Understanding the Current Pole Attachment Environment: A Legal, Regulatory, and Practical Overview

Preconference Seminar

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.

Speakers

Sean Stokes Headshot
Sean Stokes
Partner | Keller and Heckman, LLP

The Revolution of Employment Law

In-House
Breakout

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.

Speakers

James Plunkett Headshot
James Plunkett
Shareholder | Ogletree Deakins

Navigating Private Use Implications of New Large Loads

Regulatory
Breakout

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.

Speakers

Stephen Watson Headshot
Stephen Watson
Partner | Norton Rose Fulbright US LLP

Legal Considerations for Public Power in Electric Affordability State Legislation

In-House
Breakout

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.

Speakers

Sean Neal Headshot
Sean Neal
Shareholder | Duncan, Weinberg, Genzer & Pembroke

Federal Regulatory and Legislative Update

General Session

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.

Speakers

Latif Nurani Headshot
Latif Nurani
American Public Power Association | American Public Power Association
Des Waterhouse Headshot
Des Waterhouse
Senior Vice President of Advocacy & Communications & General Counsel | American Public Power Association

APPA Chair's Address

General Session

APPA Chair's Address

Keynote Address: Update on NERC Reliability and Security Priorities 

Legal Issues Pertaining to Data Centers and Large Loads

General Session

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.

Speakers

John Hutchinson Headshot
John Hutchinson
Partner | Nixon Peabody
Carmen Thomas Headshot
Carmen Thomas
Chief Legal Officer and General Counsel | Santee Cooper

Federal Regulations and the Future of Competitive Transmission

Regulatory
Breakout

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.

Speakers

Jane Luckhardt Headshot
Jane Luckhardt
General Counsel | Northern California Power Agency

EPC Risk Mitigation for Public Power: Designing Contracts that Survive Reality

In-House
Breakout

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.

Speakers

Penny Speake Headshot
Penny Speake
Attorney/owner | Midwest Construction and Utility Law, LLC

Reforming Permitting for Energy Infrastructure

Regulatory
Breakout

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.

Speakers

Eric Christensen Headshot
Eric Christensen
Principal | Beveridge & Diamond LLP
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