Law Seminars International Presents:

The 23nd Annual Conference on

Buying & Selling Electric Power in the West

The premiere annual update on legal, regulatory and business developments for energy professionals

January 22 & 23, 2018

Seattle, WA
(or anyplace you may be via webcast!)

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Program Overview

Who Should Order

Attorneys, industry executives, government officials, customer representatives and anyone else involved with electric energy issues in the Pacific Northwest

Why You Should Order

The new administration is moving forward with an entirely new set of energy priorities, including efforts to save coal fired generation and increase grid "resiliency". But those priorities must contend with increased renewable penetration, expansion of the organized California electric market, natural disasters, and the ever changing economics of the regional fuel mix, all of which make these interesting times in electricity markets. At our 23rd annual Buying & Selling Electric Power in the West conference, we will explore these factors affecting the Western electric industry.

You will hear from commissioners at the state level, executives of the region's utilities, and leading electric industry practitioners, at our two-day conference. You will hear their views about the new direction offered by the Department of Energy and FERC, about responses at the state and regional level, as well as what is actually happening and planned in western power markets and utility operations.

The attorneys, executives, regulators, and industry leaders at our conference are on the front lines of the ongoing battles in the power business. They will bring you up to speed on the legal, economic, and policy issues that matter to you.

We have a truly great group of speakers. Hope to see you there.

~ Stan Berman, Esq. of Sidley Austin LLP and Slade Gorton, Esq. of K&L Gates LLP and Lisa F. Rackner, Esq. of McDowell Rackner & Gibson PC, Program Co-Chairs

What You Will Learn

  • ~ Annual federal legislative, FERC, and litigation updates
  • ~ Implications of DOE's NOPR re cost recovery for coal and nuclear baseload generation
  • ~ Implications of PURPA reform efforts at the state and federal levels
  • ~ Impact of state climate change policies on western electric markets
  • ~ Short and long term implications of negative prices from excess wind and solar
  • ~ Dealmaking trends for alternatives to traditional generation
  • ~ Rationalization and modernization efforts for electric markets, operations, and regulatory policy
  • ~ Resulting policy priorities at the state regulatory agencies
  • ~ Bonneville's resulting resource and infrastructure plans for the region
  • ~ Cybersecurity risks and how they factor into resource decisions
  • ~ Wrap up discussion of stakeholder perspectives on current major ratemaking and regulatory policy issues

What Attendees Said

  • "Great conversations - a good mix of basic information and more advanced energy issues"
  • "The active participation of attendees makes for a more interesting conference"
  • "Commissioner's panel was outstanding, a good mix of insight, candor, and humor."
  • "The networking opportunities were very good."
  • "Based on this program, I've decided to pursue the Master of Energy Law program at the University of Vermont."

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Stan Berman, Esq. , Program Co-Chair
Sidley Austin LLP / Seattle, WA

Kirk H. Gibson, Esq. , Program Co-Chair
McDowell Rackner & Gibson PC / Portland, OR

8:45 am

Federal Legislative Update

Key commitee players; impact of changes in budgetary priorities; pending bills and likely outcomes during 2018

The Hon. Slade Gorton, Esq. , Program Co-Chair
K&L Gates LLP / Seattle, WA

9:00 am

DOE's Policy Initiative to Return to Rate Base Style Cost Recovery for Coal and Nuclear Baseload Generation

Provisions of DOE's NOPR, the resulting FERC rules, legal challengers, and practical implications

Stan Berman, Esq. , Program Co-Chair
Sidley Austin LLP / Seattle, WA

9:45 am

Federal Litigation Update

Pending and recent cases with the greatest impact on energy policy and markets in the west

Jason T. Kuzma, Esq.
Perkins Coie LLP / Bellevue, WA

10:30 am


10:45 am

Moving Beyond Traditional Generation

A dealmaking perspective on commercializing and financing distributed clean energy technology, including energy storage, smart grid, and energy efficiency technologies: The pressure points particularly sensitive to regulatory policy

David P. Hattery, Esq.
K&L Gates LLP / Seattle, WA

11:15 am

PURPA Reform

How PURPA issues have been percolating at the state level; status report on proposals for federal statutory revisions including the mandatory purchase provision, one mile rule, and avoided cost calculations

Todd G. Glass, Esq.
Wilson Sonsini Goodrich & Rosati / Seattle, WA

Kirk H. Gibson, Esq. , Program Co-Chair
McDowell Rackner & Gibson PC / Portland, OR

12:15 pm

Lunch (on your own)

1:30 pm

Climate Change & Energy: State Policy Developments and Implementation Progress in the West

California: Statutory foundation, including new 2017 legislation; administrative initiatives at CARB and the PUC; areas of conflict with federal policies and state strategies for addressing them

