Learn about legal issues surrounding transmission lines in federal, state, local waters; U.S. Jones Act application to offshore wind farms, and the role of the federal regulators; and Coast Guard and Customs and Border Protection responsible for ensuring compliance with these laws.
Joshua M. Kaplowitz, U.S. Department of the Interior | Office of the Solicitor | Division of Mineral Resources | Branch of Offshore Resources
Tuesday, May 7, 2019
NATURAL DISASTERS AND UTILITY INFRASTRUCTURE: REGULATIONS, TECHNOLOGIES, AND POLICIES THAT PROMOTE SYSTEM RESILIENCY AND DISASTER RECOVERY WITHOUT BREAKING THE BANK
Fires, floods, tornadoes, hurricanes, earthquakes, and snowstorms take a toll on life, property, and utility infrastructure. Faced with demands for business continuity and a return to normalcy, utilities are being challenged to meet higher expectations for system resiliency and recovery while also ensuring just and reasonable rates. This session will discuss NERC requirements that must be met, as well as cost-effective policies, engineering practices, and new technologies available to address natural disasters and improve system efficiencies while also making the most of ratepayer dollars.
Moderator: Floyd Self, Partner, Berger Singerman
Shannon Pierce, VP Operations, Nicor Gas
Jenny Erwin, Business Development Manager, Smart Wires
Kodwo Ghartey-Tagoe, State President in South Carolina, Duke Energy
Fritz Hirst, Director of Legislative and Regulatory Affairs, NERC
SESSION A: INNOVATION IN FERC HEARING PROCESSES
Hearings are impractical anytime the amount in controversy is less than the cost of litigation. This panel discusses an innovative hearing format that would address this problem by suggesting an example of a “minitrial,” mentioned in Rule 604; and amending Rule 218 to provide similar structure for complaint cases with $1M or less at issue.
The panel also explains the mechanics of a two-party auction, for use in settlement proceedings. The auction may be used to settle any dispute that can be quantified, e.g., rate or reactive power cases.
Moderator: The Honorable John P. Dring, Administrative Law Judge, FERC
Jeffrey Jakubiak,Partner, Gibson, Dunn & Crutcher LLP
Steve Pearson, Partner, Spiegel & McDiarmid LLP
SESSION B: PIPELINE SECURITY
Natural gas pipelines collaborate with the U.S. Department of Homeland Security’s Transportation Security Administration (“TSA”) and the U.S. Department of Transportation (“DOT”) on cybersecurity risks and potential cyberattacks pursuant to DOT’s 2002 Pipeline Security Information Circular and TSA’s 2018 revised Pipeline Security Guidelines, adopting the National Institute of Standards and Technology (“NIST”) Framework for Improving Critical Infrastructure Cybersecurity. These guidelines are voluntary, leading some asking Congress to enact mandatory standards given the growth in cybersecurity threats. A panel of experts will discuss the legal landscape for natural gas pipelines and how cyber threats are changing the way they do business.
Moderator: Rebecca Gagliostro Director of Security, Reliability and Resilience INGAA
Paul Davis, VP for IT Cybersecurity and Telecommunications, Kinder Morgan, Inc.
Dr. Paul N. Stockton, Managing Director, Sonecon, LLC
Ron Keen, Senior Energy Advisor, National Risk Management Center, Cybersecurity and Infrastructure Security Agency,
U.S. Department of Homeland Security
LUNCHEON - Annual Meeting and Luncheon Speaker:
The Honorable Cheryl A LaFleur, Federal Energy Regulatory Commission
SESSION A: ELECTRIC TRANSMISSION INVESTMENT AND ORDER 890
Roughly half of all electric transmission capital expenditures in CAISO, MISO, and PJM are for repair or replacement of existing facilities. Today, this work receives varying levels of third-party review through state and RTO/ISO processes. Incumbent transmission owners determine the manner and timing for replacement of aging transmission infrastructure. Panel members will discuss the implementation of recent FERC orders on these issues and whether existing oversight of transmission investment is sufficiently transparent to ensure cost effective solutions, grid safety and reliability, the promotion of competition, and the deployment of grid modernization technologies.
Moderator: Aspassia Staevska, Assistant Counsel, Law Bureau Pennsylvania Public Utility Commission
Lisa McAlister, Sr. Vice President and General Counsel, American Municipal Power (AMP)
Katharine (Katie) Mapes, Partner, Spiegel & McDiarmid, LLP
Judy Chang, Principal, The Brattle Group
Gary Guy, Assistant General Counsel, Exelon Corporation
SESSION B: STAKEHOLDER INVOLVEMENT IN PIPELINE INFRASTRUCTURE DEVELOPMENT – BEST PRACTICES
Gas and oil pipeline infrastructure projects have become increasingly controversial, although some projects seem to proceed more smoothly than others. Are there best practices for stakeholder involvement that can make a difference and result in a win/win for all or are there inevitable conflicts between pipeline infrastructure development, climate and other environmental impacts, environmental justice and other local landowner issues? This panel will explore these issues from the perspective of pipelines, stakeholders, and regulators.
Moderator and Speaker: David Hanobic Outreach Coordinator, Office of Energy Projects FERC
Susan Waller, V.P. Stakeholder Engagement & Enterprise Public Awareness Programs,Enbridge
Phillip Musegaas, V.P Programs and Litigation, Potomac Riverkeeper Network
Carolyn Elefant, Law Offices of Carolyn Elefant
CLOSING GENERAL SESSION: ELECTRIFICATION: THE WAVE OF THE FUTURE OR A POLICY CHOICE?
Broadly, electrification is the shift to electricity at the point of consumption. New and improving technologies (e.g., EVs; storage and data farms; more industrial uses); the move to renewables; rising levels of distributed energy; and real customer preferences (e.g., on line shopping) are driving increasing electrification across the US. All this makes us even more reliant on secure supplies of power. If electrification is inexorable, then what are the impacts and possible risks for customers, companies, and policymakers to take into account? How or should regulators and legislators attempt to guide this transition in the market, and if so, how?
Moderator: Norman C. Bay, Partner, Willkie Farr & Gallagher, LLP
Odogwu Obi Linton, Commissioner, Maryland Public Service Commission
Sheri Givens Vice President, US Regulatory and Customer Strategy National Grid
Jurgen Weiss, Principal, The Brattle Group
Elin Katz, President, National Association of State Utility Consumer Advocates