The Gas and Power Institute features timely topics relevant to the gas and power industry in light of the changing landscape of rules, regulation, legislation and environmental requirements. Not only will you enhance your knowledge of DOE and FERC developments, recent and impending state and federal legislative actions, and market rules, this year you'll come away with insight on new market trading rules, shale play with an emphasis on the Marcellus Shale, the Nodal market conversion, emerging technologies and much more.
THURSDAY
MORNING Presiding Officer(s)
Diana M. Liebmann,
Haynes and Boone, LLP -
San Antonio, TX
8:00 am
Registration Opens
Includes continental breakfast.
8:30 am
Welcoming Remarks
Diana M. Liebmann, Haynes and Boone, LLP, San Antonio, TX
8:45 am
DOE and FERC: Recent Developments and Trends in Energy, Power and Gas .75 hr
This session reviews significant developments in power, natural gas and oil pipeline regulation at FERC, including FERC’s activities in the relatively nascent areas of Smart Grid interoperability standards and electric reliability, and recent developments in DOE’s Loan Guarantee Program.
Kenneth G. Hurwitz
Haynes and Boone, LLP - Washington, DC
9:30 am
State Regulatory Update .75 hr
A summary of regulatory developments affecting Texas' wholesale and retail electric markets during 2010.
Marianne Carroll
Brown McCarroll, L.L.P. - Austin, TX
10:15 am
Break
10:30 am
Ethics in a Changing Legal Environment 1.00 hr ethics
The legal profession is becoming global. Lawyers are migrating. The rules are changing. And the ABA's Commission on Ethics 20/20 is studying the implications. Learn what impact these changes have on you, your practice and the ethical rules, and what the courts are saying about which ethical rules apply to your practice.
Ophelia F. Camiña
Susman Godfrey, L.L.P. - Dallas, TX
11:30 am
Financing: Financial Tools for Energy Companies .75 hr
A brief overview of gas, coal and power market fundamentals leading into a discussion of financing tools available to the gas and power industries.
Keith Barnett
Bank of America Merrill Lynch - Houston, TX
THURSDAY
AFTERNOON Presiding Officer(s)
Diana M. Liebmann,
Haynes and Boone, LLP -
San Antonio, TX
12:15 pm
Pick up Box Lunch
Included in conference registration.
12:30 pm
Expanding Pipeline Infrastructure in Newly-Developed Gas Fields: An Examination of the Marcellus Shale .75 hr
A discussion of the state and federal pipeline regulatory and environmental requirements applicable to new pipelines constructed in the Marcellus Shale areas of West Virginia and Pennsylvania, including FERC/Natural Gas Act issues related to interconnecting new pipelines into the existing interstate pipeline grid, applicable state pipeline regulatory regimes, the availability of negotiated rates vs. cost-of-service rates, environmental permitting issues, and pipeline safety issues. The session includes analysis of existing regulatory regimes as barriers to market entry.
Moderator: Michael P. Pearson
Jackson Walker L.L.P. - Houston, TX
Panelist: Thomas J. Sniscak
Hawke McKeon & Sniscak LLP - Harrisburg, PA
Panelist: Kenneth E. Tawney
Jackson Kelly PLLC - Charleston, WV
1:15 pm
Break
1:30 pm
Shale Play Environmental Issues .50 hr
The perfection of hydraulic fracturing techniques to unlock gas from shale formations may be one of the greatest developments in hydrocarbon production since Howard Hughes invented the rotary drilling bit, but it has created a host of new environmental concerns. This presentation addresses legal issues relating to water supply for fracturing operations, management and reuse of flow-back water, public concerns regarding chemicals used in the fracturing process, discharge or disposal of flow-back water that cannot be reused, allegations of groundwater contamination from fracturing operations, benzene emissions associated with shale gas production, and nuisance issues associated with the conduct of fracturing operations in close proximity to residential areas.
Larry W. Nettles
Vinson & Elkins LLP - Houston, TX
2:00 pm
CFTC and Trading under the Obama Administration Rules .75 hr
Discussion of new trading rules and the impact on gas and power transactions including ICE, CME/NYMEX and proprietary market trading.
