This conference will be a virtual (online) event
The Legal & Regulatory Virtual Conference is an unparalleled professional development and networking opportunity for energy attorneys and regulatory personnel. Join us to get updates on federal legislative and regulatory changes impacting public power. Ask colleagues how they deal with the legal issues you contend with every day.
Get critical information and insights on the key issues you're facing:
- Federal legislative and regulatory updates
- Labor and employment law updates
- Policy and legal perspectives on the attempted sale of JEA
- Supreme Court and admin law decisions
- Energy imbalance markets
- Transmission incentives
- Federal communications laws
- Renewable energy mandates
- Legal ethics
Who Should Attend
- In-house and general counsel
- Outside counsel
- Regulatory affairs specialists
- Compliance officers
- Senior and mid-level utility managers
- Elected and appointed officials who oversee utility policy
Phone: 202-467-2978; Email: [email protected]
Phone: 202-467-2976; Email: [email protected]
Phone: 202-467-2967; Fax: 202-495-7467; Email: [email protected]
This conference will be a virtual (online) event
The Legal & Regulatory Virtual Conference program offers two days of keynotes, breakout sessions, and networking opportunities on October 13-14. Learn more about each of these sessions below.
Benefit from engaging breakout sessions led by industry experts and public power colleagues. Take home actionable ideas and tactics.
Several breakout sessions run concurrently in each time slot and you can go to any sessions you like. Browse sessions below or download the program PDF [coming soon] for a listing by date/time that you can share with colleagues and use to plan your itinerary.
Agenda at a Glance
Tuesday, October 13
Opening General Session
10:30 a.m. – 11:15 a.m. ET / 9:30 – 10:15 a.m. CT / 8:30 – 9:15 a.m. MT / 7:30 – 8:15 a.m. PT
The State of Public Power
Joy Ditto, President & CEO, American Public Power Association
As we reflect on 80 years of being connected as a public power community, we also reflect on how we have endured the recent pandemic and other crises throughout our history. Get the latest update on how APPA is working to protect the interests of public power in Washington, D.C., and helping our members to navigate an increasingly complex industry.
Transforming After the Crisis: Becoming Reputationally Resilient, Crisis Ready, and Risk Aware
Bill Coletti, CEO, Kith, Austin, Texas
You have a problem and you might not even know it. Your utility’s good reputation is the beating heart that allows you to bounce back from a crisis quickly. But if it isn’t properly cared for, the arteries of goodwill get clogged and a reputation heart attack hits. Bill Coletti will reveal a reputation resiliency plan for your utilities, including how to empower general counsel and attorneys to be among your reputation’s primary caregivers.
11:15 – 11:30 a.m. ET / 10:15 – 10:30 a.m. CT / 9:15 – 9:30 a.m. MT / 8:15 – 8:30 a.m. PT
Labor and Employment Law in the Time of COVID-19
11:30 a.m. – 12:30 p.m. ET / 10:30 – 11:30 a.m. CT / 9:30 – 10:30 a.m. MT / 8:30 – 9:30 a.m. PT
Labor and employment law continue to evolve in reaction to the dramatic changes within our society, including new operational challenges posed by the COVID-19 pandemic. Accordingly, in-house counsel are navigating an ever-changing legal landscape, with issues such as maintaining a safe workplace, following new paid sick leave and expanded FMLA requirements and changing ADA accommodation laws. Review these issues and hear how other developments, such as protections for LGBTQ workers, accommodations for opioid and marijuana use, and presidential appointments will likely impact your year ahead.
Jonathan Mook, Partner, DiMuro Ginsburg PC, Alexandria, Virginia
12:30 – 1 p.m. ET / 11:30 a.m. – Noon CT / 10:30 – 11 a.m. MT / 9:30 – 10 a.m. PT
Is the Juice Worth the Squeeze? A Look at FERC's Transmission Incentives Policy
1 – 1:45 p.m. ET / 12 – 12:45 p.m. CT / 11 a.m. – 11:45 a.m. MT / 10 – 10:45 a.m. PT
Amid an era of increased transmission investment, FERC proposes significant revisions to its transmission incentives policy. Panelists will debate how proposed reforms might resolve or exacerbate the challenges posed by FERC’s current incentives policy, how customers might be affected, and what public power can do to ensure necessary transmission investments are made at reasonable costs.
