Speaker Bios - Energy Bar Association

Conference Speaker Bios
EBA Mid-Year Meeting & Conference
November 4-5, 2014
Phil Assmus
Phil Assmus is a Senior Staff Associate at NACAA, the National Association of
Clean Air Agencies. NACAA’s members, which include air pollution control agencies
from 42 states, 116 metropolitan areas and 4 territories, have primary responsibility
under the Clean Air Act to implement our nation’s air pollution control programs.
Mr. Assmus serves as the primary NACAA staffer for matters related to global
warming, enforcement and compliance, agriculture and training. Much of his work
concerns NACAA’s efforts to provide state and local air regulators with resources to
develop and implement Section 111(d) plans, under which EPA has proposed
greenhouse gas reductions from the power sector.
Prior to joining NACAA, Mr. Assmus practiced environmental law at a large
Washington, DC law firm. He also spent three years working as a legislative staffer on
Capitol Hill, primarily for members of the South Dakota congressional delegation, his
home state. Mr. Assmus holds physics degrees from Luther College and Oxford
University. He attended Harvard Law School and was awarded a J.D. in 2010.
Commissioner Norman C. Bay
Norman C. Bay was nominated by President Barack Obama to the Federal
Energy Regulatory Commission in January 2014 and was confirmed by the
U.S. Senate for a term that expires June 30, 2018.
From July 2009 to July 2014, Commissioner Bay was the Director of the
Office of Enforcement (OE). Under his leadership, OE enhanced its ability
to conduct market oversight and surveillance and to investigate
wrongdoing. OE created a Division of Analytics and Surveillance that
designs and employs innovative algorithms to screen the markets on a daily
basis to detect potentially improper conduct. OE successfully investigated
allegations of manipulation of the gas and electric markets, and the
Commission approved settlements that returned almost $1 billion to
ratepayers and taxpayers. OE also led several inquiries into major
reliability events, including the Arizona-Southern California outages of
September 8, 2011, and issued reports that contained dozens of findings
and recommendations. This work protected consumers, enhanced the
integrity of the markets, and improved grid reliability. In December 2013, a
leading energy publication listed Commissioner Bay as one of the 10 most
influential people in energy.
Before coming to FERC, Commissioner Bay was a Professor of Law at the
University of New Mexico School of Law, where he taught Criminal Law,
Evidence, and Constitutional Law. He was named Dickason Professor of
Law, and UNM students voted him “Best Law Professor.” Commissioner Bay
served in the Department of Justice from 1989 to 2001. From 1989 to 2000,
he was an Assistant U.S. Attorney in the District of Columbia and New
Mexico. From 2000 to 2001, he was the U.S. Attorney in the District of New
Mexico, having been nominated by President Clinton and confirmed by
unanimous consent of the Senate. Prior to his Justice Department service,
Commissioner Bay was an Attorney-Adviser in the Office of Legal Adviser at
the State Department. He also clerked for the Hon. Otto R. Skopil of the
U.S. Court of Appeals for the Ninth Circuit in Portland, Oregon.
From 2013 to 2014, Commissioner Bay was a member of the NCAA Division I
Committee on Infractions.
Commissioner Bay is from New Mexico. He is a graduate of Dartmouth
College and Harvard Law School. He and his wife, Yuri, live in Washington,
D.C.
Current Term:
Sworn In: August 4, 2014
Term Expires: June 30, 2018
Staff:
Laura C. Vendetta, Confidential
Assistant
Robert Kennedy, Advisor
Tatyana Kramskaya, Advisor
Janel Burdick, Advisor
Benjamin Williams, Program Analyst
Contact Information:
202-502-8000
Suite 11-E
888 First Street, NE
Washington, DC 20426
Glen Boshart
Glen Boshart has more than 20 years' experience analyzing and offering
extensive news coverage of the legal, regulatory and competitive
developments that impact the electric utility industry. Areas of expertise
include the Federal Energy Regulatory Commission, the U.S. EPA, federal
courts and Congress.
In early 1993, he helped found the Foster Electric Report, and then developed
it into a highly respected energy trade publication that eventually was
acquired by SNL Energy in 2007. At SNL, he continues to lead a team of
journalists charged with offering in-depth coverage of policy, regulatory and
legal issues having broad impacts on the power industry. Glen has also written
op-eds on important issues of the day, spoken at industry conferences, and
been interviewed for newscasts. He earned a BA in political science from the
University of California at Berkeley.
Thomas Burgess
North American Electric Reliability Corporation
Vice President and Director of Reliability Assessment and Performance Analysis
Thomas Burgess joined the North American Electric Reliability Corporation (NERC) on January
16, 2013 in the Atlanta, Georgia office as Vice President and Director of Reliability Assessment
and Performance Analysis. Mr. Burgess most recently worked at FirstEnergy Corporation,
serving as Executive Director, Integrated System Planning and Development, where he was
responsible for developing strategic plans that maximize value for the transmission and
generation business segment, as well as developing integrated planning strategies that optimize
transmission and generation. Prior, he worked for the Ohio Edison Company and the
Pennsylvania Power Company, serving in numerous engineering, planning, regulatory and
transmission policy positions.
Additionally, Mr. Burgess has participated in many NERC efforts, including serving on the
Member Representatives Committee and as a former Chair of the NERC Planning Committee.
Mr. Burgess holds a B.S. in Electric Power Engineering from Rensselaer Polytechnic Institute, a
M.S. in Electrical Engineering from University of Akron, and J.D. from the University of Akron
Law School.
Biography - Bruce B. Campbell
President and Chief Executive Officer
Bruce Campbell is President and Chief Executive
Officer of the Independent Electricity System Operator.
Under Mr. Campbell's leadership, the IESO oversees
the safe and reliable operation of Ontario's bulk
electrical system − one of the most diversified, reliable
and efficient markets in the world.
Mr. Campbell has over 30 years of regulatory and
executive experience in the energy sector. In his most
recent position as Vice President of Resource
Integration, Mr. Campbell oversaw preparations in
power system operations for the integration of wind and solar generation in the province.
Recruited from a successful legal career, where he regularly appeared before the Ontario
Energy Board and other tribunals, Mr. Campbell joined the IESO as Vice President, Regulatory
and Legal Affairs in 2000. Since that time Mr. Campbell has taken on an increasingly wide range
of executive responsibilities.
In addition, Mr. Campbell serves on NERC's Member Representative Committee and on the
ISO/RTO Council, which works to develop effective processes, tools, and standard methods for
improving competitive electricity markets across North America.
A member of the Law Society of Upper Canada, Mr. Campbell also holds the Institute of
Corporate Directors ICD.D (Certified Director) designation.
David F. Ciarlone,
Manager, Global Energy Services
Alcoa Inc.
David Ciarlone has been producing, selling,
buying and managing energy for over 30
years. Since 2005, Dave shares accountability
for managing Alcoa’s North American energy
requirements – 45 BCF of natural gas and 2.6
TWH of non-smelting electricity annually. He
also consults with his colleagues who manage
the balance of Alcoa's global energy spend
and shape Alcoa’s positions on energy policy.
Through the course of his career, Mr. Ciarlone
has worked for an electric utility, including
twelve years in commercial nuclear power; an
energy marketer; an energy managementconsulting firm; and an industrial end-user. He
has accumulated experience on energy
regulatory dockets and legislative initiatives at
the federal level and in several states.
While deeply engaged in helping Alcoa realize over $60 million in energy procurement cost
savings since 2005, Dave’s responsibilities have focused increasingly on energy policy
aimed at strengthening the position and competitiveness of large industrial employers.
Dave has led regulatory intervention efforts in Iowa and Pennsylvania, and he has played a
central role in crafting and passing legislation on issues involving regulatory and market
structure, energy efficiency, and infrastructure maintenance and funding in Michigan, Ohio
and Pennsylvania. At the federal level, Dave has focused on strengthening industrial
customer protections under the Natural Gas Act, and in Federal Energy Regulatory
Commission’s regulation of the infrastructure, operations, and information security
challenges posed by natural gas’s growing role as a fuel for generating electricity. He has
appeared and testified before FERC, the Iowa Utilities Board, the Pennsylvania Public Utility
Commission and the General Assemblies of both Ohio and Pennsylvania highlighting the
risks and opportunities industrial end-users face in today’s rapidly changing environment.
Mr. Ciarlone has been outspoken in public forums calling upon the gas industry to openly
acknowledge and own its responsibility to insure shale gas is developed in a manner that
maintains the public’s permission to harvest this vital resource long into the future.
David currently serves as the President, Process Gas Consumers Group; President, Ohio
Energy Group; and is a Past President of the Industrial Energy Consumers of Pennsylvania.
Mr. Ciarlone earned a B.S. in Mechanical Engineering from the University of Notre Dame,
and an M.S. in Nuclear Engineering from the Pennsylvania State University, under a D.O.E.
Radioactive Waste Management Fellowship. David holds U.S. and foreign patents for
radiation shielding design and he has published or edited several technical articles.
Judge Carmen A. Cintron was appointed to the FERC in December 1999. Prior to
joining the FERC Judge Cintron was Hearing Office Chief of the Atlanta North Office of
Hearings and Appeals, Social Security Administration. As Hearing Office Chief, Judge
Cintron was the chief management official responsible for the operations of a hearing
office comprised of nine Administrative Law Judges, two Senior Administrative Law
Judges and a support staff of fifty employees (attorneys, paralegals and technicians). She
became an Administrative Law Judge in April 1994 appointed to the San Jose, California
Hearing Office with the Social Security Administration.
Judge Cintron was an attorney at the Federal Communications Commission (FCC) for 14
years. For 12 of those years she served in the FCC’s Common Carrier Bureau. Judge
Cintron also worked as a Trial Attorney for the Puerto Rico Justice Department in the
Federal Litigation Division. In addition, she worked in the Puerto Rico House of
Representatives as Legal Advisor to the Judiciary Committee on Civil Law.
Judge Cintron has a bachelor's degree in business administration, magna cum laude and a
Juris Doctor degree, cum laude, from the University of Puerto Rico. She was the
recipient of the Resumil Award for the highest cumulative average in criminal law.
While in law school, she was an intern in the U.S. Attorney's office in San Juan, Puerto
Rico. She also worked in the Clerk's office in the U.S. Federal District Court for Puerto
Rico implementing the Speedy Trial Act for both the Puerto Rico and Saint Thomas
Federal District Courts.
Judge Cintron is a member of the bars of the District of Columbia and Puerto Rico, and is
admitted to practice before the U.S. District Court for Puerto Rico, the U.S. Court of
Appeals for the First Circuit, the U.S. Ct. of Appeals for D.C. and the U.S. Supreme
Court. In April 2014, she was appointed to serve a two-year term as a volunteer
arbitrator for the DC Bar Attorney Client Arbitration Board Fee Arbitration Service. She
served two terms as a Hearing Committee member and subsequently as a Board member
from 2009-2012 of the Board on Professional Responsibility of the District of Columbia
Court of Appeals. Until recently, she served as the Mount Vernon representative to the
Fairfax County Commission on Organ and Tissue Donation and Transplantation.
Previously she served as an officer of the D.C. Hispanic Bar Association.
Judge Carmen A. Cintron
Judge Carmen A. Cintron was appointed to the FERC in December 1999. Prior to joining the FERC Judge
Cintron was Hearing Office Chief of the Atlanta North Office of Hearings and Appeals, Social Security
Administration. As Hearing Office Chief, Judge Cintron was the chief management official responsible for
the operations of a hearing office comprised of nine Administrative Law Judges, two Senior
Administrative Law Judges and a support staff of fifty employees comprised of attorneys, paralegals and
technicians. She became an Administrative Law Judge in April 1994 appointed to the San Jose, California
Hearing Office with the Social Security Administration.
Judge Cintron was an attorney at the Federal Communications Commission (FCC) for 14 years. For 12 of
those years she served in the FCC's Common Carrier Bureau. Judge Cintron also worked as a Trial
Attorney for the Puerto Rico Justice Department in the Federal Litigation Division. In addition, she
worked in the Puerto Rico House of Representatives as Legal Advisor to the Judiciary Committee on Civil
Law.
Judge Cintron has a bachelor's degree in business administration, magna cum laude and a Juris Doctor
degree, cum laude, from the University of Puerto Rico. She was the recipient of the Resumil Award for
the highest cumulative average in criminal law. While in law school, she was an intern in the U.S.
Attorney's office in San Juan, Puerto Rico. She also worked in the Clerk's office in the U.S. Federal District
Court for Puerto Rico implementing the Speedy Trial Act for both the Puerto Rico and Saint Thomas
Federal District Courts.
Judge Cintron is a member of the bars of the District of Columbia and Puerto Rico, and is admitted to
practice before the U.S. District Court for Puerto Rico, the U.S. Court of Appeals for the First Circuit, the
U.S. Ct. of Appeals for D.C. and the U.S. Supreme Court. She is on her second term as a Hearing
Committee member of the Board on Professional Responsibility of the District of Columbia Court of
Appeals. Previously she served as an officer of the D.C. Hispanic Bar Association.
Commissioner Tony Clark
Commissioner Tony Clark is serving his first term on the Commission, having
been nominated by President Obama and sworn in on June 15, 2012. A
Republican, he is serving out a five-year term that expires June 30, 2016.
