Agenda

Emerging reliability risks demand a two-step approach: preventing problems on the front end and learning from what regulators have acted on in the past. Start with an overview of the key energy regulators, including FERC, NERC, market monitors, and state authorities that comprise the full range of enforcement regimes that may apply to public power utilities. Then walk through recent enforcement matters of note, common sources of noncompliance, and recurring pitfalls across the electric industry.

Examine compliance issues from both the perspective of the target of an investigation and as the investigator via an interactive tabletop exercise, sharpening your instincts for recognizing and responding to compliance challenges, and when to engage outside counsel. Gain practical strategies for building and sustaining organizational compliance programs, strengthen preventive controls, improve internal detection and documentation, and avoid repeat issues. 

While broadband providers and wireless cell carriers seek ever more access to utility poles, ducts, and conduits, the regulations and common practices around pole attachments are constantly shifting. Gain a solid understanding of the latest legal and regulatory issues surrounding pole attachments that utility leaders should know. Walk through how to address common contractual issues and examine key federal developments affecting access to public power utility poles and streetlights. Get practical guidance on how to implement and manage a pole attachment program.

This presentation will address the latest developments regarding the interconnection of these large loads and will include detailed discussion of:

the players, and the games they play when engaging public power entities regarding the interconnection of these large loads; and
the necessary agreements and the operative terms and conditions in those agreements that will ensure existing ratepayers do not subsidize the interconnection, power supply or development costs and are not stuck dealing with any stranded costs; and
the technical and policy issues that need to be considered in determining whether the “juice” from interconnecting these loads is be worth the “squeeze” on the utility and its existing ratepayers.

Kick off the conference with an opportunity to unwind and network. Reconnect with friends and forge new connections, exchange insights, and build lasting relationships in a relaxed setting.

Energize your morning with coffee and connections at our informal continental breakfast. Held in the bustling sponsor showcase, this is a great opportunity to immerse yourself in lively conversations with colleagues and engage firsthand with our knowledgeable industry partners.

New to the Legal & Regulatory Conference? Meet with other first-time conference attendees and forge lasting connections that will fuel your success throughout the event.

Welcome Address

Keynote Address

Public power utilities operate in an increasingly complex environmental landscape shaped by evolving regulations, emerging technologies, reliability concerns, and community expectations. This session will examine the key environmental issues affecting public power, including air and water regulations, greenhouse gas policies, permitting challenges, environmental justice considerations, emerging federal and state requirements, and the environmental implications of resource planning and grid modernization.

The last decade has seen a number of highly significant developments in federal administrative law, including the U.S. Supreme Court’s reconsideration (and potential reversal) of Humphrey’s Executor, the demise of Chevron deference, increased use of Presidential executive orders, restrictions on agency enforcement powers, and changes in the status of administrative law judges. Get a refresher on these and other important administrative law developments, and discuss the practical impacts these changes have had (or could have) on the regulatory landscape for public power utilities.

Natural gas remains a critical component of the electric generation portfolio for many public power utilities, but the regulatory, legal, and market landscape continues to evolve. This session will explore emerging issues affecting natural gas supply, transportation, contracting, infrastructure development, environmental compliance, and reliability. Panelists will discuss the implications of federal and state policy changes, pipeline constraints, fuel security concerns, market volatility, and increasing electrification trends.

Public power utilities are navigating a rapidly changing regulatory environment that is reshaping the electric utility industry. From federal reliability standards and transmission policies to environmental regulations, cybersecurity requirements, distributed energy resources, and emerging market rules, regulatory developments can have significant operational and financial impacts. This session will provide an update on the most important regulatory issues affecting public power utilities, highlighting recent actions by federal agencies, key court decisions, and policy trends to watch.

This session takes a practical look at how utilities can structure EPC agreements to better withstand real-world challenges. Attendees will explore key contract provisions that allocate risk appropriately, establish clear performance and schedule expectations, address delays and cost overruns, and provide meaningful remedies when obligations are not met. Through real-world examples and lessons learned, participants will gain strategies for negotiating and managing EPC contracts that protect utility interests, support project success, and deliver long-term value for their communities.

Take a look at where both federal and state-level reforms to permitting for energy infrastructure stand. Discuss what reforms have been adopted and what is still on the table in efforts to speed permitting for renewable energy and transmission. Dive into a report from Washington state and what it implies for recommendations for further permitting improvements across the country.

Dive into the latest regulatory and legislative initiatives on interregional transmission, permitting reform, and grid-enhancing technologies. Hear updates on FERC policies affecting transmission development, including Order No. 1920 implementation and challenges stemming from FERC's support for competitive bidding of transmission. Explore industry approaches to cost allocation disputes, rate incentives, and transmission affordability proceedings and the problematic situation of competitive providers essentially breaching agreements.