Craig Pirrong
C.T. Bauer College of Business, University of Houston - Houston, TX
2:45 pm
Break
3:00 pm
Hot Topics involving Nuclear Power: DOE Loan Guarantee Program and Its Possible Expansion .50 hr
A presentation on the current issues of significance affecting the nuclear industry, including DOE Loan Guarantees, NRC licensing issues, the Yucca Mountain Project and the Blue Ribbon Commission on America's Nuclear Future.
Michael F. McBride
Van Ness Feldman, PC - Washington, DC
3:30 pm
Natural Gas Demand and Wind Generation .50 hr
A discussion of natural gas demand outlook with a focus on electric power demand. Renewable generation policy issues and potential to impact generation landscape, including the impact on natural gas-fired generation market share are examined. Lessons learned and implications from the Texas case study are explored.
Primer on Pipeline Imbalances .50 hr
Practical problems resulting from pipeline imbalances, and available tools to mitigate such problems.
James E. Goddard
Locke Lord Bissell & Liddell LLP - Dallas, TX
4:30 pm
Legislative Issues: Is the Sun Setting on the State's Major Energy Regulatory Agencies? .50 hr
The 2010-2011 Sunset review cycle could have major implications for the energy industry in Texas. There is no shortage of political and regulatory issues to consider as the Sunset Advisory Commission reviews every major energy regulatory agency in Texas, including the Public Utility Commission of Texas, the Electric Reliability Council of Texas, the Railroad Commission of Texas and the Texas Commission on Environmental Quality.
Tab R. Urbantke
Vinson & Elkins LLP - Dallas, TX
5:00 pm
Adjourn
FRIDAY
MORNING Presiding Officer(s)
Diana M. Liebmann,
Haynes and Boone, LLP -
San Antonio, TX
8:00 am
Conference Room Opens
Includes continental breakfast.
8:30 am
NERC and TexasRE Update: What You Need to Know .50 hr
An overview of current North American Electric Reliabilty Council (NERC) standards compliance and enforcement trends and update regarding the change in the regional entity to Texas Reliability Entity, Inc.
Susan Denise Vincent
Texas Reliability Entity, Inc. - Austin, TX
9:00 am
FERC Enforcement Policy .75 hr
Former FERC Chairman Kelliher reviews the origins of FERC enforcement authority granted by Congress in 2005, explains how FERC implemented its new authority and discusses current enforcement policy issues.
Hon. Joseph T. Kelliher
NextEra Energy, Inc. - Washington, DC
9:45 am
To Talk or Not to Talk: Ethics Opinion 587 and the Elusive Ex Parte Rule 1.00 hr ethics
Practitioners have commonly believed that the restrictions of the ex parte rule begin only with the institution of formal contested case proceedings. Ethics Opinion 587 holds that certain pre-litigation discussions violate the ethical obligation to refrain from ex parte discussions. Is this so? Does this make routine exchanges between agency and industry representatives unethical? The presenters engage the audience in a general discussion about the legal, ethical and practical implications of the ex parte rule and Ethics Opinion 587.
Ron Beal
Baylor Law School - Waco, TX
Lou Bright
Attorney at Law - Austin, TX
10:45 am
Break
11:00 am
The Continuing Evolution of the ERCOT Market Design: Nodal and Beyond .50 hr
Although there is a temporary freeze on most proposed market design changes in the near term, a flurry of new market rules can be expected in the future as ERCOT adapts to the Nodal market conversion and wrestles with the economic impacts of renewable resources and other emerging technologies. Market realities are forcing stakeholders to rethink entire market definitions and configurations—from the kinds and volumes of ancillary services ERCOT procures to the long-term sustainability of the energy-only market design.
Mark Bruce
Stratus Energy Group - Austin, TX
11:30 am
PPAs in a Nodal Market .50 hr
This session examines issues with power purchases and sales arising from the transition to a Nodal market, including managing issues under existing PPAs as well as structuring new PPAs. The discussion includes a review of relevant experiences from other markets' transitions to Nodal and how they may apply to ERCOT, including "Seller's Choice" issues, pricing mechanisms and force majeure and change in law clauses. The presentation also highlights issues specific to PPAs with respect to wind and other renewable resources.
Thomas H. Warren
Sutherland - Atlanta, GA
12:00 pm
New Clean Carbon Technology in the Production of Fuels, Chemicals and Power .50 hr
A review of emerging "clean carbon" technologies being commercialized in the conversion of natural gas, petroleum coke, biomass and coal into fuels, chemicals and electric power. State and federal incentives including the comprehensive Texas incentive package that has been developed over the past four years and the $563 million (and growing) in Department of Energy investment in Texas clean carbon projects are also discussed.