Commissioner Clark formerly served as a member of the North Dakota
Public Service Commission, most recently as Chairman of the Commission.
The office is a statewide elective office, and Commissioner Clark was first
elected to the PSC in 2000.
While at the North Dakota Commission, Commissioner Clark held the PSC
portfolio on electric generation and transmission and was active in state
and regional efforts to develop North Dakota’s vast energy exporting
potential and to provide affordable, reliable energy to consumers. In his 12
years at the Commission, he oversaw regulatory proceedings that permitted
more than $5.5 billion in new investment in North Dakota through
expanded wind, coal and oil and gas infrastructure. At the same time North
Dakota maintained its position as one of the lowest cost energy states in
the nation, and continued its tradition of excellence in environmental
protection.
In November 2010, Commissioner Clark was elected by his peers across the
nation to serve a one-year term as President of the National Association of
Regulatory Utility Commissioners (NARUC), and led association efforts on
matters of importance to the regulatory community and America’s utility
consumers. He is a past Chairman of the NARUC Telecommunications
Committee and has testified multiple times before Congress on matters
related to telecommunications and energy.
Prior to his election to the PSC, Commissioner Clark was North Dakota’s
Labor Commissioner, serving in the cabinet of former Gov. Ed Schafer. He
is a former state legislator, representing Fargo in the state House of
Representatives from 1994-97.
Commissioner Clark is a graduate, with honors, from North Dakota State
University and he holds an MPA from the University of North Dakota.
Having attained the rank of Eagle Scout as a youth, Commissioner Clark has
maintained his involvement with and support of the Scouting program. He
is a past Chairman of the Frontier Trails District of the BSA and a past
Cubmaster of Pack 180 in Bismarck.
Commissioner Clark and his wife, Amy, have three children.
Sworn In: June 15, 2012
Term Expires: June 30, 2016
Staff:
Robin Meidhof, Legal Advisor
Robin Lunt, Legal Advisor
Nicholas Tackett, Technical Advisor
Meghan Estenson, Confidential
Assistant
Contact Information:
202-502-6501
Suite 11-D
888 First Street, NE
Washington, DC 20426
Judge David H. Coffman
Office of Administrative Law Judges and Dispute Resolution
Federal Energy Regulatory Commission
Washington, D.C.
Judge David H. Coffman is a graduate of Southern Methodist University (B.A. in English, 1964)
and Harvard Law School (J.D. 1967). He served in the U.S. Army during 1967-1970, ending his
active service as a First Lieutenant.
Judge Coffman began his legal career prosecuting white-collar crime for the Department of
Justice, and subsequently went into the private sector, where he litigated complex civil cases and
practiced environmental law. In 1981, he joined the Federal Energy Regulatory Commission,
where he litigated cases in various venues for 25 years, conducting complex administrative
proceedings as Deputy Assistant General Counsel for Enforcement, and defending FERC orders
in the Federal Courts of Appeals.
In May 2005, Judge Coffman was appointed as a Supervisory Administrative Law Judge in the
Arlington, Virginia Region of the Office of Medicare Hearings and Appeals, Department of
Health & Human Services. He was sworn in as an Administrative Law Judge at FERC in
September 2006.
Judge Coffman retired from Federal Service at the end of 2012, but returned to FERC in August
2013, where he was reinstated as an Administrative Law Judge. He currently serves as FERC’s
representative on the Executive Committee of the Federal Administrative Law Judge
Conference.
Jesse A. Dillon
Jesse is Assistant General Counsel for PPL Corporation, a global
energy company based in Allentown, Pa. Since 1986 his practice
has included an array of regulatory and legal issues. He has
represented a number of clients before the Pennsylvania Public Utility
Commission (“PPUC"), the Federal Energy Regulatory Commission
(“FERC”), and various courts. Prior to joining PPL in 1991, he was
associated with the law firm of Morgan, Lewis and Bockius, practicing
almost exclusively before the PPUC. Since joining PPL in 1991, he
has advised PPL Corporation’s subsidiaries on numerous regulatory
and legal issues, and is responsible for coordinating all of PPL’s
practice before the FERC as well as advising PPL subsidiaries on
antitrust and market issues. Jesse also has significant experience in
litigating cases in State and Federal Courts for PPL and was PPL’s
first Litigation Coordinator. Jesse was the first Chairman of the PJM
Power Providers Group (“P3”), an industry association that supports
the development of properly designed and well-functioning markets in
the PJM region, and has spoken at numerous industry seminars and
events.
Katherine B. Edwards
Ms. Edwards has been in private practice
for over thirty years specializing in natural
gas and oil pipeline regulation before the
Federal Energy Regulatory Commission
and federal appellate courts.
She is
currently the managing partner of Edwards
& Floom, LLP, a boutique energy law firm
that she founded in 2012. Edwards &
Floom, LLP represents major and
independent natural gas and oil producers,
marketers, shippers, and end-users on
natural gas and oil pipelines.
Ms. Edwards received a BA degree with honors in mathematics and philosophy from
Randolph-Macon Woman’s College, an MA degree with honors in philosophy from
Memphis State University, and a JD degree from the University of Texas in Austin,
where she was a member of the Texas Law Review.
She has published numerous articles in energy trade publications, been a speaker at
various energy conferences, and has been active in the Energy Bar Association and the
American Bar Association.
She was Chair of the Section of Public Utility,
Communications and Transportation Law, of the American Bar Association, from 19992000. She is a member of the District of Columbia Bar and the Virginia State Bar.
Contact information is below.
Katherine B. Edwards
Edwards & Floom, LLP
1409 King Street
Alexandria, VA 22314
703-549-0888
[email protected]
Dr. Magdy El-Sibaie, Associate Administrator for
Hazardous Materials Safety
Currently the Associate Administrator of the Office of Hazardous
Materials Safety with the U.S. Pipeline and Hazardous Materials Safety
Administration, Dr. El-Sibaie became a graduate Civil Engineer in 1980. He
received his Masters Degree in Structural Dynamics in 1983, followed by
his Ph.D. in Engineering Mechanics from the University of Delaware in
1986.
Starting at the Chicago Technical Center as a senior research fellow, Dr.
El-Sibaie worked for the Association of American Railroads from 1987 until 1995 where he pioneered
new methods of modeling and measuring the dynamic behavior of railroad tracks. His published work on
this subject earned him the 1989 American Society of Mechanical Engineers: Rail Transportation Award.
In 1989 Dr. El-Sibaie joined the Transportation Test Center in Pueblo, Colorado where he worked on
vehicle/track interaction modeling and testing, in-train stability, and the development of load measuring
wheels. He returned to the Chicago Technical Center as Manager of the Track Division in 1993, where he
led the AAR's track assessment and test program.
In 1995, Dr. El-Sibaie joined the Federal Railroad Administration (FRA) as a senior program manager in
the Office of Research and Development where in 1997, he chaired a government-industry working
group that formulated the first set of track and vehicle/track interaction safety standards for high-speed
rail service in the U.S. He later worked jointly with other FRA colleagues, Amtrak, Bombardier and
Alstom to ensure the safe qualification of the Acela high-speed train service along the Northeast
Corridor.
In 1998, he was selected as Chief of Track Research within FRA's Office of Research and Development.
Under his leadership, the Track Research Division managed FRA's track inspection technology
development program, which contributed significantly to the development of improved systems for
measuring track geometry at high speeds.
In 2004 he was appointed as a National Resource to the Office of Railroad Development and in 2007,
was selected as Director of the Office of Research and Development. Since September 2009, Dr. ElSibaie served as Acting Associate Administrator for PHMSA's hazardous materials program.
Johnson Controls, Inc.
Building Efficiency Business
Integrated Demand Resources
901 Campisi Way, Suite 260
Campbell, CA 95008
Kevin R. Evans
VP & GM, Integrated Demand Resources
Johnson Controls, Inc.
Johnson Controls acquired EnergyConnect, Inc. in 2011. Kevin R. Evans joined
EnergyConnect as President, CEO & Board Director in 2009. Prior to EnergyConnect,
Mr. Evans served as SVP & Chief Business Officer for the Electric Power Research
Institute (EPRI). During his tenure at EPRI he led the sales, marketing, customer
service, finance, legal and IT. Prior to EPRI, he was the CFO for PlaceWare, Inc.
where he took the company from a start-up to its merger with Microsoft. Over a career
spanning more than three decades, Mr. Evans has developed an extensive
background including: transportation, banking, manufacturing, distribution services,
communications, technology and energy. In those fields, he held executive officer
level operating and finance positions in businesses ranging from start-ups to Fortune
500 companies. Mr. Evans holds a dual bachelor’s degree in Economics and
Management from Sonoma State University and a master’s in Business
Administration from San Diego State University.
Elias G. Farrah
PARTNER
Washington, D.C.
+1 (202) 282-5503
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SERVICES
Corporate and Transactional
Energy & Environmental
Energy Industry Investigations
& Litigation
Energy Project Development
Energy Sector Transactions
FERC Markets
FERC Transmission
Project Finance
SECTORS
Energy & Utilities
ADMISSIONS
Massachusetts
District of Columbia
EDUCATION
Western New England
University School of Law
JD, 1978
Eli Farrah is a partner in Winston & Strawn’s energy, project
development, and finance group. Mr. Farrah represents electric
utilities and natural gas companies in connection with regulatory
and transactional issues, as well as before state and federal
agencies and courts.
Mr. Farrah’s practice includes the representation of all segments of
the gas and electric industries with respect to a broad range of
regulatory and other legal issues. Mr. Farrah has acted as outside
general counsel to an interstate gas-pipeline company; group
counsel for a consortium of local gas-distribution companies; and
group counsel to a consortium of electric generation companies.
In addition, Mr. Farrah represented all of the transmission owners
in the state of New York with respect to the creation of the NYISO
and continues to represent them before the Federal Energy
Regulatory Commission (FERC) with regard to all NYISO-related
matters. Mr. Farrah also represents other transmission owners with
respect to electric transmission projects, including independent
transmission projects. Mr. Farrah is project counsel to the Atlantic
Wind Connection—a subsea electric transmission project that will
parallel the Mid-Atlantic coast and connect offshore wind
generators to the PJM grid throughout the Mid-Atlantic Region.
This project is expected to cost $5 billion.
Finally, Mr. Farrah represents clients, including financial institutions
and other investors, with respect to the financing of electric
transmission projects, including the recent financing of major new
transmission lines located in Texas and Nevada.
Prior to joining private practice in 1982, Mr. Farrah spent five years
in the Office of General Counsel at FERC, where he held various
trial and supervisory positions, including acting assistant general
counsel for NGPA matters and assistant deputy general counsel in
charge of litigation.
Mr. Farrah received his B.A. from Saint Anselm College in 1973,
and he received his J.D., cum laude, from Western New England
University School of Law in 1978.
HONORS & AWARDS
Mr. Farrah was named as one of Public Utilities Fortnightly’s Top
Utility lawyers of 2011 (Project Development and Federal
Regulation) and was recognized in 2010 by The Energy Daily as
the Most Dynamic Energy Practice for his work on the Atlantic Wind
Connection Project.
PUBLICATIONS
Mr. Farrah is a frequent panelist and lecturer at conferences and
seminars and also authors articles on energy topics.
Co-author: “FERC Order No. 1000: Are the States up
to the Challenge?” Renew Grid (October 2011).
Co-author: “The Aftermath of Primary Power and its
Implications for Independent Transmission in PJM,”
The Electricity Journ al (September 2010).
Co-author: “The Facilitation of Nonincumbent
Transmission Projects,” Law360 (May 2010).
“FERCs Agenda,” Association Highlights (quarterly
column).
Co-author: “Global Legal Group: Questions for the
International Comparative Legal Guide to: Gas
Regulation 2008,” (January 2008).
Co-author: “The Transition to Mandatory Reliability
Standards,” ATLP Highlights (October 2007).
Co-author: “FERC is Serious About Enforcing its
Rules and Regulations—Are Companies Ready?”
ATLP Highlights, (September to October 2007).
Co-author: “FERC Proposes New Transparency Rules
for Intrastate Natural Gas Pipelines,” ATLP
Highlights (July to August 2007).
Co-author: “Transmission Investment Through Pricing
Reform,” ATLP Highlights (July 2007).
Co-author: “The New Era in Transmission
Infrastructure Investment Incentives,” ATLP
Highlights (May 2007).
Co-author: “Update: Transmission Investment Through
Pricing Reform,” ATLP Highlights (April 2007).
Co-author: “FERC’s Order No. 890: Open Access
Transmission Tariff Reform,” ATLP
Highlights (February 2007).
Co-author: “Natural Gas, Changing Roles in the
Natural Gas Industry,” Vol. 2, No. 4 (November, 1985).
Derek Furstenwerth
Senior Director, Environmental Services
Calpine Corporation
Mr. Furstenwerth is responsible for all aspects of Calpine’s Environmental program, including operations
compliance support, development/M&A support, regulatory advocacy at the federal and state levels,
and integration of environmental policy and sustainability principles into corporate strategy. He has 24
years of experience in the Environmental field within the power industry. Prior to joining Calpine in
2012, he worked with GenOn Energy and predecessor companies for 22 years, including 14 years in
management positions. Mr. Furstenwerth earned a Bachelor of Science in Mechanical Engineering from
the University of Texas at Austin.
