Energy Law 101

June 13, 2024 | Online :: Central Time

0624-energy-law-101

As energy and, more recently, decarbonization have become increasingly important over the last decade, there is a growing need for professionals to understand energy law.  Energy touches almost every job and profession, and the size of the energy sector is becoming ever larger.  From traditional energy sources such as fossil fuels, to nuclear power and renewable energy, there is a great need to understand the basis for energy law, work within the frameworks created by that law, and be able to assist in planning the energy sources and policies for the future.  

This course will help you to become successful in the field, whether you are working with a traditional energy producer on carbon capture and storage or other projects; buying renewable energy for a corporation or government entity; working in an energy efficiency or renewable energy startup; or assisting those in the sector as an attorney, consultant, engineer or other professional, among other roles.

Join us for this interactive course that will provide a basis to understand energy law, its origins, how to spot issues and utilize this knowledge in your daily work in energy and related fields.

Learning Outcomes

• Review energy law fundamentals, in order to enhance legal and compliance strategies
• Develop insights into navigating complex regulatory frameworks, including at the federal (FERC etc.), state and local levels
• Acquire practical knowledge regarding energy contracts and likely pitfalls, improving deal-making skills and risk management practices
• Explore the relationship between transmission and distribution legal requirements, and how to leverage each to benefit your projects and future planning
• Compare and contrast the differences between state and local energy and energy efficiency rulemaking and regulations
• Explore the concept of decarbonization while working within existing and developing legal principles in the energy and environmental sectors
• Recognize the chief efforts underway at the present time to modernize rules and regulations regarding energy production, use and delivery, including upgrades to the electrical grid and the rise of electric vehicles in the transportation sector

Thursday, June 13, 2024 : Central Time

9:00 – 9:05 a.m. :: Overview and Instructions

Introduction to Energy Law

• Energy usage in the United States
• Energy by sector
  • Industrial
  • Commercial
  • Residential
  • Transportation
  • Electric generation
• Sources of energy
  • Fossil fuels
  • Renewable
  • Hydropower
  • Nuclear
• How the regulatory structure affects the energy sector, from local, state and federal control, and oversight at each level
• Energy infrastructure, including pipelines, transmission lines and power plants, and legal considerations in their development and operation
• Review of the historical evolution of energy law in the United States, including key milestones and developments
• Emerging legal issues and challenges, such as:
  • Climate change
  • Distributed energy resources
  • Cybersecurity threats
  • Transition to a low-carbon economy
  • How these fit into traditional energy law

Administrative Law, Rates and Energy-Related Legal Documents

• Some of the most often encountered legal documents in energy, including:
  • Power purchase agreements
  • Fuel purchases
  • Leases
  • Administrative filings
  • Environmental assessments
• How rates are set for end users, and the law of natural monopolies
• Key court cases including Chevron U.S.A vs. NRDC, and rulemaking under the federal Administrative Procedure Act (APA)
• The role of government agencies at the state and federal level

Traditional Energy Law: Coal, Oil & Gas

• Ownership, capture and correlative rights (VirTex v. Bauerle)
• What is pooling and unitization?
• What are common terms in extractive leases?
• State law vs. federal law, including the role of the BLM and DOI
• How does the Mineral Leasing Act function?
• Regulation and deregulation in the natural gas industry (Natural Gas Act)
• The jurisdiction of FERC and FERC Orders 436, 500 and 636
• Pipeline oversight and regulation
• Federal management of offshore leases and environmental concerns
• The Clean Air Act and West Virginia v. EPA
• Hydraulic fracturing (fracking) and the Halliburton Doctrine
• Carbon intensity and accounting, along with carbon capture and storage (CCS)

Electric Transmission and Distribution

• State law authority over the distribution grid
• Distribution grid regulation by public service commissions and local public utilities
• Federal jurisdiction and the role of FERC (prior Federal Power Commission) in interstate transmission
• Just and reasonable rates for wholesale electric power sales
• Interstate commerce and transmission rate regulation
• PURPA and “Qualifying Facilities”
• Reliability standards and the NERC/FERC rules (EPAct 2005)
• What is the role of the ISOs and RTOs?
• Distribution upgrade costs and electric vehicles/electrification
• What form do interconnection agreements take at the local level?
• Transmission queue law and practice
• Typical elements of a transmission service agreement, including ancillary services and curtailment