Michael J. Nasi
Jackson Walker L.L.P. - Austin, TX
Texas MCLE: Course #901199023 11.00 hrs, includes 2.00 hrs ethics
Credit is submitted to the State Bar of Texas within seven business days following the conference. To claim immediate credit, self-report via the SBOT web site at http://www.texasbarcle.com/CLE/home.asp
Legal Specialization: Oil, Gas and Mineral Law
California MCLE: Provider #1944 11.00 hrs, includes 2.00 hrs ethics
This course is approved for California MCLE credit. A Certificate of Completion and related course reporting documentation for CA MCLE credit will be available at the conference.
See CA Report Compliance for more information.
Other Jurisdictions: LA, NM, OK, NV, etc.
Many jurisdictions accept courses offered by the University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your state bar association. A Certificate of Completion, and related course reporting documentation for MCLE credit will be available at the conference.
Haynes and Boone knows the domestic and international physical and financial energy markets. We have significant depth of practice in transactions involving upstream, midstream and downstream oil and gas, natural gas liquification, regasification, electric power generation, transmission, marketing, ISO and RTO transactions, wholesale and retail power sales, and hedging and tolling agreements. We have a strong regulatory group including FERC and state commissin work including before the Public Utility Commission of Texas, Electric Reliability Council of Texas, and Railroad Commission. and Our Energy practice group is comprised of more than 75 attorneys and other industry professionals with diverse backgrounds, experiences and skill sets specific to the energy industry. We are very active in deals relating to both traditional energy sources and alternative or renewable energy resources. In fact, in a recently published study our Energy lawyers were involved in one third of all domestic oil and gas M&A transactions tracked by the Oil and Gas Financial Journal during the thirty-day period from December 15, 2009 through January 15, 2010, with an aggregate value of more than $1 billion. As a firm with a significant Texas base, we regularly represent a wide variety of industry clients in the energy sector from Fortune 100 companies to individuals. www.haynesboone.com
Jackson Walker has been a leader in energy law since the late 1800s. One of the firm's founding partners, A.W. Walker, Jr., was responsible for developing many of the fundamental concepts of modern oil and gas law. This experience has led energy companies worldwide to select Jackson Walker as their legal counsel. Today, Jackson Walker attorneys continue the tradition started by our founding partners as leaders and innovators in the energy industry.
Jackson Walker fully understands every segment of the industry and how each segment functions as a part of the overall value chain. We are able to provide high levels of service to our energy clients in a broad range of diverse specialties such as bankruptcy, tax, regulatory, litigation, environmental, intellectual property, corporate finance, mergers and acquisitions and any number of other practice areas. Jackson Walker began by providing legal services to the energy industry and we remain committed to continuing and expanding upon that tradition. www.jw.com
Locke Lord's energy attorneys serve as trusted counsel to a broad range of companies ranging from start-ups to multinational energy companies, both on domestic and international matters. Our depth and diversity of practice in the energy arena places us in the very top tier of energy lawyers.
Our attorneys are involved in all aspects of the energy value chain. The firm is not only prominent in traditional oil and gas; our lawyers' experience is on the cutting edge of the most current energy enterprises. We are deeply involved with exploration and production, gathering/processing/storage, natural gas, oil and product storage and pipeline transmission, liquefied natural gas (LNG), refining, power generation, commodity marketing and trading, and all parts in between. We have extensive experience in energy mergers and acquisitions, project development, litigation, finance, and regulatory matters in state and federal agencies, including before the Federal Energy Regulatory Commission (FERC).
www.lockelord.com
V&E's global energy practice began in Texas more than 90 years ago, but today encompasses energy hubs, political capitals, and financial centers around the world. Time and time again, V&E has been named the world's leading energy law firm. With recognized leaders in nearly every energy discipline, more than 400 V&E lawyers regularly advise clients on energy-related matters. In 2009, V&E's lawyers handled more than 1,500 energy matters collectively involving more than US$150 billion, including mergers, acquisitions, joint ventures, project developments, financings, arbitrations, lawsuits, environmental matters, tax cases, intellectual property matters, restructurings/reorganizations, and regulatory proceedings. www.velaw.com
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