RISHI GARG
Rishi Garg joined the National Regulatory Research Institute in October 2012 and serves as its
General Counsel and a Principal Researcher. He began his career serving as Policy Advisor to
the Illinois Lieutenant Governor and then as Assistant Attorney General in the Office of the
Illinois Attorney General. He later worked for the Natural Resources Defense Council’s Project
for a Sustainable Federal Energy Regulatory Commission Policy. Prior to joining NRRI, he was
Assistant People’s Counsel in the District of Columbia’s Office of the People’s Counsel. Rishi
received his BA from the University of Illinois in British and English Literature and his JD from
the University of Minnesota Law School. He is admitted to the bar in the State of Illinois and the
District of Columbia.
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Judge Steven A. Glazer
Office of Administrative Law Judges and Dispute Resolution
Federal Energy Regulatory Commission
Washington, D.C.
Judge Steven A. Glazer is a graduate of Massachusetts Institute of
Technology (B.S. in Economics and B.S. in Civil Engineering, 1974) and
New York University School of Law (J.D. 1977). He began his career as
an attorney for the U.S. Department of Energy Office of Hearings and
Appeals and thereafter engaged in private practice in several fields,
including energy law, communications, real estate law, antitrust law and
litigation.
Prior to his judicial appointment, Judge Glazer served in the U.S.
International Trade Commission from 1991 through 2005 as a Staff
Attorney with the Office of Unfair Import Investigations and as an
Attorney-Advisor with the Office of Administrative Law Judges. At the
U.S.I.T.C., he specialized in intellectual property litigation, with a focus
on patents and trademarks, in unfair import proceedings before
Administrative Law Judges pursuant to Section 337 of the Tariff Act of
1930. Judge Glazer is registered as a patent attorney with the U.S. Patent
and Trademark Office.
In 2005, Judge Glazer was first appointed as a Supervisory Administrative
Law Judge for the Office of Medicare Hearings and Appeals of the U.S.
Department of Health and Human Services. He became an Administrative
Law Judge for the Commission in September 2006.
Judge Glazer is a past President of the Federal Administrative Law Judges
Conference, a professional association for the administrative law
judiciary. He currently serves as an Adjunct Professor of Law at the
University of Maryland Francis King Carey School of Law and has
written law review articles on a variety of legal topics.
Joel S. Gordon
Director, Market Policy PSEG Energy Resources & Trade LLC
Chairman, New England Power Pool
Joel serves as the stakeholder elected Chairman of NEPOOL for 2014, and had served as
the Supplier Sector Vice-Chair for the prior two years. He also served as the Chair of the
Budget & Finance Subcommittee of NEPOOL from 2008 through 2013.
Joel serves as the representative for the PSEG companies within the NEPOOL
stakeholder process. He has held similar positions over the past fifteen years with other
generators in NEPOOL, including NRG Energy and PG&E National Energy Group
representing almost 30% of the total installed generation in New England - over 75
different generating assets operating across the entire dispatch range of the power pool.
Before that, Joel was Financial Vice President for independent energy development firms
Eco-Gen Technologies and Bio Development Corporation. He began in the industry as
commercial banker with State Street Bank in Boston. As Vice President in the bank’s
project finance group he focused on lending to alternative energy generation projects,
including hydro, waste, wood and gas-fired cogeneration and also managed the bank’s
portfolio of gas distribution and water utilities.
Joel holds a BA in Economics from Brandeis University and an MBA from Babson
College.
NEPOOL is the principal stakeholder organization for the Regional Transmission
Operator, ISO New England. Organized in 1971 as a tight power pool pursuant to the
New England Power Pool Agreement, NEPOOL has grown to include more than 430
members that include all of the electric utilities rendering or receiving services under the
ISO New England Inc. Transmission, Markets and Services Tariff, as well as independent
power generators, marketers, load aggregators, brokers, consumer-owned utility systems,
demand response providers, developers, end users and a merchant transmission provider.
PSEG Energy Resources & Trade LLC is the trading arm of PSEG Power, marketing the
output of PSEG Power’s 13,000 MW generation fleet, acquiring and hedging fuel and
power, dispatching plants and trading numerous energy related products. PSEG Power is
a direct subsidiary of Public Service Enterprise Group, and is the sister company of
Public Service Electric & Gas Company, New Jersey’s largest and oldest publicly owned
utility founded in 1903 serving 1.8 million natural gas and 2.2 million electric customers.
BARBARA A. HINDIN
Barbara A. Hindin is Associate General Counsel at the Edison Electric Institute
(EEI), where she concentrates on a broad range of federal legislative and
regulatory issues primarily in the areas of transmission, reliability and
cybersecurity. She was part of EEI’s team working on the passage of the Energy
Policy Act of 2005 (EPAct), particularly the mandatory reliability standards
provision. Following the passage of EPAct, she worked with EEI member
companies on the implementation of the Electric Reliability Organization (ERO),
including certification of the ERO and regional entities, approval of mandatory
reliability standards and development of the ERO’s Compliance Monitoring and
Enforcement Program (CMEP). Since then, she has been actively involved in
EEI’s advocacy on reliability issues, with both FERC and NERC, particularly with
regard to compliance and enforcement issues and standards, including the
pending physical security standard.
She also works on transmission issues, including transmission planning, Order
100, rate incentives, and open access issues. She also led EEI’s advocacy efforts
on FERC’s Standards of Conduct and is responsible for EEI’s online training
programs on the FERC Standards of Conduct and Anti-Market Manipulation
rules. She is a founding member of the National Energy Compliance Forum
(NECF), a group of electric utility compliance professionals who share best
practices on compliance issues.
Prior to joining EEI in 1994, Barbara held positions in law firms and in-house legal
departments, including the Atlantic Richfield Company and the Chemical
Manufacturers Association.
Ms. Hindin received her undergraduate degree from the University of Wisconsin
(Madison) and her law degree from UCLA. She is admitted to practice in the
District of Columbia and California.
Phone: 202-508-5019
E-mail: [email protected]
Jacqulynn B. Hugee
Jacqulynn Broughton Hugee, Assistant General Counsel, PJM Interconnection, L.L.C. She has
over 20 years of experience in the legal profession, 15 years representing utilities, including 8 years in
the electric power industry.
In her role as PJM Assistant General Counsel,
Ms. Hugee is responsible for supporting PJM in
the functional areas of its energy, ancillary
service and capacity markets, demand
response, financial transmission rights, tariff
administration, market settlements, credit,
system operations, transmission service and
interregional markets.
Prior to joining PJM, Ms. Hugee was in-house
counsel for American Water Service Company in
Voorhees, New Jersey representing New Jersey
American Water Co., Long Island Water Co. and
numerous other American Water Company
subsidiaries in state and federal regulatory
proceedings,
litigation
and
transactional
agreements, and served as Assistant Secretary
of the companies.
Ms. Hugee is licensed to practice law in New
Jersey and Pennsylvania. She is a member of
the Energy Bar Association, National Bar
Association and Corporate Counsel Women of
Color.
Ms. Hugee earned a degree of Juris Doctor
from Duke University School of Law and a
Bachelor of Arts in Political Science and Black
Studies from Wellesley College.
PJM, founded in 1927, ensures the reliability of
the high-voltage electric power system serving
61 million people in all or parts of Delaware,
Illinois, Indiana, Kentucky, Maryland, Michigan,
New
Jersey,
North
Carolina,
Ohio,
Pennsylvania, Tennessee, Virginia, West
Virginia and the District of Columbia. PJM
coordinates and directs the operation of the
region’s transmission grid, which includes
62,556 miles of transmission lines; administers
a competitive wholesale electricity market; and
plans
regional
transmission
expansion
improvements to maintain grid reliability and
relieve congestion. Visit PJM at www.pjm.com.
Steve Huntoon
Steve Huntoon is the principal of Energy Counsel, LLP, www.energycounsel.com. He is a former President of the Energy Bar Association, the bar
organization of more than 2,200 energy attorneys and professionals.
Over more than 30 years practicing energy regulatory law, Steve has
advised and represented a host of energy companies, including Dynegy, PECO
Energy (an Exelon company), Florida Power & Light (a NextEra Energy
company), ISO New England, Entergy, PacifiCorp, Williston Basin (an MDU
Resources company) and Conectiv (a PHI company).
His roles have included one of the largest reliability standard
investigations, a generation interconnection dispute involving $10 million,
development of PJM and New England capacity markets, interlocking position
compliance, the first coastal wind project in the eastern U.S. (Atlantic City, NJ),
the first commercial wind project in the eastern U.S. (Hazelton, PA), reliability
standard policy development, development of RTOs and organized markets
throughout the U.S., start-up of retail electric marketer (PA), start-up of retail
natural gas marketer (MD and NJ), regulation of LNG facilities, restructuring of
electric and gas utilities in the mid-Atlantic region, restructuring of the electric
utility industry under FERC Order 888, restructuring of the natural gas pipeline
industry under FERC Order 636, and federal cost allocation of a nuclear power
plant.
In addition to having served as President of the Energy Bar Association,
Steve has served as an officer and director of the Foundation of the Energy Law
Journal and a director of The Charitable Foundation of the Energy Bar
Association. Steve has published a number of articles on the energy industry,
and spoken before many industry organizations.
He received his B.A., with honors, from the University of Virginia in 1978,
and his J.D. from the University of Virginia Law School in 1982. He is a member
of the District of Columbia and Pennsylvania Bars.
James P. Johnson Biography
Name: James P. (Jim) Johnson
Title: Assistant General Counsel, Xcel Energy Services Inc.
Education/Awards:
BA, Political Science – Augustana College (SD) (1980)
JD – University of Minnesota (1984)
Chair, Minnesota State Bar Association Public Utility Law Section 2009-10 and 2011-12.
Work Experience: Jim has worked at Northern States Power Company and Xcel Energy
since 1982. Jim worked in a series of business area regulatory positions (natural gas
distribution, transmission and wholesale rates) starting in 1984 and joined the NSP Legal
Department in 1993. NSP became Xcel Energy in 2000 as a result of a merger with New
Century Energies.
Jim represents the Xcel Energy operating companies before FERC on various regulatory and
compliance matters, including Open Access Transmission Tariffs, formula rates (including
ROE and Order 679 incentive issues), FERC compliance audits, Standards of Conduct, and
mandatory NERC electric reliability standards compliance. Jim is now representing Xcel
Energy’s new transcos – Xcel Energy Transmission Development Company and Xcel Energy
Southwest Transmission Company – in their pending formula rate cases at the Commission.
Jim has been a member of the Midwest Chapter of EBA since it was founded.
Other Interests: spending time with family, bicycling, and minor league baseball. Note: the
Minnesota Twins do not qualify as a minor league team even though they have been playing
like one of late.
Michael D. Jones
Jones Gill LLP
6363 Woodway, Suite 1100
Houston, TX 77057
phone: (713) 652-4068
[email protected]
BACKGROUND, EDUCATION AND PRACTICE
Michael D. Jones is a founding partner of Jones Gill LLP, a firm concentrating on
oil and gas matters. He is primarily involved in oil and gas litigation, oil and gas
transactions and commercial litigation.
Before practicing law in Houston, he earned his B.A. from Shimer College in
Illinois and a J.D. cum laude, from the College of Law at the University of Illinois.
He was admitted to practice in Illinois in 1977 and was admitted to practice in
Texas in 1980. Michael was employed with Exxon Company, USA, Akin, Gump,
Strauss, Hauer & Feld, and TransAmerican Natural Gas Corp. before going into
private practice. In 1992, the Texas Board of Legal Specialization certified Mr.
Jones in Oil, Gas & Mineral Law and Civil Trial Law and he has maintained these
certifications to date. He has been an adjunct professor at South Texas College of
Law since 1991 teaching Oil, Gas and Mineral Law. In 1998 and 2009, he received
the Professor Excellence Award. He is co-author of a casebook on Texas Oil &
Gas law. He is a member of the Civil Litigation Section and the Oil, Gas &
Energy Resources Law Section of the State Bar of Texas and the Oil, Gas &
Mineral Law Section of the Houston Bar Association. Michael was elected to the
Council of the OGERL with a term expiring in 2015. He is admitted to practice in
the U.S. Supreme Court, the 5th Circuit, the 11th Circuit, and all of the U.S. District
Courts in Texas. He is the author of numerous papers presented at this seminar as
well as others. Michael is the OGERL Section Report Editor for the 2014-2015
publication year.
Michael D. Jones
Jones Gill LLP
6363 Woodway, Suite 1100
Houston, TX 77057
phone: (713) 652-4068
[email protected]
BACKGROUND, EDUCATION AND PRACTICE
Michael D. Jones is a founding partner of Jones Gill LLP, a firm concentrating on
oil and gas matters. He is primarily involved in oil and gas litigation, oil and gas
transactions and commercial litigation.
Before practicing law in Houston, he earned his B.A. from Shimer College in
Illinois and a J.D. cum laude, from the College of Law at the University of Illinois.
He was admitted to practice in Illinois in 1977 and was admitted to practice in
Texas in 1980. Michael was employed with Exxon Company, USA, Akin, Gump,
Strauss, Hauer & Feld, and TransAmerican Natural Gas Corp. before going into
private practice. In 1992, the Texas Board of Legal Specialization certified Mr.