Kevin Poloncarz, Esq.
Paul Hastings LLP / San Francisco, CA

Oregon: Oregon's Clean Electricity and Coal Transition Plan: Key provisions and progress towards implementation

Brendan J. McCarthy, Esq. , State Affairs Specialist
Portland General Electric / Portland, OR

Washington: New legislative developments

Nicolas Garcia , Policy Director
Washington PUD Association / Olympia, WA

3:30 pm


3:45 pm

Market Design: Implications of Excess Wind and Solar and Resulting Negative Prices for West Coast Electricity Markets

Implications of major changes in West Coast markets, including solar over-generation in California, operational challenges in meeting CAISO's evening ramp, and potential role of PNW hydro, storage and other technologies for addressing these issues

Randall W. Hardy , Principal and Founder
Hardy Energy Consulting / Seattle, WA

An economic perspective on the long term implications of negative pricing

Michael Hagerty
The Brattle Group Inc / Cambridge, MA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by McDowell Rackner & Gibson PC and Sidley Austin LLP

Tuesday, January 23, 2018

8:30 am

Rationalization and Modernization of Electric Markets, Operations, and Regulatory Policy in the Pacific Northwest

Michael P. Goetz, Esq. , Regulatory Staff Attorney
Citizens' Utility Board of Oregon / Portland, OR

Oregon as a case study: Oregon's new law, modeled after New York, calling on the PUC to investigate the extent to which developing industry trends and technologies call for regulatory and policy changes; relationship to the Clean Power Plan

William H. Holmes, Esq.
K&L Gates LLP / Portland, OR

Scott D. Bolton , Sr. VP, External Affairs and Customer Solutions
Pacific Power / Portland, OR

10:00 am


10:15 am

Energy Policy Priorities at the State Agencies

Washington perspective on key issues

The Hon. Ann E. Rendahl, Esq. , Commissioner
Washington Utilities & Transportation Commission / Olympia, WA


The Hon. Megan Decker, Esq. , Commissioner
Oregon Public Utility Commission / Salem, OR


The Hon. Paul Kjellander , Commission President
Idaho Public Utilities Commission / Boise, ID

12:00 pm

Lunch (on your own)

1:15 pm

Special Operational Address: Bonneville's Resource and Infrastructure Plans

Impact of policy and institutional changes at the federal level; plans for adapting operations to respond to policy changes at the state level and the resulting changes in market dynamics

Jeffrey W. Cook , VP, Transmission Planning and Asset Management
Bonneville Power Administration / Vancouver, WA

2:00 pm

Grid Reliability & Security

Cybersecurity: Preparing for persistent attacks from foreign governments; the Internet of Things and how it plays as an additional risk factor

Kevin J. Murphy, Esq. , VP, Cyber Operations
IOActive / Seattle, WA

Bryan Singer, CISSP, CAP , Director of Industrial Security Services
IOActive / Montevallo, AL

3:00 pm


3:15 pm

State Regulation and Ratemaking: Current Major Issues

Recovery of costs related to early closing of coal plants: Whether and to what extent a utility may recover from ratepayers unanticipated closure or remediation costs

Jeffrey D. Goltz, Esq.
Cascadia Law Group / Olympia, WA

Fairness issues in cost allocations among customer classes and the need to address basic monthly cost issues for low income consumers

Simon J. ffitch, Esq.
Simon J. ffitch, Attorney at Law / Bainbridge Island, WA

Public power: Current ratemaking and cost recovery issues for unregulated utilities

Thomas M. Grim, Esq.
Cable Huston LLP / Portland, OR

5:00 pm

Evaluations and Adjourn

Faculty Bios

Stan Berman, Stan Berman, Program Co-Chair, partner, Sidley Austin LLP, represents electric utilities and other industry participants in complex high-stakes litigation and appeals. He is recognized as one of the nation's top energy litigators in Chambers USA, Chambers Global and America's Leading Lawyers for Business. Previously he was the Assistant General Counsel in charge of the Office of Hydroelectric and Electric Litigation at the FERC.

Kirk H. Gibson, Kirk H. Gibson, Program Co-Chair, is a partner at McDowell Rackner & Gibson PC. He has been involved in all facets of utility business operations and the development of generation facilities for utilities and independent power producers throughout the West and Alaska.

The Hon. Slade Gorton, The Hon. Slade Gorton, Program Co-Chair, is of counsel at K&L Gates LLP. He joined the firm after spending 18 years representing Washington State in the United States Senate where his committee assignments included Energy and Natural Resources.

Scott D. Bolton Scott D. Bolton is Senior Vice President, External Affairs and Customer Solutions at Pacific Power. He has broad experience in government and public affairs and for five years was a congressional aide to US Senator Ron Wyden.

