EBA Insights
Sep. 24, 2014

Great Sponsorships still available at EBA's 2014 Mid-Year Meeting & Conference

We invite you to consider sponsorship of the Energy Bar Association’s Mid-Year Meeting & Conference on November 4-5, Washington, DC. The Mid-Year Meeting & Conference attracts approximately 450 attendees including attorneys, non-attorney professionals, and students active in all areas of energy law, which include, antitrust, international energy transactions, legislation and regulatory reform, electric utility regulation, alternative dispute resolution, finance and transactions, and environment and public lands, to name just a few, at federal, state, and international levels. This meeting will bring together decision makers on key issues impacting energy law. For information on sponsorship, visit the link below or call Lisa Levine at 202-223-5625.More

Reception to meet FERC Chairman LaFleur
On October 14, 2014 the EBA Electricity Regulation Committee and Natural Gas Regulation Committee invite you to a reception in honor of Chairman Cheryl A. LaFleur, who was recently sworn in to her second term at the Commission and named Chairman. Chairman LaFleur has more than twenty years' experience as a leader in the electric and natural gas industries, including four years at the Commission. This is a great opportunity to "mix and mingle" in an informal setting with the Chairman and fellow EBA members. We hope to see you there! More

Introducing the 2014 Panelists for the EBA Mid-Year Meeting & Conference
The session panelists for the Mid-Year Meeting & Conference has just been posted and the conference brochure can be downloaded at http://www.eba-net.org/sites/default/files/ebaBROCHUREfinal.pdf

The Mid-Year Meeting & Conference includes 17 educational sessions, one ethics program, lots of networking opportunities, CLE credits, and outstanding keynote sessions including one from the newly-appointed FERC Commissioner Norman Bay, Pipeline and Hazardous Material Safety Administration Chief Counsel Vanessa Allen Sutherland, and SNL Energy Reporter Glen Boshart. More

Exelon Wind 1, L.L.C. v. Nelson, No. 12-51228 (5th Cir. Sept. 8, 2014)
On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a district court decision which held that a rule promulgated by the Public Utility Commission of Texas (“PUC”) violated the Federal Energy Regulatory Commission’s regulations regarding establishment of a legally enforceable obligations (“LEO”) by Qualifying Facilities. The Court found that the PUC had properly exercised its discretion when determining when an LEO is established and it had not violated the Public Utilities Regulatory Policies Act of 1978. The Court also vacated the portion of the district court’s decision dealing with the QF’s challenge to a PUC order for lack of subject matter jurisdiction by the federal courts. More


LinkIn to EBA at: https://www.linkedin.com/company/energy-bar-association for news and updates about the Energy Bar Association and the energy industry.More

New NAESB gas nomination schedule to be proposed at FERC
Natural Gas Intelligence
The North American Energy Standards Board has ratified and will file with FERC a revised timeline for natural gas nomination cycles. And at the same time a splinter group of southwestern utilities has put together an alternative proposal, according to a Commission update issued Sept. 18 on gas-electric coordination.More

EPA pushes back deadline for comment on carbon rules
The Huffington Post
The Environmental Protection Agency announced Tuesday afternoon that it is extending the public comment period for its proposed rules on carbon dioxide emissions from power plants, raising questions about whether the agency will be able to meet the June 2015 deadline President Barack Obama set for finalizing the standards. Janet McCabe, EPA's acting assistant administrator for the Office of Air and Radiation, said the agency is extending the comment period by 45 days, until Dec. 1. The previous deadline had been set for Oct. 16. She said the extension comes "because of the strong amount of interest we’ve seen from stakeholders."More

Commentary: Energy boom can fuel big boost in world security
Boston Herald
The ongoing oil and gas boom in the United States since 2008 has led some to herald the dawn of American "energy independence." According to a November 2012 report of the International Energy Agency, the United States is set to overtake Saudi Arabia and Russia to become the world's leading oil producer, having already surpassed Russia as the largest producer of natural gas. The IEA report suggests the United States will be a net exporter of energy by 2017. The causes of this momentous shift in the geopolitics of energy are advances in directional drilling and hydraulic fracturing technologies that have enabled U.S. producers to extract deposits of oil and gas not previously accessible and to do so in an environmentally friendly way.More

NYC Mayor de Blasio announces 2050 energy efficiency plan
New York City Mayor Bill de Blasio has announced a plan for the city to reduce its greenhouse gas emissions 80 percent by 2050, starting with efforts to make the city's buildings more energy efficient. De Blasio unveiled the retrofitting plan Sept. 21, the same day the People's Climate March was taking place in Manhattan.More

Global Arbitration and Alternate Dispute Resolution in Energy Infrastructure
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. More

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, DC. The agenda details and registration information are available online.More

Fracking Revisited — Current and Past Developments
On Tuesday, October 21st, Noon-1:30 pm ET, the EBA Natural Gas Regulation and State Commission Practice and Regulation Committees are planning a popular program — Fracking Revisited — Current and Past Developments that provides attendees with the "fracking 101 basics," a former top state regulator's perspective and analysis of court cases involving fracking issues. Teleconference participation will be available (audio only). For on-site registrants lunch will be provided by Dentons LLP.More

Pre-Conference Reception
EBA Young Lawyers Committee hosts the Mid-Year Meeting & Conference Reception on Monday, November 3, 2014, 6:00–9:00 pm at DC Coast, 1401 K Street, NW, Washington, DC. All are welcomed and encouraged to attend. Start your meeting off with a lively networking reception. $15 EBA Member/$15 Non-members/$0 EBA Student Members.

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

12th Annual CFEBA Silent Auction and Gala
On Tuesday, November 4, 2014 - 5:30pm-8:00pm ET at the Renaissance Hotel 999 Ninth Street, NW, Washington, DC Light Up the Night will be this year’s Silent Auction Gala theme as CFEBA seeks to provide medical solar suitcases, which are manufactured in the United States, to the most needy in the world in an effort to save lives of mothers and children during childbirth across the world, where there is no access to electricity. Due to lack of energy access, globally, an estimated 289,000 women die annually from complications from pregnancy and childbirth. CFEBA is asking all EBA members to help make the event a huge success by contributing items to the Silent Auction, attending the Gala, participating in the Silent Auction and encouraging colleagues to do so as well. To read more and find out how you can help, visit Light Up The Night or contact Gala Committee Chair, Holly Rachel Smith at hsmith@naruc.org or Gala Coordinator, Michele L. Smith (Duehring) at michele@eba-net.org.More

State Commissioners Reception to Benefit CFEBA
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. More