Jones in Oil, Gas & Mineral Law and Civil Trial Law and he has maintained these
certifications to date. He has been an adjunct professor at South Texas College of
Law since 1991 teaching Oil, Gas and Mineral Law. In 1998 and 2009, he received
the Professor Excellence Award. He is co-author of a casebook on Texas Oil &
Gas law. He is a member of the Civil Litigation Section and the Oil, Gas &
Energy Resources Law Section of the State Bar of Texas and the Oil, Gas &
Mineral Law Section of the Houston Bar Association. Michael was elected to the
Council of the OGERL with a term expiring in 2015. He is admitted to practice in
the U.S. Supreme Court, the 5th Circuit, the 11th Circuit, and all of the U.S. District
Courts in Texas. He is the author of numerous papers presented at this seminar as
well as others. Michael is the OGERL Section Report Editor for the 2014-2015
publication year.
GORDON E. KAISER is an independent arbitrator and mediator in disputes
involving energy contracts and projects including construction and project
finance. He served as Vice Chairman of the Ontario Energy Board for six years.
He has appeared in the courts in six provinces as well as the Federal Court of
Canada and the Supreme Court of Canada. As Counsel and Mediator he has
negotiated over 70 settlements in the energy sector. As Regulator and Arbitrator
he has written over 100 decisions in domestic and international energy disputes.
Gordon has served as a sole Arbitrator, Chairman and Party Nominee in
arbitrations on power purchase agreements, gas supply contracts, project finance,
the construction of transmission lines and the interconnection of solar and wind
generation. He has successfully mediated disputes on multi-year rate plans between a number of public
utilities and their major customers.
Gordon is a panel member at the London Court of International Arbitration, Energy Arbitration Chambers
in Calgary, the Canadian Transportation Agency in Ottawa, the Chartered Institute of Arbitrators, London
England, the JAMS Global Engineering and Construction panel in Washington, DC and the Independent
Electricity System Operator in Ontario.
He has served as an Adjunct Professor at Queens University, the University of Toronto and the Osgoode
Hall Law School. He is a board member at the Energy Bar Association, Washington, DC, Co-Chair of the
Canadian Energy Law Forum and a Managing Editor of the Energy Regulation Quarterly. He was named
Energy Lawyer of the Year by the Energy Law Forum in 2011 and was recognized as one of Canada’s
leading arbitrators and mediators by Chambers Global 2014.
2014-10-07
Susan J. Kraham is the Senior Staff Attorney at Columbia Law School’s Environmental
Law Clinic where she focuses on environment and land use matters. Ms. Kraham has
been the lead Clinic attorney on natural gas infrastructure cases. She has been involved
in a number of state court cases addressing the authority of local government to adopt
zoning regulations relating to hydraulic fracturing and its associated practices. She was
part of the team that successfully challenged Pennsylvania’s efforts to strip local
government of its zoning authority as it relates to fracking and is also part of the litigation
team for a pending New York Court of Appeals case raising similar issues. Ms. Kraham
also works on clean water and domestic and international extractive industry projects.
On the international front, Ms. Kraham has partnered with non-governmental
organizations to analyze and assess the environmental impacts of mineral extraction and
large scale land acquisition contracts.
Prior to joining the Clinic faculty, Ms. Kraham was Counsel at New Jersey Audubon
Society and a member of the Clinical faculty at Rutgers Law School – Newark. She
graduated from Columbia Law School and earned her Masters in Urban Planning from
New York University’s Wagner School. She was a member of the first coeducational
class at Columbia College. After law school graduation, Ms. Kraham clerked for the
Honorable Gary Stein of the New Jersey Supreme Court. Ms. Kraham also served as a
Skadden Fellow and an Echoing Green Fellow.
Suedeen G. Kelly
Education
Partner
[email protected]
Washington, D.C.
T +1 202.887.4526
F +1 202.887.4288
J.D., Cornell Law School, cum
laude, 1976
B.A., University of Rochester,
with distinction, 1973
Bar Admissions
District of Columbia
Court Admissions
U.S.C.A., 9th Circuit
U.S.C.A., 10th Circuit
Areas of Experience
Energy Regulation, Markets and Enforcement • Electric
Infrastructure and Markets • Distributed Generation • Natural Gas
and Oil • Renewable Energy Regulation • International Energy
Regulation and Policy • Strategic Advice • Energy Efficiency and
Smart Grid • Energy • North America
Suedeen G. Kelly is co-chair of the firm’s energy regulation, markets and
enforcement practice.
Practice & Background
Ms. Kelly is an internationally-recognized energy industry veteran and
former Commissioner with the Federal Energy Regulatory Commission
(FERC). She represents a variety of clients in the electric and natural gas
industries on business, regulatory, litigation, enforcement and policy
matters such as electricity and gas markets, renewable energy, electricity
transmission, natural gas and oil infrastructure, LNG, electricity reliability
standards, hydro licensing, carbon emissions, smart grid, energy
efficiency and distributed generation. Ms. Kelly’s knowledge of the
national electricity and natural gas industries includes significant
experience in infrastructure development and operation, market
structures and financial products, emerging technologies, federal and
state laws and regulations, impending policy changes and
domestic/international market interrelations. She is an experienced
litigator on energy and environmental matters in federal and state courts.
Nominated by Presidents Bush and Obama to three terms as FERC
Commissioner, Ms. Kelly resolved 7,000 disputes with published
Commission decisions and personally authored 100 separate statements
U.S.C.A., D.C. Circuit
U.S.D.C., District of New
Mexico
U.S.D.C., District of Columbia
during her tenure. She is credited with spearheading change in numerous regulatory policies, including
transmission interconnection and planning reform, integration of renewables into the grid, deployment of
smart grid technology to the transmission grid, the inclusion of smart grid demonstration grants in the
stimulus effort, and natural gas quality standards. Ms. Kelly created a smart grid collaborative effort
between FERC and the association of state regulators to promote technology deployment and helped to
grow membership to 30 states. She also pioneered internal strategic planning efforts to enable market
reforms to adapt to new Congressional proposals regarding carbon emissions; demand response and
efficiency; smart grid and hydrokinetic resources; offshore turbine and photovoltaic technologies.
In addition to her time at FERC, Ms. Kelly served as regulatory counsel for the California Independent
System Operator and was a law professor at the University of New Mexico School of Law where she taught
energy law, utility regulation, administrative law and legislative process. In 1999, Ms. Kelly worked as a
legislative aide to Sen. Jeff Bingaman (D-NM), then the ranking member of the Senate Energy & Natural
Resources Committee. She also served as chairwoman and commissioner for the New Mexico Public
Service Commission, in the private practice of law in New Mexico and Washington, D.C. law firms, and as
an attorney for the Natural Resources Defense Council.
Public Service
•
Commissioner, Federal Energy Regulatory Commission (2003-2009)
•
Legislative Aide, Sen. Jeff Bingaman (D-NM) (1999)
•
Chair and Commissioner, New Mexico Public Service Commission (1983-1986)
•
National Institute of Standards and Technology, Smart Grid Advisory Committee (2010-2013)
Community Involvement
•
Member, Board of Directors, UIL Holdings (2011-present)
•
Member, Board of Directors, Access Midstream Partners (2010-present)
•
Member, Board of Directors, Tendril (2010-12)
•
Advisory Board, The Perfect Power Institute, Chicago, IL (2011-present)
•
Advisory Board, Gridquant, Columbus, OH (2013)
•
Dean’s Advisory Council, Hajim School of Engineering, University of Rochester, Rochester, NY
(2012-present)
•
Advisory Council, Women’s Council on Energy and Environment (2008 – 2012)
•
Board Member, Charitable Foundation of the Energy Bar Association (2010-2013)
•
Member, Task Force on Policy and Coordination, American Bar Association Section of
Environment, Energy and Resources (2011)
•
Council Member, American Bar Association Section of Administrative Law and Regulatory Practice
(2010-2012)
•
Council Member, American Bar Association Section on Environment, Energy and Resources
(2000-2003)
J a m e s Y. ( J i m) K err I I
Executive Vice President, General Counsel and Chief Compliance Officer • Southern Company
Jim Kerr is executive vice president,
Kerr was a member of the North
general counsel and chief compliance
Carolina Utilities Commission, which
officer of Southern Company, which
regulates the rates and services of
serves 4.4 million customers and is
all public utilities in the state, for
one of America’s largest electricity
eight years. He served as president
providers. Kerr is the primary legal
of the National Association of
advisor to, and a member of, Southern
Regulatory Utility Commissioners
Company’s management council. As
from 2007 to 2008 and president of
the senior legal officer of the
the Southeastern Association of
company, he leads the Office of the
Regulatory Utility Commissioners
General Counsel, which includes the
from 2002 to 2003.
company’s legal, corporate governance, audit and
compliance functions. He also co-chairs Southern
Kerr is a member of the Georgia Aquarium board of
Company’s internal business assurance council and
directors. He previously served on the board of directors
serves in other risk management roles.
of Consert Inc., a company focused on smart grid
initiatives, and as a member of the board of directors for
Previously, Kerr was a partner at McGuireWoods LLP and
the Electric Power Research Institute.
senior advisor at McGuireWoods Consulting LLC, where
he co-chaired the energy industry team. He joined
He earned a bachelor’s degree, cum laude, from
McGuireWoods in 2008, serving clients in various sectors
Washington and Lee University and a juris doctorate
of the energy industry, including Southern Company.
degree, with honors, from the University of North Carolina
While there, he demonstrated his extensive knowledge
School of Law. Kerr and his wife Frances have two
of federal and state energy policy and regulations as he
children.
represented utilities in base rate, fuel case and facility
certification proceedings. Kerr has also been active in
Atlanta-based Southern Company owns electric utilities
other electric utility matters, including transmission and
in four states and a growing competitive generation
generation siting and development, environmental
company, as well as fiber optics and wireless
regulation, energy efficiency and smart grid.
communications.
Joseph S. Koury
Shareholder
Telephone: 202-393-1200
Email: [email protected]
Joseph Koury has over 30 years of experience representing energy
clients before the Federal Energy Regulatory Commission (FERC),
other federal and state agencies, and appellate courts. His practice
concentrates on oil and gas matters under the Natural Gas Act and
Interstate Commerce Act and related appeals and regulations. Mr.
Koury is recognized as one of the leading oil and gas attorneys in
the nation by Chambers USA and other rating agencies.
Mr. Koury has represented clients in a wide variety of matters,
including gas and oil pipeline rate cases, certificate and
abandonment applications, tariff filings, gas import/export
authorizations, complaint proceedings, compliance counseling,
contract negotiation, jurisdictional determinations, complaint
investigations, enforcement proceedings, and rulemakings. Mr.
Koury also has extensive experience and training in settlement and
other alternative dispute resolution.
Mr. Koury joined Wright & Talisman, P.C. in 1988. Prior to joining
the firm, Mr. Koury held various positions in FERC’s Office of
General Counsel, including serving as a trial attorney in both the
natural gas and electric utility divisions, as well as serving as an
advisor to the FERC on legal and policy issues.
Recent Publications
“Chapter XX: Natural Gas,” Energy Law and Transactions, Matthew
Bender, 2010
Practice Areas
Natural Gas & Oil
Administrative Law
Appellate
Education
L.L.M., highest honors,
George Washington
University, 1985
J.D., Law Review Editor,
Albany Law School of
Union University, 1980
B.A., Phi Beta Kappa, State
University of New York at
Albany, 1975
Honors/Distinctions
Chambers USA, Energy: Oil
& Gas 2006-2014
Chambers Global: Oil &
Gas 2012-2014
Professional Affiliations
Energy Bar Association
Alternative Dispute
Resolution Professionals
Bar/Court Admissions
District of Columbia
New York
U.S. Court of Appeals,
District of Columbia Circuit
U.S. Court of Appeals for
the Second Circuit
U.S. District Court, District
of Columbia
Other
Certified foster / adoptive
resource parent
Thomas G. Lawler
With more than 13 years of policy and advocacy experience, trade associations, elected
officials and Fortune 500 companies have trusted Tom Lawler to represent their interests.
During his tenure in the Senate, Tom served as chief policy advisor on energy and
environmental issues for Senator Thomas R. Carper (D-DE) and managed the
Subcommittee on Clean Air and Nuclear Safety for the Environment and Public Works
Committee. In 2008, Tom was named Director of Public Policy for Natsource, a leading
provider of asset management, origination, and advisory services in both global renewable
energy markets and carbon emissions trading. He was most recently Principal at The
Accord Group, a respected lobbying firm specializing in energy and environment advocacy
on behalf of its diverse clientele.
Prior to his service in the Senate, Tom served the nation’s governors as an environment
and transportation policy analyst for the National Governors Association, crafting policies
that created common ground among the country’s governors. This results-oriented
approached, convinced then- Governor Mitt Romney (R-MA) to make Tom his Deputy
Director of State-Federal Relations, representing the Commonwealth’s interests before
Congress including working closely with the Massachusetts’ Congressional Delegation on
the completion of the Big Dig and the state’s other transportation, environmental and
agricultural priorities.
Today, Tom works with corporations, foundations and advocacy groups to craft creative,
effective initiatives that meet their federal policy goals.