Jeffrey W. Cook Jeffrey W. Cook is Vice President of Transmission Planning and Asset Management at the Bonneville Power Administration. He oversees the transmission system asset management program to promote the reliability, efficiency and economical use of all transmission-related physical assets.

The Hon. Megan Decker, The Hon. Megan Decker, Commissioner, Oregon Public Utility Commission. She previously managed utility commission advocacy in Oregon, Washington, Idaho and Montana as counsel for Renewable Northwest. She also served as Board Chair of the NW Energy Coalition.

Simon J. ffitch Simon J. ffitch entered private practice after serving as Division Chief for the Public Counsel Division in the Washington State Attorney General's Office He also served as the Consumer Advocate Member of the Federal-State Joint Board on Universal Service, an Advisory Committee to the Federal Communications Commission.

Nicolas Garcia Nicolas Garcia is the new Policy Director at the Washington PUD Association. He comes to WPUDA from Tacoma Power where he served as the Assistant Power Section Manager of the Energy Resource Planning and Evaluation unit.

Todd G. Glass, Todd G. Glass, partner at Wilson Sonsini Goodrich & Rosati, leads a market-leading energy and infrastructure practice focused on the representation of energy companies, project developers, and investors in North America, Asia and Europe.

Michael P. Goetz Michael P. Goetz is Regulatory Staff Attorney at Citizen' Utility Board of Oregon. Prior to joining CUB, he worked with a Portland-based environmental attorney and also as an associate attorney at a plaintiff's side civil litigation firm.

Jeffrey D. Goltz Jeffrey D. Goltz is of counsel at Cascadia Law Group PLLC, where he focuses on energy, telecommunications and state and regulatory matters. Previously he chaired the Washington Utilities and Transportation Commission.

Thomas M. Grim Thomas M. Grim is a partner at Cable Huston LLP. He has extensive experience in all areas of energy and utility law and has represented clients in some of the most significant commercial transactions undertaken by consumer-owned electric utilities in the Pacific Northwest.

Michael Hagerty, Michael Hagerty, The Brattle Group Inc., is one of the lead analysts for climate policy and renewables in the West. His work centers on modeling the future of California's cap and trade program and RPS, analyzing transmission projects, and coal retirements.

Randall W. Hardy, Principal and Founder of Hardy Energy Consulting, was Administrator of Bonneville Power Administration and Superintendent of Seattle City Light. He now provides strategic advice on electric power and transmission issues in the West.

David P. Hattery, David P. Hattery, partner at K&L Gates LLP, focuses his practice on representing clients in the construction industry including thermal power plants and renewable energy facilities projects throughout the Pacific Northwest, across the US, and around the world.

William H. Holmes, William H. Holmes, partner in K&L Gates LLP's Portland office, focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on wind energy, solar energy, hydroelectric power, geothermal, biomass, natural gas, carbon offsets, and energy storage.

The Hon. Paul Kjellander The Hon. Paul Kjellander is the Commission President of the Idaho Public Utilities Commission. He formerly served as Idaho's administrator of the Office of Energy Resources.

Jason T. Kuzma, Jason T. Kuzma, partner in the Environment, Energy & Resources practice at Perkins Coie LLP, has acted as counsel to major utilities. telecommunications companies, investment banks, renewable energy developers, independent power producers, and large customers of electricity.

Brendan J. McCarthy Brendan J. McCarthy works in state government affairs at Portland General Electric. He has played a major part in the development, adoption and revisions of the Oregon Renewable Energy Standard.

Kevin J. Murphy Kevin J. Murphy is Vice President of Cyber Operations and is responsible for the quality of IOActive's global customer experience. He also oversees IOActive Labs for producing industry-leading security vulnerability research on silicon, embedded systems, SCADA, networks, and applications for the benefit of customers.

Kevin Poloncarz, Kevin Poloncarz, partner in the Environment and Energy Practice of Paul Hastings LLP, represents energy clients in regulatory, litigation, legislative and transactional matters involving air quality, climate change and clean energy.

The Hon. Ann E. Rendahl The Hon. Ann E. Rendahl is Commissioner, Washington Utilities & Transportation Commission. She previously was the Director of Policy and Legislation for the WUTC.

Bryan Singer, CISSP, CAP Bryan Singer, CISSP, CAP is the Director of Industrial Security Services for IOActive. He is the founding chairman of ISA/IEC 62443 (ISA-99), and a frequent speaker, trainer, and author on cyber security.

Continuing Education Credits

Live credits: This program qualifies for 13.25 Washington MCLE credits. We have applications pending for Idaho and Oregon MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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Video Replays allow you to time-shift your content. The Vodcast has navigation tools and search capabilities that allow you to quickly find the portions most important to you. It allows you to plug a flashdrive into your laptop and make effective use of in-flight plane time.

Audio Podcasts are perfect for making more effective use of the time you spend commuting.


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