Hot Topics in Energy Law: Legal and Regulatory Developments

Synopsis

An experienced faculty of prominent legal practitioners and regulators provide a timely update on the watershed of activity seen in the energy sector, ranging from legal to regulatory initiatives on the state and federal levels, to developments in the financial arena.



Outline

I. Hot Topics in Energy Law
    A. Introductions
    B. Regulatory Framework
    C. New York Energy Issues
        1. Role of the NY PSC
        2. Role of NYISO
        3. Demand-Side Resources
        4. Emerging Energy Issues
    D. NY City Energy Developments
        1. Comprehensive Plan Overview
        2. Transmission Projects
        3. Distributed Generation Projects
        4. Renewable Portfolio Standard
        5. Litigation
        6. Shale Development
    E. Federal Energy Regulatory Issues
        1. Goals of Energy Policy
        2. Pillars of Electric Industry
        3. Major Components of FERC Order 1000
        4. Public Policy
        5. Cost Allocation Dispute
        6. Generation
        7. PSC Rules for Retirement and Mothball
        8. Issues
        9. Demand Response
    F. Credit Reform, Dodd-Frank and the CFTC
        1. Background
        2. Swap Dealers
        3. Major Swap Participants
        4. Substantial Positions
        5. Impact of Rules
    G. Panel and Audience Discussion
        1. Economic Impact
        2. Overlapping and Competing Jurisdictions
        3. Effect of Natural Gas Conversions
    H. Wrap-Up
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The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.


 





Speakers / Authors:

Photo of Robert E. Curry, Jr.

Robert E. Curry, Jr.
NY State Public Service Commission

Robert Curry was appointed a Commissioner of the New York State Public Service Commission in 2006 for a term that runs through February 1, 2012. Secretary Steven Chu named him to the Electricity Advisory Committee for the US Department of Energy in 2010 where he is a member of the Transmission and Smart Grid Subcommittees. A member of the National Association of Regulatory Utility Commissioners, he is Vice-Chair of its LNG Partnership with the Department of Energy. For the Middle Atlantic Conference of Regulatory Utility Commissioners, he is Co-Chair of its Committee on Natural Gas. In addition, at Columbia University, Mr. Curry is a frequent speaker on energy issues and a Member of the Board of Advisors of its law school’s Center on Corporate Governance. He also participates in the New York City Energy Planning Board, the Harvard Electricity Policy Group and other power industry and regulatory activities.

Prior to his appointment, Mr. Curry was a lawyer in private practice, with an emphasis on corporate governance, transactional and financing work. During his legal career, Mr. Curry has been a partner at several law firms, including Heller Ehrman, Sonnenschein, and Dickstein. In addition to his law firm experience, he was Senior Vice President and General Counsel of Covanta Holding Corporation (formerly Odgen Corporation) during its transformation from aFortune 150 industrial company to a Fortune 50 services company. At Covanta and thereafter, Mr. Curry had extensive involvement with PURPA projects in renewable generation, both in hydro-electric and waste-to-energy, and with the transportation of LNG and other petroleum products. He has also worked in the field of offshore exploration and production of hydro-carbons in the Gulf of Mexico.

Mr. Curry has served as General Counsel of the Foundation for Early Lung Cancer Detection, as Secretary of the US-China Chamber of Commerce and as a member of the Audit Committee of the Friendly Sons of St. Patrick in the City of New-York. A Co-Founder of the Metropolitan New York Chapter of the Association of Corporate Counsel, he later served as its president.

Mr. Curry received his J.D. in 1970 from Columbia University School of Law and his B.A.degree in 1967, with honors, from Georgetown University.

Photo of Michael J. Delaney

Michael J. Delaney
NYC Economic Development Corp.

Michael Delaney is the Director of Regulatory Affairs for the Energy Policy Department of Mayor Bloomberg’s Office. Mr. Delaney has been an advocate for the City of New York on a wide range of energy-related issues since 2002, and regularly appears before federal and New York State energy regulatory agencies.

He is a graduate of Georgetown Law School, and has had an extensive background in environmental and trade regulation law in both California and New York.

Photo of Natara G. Feller

Natara G. Feller
Law Offices of Natara G. Feller

Natara G. Feller focuses her law practice on energy and public utility law. She regularly counsels clients on regulatory, transactional, compliance and enforcement matters involving the Federal Energy Regulatory Commission (FERC) and state utility commissions. Ms. Feller also advises clients on the requirements of the the North American Electric Reliability Council (NERC)'s mandatory Reliability Standards, the Federal Power Act, the Natural Gas Act, the Energy Policy Act of 2005, the Public Utility Holding Company Act, the Public Utility Regulatory Policy Act, and state and federal rules and regulations affecting the energy sector.

Ms. Feller's clients have included power marketers, natural gas companies, public utilities, energy service companies, financial institutions, renewable power developers and qualifying facilities. Prior to practicing law in the private sector, Ms. Feller served as an Attorney-Advisor with the FERC Office of Administrative Law Judges.

Ms. Feller is admitted to practice in New York, New Jersey and the District of Columbia. Ms. Feller graduated cum laude from Pace University School of Law in 2005 and earned a certificate in Environmental Law. Ms. Feller earned her B.A. in Environmental Studies and History in 1997 from Binghamton University.

 

Photo of Anita M. Herrera

Anita M. Herrera
Nodal Exchange LLC

Anita Herrera oversees legal, compliance and regulatory matters for Nodal Exchange since joining the company in 2008. She was previously the founder and Managing Partner of OTC Legal, LLC focusing on energy derivatives trading issues. She was an attorney for both the Commodity Futures Trading Commission and the Federal Regulatory Energy Commission. Ms. Herrera was formerly Trading Counsel for Statoil Energy and was Counsel for the law firms of McGuireWoods and Sutherland.

She is an active member of the bar in Virginia and Washington, D.C., and a Certified Public Accountant (inactive). Ms. Herrera earned a J.D. in 1992 from Temple University Beasley School of Law and a B.B.A. in 1980 from the College of William & Mary.

Photo of Richard B. Miller

Richard B. Miller
Con Edison

Richard Miller is Director of the Energy Markets Policy Group at Con Edison where he is responsible for federal energy policy issues, particularly as they relate to the operation of wholesale markets and the bulk electric transmission system. Previously, he was an assistant general counsel in the regulatory services department at Con Edison where he worked on legal matters relating to the Con Edison steam system, renewable power and energy efficiency. From 1998-2003, he was Senior Vice-President for Energy at the New York City Economic Development Corporation, where he oversaw City energy policy.

Prior to 1998, he was an energy regulatory attorney for Cohen, Dax & Koenig in Albany, New York, and a litigation associate at Cohen, Weiss and Simon and Sullivan & Cromwell in New York City. He received his J.D. in 1987 from New York University and his B.A. in 1980 from Amherst College.

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Details

Course Code : 773133

Release Date: 8/14/2012 12:00:00 AM
Recorded Date: 5/14/2012
Length: 2hr 30min
Format Type: Video

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