Today's public power leaders face a range of evolving employment law challenges that extend far beyond traditional HR issues. This session will explore key legal considerations related to executive performance evaluations, managing and documenting employee performance issues, the growing use of artificial intelligence in the workplace, and navigating employee use of emerging technologies. Attendees will gain practical guidance, real-world examples, and strategies for reducing legal risk while fostering accountability, transparency, and effective workplace management.

The rapid growth of data centers, advanced manufacturing facilities, and other large electric loads is creating both opportunities and challenges for public power utilities. As communities compete for economic development, utilities must navigate a complex landscape of legal, regulatory, contractual, and policy considerations. This session will explore key issues including service agreements, cost allocation, transmission and generation obligations, infrastructure investment, reliability requirements, rate design, cost recovery, and risk management.

Fuel up for another day with a powerful boost of caffeine and meaningful connections at this informal continental breakfast and seize the opportunity to ignite valuable conversations with sponsors and your fellow attendees.

Ignite empowering connections as you join a vibrant gathering of women in public power, fostering engaging conversations that unravel shared challenges, embrace exciting opportunities, and propel our industry forward.

APPA Chair's Address

Keynote Address: Update on NERC Reliability and Security Priorities 

Get a rundown of the latest regulations and federal legislative action, and how each could affect public power operations now and in the future. Learn what issues APPA is focused on in Washington, D.C., and how policy priorities may change due to the midterm elections.

Pole attachments continue to be a significant legal, regulatory, and operational issue for public power utilities as demand for broadband deployment, fiber expansion, wireless infrastructure, and grid modernization accelerates. This session will examine current developments in pole attachment law and policy, including attachment agreements, rate methodologies, make-ready requirements, pole replacement costs, access disputes, safety and reliability concerns, and evolving federal and state regulatory initiatives.

As electric bills remain top of mind for many consumers, states are implementing legislation aiming to maintain affordability for existing customers. Review state policies, including Florida's SB 1532, California's cap-and-invest extension, and Massachusetts H. 5151, and the legal challenges these policies could present, from federal preemption to takings claims and due process issues with ROE caps. Discuss the implications for public power practitioners and the communities you serve.

The Treasury regulations on private use set in 2002 did not foresee the type of new large retail loads the industry is facing today. Walk through the specific challenges these regulations pose on development and get practical recommendations for addressing them. Learn what is being done and considered at the federal level, including in Congress and at the Treasury, to adjust for modern development needs.

Explore what the Trump administration's reversal of Biden-era workplace inclusion policies means for employment law. From new EEOC and DOL focus areas, including protections for white males and religious accommodations, to changes around DEI programs and transgender employee protections – the landscape has shifted. Also discuss changes to independent contractor classifications and how the rise of AI in workplaces is affecting the legal landscape.

Get an update on the rapidly evolving world of global business and international trade, including how tariffs and regulations have shifted regulatory compliance requirements and procurement procedures. Review a run-down of how various tariff developments and compliance demands over the past year are affecting the global trade landscape and utility procurement overall. Learn guidance for how lawyers and clients can adapt and effectively ensure procedures align with the latest regulations.

Artificial intelligence is rapidly moving from experimentation to everyday business use, creating new opportunities—and new legal, regulatory, and ethical challenges. From data privacy and cybersecurity to bias, transparency, and accountability, public power utilities must establish clear governance frameworks that enable innovation while managing risk. This session will explore emerging AI regulations, ethical considerations, board and management responsibilities, and practical steps utilities can take to develop policies for the responsible use of AI.

Unwind with friends at a relaxed reception. Connect with fellow attendees, share conversations, and create lasting memories.

Seize the final networking opportunity of the conference as you gather with your peers at this informal continental breakfast. Don’t miss out on this opportunity to foster connections that will endure after the conference ends.

Join a candid discussion with general counsel from public power utilities and joint action agencies as they share the legal, regulatory, and business challenges demanding their attention today. From cybersecurity and artificial intelligence to reliability, environmental compliance, workforce issues, data centers, litigation risks, and evolving federal and state policies, panelists will discuss the issues creating the greatest uncertainty—and the greatest opportunity—for public power.

Serving the public interest is at the heart of public power, making ethics and integrity essential to effective leadership and governance. As utilities face increasing scrutiny, technological change, cybersecurity risks, and evolving stakeholder expectations, ethical decision-making has never been more important. This closing session will explore real-world ethical challenges facing public power leaders, including transparency, conflicts of interest, artificial intelligence, procurement, data privacy, regulatory compliance, and board governance.