Ashley Lawson is Global Editor for Carbon Research & Forecasts at Thomson Reuters where she oversees
the team’s analysis on market fundamentals and policy developments in the world’s compliance carbon
markets. She is also a Senior Analyst for North American carbon markets, currently heading up the
team’s economic and emissions forecasting efforts in that region. She has extensive expertise on the
WCI and RGGI markets and also follows national climate policy developments in the US. She frequently
speaks at industry events and is a guest lecturer at the Johns Hopkins University School of Advanced
International Studies.
Jason Leif represents energy industry participants, focusing on pipeline and liquefied natural gas
(LNG) permitting and construction, rates and tariffs, asset acquisitions and divestitures, energyrelated contracting matters, and investigations and compliance.
Jason has conducted internal investigations and worked with companies responding to inquiries
from regulatory agencies, such as the Federal Energy Regulatory Commission (FERC) and the
Commodity Futures Trading Commission (CFTC). He has represented companies in regulatory
proceedings before FERC and state regulatory agencies. Jason has tried cases before FERC
administrative law judges (ALJs), including matters involving the impact imported LNG could
have on natural gas-fired electric turbines and gas distribution facilities and the valuation of
crude oil shipped from Alaska's North Slope through the Trans-Alaska Pipeline. Representative
clients in public matters include BP, CenterPoint Energy, Chevron, and Scana.
Before joining Jones Day, Jason worked at the FERC, where he advised ALJs in litigation
involving gas pipelines, oil pipelines, and electric utilities. He contributed to decisions regarding
an electric utility merger, transmission tariffs, and rate design issues. Jason currently is president
of the Energy Bar Association (EBA) and is a member of the boards of directors of the
Charitable Foundation of the EBA and the Foundation for the Energy Law Journal. Jason is past
president of the EBA's Houston Chapter, where he remains on the board, and was vice chair of
its Natural Gas Regulation Committee. Jason is a member of the Texas Bar Association, the
Houston Bar Association, and the Bar Association of the District of Columbia.
Jason Leif represents energy industry participants, focusing on pipeline and liquefied natural gas
(LNG) permitting and construction, rates and tariffs, asset acquisitions and divestitures, energyrelated contracting matters, and investigations and compliance.
Jason has conducted internal investigations and worked with companies responding to inquiries
from regulatory agencies, such as the Federal Energy Regulatory Commission (FERC) and the
Commodity Futures Trading Commission (CFTC). He has represented companies in regulatory
proceedings before FERC and state regulatory agencies. Jason has tried cases before FERC
administrative law judges (ALJs), including matters involving the impact imported LNG could
have on natural gas-fired electric turbines and gas distribution facilities and the valuation of
crude oil shipped from Alaska's North Slope through the Trans Alaska Pipeline. Representative
clients in public matters include BP, CenterPoint Energy, Chevron, and Scana.
Before joining Jones Day, Jason worked at the FERC, where he advised ALJs in litigation
involving gas pipelines, oil pipelines, and electric utilities. He contributed to decisions regarding
an electric utility merger, transmission tariffs, and rate design issues. Jason currently is president
of the Energy Bar Association (EBA) and is a member of the boards of directors of the
Charitable Foundation of the EBA and the Foundation for the Energy Law Journal. Jason is past
president of the EBA's Houston Chapter, where he remains on the board, and was vice chair of
its Natural Gas Regulation Committee. Jason is a member of the Texas Bar Association, the
Houston Bar Association, and the Bar Association of the District of Columbia.
EXPERIENCE
American Energy – Midstream forms $500 million joint venture with Regency Energy Partners
to construct and operate 52-mile, 36-inch gas gathering pipeline in Utica shale with capacity of
2.1 Bcf/day
Jones Day represented American Energy – Midstream, LLC, in connection with the formation of
a $500 million joint venture with Regency Energy Partners LP to construct and operate a 52mile, 36-inch gas gathering pipeline in the Utica shale with a capacity of 2.1 Bcf/day.
Alaska Gasline Development Corporation invests in Alaska LNG Project
Jones Day is representing the Alaska Gasline Development Corporation ("AGDC") in
connection with its planned equity investment in, and development of, the Alaska LNG Project
("AKLNG"), one of the largest LNG export projects of its kind in the world.
Atlas Pipeline Partners sells interest in West Texas LPG Pipeline for $135 million
Jones Day advised Atlas Pipeline Partners, L.P. in the $135 million sale of 100 percent of the
equity interests in subsidiaries that own a 20 percent stake in the West Texas LPG Pipeline
Limited Partnership to a subsidiary of Martin Midstream Partners, L.P.
Alaska Gasline Development Corporation to develop Alaska Stand Alone Pipeline Project
Jones Day is representing the Alaska Gasline Development Corporation ("AGDC") in
connection with the development of the Alaska Stand Alone Pipeline ("ASAP"), a proposed $7.6
billion, 727-mile, low pressure natural gas pipeline running from Alaska's Prudhoe Bay to Point
MacKenzie, with a 30-mile lateral line between the main pipeline and Fairbanks.
Marathon Petroleum forms joint venture to construct 560-mile crude oil pipeline originating in
Bakken Shale in North Dakota
Jones Day is representing Marathon Petroleum Corporation in the formation of a joint venture
with Enbridge Energy Partners, LP to construct an approximately 560-mile, $2.6 billion
interstate crude oil pipeline originating in the Bakken Shale region of North Dakota and
extending through Minnesota to Wisconsin, where it will supply crude oil to refineries in the
United States and eastern Canada.
Enable Mississippi River Transmission successfully resolves NGA Section 4 rate case before the
Federal Energy Regulatory Commission
Jones Day represented Enable Mississippi River Transmission, LLC (MRT) in a Natural Gas Act
John R. Lilyestrom
Partner, Washington, D.C.
John Lilyestrom's practice focuses on electric utility regulation and the
resulting competitive and commercial consequences of such regulation.
John represents electric utility companies, electric power marketers, and
independent power producers before the Federal Energy Regulatory
Commission (FERC) and before various state regulatory agencies and federal
and state courts. He has represented utilities in merger proceedings, in
proceedings related to the alleged exercise of generation market power, in
transmission and wholesale service rate cases, and in cases involving the
application of standards of conduct and affiliate restrictions. John has also
advised electric utilities in assessing commercial opportunities arising from,
and the regulatory implications of, electric industry restructuring and corporate
reorganization. He has also represented national and regional electric
reliability organizations in matters related to the interaction of regulation and
electric reliability.
T +1 202 637 5633
F +1 202 637 5910
[email protected]
Practices
In addition, John has represented utilities, power marketers, and independent
generators in negotiations of power purchase and sale and tolling agreements
(as well as in the restructuring and renegotiation of such agreements),
interconnection and transmission service agreements, and agreements
related to membership in and formation of regional transmission
organizations. He has also represented utilities in FERC and state
commission proceedings involving the approval of, and recovery of costs
associated with, such contracts.
John is co-author of "The March of the Regulator: Regulatory Dynamics at the
State and Federal Level," published in The U.S. Power Market - Restructuring
and Risk Management, Risk Publications (1997).
Prior to joining Hogan & Hartson, he was an associate in a major energy law
firm in Washington, D.C.
Energy
Infrastructure, Energy, Resources and Projects
Industry Sectors
Energy and Natural Resources Group
Areas of Focus
Electric Regulatory Issues
Energy Market Competition Law
Deregulation and Restructuring of the Electric
Industry
Energy Company Mergers and Acquisitions
Education
J.D., University of Maryland School of Law,
1989
B.A., Harvard University, 1985
Hogan Lovells Publications
"FERC Office of Enforcement Issues a Notice of Alleged Violation in the
Powhatan Energy Fund Case." Energy Alert, Hogan Lovells (07 August 2014)
"NERC on Short Deadline to Develop Physical Protection Standards." Energy
Alert, Hogan Lovells (11 March 2014)
Awards/Rankings
Chambers USA, Energy: Electricity (Regulatory
& Litigation), 2009-2014
Bar Admission
District of Columbia
"Hogan Lovells' Energy Alert: FERC proposes new critical infrastructure
protection standards (agreeing to go directly from Version 3 to Version 5)."
Maryland
BIOGRAPHY OF
CYNTHIA A. MARLETTE
Cynthia A. Marlette has over 30 years of experience in regulatory and policy issues
affecting the nation’s energy industries. Currently Ms. Marlette is with the law firm Akin Gump
Strauss Hauer & Feld LLP in Washington, D.C., specializing in energy matters. Prior to that she
served in a variety of senior positions at the Federal Energy Regulatory Commission (FERC),
including six years as the agency’s general counsel, where she was responsible for providing
legal and policy advice in all areas of the agency’s regulation, including: transmission and sales
for resale of electric energy in interstate commerce; independent system operators and regional
transmission organizations; reliability of the U.S. bulk power system; mergers and acquisitions
of public utilities and utility holding companies; certification of cogeneration and small
renewable power facilities; hydroelectric licensing; natural gas transportation and wholesale
sales in interstate commerce; certification of natural gas pipeline projects; and Federal Power Act
and Natural Gas Act compliance issues. She was also responsible for defending the agency’s
decisions before the courts.
In addition to twice serving as general counsel of FERC, Ms. Marlette held a number of
other positions at the agency, including principal deputy general counsel, associate general
counsel, and legal advisor to the chairman. As principal deputy general counsel, she directed the
agency’s implementation of the Energy Policy Act of 2005, which involved over a dozen
rulemakings under new authorities granted by Congress. Ms. Marlette also spent 10 years as
associate general counsel for hydroelectric and electric matters. She oversaw the drafting of
Order No. 888, the FERC’s landmark rulemaking which opened up the nation’s electric
transmission grid to non-discriminatory access and laid the foundation for competitive wholesale
power markets, and participated in the rule’s successful defense before the United States
Supreme Court.
Ms. Marlette has testified before numerous congressional committees on proposed energy
legislation, including the Energy Policy Act of 1992, Public Utility Holding Company Act
reform, and the Energy Policy Act of 2005. She received the Presidential Rank Award for
Meritorious Executive in the Senior Executive Service from President George W. Bush in 2008
and from President Clinton in 1997. She is admitted to practice before the United States
Supreme Court, the U.S. Court of Appeals for the District of Columbia Circuit, the District of
Columbia Court of Appeals, and the Court of Appeals of Maryland. She received her B.A.
degree from the University of South Florida and her J.D. degree from the American University
Washington College of Law.
Daniel L. Merz
Senior Counsel
Legal
2800 Post Oak Boulevard
Houston, TX 77056
Educational:
Texas A&M University, BA, History 1978
University of Houston Law Center, JD 1982
Professional: Thirty years with Williams, providing counsel and management in
Legal, Government Affairs, Environmental, Land and Pipeline Safety disciplines.
Previous speaking engagements with Energy Bar Association, Marcellus Shale
Coalition- Energy Insights, Western Governor’s Association- Energy Seminar
Served on various Boards including Marcellus Shale Coalition, Houston Young
Lawyers, Texas Young Lawyers
Personal: Married to lovely wife, Sandra, for 37 years, three grown children,
seven grandchildren, one great grandchild.
Military Service: US Army veteran
Biography
Clifford (Mike) M. Naeve
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
Energy Law and Litigation
Mike Naeve is head of the Washington, D.C. office and a partner in the Energy
Regulation and Litigation Group. Prior to joining Skadden, he served as a commissioner at the Federal Energy Regulatory Commission, where he played a leading role in
developing FERC policies for restructuring the electric power and natural gas industries.
In his legal work, Mr. Naeve has continued to be involved in energy policy and regulatory matters and has represented clients in a variety of federal and state regulatory
proceedings and restructuring transactions. He also has represented numerous utilities
before FERC in merger proceedings and has been involved in dozens of friendly and
unsolicited merger transactions. In addition, he has worked with a variety of utilities on innovative electric transmission cases, wholesale rate proceedings and FERC
enforcement proceedings.
Mr. Naeve has represented major oil and gas producers, natural gas pipelines, electric
cooperatives and financial institutions in a variety of commercial and regulatory matters. He has testified before Congress on various matters ranging from electric industry
restructuring to antitrust issues in the energy sector. Mr. Naeve formerly was a member
of the Secretary of Energy’s Electricity Advisory Board as well as the board of directors
for the Ontario Independent Electricity System Operator.
Mr. Naeve consistently has been singled out by Chambers and Partners as its highestrated U.S. energy lawyer. In 2006, Mr. Naeve received “The Chambers Award for
Excellence” as the nation’s leading lawyer in his field. In addition, he consistently has
been designated as a “star individual” in Chambers USA and Chambers Global, and
is the only attorney in his field to have been awarded such a designation. He repeatedly has been selected for inclusion in The Best Lawyers in America, The Legal 500
United States and Who’s Who Legal: Oil and Gas. In addition, Mr. Naeve was named
Best Lawyers’ “2013 Washington, D.C. Oil & Gas Lawyer of the Year” and has been
included in Lawdragon 500 Leading Lawyers.
Washington, D.C. Office
T: 202.371.7070
F: 202.661.8229
E: [email protected]
Education
J.D., George Washington University, 1984
(Highest Honors, Order of the Coif)
M.P.A., L.B.J. School of Public Affairs,
The University of Texas at Austin, 1972
B.S., Mechanical Engineering, The
University of Texas at Austin, 1970
Bar Admissions
District of Columbia
Government Service
Legislative Director, Office of U.S.