Adrienne Clair, Partner, Thompson Coburn LLP, and Jason Gray, Partner, Duncan & Allen, Washington, D.C.
1:45 – 2 p.m. ET / 12:45 – 1 p.m. CT / 11:45 a.m. – Noon MT / 10:45 – 11 a.m. PT
2 – 2:45 p.m. ET / 1 – 1:45 p.m. CT / Noon – 12:45 p.m. MT / 11 a.m. – 11:45 a.m. PT
- Energy and Administrative Law in the Supreme Court: Recent Developments and Trends
Energy and Administrative Law in the Supreme Court: Recent Developments and TrendsHannah Wiseman, Professor of Law, Professor and Wilson Faculty Fellow in the College of Earth and Mineral Sciences, and Institutes of Energy and the Environment Co-funded Faculty Member, Penn State University Law School, University Park, Pennsylvania
Explore how 2019 and 2020 Supreme Court administrative law decisions reflect trends with respect to judicial deference to agencies, nondelegation issues, and the development of agency records. Analyze how these trends could extend to the energy context and what could affect public power.
- COVID-19: Preparing for the Next Crisis
Take a look back at the lessons learned to date from the COVID-19 pandemic with a focus on the federal, state and local regulatory and legislative response affecting the public power industry. This session will explore Congressional, FERC, NERC, state and local actions taken in response to COVID-19 and discuss what public power utilities can expect in response to, and what steps should be taken to prepare for, future disrupting events. Review what has worked well in responding to an extended national crisis and what can be done better in the future.Jody Finklea, General Counsel & Chief Legal Officer, Florida Municipal Power Agency, Tallahassee, Florida; Arthur J. "Grant" Lacerte, Jr., General Counsel, Kissimmee Utility Authority, Florida; and Dan O’Hagan, Assistant General Counsel, Florida Municipal Power Agency, Tallahassee, Florida; and
2:45 – 3:15 p.m. ET / 1:45 – 2:15 p.m. CT / 12:45 – 1:15 p.m. MT / 11:45 a.m. – 12:15 p.m. PT
3:15 – 4 p.m. ET / 2:15 – 3 p.m. CT / 1:15 – 2 p.m. MT / 12:15 – 1 p.m. PT
- SPP's Western Energy Imbalance Service: Design, Status and Market Impacts
SPP’s Western Energy Imbalance Service: Design, Status, and Market ImpactsBrad Hans, Director of Wholesale Electric Operations, NMPP Energy, Lincoln, Nebraska; Sarah Leonard, General Counsel, Platte River Power Authority, Fort Collins, Colorado; Michelle Lepin, Associate General Counsel, NMPP Energy, Lincoln, Nebraska; and Michael Postar, Partner, Duncan, Weinberg, Genzer & Pembroke, P.C., Washington, D.C.
In 2020, the Southwest Power Pool (SPP) filed with FERC to offer the Western Energy Imbalance Service an alternative to the California Independent System Operator Corporation’s Western Energy Imbalance Market, which is expected to serve customers in 11 states and one Canadian Province by 2022. FERC rejected, without prejudice, SPP’s initial proposal and SPP has signaled its intent to file a revised proposal. Learn how FERC has responded to the differing approaches, gain perspective on what each option offers for public power, and review seams, governance, and transparency considerations.
- What Does the New WOTUS Rule Mean for Your Facilities and Projects?
A new Navigable Waters Protection Rule went to effect in all states but Colorado on June 2020, providing a new, narrower definition of “waters of the United States.” Discuss how the numerous lawsuits challenging this change might impact your operations and how the parameters of the new rule, including the waste treatment system exclusion, could affect Clean Water Act permitting for power-related facilities and infrastructure.Kerry McGrath, Partner, Hunton Andrews Kurth LLP, Washington, D.C.