Renewable Energy Law

• Overview of the renewable energy landscape and regulation
• Key terms of power purchase agreements
• Take or pay terms and compliance cost caps
• Special considerations in solar, wind, geothermal, biomass and other plants
• Feed-in tariffs
• FERC licensing of hydroelectric power plants
• Renewable energy tax credits and incentives
• Environmental permitting and compliance – species, acreage and neighbors
• What are the recent developments in offshore wind permitting in the USA?
• How do energy storage mechanisms such as batteries and hydrogen fit with renewable energy?

Nuclear Power Law and Regulation

• Current nuclear operating fleet (93 plants)
• Atomic Energy Acts of 1946 and 1954
• Atomic Energy Commission and the Nuclear Regulatory Commission (1974)
• How are nuclear plants licensed? (Vermont Yankee Nuclear Power Corp. vs. NRDC, EPAct 2005)
• Laws regarding radiation safety (operation and public at large)
• Price-Anderson Act and the limitation of liability for operators
• Regulatory framework for storage of nuclear waste (Nuclear Waste Policy Act)
• Uranium mine tailings and environmental rules
• State and Federal responsibilities
• Contractual provisions for nuclear power electric offtakers
• Zero emissions credits
• Decommissioning, abandonment and stranded costs (Jersey Central Power & Light Co. v. FERC)
• The future of nuclear power regulation (Vogtle Unit 3)

Advanced Energy Law Concepts

• Renewable Energy Credits (state law – e.g. Cal. Pub. Util. Code Sec. 399.12(h))
• What is the difference between RECs and carbon offsets?
• Law of demand response and energy efficiency regulations
• Energy storage and distributed energy resources (FERC Order 2222)
• New investments and credits under the Inflation Reduction Act
• Microgrids, virtual power plants and existing utility regulatory frameworks
• Course recap and discussion of further topics with participants

Lonnie J. Eldridge, Principal Assistant City Attorney, City of Glendale Water and Power; Special Counsel, Alameda Municipal Power

Mr. Eldridge is a California attorney specializing in renewable energy and technology. He currently holds the title of Principal Assistant Attorney for Glendale Water and Power in Southern California and is Special Counsel to Alameda Municipal Power in Northern California. Previously, Lonnie worked for LADWP, the nation’s largest municipal utility, where he negotiated power purchase agreements, advised the NERC/FERC reliability program and handled customer data and privacy issues. Lonnie also was the chief legal negotiator for a $100M Smart Grid demonstration project involving LADWP, NASA, JPL and the US Department of Energy, along with UCLA and USC. He further serves as an advisor to a number of energy startups. Previously, Lonnie  managed government law offices, served as in-house counsel for a software venture, and began his legal career at Lathan & Watkins in San Diego. Lonnie graduated from Stanford University with a degree in computer science and holds a JD from UCLA Law School. He is based in San Diego, California with his family including two small children.

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

• Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
• You will receive a separate email with a unique link to a personalized landing page which will include links to join all sessions of this event.
• If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
• The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all attendees for 7 days after the event

REGISTER NOW FOR THIS EVENT:

Energy Law 101

June 13, 2024 | Online

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before May 10, 2024 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

Credits

EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

EUCI is authorized by IACET to offer 0.7 CEUs for this event

Requirements for Successful Completion of Program

Participants must log on and be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

Power Point presentations, open discussion and Q&A

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Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 8.5
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group Internet Based
Advanced Preparation: None

EUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org

 

Who Should Attend

• General counsels, attorneys and law firms advising energy organizations, utilities, third-party providers and energy startups
• Utility professionals in engineering, procurement or construction of energy projects
• Vendors, contractors, regulators and others who interact with energy related companies, exploration and production enterprises, transmission providers, energy efficiency or renewable energy firms
• Corporate executives and decision-makers, including leaders of energy companies or corporations with energy-intensive operations
• Environmental scientists and engineers within the energy sector who would benefit from understanding legal frameworks and compliance requirements
• Investors and financial analysts working on energy projects or investments, including private equity and venture capital
• Nonprofit and advocacy organization executives focused on energy issues