Senator Lloyd Bentsen (1978-1980)
Commissioner, Federal Energy Regulatory
Commission (1985-1988)
Member, Electricity Advisory Board to the
Secretary of Energy (2002-2008)
www.skadden.com
Lauren O’Donnell, Vice President for Oil and Gas, TRC Companies, Inc.
Lauren O’Donnell has over 35 years of experience in the natural gas industry and has
extensive experience with the environmental aspects of pipeline and liquefied natural
gas projects. She is currently Vice President for Oil and Gas at TRC Companies, Inc., a
national environmental and engineering consulting firm.
Prior to joining TRC in July 2014, Ms. O’Donnell was the Director of the Division of
Gas—Environment and Engineering at the Federal Energy Regulatory Commission
(FERC). Ms. O’Donnell was involved in and responsible for developing and
implementing processes to carry out the Commission’s environmental responsibilities.
She was a principal developer of FERC’s pre-filing process for LNG facilities and
interstate natural gas pipelines and continued to promote and improve the process over
the course of her 35-year career with FERC. She has conducted public meetings for
natural gas facility applications, and stakeholder workshops on FERC’s Pre-filing
Process.
Ms. O’Donnell is a graduate of Ball State University and holds BA in Geology. She
frequently speaks on issues related to FERC’s environmental review processes, and
has addressed various state and federal agencies, and industry groups including the
Southern Gas Association, INGAA Foundation, EBA, and International Right-of-Way
Association.
BIOGRAPHY
Tanya Paslawski
Deputy Executive Director
Organization of MISO States
Tanya serves as the Deputy Executive Director (DED) for the Organization of
MISO States (OMS), which represents utility regulators in the Midcontinent
Independent System Operator (MISO) footprint. OMS coordinates regulatory
oversight among members and makes recommendations to MISO, Federal
Energy Regulatory Commission (FERC), and other entities as appropriate. As
DED, Tanya is responsible for developing common understanding and
consensus among members and representing the individual and joint interests of
members on regional and regulatory matters before MISO and FERC.
Prior to joining OMS, Tanya worked in the utility industry for over 13 years in both
the public and private sector on behalf of the Michigan Public Service
Commission, Direct Energy, and ITC Holdings. She has held various regulatory
positions working with state regulatory commissions and legislatures, MISO,
FERC, and various stakeholder groups. She also served in more formal
business and administrative roles as an advisor to two chief executives.
Tanya has a Bachelor of Arts degree in Political Science from Oakland University
and a law degree from Michigan State University College of Law. She is also a
member of the State Bar of Michigan.
{D0193314.DOC / 1}
NORMAN A. PEDERSEN
BIOGRAPHY
Norman A. Pedersen has extensive experience in energy law and related areas. He has
represented electricity generators, electric utilities, oil and natural gas pipelines, industrial endusers, governmental agencies, and natural resource development companies in a wide range of
energy-related matters before state and federal regulatory agencies, courts, and legislative
bodies. He also represents clients in commercial transactions, including the purchase and sale
of natural gas and electricity and related transmission services.
Mr. Pedersen’s regulatory practice encompasses gas, electric, hydroelectric, cogeneration, and
independent power project issues. He is particularly active in proceedings before the Federal
Energy Regulatory Commission and state regulatory agencies, including the California Public
Utilities Commission, the California Energy Commission, and the California Air Resources
Board. He specializes in complex regulatory gas and electric rate litigation. Mr. Pedersen also
represents clients in state and federal proceedings that establish energy and environmental
policy. He had four years of government service at the Federal Regulatory Energy Commission.
Mr. Pedersen lectures at seminars and conferences on energy topics. He has published various
articles on a variety of issues in the energy area, including the application of the Federal
preemption doctrine to state issues.
Mr. Pedersen is a member of the Energy Bar Association and various state and local bar
associations. He holds a B.A. degree and an M.A. degree from the University of California,
Berkeley. His law degree is from the University of California at Los Angeles Law School. He is
admitted to practice in California, in the District of Columbia, and before various federal courts.
MOSBY G. PERROW
[email protected]
ASSOCIATE
Energy
Energy Regulatory
Energy Transactions
Energy Renewables & Sustainable Development
Energy Marketing & Trading
EXPERIENCE HIGHLIGHTS
Marathon Petroleum forms joint venture to construct 560-mile crude oil pipeline
originating in Bakken Shale in North Dakota
Marathon Petroleum purchases BP's Texas City refinery and related logistics
and marketing assets
Exelon successfully challenges proposed changes in market rules for ISO-NE
day-head market schedule
EDUCATION
University of Richmond (J.D. 2004; Richmond Journal of Global Law and
Business; M.A. in English Lit. 2004); Princeton University (B.A. 1998)
BAR ADMISSIONS
Not admitted in Texas; admitted in District of Columbia and Virginia
CLERKSHIPS
Law Clerk to Hon. Frederick P. Stamp Jr., United States District Court,
Northern District of West Virginia (2004-2006)
GOVERNMENT SERVICE
Attorney-Advisor, Federal Energy Regulatory Commission, Office of General
Counsel, Energy Markets (2006-2009)
Houston
(T) +1.832.239.3895
(F) +1.832.239.3600
Mosby Perrow represents clients in the energy industry
on transactional and regulatory matters. He focuses on
regulatory counseling, drafting and negotiating
documents such as precedent agreements, and
administrative litigation. Mosby’s clients range from
natural gas pipelines to electric utilities to renewable
energy developers to investors focused on the energy
space. He practices regularly before the Federal
Energy Regulatory Commission on rate proceedings,
asset acquisitions and divestitures, and enforcement
matters.
Prior to joining Jones Day, Mosby worked as an
attorney-advisor for the Office of General Counsel at
the FERC. There he worked on key orders and rules
regarding FERC’s open access reform, issues arising
out of the organized electric markets, transmission
incentive rates, and mergers and acquisitions.
Mosby is an active member of the Energy Bar
Association, serves on the EBA Houston Chapter Board
of Directors, and co-chairs the EBA Programs and
Meetings Committee. He also serves on the Advisory
Board for the Institute for Energy Law, a division of the
Center for American and International Law. Mosby has
chaired other EBA committees in the past, including the
Finance and Transactions Committee, and also served
on the editorial board for Energy Law360.
David E. Pomper
PARTNER
A seasoned litigator and negotiator, David Pomper has been fighting for
local governments and municipal and cooperative utilities since 1989.
"Law is practical philosophy," says David. "And by my philosophy, some
problems can only be solved collectively."
He has been working to solve problems at the crossroads of economic
development, environmental protection, private enterprise and the public
interest.
202.879.3586
[email protected]
EDUCATION
University of Pennsylvania Law School,
JD, 1989
Philadelphia, PA
University of Pennsylvania Law Review,
Articles Editor
Swarthmore College, BA, 1984
Swarthmore, PA
Special Major in Science and Religion
BAR ADMISSIONS
District of Columbia
United States Courts of Appeals for the
District of Columbia, Fourth, Sixth and
Eighth Circuits
United States District Court for the District
of Columbia
MEMBERSHIPS
American Bar Association
"Where a lot of money is at stake, issues get complicated," says David,
"often because those holding the money pay smart people to complicate
matters and win by stalemate. But a simple principle invariably lies at the
dispute's core. I make that principle known."
He's represented utilities nationwide, the Transmission Access Policy
Study Group (TAPS), the American Public Power Association (APPA), the
National Rural Electric Cooperative Association (NRECA) and official
utility consumer advocates, in negotiations, Federal Energy Regulatory
Commission-sponsored mediation, rate litigation and more.
PRACTICE FOCUS
Complex electric utility industry litigation and transactions involving
transmission access rules, antitrust issues, wholesale ratemaking and
regulatory policy. Environmental and land use review of energy and
transportation infrastructure siting. Regulatory policy for new technologies
such as electricity storage.
REPRESENTATIVE MATTERS
David was the main drafter of the first successful transmission access
complaint under Federal Power Act Section 211. The resulting order
and consequent rule provide the national foundation for wholesale
electricity markets. Florida Power & Light Co., Docket No. TX93-4
(FERC).
Energy Bar Association
When liquefied natural gas projects repeatedly had ridden over
litigated opposition, he helped persuade a federal judge to rule
otherwise, upholding local zoning against a federal Natural Gas Act
preemption challenge. Washington Gas Light Co. v. Prince George's
County, Case No. DKC 08-0967 (D. Md.).
David helped St. Louis maintain its legacy as an aviation leader, by
piloting STL's new runway through environmental review and appellate
litigation. City of Bridgeton v. Slater, 212 F.3d 448 (8th Cir.), reh'g en
banc denied, 2000 U.S. App. LEXIS 13701 (June 13, 2000), cert.
denied, 531 U.S. 1111 (2001).
PUBLICATIONS
Utility Capital in the Twenty-First Century, by David E. Pomper, Pub.
Utils. Fortnightly (Aug. 2014).
Pausing the Speed of Light: Rethinking the Basis for Federal
Jurisdiction over Storage Services, by David E. Pomper,
ElectricityPolicy.com (Oct. 11, 2011).
Electricity Storage: Technologies and Regulation, by David E. Pomper,
National Regulatory Research Institute (No. 11-11, June 2011).
Call It "Pay for Fair Play": FERC's Latest Plan to Equalize Access to
the Grid Could Make Matters Worse, by David E. Pomper, Legal
Times (May 5, 2003).
PRESENTATIONS
Electricity Storage: Technologies and Regulation - an Update, by
David E. Pomper, (October 8, 2012).
1875 Eye Street, NW | Suite 700 | Washington, DC 20006 | 202.879.4000 | www.spiegelmcd.com
Biography – John Rattray
General Counsel, Secretary and Chief Reliability
Compliance Officer
John Rattray is General Counsel, Secretary and Chief
Reliability Compliance Officer. Mr. Rattray has provided
legal counsel on a wide range of issues relating to the
operation of Ontario’s bulk electrical system. He is is also
the IESO’s Corporate Secretary and in that capacity assists
the IESO Board in fulfilling its governance mandate. As
Chief Reliability Compliance Officer John exercises an
internal oversight role over the business units that have
compliance responsibilities for reliability standards.
Prior to joining the IESO in 2004, John practiced litigation and administrative law with Ontario
Power Generation and the former Ontario Hydro.
John is a graduate of Queen’s University, the University of Toronto Law School and Osgoode
Hall Law School.
Allison Martin Rhodes is a partner in Holland & Knight's Portland and Los Angeles offices, where
she focuses her practice in legal ethics and risk management, law firm management and attorney
disciplinary defense. Ms. Rhodes advises both law firms and lawyers in matters involving lawyer
mobility, partnership and corporate structuring, lawyer dissociation and lateral hiring. In addition, she
litigates law firm dissolution, fiduciary duty and lawyer separations.
Ms. Rhodes is a co-author, together with Ron Mallen, of the leading treatise Legal Malpractice.
Ms. Rhodes’ contribution to the treatise focuses on legal ethics, risk management, fiduciary duty and
conflicts of interests.
Ms. Rhodes also contributes to Professor Robert Hillman's leading treatise Lawyer Mobility, the Law
and Ethics Partner Withdrawals and Law Firm Breakups.
Ms. Rhodes is also an adjunct professor at Lewis & Clark Law School, where she teaches legal
ethics with Holland & Knight Partner David Elkanich.
Previously, Ms. Rhodes was a deputy district attorney with the Multnomah County District Attorney's
Office, where she was assigned to the Gang Crimes Unit with liaison responsibilities for both the
Portland and Gresham police departments.
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Jacquelyne M. Rocan
Jacquelyne M. Rocan is an Assistant General Counsel with Kinder Morgan Inc. in Houston,
Texas, primarily focused on regulatory and related transactional, land, and litigation matters
for interstate natural gas pipeline construction projects.
Prior to joining Kinder Morgan Inc., Jacquelyne served as an attorney-advisor for the
Federal Energy Regulatory Commission in the Pipeline Certificates areas in Washington,
DC, an associate in the energy regulatory section of Akin, Gump, Strauss, Hauer & Feld,
L.L.P.’s Houston, Texas office, and a senior counsel focusing on federal regulatory and
compliance matters with the NiSource Pipeline Group (Legal), Shell Trading Gas and Power
Company, and Enbridge Energy Company, Inc., all in Houston, Texas.
Jacquelyne is a 1990 graduate of the University of Tulsa College of Law (J.D.), where she served
on the staff of the Energy Law Journal, and a 1987 graduate of the University of Tulsa (B.S., cum
laude). She is admitted to practice in Texas and Oklahoma, and is a member of the American Bar
Association and Energy Bar Association.
R. Olivia Samad
Romana Olivia Samad is a senior attorney at Southern
California Edison representing the company before the
California public utilities commission in regulatory
matters. She has worked on several Demand Response
proceedings including: (1) the implementation of rules
for retail customer bidding of DR directly into wholesale
electric and ancillary service markets on the customer’s
own behalf or through third party demand response
providers and most recently, (2) a pending settlement
regarding demand response valuation, categorization
and priorities. She also represents the company on
smart grid, privacy and cybersecurity issues.
Prior to joining SCE in 2006, Olivia was a litigator at Kirkland & Ellis LLP in Los Angeles
where she worked on intellectual property and commercial cases. She also negotiated
settlements in over 200 preference and reclamation actions as debtor's counsel.