4 – 4:15 p.m. ET / 3 – 3:15 p.m. CT / 2 – 2:15 p.m. MT / 1 – 1:15 p.m. PT
4:15 – 5:15 p.m. ET / 3:15 – 4:15 p.m. CT / 2:15 – 3:15 p.m. MT / 1:15 – 2:15 p.m. PT
Hoodwinked: Political, Policy, and Legal Perspectives on the Attempted JEA Sale
Two years ago, JEA was a well-regarded, stable large public power utility with low rates, high customer satisfaction scores, and a clear vision to build on its financial and operational strengths. Today, JEA is functioning with an interim leadership team, has been downgraded by rating agencies, suffers from a lack of public confidence, and has multiple state and federal investigations ongoing into potential criminal actions related to its former leadership and the attempt to “recapitalize” the nation’s fourth-largest public power utility. Hear different takes on the story behind the politics and legal dynamics that have unsettled the City of Jacksonville, its more than one million residents, and the longstanding institution that is JEA.
Jody Finklea, General Counsel & Chief Legal Officer, Florida Municipal Power Agency, Tallahassee, Florida, and Amy Zubaly, Executive Director, Florida Municipal Electric Association, Inc., Tallahassee, Florida
GINspiration History & Cocktails at Home
5:15 – 6:15 p.m. ET / 4:15 – 5:15 p.m. CT / 3:15 – 4:15 p.m. MT / 2:15 – 3:15 p.m. PT
Are you ready to turn some simple ingredients into some truly tasty drinks and pick up some facts about this versatile spirit along the way? Join us for the most unique gin tasting you'll ever go on, where you'll make (and drink) some great cocktails while learning the tipsy history of gin — the perfect way to wrap up the first day of the conference!
Wednesday, October 14
10 – 11 a.m. ET / 9 – 10 a.m. CT / 8 – 9 a.m. MT / 7 – 8 a.m. PT
Conference networking takes on a new format this year. Reconnect with old friends, meet new people and network with other public power lawyers, managers and professionals. Join your peers for coffee and conversation to celebrate successes and share challenges.
Federal Regulatory and Legislative Update
11 a.m. – Noon ET / 10 – 11 a.m. CT / 9 – 10 a.m. MT / 8 – 9 a.m. PT
Get a rundown of the latest significant court decisions, legislative actions in Congress, and FERC regulatory issues of interest to public power. Also preview what’s on the table for public power in the upcoming election.
John McCaffrey, Senior Regulatory Counsel, and Desmarie Waterhouse, V.P. Government Relations & Counsel, APPA
Noon – 12:15 p.m. ET / 11 – 11:15 a.m. CT / 10 – 10:15 a.m. MT / 9 – 9:15 a.m. PT
11:45 a.m. – 12:45 p.m. ET / 10:45 – 11:45 a.m. CT / 9:45 – 10:45 a.m. MT / 8:45 – 9:45 a.m. PT
- PURPA Re-Envisioned
FERC substantially revised its regulations implementing PURPA in July 2020 – the first wholesale change to these rules in over 40 years. FERC states that the revisions address, in part, concerns over the adequacy of existing mandatory purchase obligations to address a new wave of qualifying facility applications. The rule will limit utility-purchaser risk, take a market-based approach to purchasing practices, and restrict what FERC sees as the opportunities its former rules provided for QFs to game the system. Opponents of the rule have argued that it will constrain the development of renewable resources in contravention of Congressional intent. This session will review which regulations were revised, what these new rules mean for PURPA compliance programs, and will examine other issues associated with public power and PURPA implementation.
Harvey Reiter, Partner and Jon Trotta, Partner, Stinson LLP, Washington, D.C.
- Compliance 101 – Demystifying the Federal Communications Laws
Communications service providers can be subject to a tangle of federal regulations. Learn which rules are of greatest interest to public providers of communications services - such as those governing universal service reporting and contributions, support of law enforcement agencies, protection of customer privacy, and transparent disclosures of broadband service features. Get a handy primer that analyzes rules in depth and a compliance checklist that includes pertinent deadlines and links to agency guidelines and forms to keep up with recordkeeping and reporting requirements.
