Attendees will gain an understanding of both the theory and arithmetic underlying LMP, and insight into its evolution.
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    FERC Oil/Liquids Pipeline Policy Developments
    EBA
    The EBA brings you this informative program on Thursday, October 22nd, 2015 from 1:00 to 3:00 pm at the FERC, 888 First Street NW, Washington, DC. Given accelerated oil/liquids production in shale plays across the U.S., it is critical for companies to know whether their movements and facilities fall within FERC's jurisdiction under the ICA. The topics addressed at this workshop will include gathering systems and oil/liquids pipeline regulation, plant facility waivers, and recent developments related to temporary waivers of the tariff and filing requirements under the ICA.
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    Fundamental Insights on FPA Section 205/206 Filings
    EBA
    The Electricity Regulation Committee of the Energy Bar Association presents this one-hour luncheon on the basics of developing and administering filings under Sections 205 and 206 of the Federal Power Act. Lunch will be held from 12:30 to 1:30 on Wednesday, October 28th at the offices of Greenberg Traurig on L Street in Washington, DC. Panelists will discuss the roles of law practitioners in developing and administering filings and present practical considerations and tips.
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