Olivia got her law degree from Georgetown University where she was a Dean's scholar.
During law school, she was a clerk for Judge Alex Kozinski, United States Court of
Appeals for the Ninth Circuit. She taught a course on "U.S. Legal Discourse" to foreign
lawyers and international LLM students and worked on a Human Rights Watch
publication on personal status laws of Muslim women in the European Union. She
focused on alternative dispute resolution and was a national finalist in environmental
negotiation and one of five U.S. teams at the United Nations-sponsored International
Commercial Arbitration in Vienna. She received her bachelors degrees in Public Policy
and in Economics from Stanford University. Before law school, she worked at CNN's
LA Bureau, at the U.S. General Accountability Office in the International Trade and Law
division, at Pacific Bell's office of external affairs during telecommunications
deregulation, and at the District Attorneys’ Victim Witness Assistance program during
the OJ Simpson trial.
Olivia has been a member of the California Bar since 2003. Her pro bono work has
included such varied matters as prosecuting an off-duty LAPD officer in a criminal case
for the City of Hermosa Beach and handling 12 adoptions in one day. She taught
Criminal Law at the People's College of Law in 2007. She served on the Board of the
Asian Pacific American Dispute Resolution Center, an organization that rose to
prominence in the aftermath of the LA riots mediating disputes between the Korean and
African American communities. A columnist for the Stanford Magazine for the past 15
years and a published poet, she most recently edited an anthology of personal essays
published in 2011.
https://www.linkedin.com/in/oliviasamad
DOUGLAS W. SMITH
PARTNER
CONTACT
Professional Background
[email protected]
Doug Smith represents clients on regulatory matters before the Federal Energy Regulatory Commission
(FERC) and the Department of Energy (DOE). He also provides counsel on climate change, energy
technology, and renewable energy policy.
202.298.1902
PRACTICE AREAS
Climate Change
Electric
Pipeline & LNG
Renewables
As General Counsel of the FERC from 1997 to 2001, Doug played a lead role in Commission policy
initiatives on electricity, natural gas rates, pipeline certificates, and hydropower licensing reform. As
Deputy General Counsel for Energy Policy at DOE, he played significant roles in Departmental initiatives
on electricity restructuring, the Climate Challenge program, and new energy efficiency standards.
EDUCATION
Yale Law School
Massachusetts Institute of
Technology
Doug speaks frequently at conferences on energy regulation and climate change. Doug is also on the
adjunct faculty at the George Washington University Law School, where he teaches a class on Energy and
the Environment.
BAR AND COURT ADMISSIONS
Doug serves as a member of the firm's Executive Committee.
District of Columbia Bar
Massachusetts State Bar
Representative Experience
 Advises regulated companies on FERC rulemaking and policy matters.
 Represents electricity clients in FERC rate matters.
 Represents clients on FERC review of mergers and acquisitions in the electricity sector.
 Assists clients with regulatory due diligence on energy projects and transactions.
 Represents regulated entities on FERC audits and investigations.
 Assists clients with regulatory compliance and training programs.
 Provides strategic advice on clean energy and climate change policy for energy companies,
manufacturers, and other clients.
 Represents equipment manufacturers on energy efficiency regulation before DOE.
 Advises applicants seeking financial assistance for energy-related projects.
 Advises a trade association on carbon capture and sequestration policy.
 Works with think tanks and coalitions to pursue innovative energy and environmental policies in areas
such as climate change and transmission policy.
Government Service
Federal Energy Regulatory Commission
General Counsel, 1997-2001
U.S. Department of Energy
Deputy General Counsel for Energy Policy, 1995-1997
Associate General Counsel for Energy Policy, 1995
1
Douglas W. Smith
Assistant General Counsel for Legal Policy and Analysis, 1994-1995
U.S. Court of Appeals for the Third Circuit
Judicial Law Clerk to the Honorable Judge Walter K. Stapleton, 1986-1987
Awards and Honors
Chambers USA's "Leaders in Their Field"
Energy: Electricity (Regulatory & Litigation), 2012-2014
"Best Lawyers in America" by Best Lawyers
Energy, 2013-2014
Chambers Global
Electricity, 2009-2013
Chambers USA
Energy: Electricity, 2005-2013
Super Lawyers
2010
Articles and Presentations
 Regulatory Federalism & Development of Electric Transmission: A Brewing Storm?, Energy Law
Journal, Vol. 35 Issue 1 pp. 71-99, 05/13/2014
 Upcoming EPA Regulations and Potential Impacts on Electric Reliability, The Electricity Journal, Vol. 24
Issue 3 pp. 7-21, 04/09/2011
 U.S. Energy and Climate Change Policy: What to Expect in 2009, Bloomberg Law Reports: Sustainable
Energy, Vol. 2 Issue 1 pp. 1, 01/09/2009
 An Inconvenient State?, Environmental Finance, 10/01/2006
 Climate Change: The Heat Is On, Public Utilities Fortnightly, pp. 54, 01/01/2004
 Buying and Selling Electric Power in the West: A Review of Key Elements of FERC's Standard Market
Design Proposal, 01/16/2003
 Designing a Climate-Friendly Energy Policy: Options for the Near Term, Pew Center on Global Climate
Change, 07/01/2002
 Electricity regulation: How is federal policy changing?, Trends, Vol. 33 Issue 6 pp. 4, 07/01/2002
 "Reading the Tea Leaves: The Likely Direction of FERC Policy in the Post-Wellinghoff Era" - 3rd Annual
Electric Transmission in the West, Law Seminars International, Seattle WA, 05/19/2014
 "Federal Regulatory and Legislative Developments in the Upcoming Election" - Energy in California:
New Policy Drivers, Opportunities and Challenges, Law Seminars International, San Francisco CA,
11/12/2012
 "Significant Developments in Federal Policy" - 13th Annual Conference on Energy in California, Law
Seminars International, San Francisco CA, 11/03/2011
 "Coal, Advanced Technology, and Carbon Capture and Storage Updates" - EPA Regulation of Electric
Generation: Train Wreck or Clearing the Tracks for The New Energy Economy?, Washington DC,
05/17/2011
2
Douglas W. Smith
Holly Rachel Smith
is the Assistant General Counsel of the
National Association of Regulatory Utility Commissioners
(“NARUC”). She is responsible for NARUC’s legal representations on
energy matters before the Federal Energy Regulatory Commission, the
Department of Energy, the Environmental Protection Agency and the
federal courts. Her role at NARUC includes serving on a myriad of
government and industry boards and task forces, including the
Department of Energy’s Smart Grid Task Force and the Advisory
Board of the North American Energy Standards Board. She has served on the Member
Representative Committee to the Board of Trustees of the North American Electric
Reliability Corporation.
Prior to joining NARUC, from 2007-2012, Ms. Smith managed a law firm serving
Fortune 50 companies and State government agency clients with regard to energy and
telecommunications law and policy. In this role, Ms. Smith assisted clients, including the
nation’s largest private energy consumer, with development and promotion of policies
that enable energy customers to reduce energy costs and maximize investments in
renewable, Demand Side Management (DSM) and Demand Response (DR) technologies.
She also represented clients, including State consumer advocacy agencies, with respect to
State licensing of telecommunications services, as well as wireless merger and other
proceedings before the FCC. She has appeared in more than sixty State adjudications
(rate case, smart grid cost recovery), policy dockets (DSM, DR and energy
efficiency/renewable deployment/broadband deployment) and licensing proceedings
before State public utility commissions in AR, AZ, CO, CT, DE, IN, ID, KY, MD, MS,
NC, NJ, NM, OH, OK, OR, PA, SC, UT, WA, WV, VA and VT. Her practice also
involved developing comprehensive State legislative strategies for clients in parallel with
her energy regulatory advocacy.
Ms. Smith developed extensive experience in federal and State telecommunication and
energy regulatory issues while working for six years in Washington, D.C. at several large
law firms, including Hogan & Hartson LLP and Preston Gates Ellis & Rouvelas Meeds,
where she primarily advocated before the FCC and Congress on significant
telecommunications policy issues, such as universal service and VoIP. Ms. Smith also
served as Senior Legal and Policy Advisor to the Director of the Tennessee Regulatory
Authority and Law Clerk to the Administrative Hearings Division of Oregon Public
Utilities Commission.
Ms. Smith earned her Juris Doctorate from the University of Oregon School of Law in
1999. She also holds a Masters of Public Policy from the College of William and Mary,
and a Bachelor of Arts (Economics) from the University of Colorado at Boulder. She
resides in Marshall, Virginia on her small horse farm, where she serves as the assistant
racehorse trainer. Ms. Smith was a top ten finalist in the Virginia Field Hunter
Championship of North America in 2014 and is active in Virginia Steeplechase Racing.
Kenneth A. Sosnick
Senior Project Manager, MRW & Associates
Email:
Phone:
Address:
•
•
•
•
[email protected]
510-844-5425
1814 Franklin Street
Suite 720
Oakland, California 94612
Expert Witness/Consultant on wide range of energy issues (Cost of Service, Cost Allocation, and Rate Design);
Testified and/or filed testimony before the Federal Energy Regulatory Commission in major interstate gas and
oil pipeline and electric utility rate proceedings;
Extensive knowledge of major interstate natural gas and oil/product pipelines and Regional Transmission
Organizations/Independent Service Operators;
One of the lead negotiators in the settlement of more than 15 major interstate gas and oil pipeline and electric
utility rate proceedings.
Overview
Ken’s diverse experience includes participation in several natural gas, electric, and oil industry proceedings before
the Federal Energy Regulatory Commission (FERC). Ken has extensive experience working on natural gas
pipeline, oil/petroleum product pipeline, and electric issues. From 2003 through 2005, Ken worked as an Auditor in
FERC’s Office of Enforcement. In 2005, he moved into FERC’s Office of Administrative Litigation where he
applied his expertise to a variety of complex issues relating to utility ratemaking for over 10 years.
Ken has applied his industry expertise, contributing as an expert witness and consultant to several regulatory
proceedings focusing on natural gas pipeline and oil/product pipeline cost of service rates, levelized rates,
incremental vs. rolled-in project costs, allocation of corporate overhead costs, master-limited partnership income
taxes, throughput/system rate design quantities, cost allocation and rate design, fuel recovery mechanisms,
extraordinary events surcharge trackers, NGA Section 5 rate proceedings, depreciation rate calculations, Return on
Equity calculations under Discounted Cash Flow methodology, as well as electric formula rates and Order No. 1000
cost allocations.
Representative Experience
Ken has constructed Cost of Service models in FERC natural gas rate cases for the following companies: Southern
Star Central Pipeline; High Island Offshore System; Williston Basin Pipeline; El Paso Natural Gas Company;
Transcontinental Pipeline Company, Black Marlin Pipeline Company; Sea Robin Pipeline Company (Section 4 Rate
Case & Hurricane Surcharge); Paiute Pipeline Company; Portland Natural Gas Transmission System, Inc.; Florida
Gas Transmission; Northern Natural Gas Company (Section 5), Kinder Morgan Interstate Gas Transmission
(Section 5); Tennessee Gas Pipeline Company, Stingray Pipeline Company, Tuscarora Gas Transmission Company
(Section 5); and National Fuel Supply Corporation.
Ken has evaluated Cost Allocation and Rate Design proposals and/or issues for Southern Star Central Pipeline, Sea
Robin Pipeline, High Island Offshore System, ANR Pipeline Company, El Paso Natural Gas Company and
Wyoming Interstate Company (Section 5).
Ken has contributed to the multi-office taskforce for the revision of the FERC Form 2, Docket No. RM07-9-000,
and served on the panel at the Open Commission meeting addressing the FERC Commissioners and any related
questions.
Ken has taught at the New Mexico State University Center for Public Utilities Practical and Regulatory Training for
the Natural Gas Interstate Pipeline Industry, specifically addressing FERC requirements for determining “Just and
Reasonable” rates. He has also presented at the EUCI sponsored FERC Natural Gas 101 course, held on May 19-20,
2014 and October 2-3, 2014, in Houston, Texas, and Denver, Colorado, respectively.
Judge Steven L. Sterner
Judge Steven L. Sterner is a 1984 graduate of Cleveland State University’s Cleveland-Marshall
College of Law. He earned his Bachelor's degree in Political Science from Washington &
Jefferson College. Judge Sterner is a member of the Ohio State Bar.
From 2005 until his arrival at FERC in March 2011, Judge Sterner was an Administrative Law
Judge with the Office of Medicare Hearings and Appeals at the Department of Health and
Human Services. Prior to that, Judge Sterner was a Hearing Officer at the Industrial Commission
of Ohio, where he conducted administrative hearings concerning worker’s compensation matters.
Judge Sterner also served as an Assistant Attorney General for the State of Ohio, where he was a
trial attorney in the Worker’s Compensation and the Consumer Protection Divisions and argued
before the Ohio Supreme Court. Before that he was an Assistant Director of Law for the City of
Cleveland and was in private law practice. While in private practice, Judge Sterner represented
major industrial clients, including serving as national asbestos trial counsel.