Jim Baller, President and Sean Stokes, Principal, Baller Stokes & Lide PC, Washington, D.C.
1 – 1:30 p.m. ET / Noon – 12:30 p.m. CT / 11 – 11:30 a.m. MT / 10:30 – 11:15 a.m. PT
1:30 – 2:15 p.m. ET / 12:30 – 1:15 p.m. CT / 11:30 a.m. – 12:15 p.m. MT / 10:30 – 11:15 a.m. PT
- 100% Emission-Free By 2050: What Public Power Counsel Need To Know About State 100% Renewable Energy Mandates, Compliance Options, and Opportunities
States and municipalities across the country have adopted mandates requiring a transition to 100% renewable or non-emitting energy by mid-century. This massive shift in the nation's energy mix has profound implications for utilities, whether directly impacted by a mandate or not. Learn how you can reduce your utility’s risk of noncompliance by examining the precise language of these goals, finding “off-ramps” for cost or reliability concerns, or identifying alternate routes to compliance. Discuss likely effects on utility operations and the markets as well as opportunities brought by this dramatic transition.
Eric Christensen, Of Counsel, Beveridge & Diamond, Seattle, Washington, and Brook Detterman, Principal, Beveridge & Diamond, Boston, Massachusetts
- Recent Developments in NERC Compliance
As utilities’ obligations under the mandatory reliability standards promulgated by the North American Electric Reliability Corporation continue to evolve, make sure you understand and have the latest guidance. Review recent actions, such as on supply chain risk mitigation, critical infrastructure protection standards, and other developments. Check in on the status of proposals related to Phases 1 and 2 of NERC’s Standards Efficiency Review Initiative.
Rebecca Baldwin, Of Counsel, Spiegel & McDiarmid, LLP, Washington, D.C. and Jon Schneider, Partner, Stinson LLP, Washington, D.C.
2:15 – 2:30 p.m. ET / 1:15 – 1:30 p.m. CT / 12:15 – 12:30 p.m. MT / 11:15 – 11:30 a.m. PT
2:30 – 3:15 p.m. ET / 1:30 – 2:15 p.m. CT / 12:30 – 1:15 p.m. MT / 11:30 a.m. – 12:15 p.m. PT
- The Line Between Market Monitoring and FERC Regulatory Oversight
Examine how both internal and external market monitors affect the design, justification and implementation of rules set by regional transmission organizations and independent system operators in their electricity markets, and the level of deference FERC gives to market monitoring unit analyses.
Eric Hildebrandt, Executive Director of the Department of Market Monitoring, California ISO, Folsom, California; Seema K. Jain, Attorney–Advisor, Office of Enforcement, Division of Investigations, Federal Energy Regulatory Commission, Washington, D.C.; and Joe Nelson, Partner, Van Ness Feldman, Washington, D.C.
- View From the Bench: Three Recent Cases with Implications for Public Power
Anytime there are dramatic departures to rules or regulations, disputes arise, and litigation by those most affected is often the result. Explore the implications for public power in three cases: the Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund, the pending litigation surrounding EPA’s supplemental finding regarding the Mercury and Air Toxics Standards before the U.S. Court of Appeals for the D.C. Circuit, and the challenges to EPA’s Affordable Clean Energy Rule pending before the D.C. Circuit.
Amy McDonnell, Partner, Duncan & Allen, Washington, D.C.
3:15 - 3:30 p.m. ET / 2:15 – 2:30 p.m. CT / 1:15 – 1:30 p.m. MT / 12:15 – 12:30 p.m. PT
Ethics for Super Stressed Lawyers
3:30 – 4:30 p.m. ET / 2:30 – 3:30 p.m. CT / 1:30 – 2:30 p.m. MT / 12:30 – 1:30 p.m. PT
Skeptical, competitive and issue-oriented lawyers can be slow to acknowledge stress, yet lawyers are among the most stressed and least healthy working professionals. Focus on how to spot and counter this threat to well-being when faced with it in the workplace – by examining case scenarios and rules of conduct. Learn some skills to recognize and reduce stress and promote sustainable high-level performance in your workplace.
Heidi K. Brown, Director of Legal Writing and Professor of Law, Brooklyn Law School, New York, and Justin Martin, Associate General Counsel, Electric Power Research Institute, Washington, D.C.
4:30 p.m. ET / 3:30 p.m. CT / 2:30 p.m. MT / 1:30 p.m. PT
This conference will be a virtual (online) event
Registrants will receive information on joining remotely as we get nearer to the event. If you have any questions, please reach out to [email protected].
Members of the American Public Power Association receive the member rate. In addition, lawyers who currently represent public power utilities, joint action agencies, or state/regional associations that are Association members may also receive the member rate. Contact Ana Mejia to request a code so you can register online and receive the member registration rate on your conference registration. Be sure to mention which public power utilities, agencies or associations you represent in your email.
Not yet an American Public Power Association member? Join today and save $575 on your conference registration. Call Member Services at 202-467-2926 to learn more.
Save an additional $50 on each registration for the Legal & Regulatory Virtual Conference when your organization registers 5 or more people. Contact [email protected] for more information and to request the group registration form to receive this special discount.
Cancellation, Refund, and Substitution Policy
Registrants who cancel in writing on or before Friday, October 9, 2020 are entitled to a refund of their registration fee, minus a $50 cancellation fee. Registrants who cancel after October 9, 2020 will not receive a refund, but attendee substitutions will be allowed for the 2020 Legal & Regulatory Virtual Conference only. Registrants and no-shows who do not cancel on or before October 9 are responsible for the full registration fee and are not entitled to a refund of their registration fee.
Requests must be made in writing to: [email protected]
Email [email protected].
Frequently Asked Questions
When will I get more information about how to participate in the virtual conference?
Registrants will receive information on how to join the virtual conference a few days before the event. If you have any questions, please reach out to [email protected].
What is a virtual event?
A virtual event simulates an in-person event, but involves people interacting online, rather than in a physical environment.
APPA is committed to delivering an engaging, accessible, and inclusive platform to convene the national public power community to connect, learn, and share knowledge and solutions. Our virtual conferences allow participants to easily learn about important topics, attend informative presentations, and connect with other participants for face-to-face conversations using video chats. Registrants will receive additional information about this virtual experience as the event gets closer.
How was the registration fee for the Legal & Regulatory Virtual Conference determined?
The registration fee reflects the costs and value of the meeting being held. We took a number of details into consideration in calculating the fee for the virtual conference.
Some of the meeting expenses include speaker fees for the keynote speakers, the cost of the platform to deliver the event, and the costs (and staff time) of program development, as well as costs and risks associated with cancelling the in-person Legal & Regulatory Conference.
We also looked at the benefits of attending the meeting for members. The program features keynote speakers, several breakout sessions (which will be recorded so participants can view the breakout sessions they missed after the fact), and most importantly an opportunity to connect with other public power utilities, learn from their experiences and come together in this unique time.
Finally, we evaluated the fees being charged by other organizations that have converted in-person meetings to virtual meetings. As we have, many of them have reduced fees to account for saved costs, but are still charging fees to cover costs and reflect the value of the meeting being held.
What platform will the Legal & Regulatory Virtual Conference be held on?
APPA will be using Zoom for the virtual summit.
Zoom was chosen for its ease of use, great handling of video, and accessibility. Attending a Zoom meeting doesn’t require any additional software installed on the attendee’s computer – it can run completely out of a web browser. We know that many organizations limit the installation of desktop clients, so using a service that can run using a web browser makes the meeting more accessible to our members. Zoom’s ability to support multiple video feeds will also enable online networking beyond the capabilities of many other platforms.
To ensure the best experience for attendees, it is also important that our staff have experience using the platform. APPA staff have such experience with Zoom, both as attendees and administrators. Zoom has been successfully deployed for Public Power Connect Virtual Summit & Business Meeting (our largest event of the year); in addition to several other summits, classes and meetings. Staff have also participated in a number of other virtual conferences using Zoom, including events held by the American Society for Association Executives (ASAE); Dragos; the Energy Bar Association; among others.