Vanessa Allen Sutherland
Vanessa Allen Sutherland is Chief Counsel to the Pipeline and Hazardous Material Safety
Administration. Ms. Sutherland joins DOT after seven years as Senior Counsel at Altria Client Services in
Richmond, Virginia. In this capacity, she managed technology transactions, procurement matters, data
security and privacy issues, packaging, competitive intelligence, U.S. Customs regulatory issues, state
and federal audits, and the corporate re-organization, dissolution and spin-off of international entities.
Prior to this, Chief Counsel Sutherland spent six years in various legal roles at MCI/WorldCom, including
Vice President and Deputy General Counsel for its webhosting and outsourcing subsidiary. She has also
worked for the Federal Deposit Insurance Corporation and the U.S. Department of Energy - Office of
Inspector General.
In 2010, Vanessa was one of thirty-one lawyers in the Commonwealth of Virginia to be honored as a
"Leader in the Law - 2010" for advancing the law, serving the community and improving the justice
system in Virginia. Chief Counsel Sutherland holds a J.D. from American University, an M.B.A.
from American University, a Certified Information Privacy Professional standing from the IAPP, and a
B.A. from Drew University.
Albert S. Tabor, Jr.
Biography
For more than 40 years, Bert has been engaged in a broad-based practice counseling firm clients in
the energy and transportation industries primarily related to the formation, construction,
acquisition, financing, sale, regulation, and operation of oil pipelines and gas pipelines, and
representing clients in administrative litigation before the Federal Energy Regulatory Commission
and its predecessors (collectively (“FERC”) and state regulatory agencies (most extensively the
Regulatory Commission of Alaska and its predecessors (collectively (“RCA”)). Bert has a national
practice, having represented clients in both transactions and regulatory litigation throughout the
United States, including extensive experience in Alaska.
Representative Experience
Oil Pipeline Regulation
Counsel for one or more of the owners of the Trans Alaska Pipeline System (“TAPS”) in every
piece of administrative litigation concerning TAPS at both FERC and RCA from 1977 through
2003 and a continuing role in such litigation since
•
Principal outside counsel, governance and policy advisor to one TAPS owner from 1976 until
the sale of its TAPS interest in 2000, including matters related to TAPS governance, owner
disputes and the Exxon Valdez Oil Spill
•
Principal outside counsel to the largest TAPS owner from 1996 through 2003 and a
continuing role in such representation since
•
Counsel to an oil pipeline intervenor in the administrative litigation at FERC that led to
Opinion 154-B
•
Counsel to a petroleum products pipeline in litigation at FERC in which favorable decisions
were obtained regarding a number of significant issues; including income tax allowances for
master limited partnerships, purchase accounting adjustments, and interest rate swaps
•
Counsel to two deep water Gulf of Mexico oil pipelines, in which favorable landmark
decisions were obtained from FERC for the first time recognizing that open seasons were
appropriate for such pipelines and that they could lawfully enter into long-term firm service
contracts with shippers
Natural Gas Pipeline Regulation
•
Counsel to a participant in the Northeast open seasons case at FERC, advocating in favor of
that participant’s more than one dozen separate applications for certificates of public
convenience and necessity (CPCN”) and obtaining a favorable settlement
•
Counsel to one of the applicants for CPCN competing for the expanded California natural gas
market and obtaining a favorable settlement
•
Counsel to an intervenor at FERC in Yukon Pacific’s application for a certificate to construct a
natural gas pipeline in Alaska
•
Counsel to intervenors in FERC litigation concerning natural gas curtailment priorities in
times of shortage
Anhydrous Ammonia Pipeline Regulation
•
Having been retained as counsel by a pipeline after it had received a series of unfavorable
orders, advocated before the Surface Transportation Board (“STB”) for reversal of most
recent order and obtained a favorable settlement
Transactional
•
Represented a joint venturer in the organization and construction of each of the three major
cross-country CO2 pipelines
•
Represented a Permian Basin producer in obtaining a CO2 supply and constructing a lateral
to transport that CO2
•
Represented a Kansas producer in obtaining a CO2 supply and constructing a pipeline to
transport that CO2
•
Represented the developer of a petroleum products pipeline in Alaska
•
Represented the owner in the construction of a natural gas liquids pipeline from the Permian
Basin to Mont Belvieu, Texas
•
Represented the owner in the construction of a cross-country anhydrous ammonia pipeline
•
Represented the developer of a heated oil pipeline in Pennsylvania
•
Represented the developer of an oil pipeline and terminal project in Delaware
•
Represented joint venturers in numerous joint ventures to construct both cross-country and
Gulf of Mexico oil pipelines
•
Represented the purchaser of an operating coal slurry pipeline
•
Represented a joint venturer in its extended but ultimately unsuccessful effort to build the
nation’s first cross-country coal slurry pipeline
•
Representation of either the purchaser or the seller in numerous transactions involving
liquids pipelines
Education and Professional Background
•
Prior to forming Caldwell Boudreaux Lefler PLLC, Bert established the liquids pipeline
regulatory practice at Vinson & Elkins LLP (V&E) 40 years ago, and was a Partner at V&E for
30 years. Bert continued with V&E as Of Counsel after his retirement from the partnership.
•
Ohio State University, J.D., 1964 (Phi Delta Phi)
•
Ohio State University, B.S., 1961
•
Admitted to practice: Illinois, 1964; Texas, 1973
Professional Recognition
•
The Best Lawyers in America® in energy law, 2006 - 2013
•
Chambers USA: America's Leading Lawyers for Business in energy regulation, 2005 - 2013
Activities and Affiliations
•
Member: Energy Bar Association (Served, Executive Committee; Past Chair, Oil Pipeline
Committee)
•
American Bar Association
•
State Bar of Texas
•
Gray E. Taylor
Co-Leader Climate Change & Emissions Trading
Group; Member of Corporate and Environmental Law
Practice Groups
Bennett Jones LLP, Suite 3400, 1 First Canadian Place,
Toronto, ON M5X 1A4
Direct Telephone: 416.777.5769
Fax: 416.863.1716
[email protected]
www.bennettjones.com
Co-leader of Bennett Jones Climate Change and Emissions Trading practice group and member
of the Corporate and Environmental Law practice groups. Focuses on greenhouse gas emissions
trading and climate change related projects and issues, sustainability and renewable energy
projects. Past Chair of the Canadian Bar Association's National Environmental, Energy and
Resources Law Section. Listed as Climate Change (Band 2 global) and Environmental (Band 1
Canada) in Chambers Global. Included in Lexpert's Guide to the Leading 500 Lawyers in
Canada. Director and Co-Chair of Canadian Working Group of International Emissions Trading
Association. Gray's publications include: Alberta's GHG Emissions Control System: A Model
for Others?; Lessons (Good and Bad!) from the Alberta Oil Sands for Ontario Oil and Gas?; All
Things Being Equal, an Exploration of GHG Equivalency Agreements between Provinces and
the Canadian Federal Government; Comments on Climate Change in the Arctic; and A Summary
of Canadian Environmental Law for Non-Canadian Practitioners (now chapter 18 of
International Environmental Law, published by the American Bar Association's Section of
Environment, Energy and Resources). Copies of these and other publications can be found at:
http://www.bennettjones.com/TaylorGray/?l=p.
François Tougas
Co-Chair, Transportation, Co-Chair, B.C., Competition
Vancouver
604.691.7425
[email protected]
education and year of call
practice areas
negotiated transactions
dispute resolution
competition and antitrust
foreign investment review
mergers
government and public policy
international trade
administrative law
industries
transportation
rail
terminals
marine

Called to the British Columbia bar - 1989

University of British Columbia, LLB - 1988

Brigham Young University, Provo, Utah, International
Relations (Department of Political Science) - 1985

Utah Technical College, Orem, Utah, (now Utah Valley
University) - 1983
profile
François Tougas is Co-Chair of the Transportation Group of
McMillan LLP. He practices regulatory, commercial and
antitrust law in connection with the railway industry. He
represents Canada’s largest bulk resource shippers in
negotiations and disputes with rail carriers involving price,
service, safety and risk allocation, as well as short line
railways and third parties in safety and risk assessment. His
clients include the largest shippers in Canada in the coal,
potash, agri-food, fertilizer, construction products and
petroleum products industries, including crude-by-rail. He was
lead counsel to Fortress Investment Group in the formation of
the Central Maine & Québec Railway and acquisition of the
assets of the bankrupt Montréal, Maine & Atlantic Railway. He
is on the Roster of Arbitrators appointed by the Canadian
Transportation Agency and a frequent lecturer and writer on
railway economics and policy.
teaching engagements

Adjunct Professor, University of British Columbia,
Faculty of Law, "Competition Law & Policy" (2006 –
2015) and "Topics in International Law: International
Business Transactions" (1994/98)
awards and rankings

Leader in Competition/Antitrust Law in Best Lawyers in
Canada 2011, 2012, 2013, 2014 and 2015

"AV Preeminent" Peer Review Ranking from MartindaleHubbell

Leader in Transportation Law in Chambers Global: The
World's Leading Lawyers for Business 2014

Leader in Competition Law and Transportation (Road &
Rail) Law, The Canadian Legal Lexpert Directory 2014
McMillan LLP | Lawyers | Vancouver | Calgary | Toronto | Ottawa | Montréal | Hong Kong | mcmillan.ca
www.mwn.com
Robert A. Weishaar Jr. is Chair of the Energy & Environmental
Group of McNees Wallace & Nurick LLC.
Bob’s practice focuses primarily on matters involving the state
and federal regulation of electricity supply and delivery, natural
gas supply and delivery, and oil pipelines. He has substantial
experience with electric industry restructuring in wholesale
and retail markets, and has appeared before state regulatory
commissions in Pennsylvania, Connecticut, Georgia, New
Jersey, New York, Oklahoma, West Virginia, Virginia, Ohio and
Delaware, and before the Federal Energy Regulatory Commission.
ROBERT A. WEISHAAR JR.
777 North Capitol Street, NE
Suite 401
Washington, DC 20002
202.898.5700
FAX 717.260.1765
[email protected]
AREAS OF PRACTICE
Energy, Communications and Utility Law
Government Relations
Mergers and Acquisitions
EDUCATION
American University, B.A., 1991, magna cum laude
Georgetown University Law Center, J.D., 1994
Law and Policy in International Business, Articles
Editor; Subcouncil
BAR ADMISSIONS
Pennsylvania, 1995
District of Columbia, 2002
On electricity and natural gas matters, Bob represents primarily
large industrial and commercial consumers of utility services,
and owners of Qualifying Facilities, before federal and state
administrative agencies and appellate courts. He also counsels
clients regarding the competitive procurement and self-supply of
utility services. Bob has also counseled clients on the state and
federal regulation of oil and natural gas pipelines.
Bob is Member-in-charge of the Washington, D.C. office.
MEMBERSHIPS AND AFFILIATIONS
Federal Energy Regulatory Commission, Attorney-Advisor, Office
of Administrative Law Judges 1994-1996
Pennsylvania Bar Association, Utility Law Section
Energy Bar Association
• Board of Directors, 2004-2009; 2012-present
• Charitable Foundation, President, 2012-2013
• Electric Utility Regulation Committee, Chair, 2001-2003
• Judicial Review Committee, Chair, 2003-2004
UMAC Baseball, Inc., Board Member, Vice President
The Best Lawyers in America®
COURT ADMISSIONS
Supreme Court of the United States, 2014
U.S. Court of Appeals for the First Circuit, 2001
U.S. Court of Appeals for the Third Circuit, 2007
U.S. Court of Appeals for the Fourth Circuit, 2009
U.S. Court of Appeals for the Seventh Circuit, 2007
U.S. Court of Appeals for the Ninth Circuit, 2008
U.S. Court of Appeals for the District of Columbia
Circuit, 1997
Harrisburg, PA
Lancaster, PA
Scranton, PA
State College, PA
Columbus, OH
Washington, DC
Steven Wellner
Steven Wellner is a Legal Advisor to Chairman Cheryl A. LaFleur at the
Federal Energy Regulatory Commission (Commission). He advises the
Chairman on matters in the PJM Interconnection, L.L.C., Midcontinent
Independent System Operator (MISO), and Southeast regions, as well as
matters concerning hydroelectric licensing, oil pipeline rates, and gas
rates. Before joining Chairman LaFleur’s staff in April 2014, Mr. Wellner
served as an Attorney-Advisor in the central division of the Commission’s
Office of General Counsel, Energy Markets section. In that role, he worked
on a number of significant Commission initiatives, including Order No. 1000
compliance proceedings in the West and Southeast, market design issues in
the MISO region, and disputes regarding open access and generator
interconnections in the West and MISO. He also served as the Commission’s
liaison to an interagency task force responsible for developing a preapplication review process for obtaining transmission siting approvals from
federal agencies.
Before coming to the Commission in June 2012, Mr. Wellner worked as an
associate in the energy practice at Dickstein Shapiro LLP, where he advised
energy project developers, owners, and operators regarding regulatory
compliance, cost recovery and allocation, and market design issues subject
to the Commission’s jurisdiction. In addition, he advocated on clients’
behalf before the Commission, other federal agencies, and state utility
commissions concerning both infrastructure and market issues.
Mr. Wellner received his J.D. from the Georgetown University Law Center
in 2007, and graduated in 2002 from Rice University with a double major in
history and political science.
Contact Information:
202-502-8306
Suite 11A-4
888 First Street, NE
Washington, DC 20426