We are aware some organizations have cybersecurity concerns regarding this platform.
Zoom had several high-profile problems at the start of its recent rise to prominence. The company was responsive to these issues and addressed many of them. While it still may not be appropriate for hosting sensitive discussions, we do not feel Zoom presents any problems for hosting general interest discussions, like the sessions we have planned for the virtual summit.
APPA has implemented all the recommended precautions and best practices recommended to minimize the possibility of security issues, such as authenticating all participants are registered for the event, utilizing virtual waiting rooms, requiring meeting passwords, and creating unique URLs for all attendees to participate in the meeting.
What is the policy on refunds, cancellations and attendee substitutions?
Registrants who cancel in writing on or before Friday, October 9, 2020, are entitled to a refund of their registration fee, minus a $50 cancellation fee. Registrants who cancel after October 9 will not receive a refund, but attendee substitutions will be allowed for this event only. Registrants and no-shows who do not cancel by October 9 are responsible for the full registration fee and are not entitled to a refund. Cancellations must be made in writing and emailed to [email protected].
Can I earn educational credits for attending this virtual conference?
Yes, you can earn the following kinds of educational credits for attending live sessions during the conference:
- Continuing Education Units (CEUs) from the International Association for Continuing Education and Training (IACET)
- Professional Development Hours (PDHs) as established by the National Council of Examiners for Engineering and Surveying (NCEES)
- Continuing Professional Education (CPE) Credits from the National Association of State Boards of Accountancy (NASBA)
Status of Applications for CLE Accreditation
The American Public Power Association will apply for Continuing Legal Education accreditation in the following mandatory CLE states: Alabama, Alaska*, Arkansas, California*, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana*, Nebraska, Nevada, New Hampshire, New Jersey*, New Mexico, New York*, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
*States denoted by an asterisk (*) will accept CLE credit hours for courses or activities held in and approved by other MCLE jurisdictions. The American Public Power Association may not explicitly apply for CLE accreditation in these states if they have reciprocity with the state in which the meeting is being held. The Association will provide any necessary documentation to receive CLE credit in these states. If you have any questions, please contact Ana Mejia at [email protected] or 202/467-2976.
The number of CLE credits varies by state and is decided by each state bar association.
(For the Legal & Regulatory Conference, total Ethics hours are included in the total number of Approved CLEs. Preconference workshops have not been approved for any Ethics credit.)
**Please note that you will only be able to earn educational credits (including CLEs) for the sessions you attend live during the virtual conference. We are not able to offer certificates for educational credits for any session recordings you watch later.
Is there international registration?
Online meeting registration is for U.S. and Canadian residents only. International registrants must provide a signed registration form — signed by the authorized cardholder — if paying with a credit card. Email the completed registration form to [email protected].
Alternatively, you could send a check from a U.S. bank payable to American Public Power Association. Please mail completed form with full payment to our bank lock box:
American Public Power Association
P.O. Box 418617
Boston, MA 02241-8617
Where and when is the next Legal & Regulatory Conference?
October 17-20, 2021
JW Marriott Savannah Plant Riverside
How can I present at the conference?
We welcome your topic and speaker ideas for future conferences and events. To submit your idea for consideration, complete this form. Conference topics are generally determined 6-8 months before the event is held. Ideas will be kept on file for a full year, so if the agenda for the conference has already been determined, your ideas will be considered for the next year’s event, or in case any space opens up for the upcoming program. You will be contacted only if your idea is selected for an upcoming conference.
What is the APPA Code of Conduct for meeting attendees?
Attendees of American Public Power Association meetings agree to abide by the APPA Code of Conduct. If attendees engage in unacceptable behavior as outlined in the Code of Conduct, the Association may take any action it deems appropriate, including but not limited to, expulsion from the current and future meetings, with no warning or refund.
Contact us at [email protected] or call 202-467-2976.