Understanding State Regulatory Requirements for Utilities

Understanding State Regulatory Requirements for Utilities

April 2, 2024 | Online :: Central Time

State regulatory requirements can vary significantly from one region to another, reflecting the unique economic, social, and environmental factors of each state. Staying informed about state regulatory requirements is vital for businesses and professionals operating in regulated industries to ensure compliance, manage risks, and contribute to the responsible and sustainable development of their sectors. This event will elevate your understanding of state regulatory nuances in the utilities sector by offering discussions that compare and contrast regulatory requirements between different states and regions.

Join us to refine your regulatory approach and position your organization for sustained success.

Learning Outcomes

  • Discuss how utilities are regulated at the state level
  • Summarize the process that a state regulatory agency or state energy office takes to make decisions or develop regulations
  • Explore current regulations, rules, requirements, and expectations of the 404 regulatory processes associated with utility infrastructure site and construction
  • Gain a perspective of the regulatory framework for utilities for certain states in the US
  • Explore federal and state regulation of environmental claims
  • Discuss the applicable statute and regulations of the power plant and line siting process
  • Review regulatory compliance tips for the power plant and line siting process
  • Summarize the approaches that several states are taking to develop frameworks for proactive hosting capacity upgrade planning
  • Discover grid upgrade cost allocation principles

Agenda

Tuesday, April 2, 2024 : Central

8:45 – 9:00 a.m.
Log In and Welcome

12:30 – 1:15 p.m.
Lunch Break

9:00 a.m. – 4:45 p.m.
Conference Timing

9:00 – 9:10 a.m. :: Overview and Instructions

9:10 – 9:45 a.m. :: Demystifying the State Regulatory Framework

Climate tech companies focused on creating a novel solution to a problem within the energy industry frequently face regulatory roadblocks when it comes to deploying their technology for utilities. Specifically, these companies can have difficulties understanding state regulation of utilities, why they are regulated in such a manner, and how they can advocate within that structure for outcomes that benefit their business. This presentation will share WeaveGrid’s insights on these challenges, as well as:

  • Provide a high-level overview of how utilities are regulated at the state level
  • Explain the internal structure of state regulatory agencies and state energy offices
  • Summarize the process that a state regulatory agency or state energy office takes to make decisions or develop regulations
  • Outline what opportunities state oversight and input into energy policy provides for climate tech companies to influence and advocate for certain policies

Steve Bright, Senior Manager, Policy and Regulatory Affairs and Legal Counsel, WeaveGrid

9:45 – 10:30 a.m. :: Understanding the State Regulatory Requirements Framework: A Colorado Case Study

In this session, presenters will use the state of Colorado as a case study to provide an overview of the regulatory framework for utilities. This session will provide a brief historical overview of utility regulation as well as regulatory authorities, laws, and regulations governing utility operations, and the responsibility of state and local entities in energy development. The session will also discuss the decision-making process and its relationship to Colorado energy laws and policies.

Jocelyn Durkay, Associate Director of Regulatory Policy, Colorado Energy Office

Erin O’Neill, Deputy Director of Fixed Utilities, Colorado Public Utility Commission

10:30 – 10:45 a.m. :: Morning Break

10:45 –11:30 a.m. :: Arizona’s Regulatory Framework for Utilities

This session will address how the regulatory framework for utility regulation in Arizona differs from that in many other states. The Commissioners of the Arizona Corporation Commission (ACC) are elected, and ratemaking authority is granted by the state Constitution. This session will also address the rulemaking process and describe the ACC’s rules for renewable energy and energy efficiency.

Barbara Keene, Chief, Telecom & Energy, Arizona Corporation Commission, Utilities Division

11:30 a.m. – 12:30 p.m. :: Arizona Power Plant and Transmission Line Siting Requirements

In 1971, the Arizona Legislature created the Arizona Power Plant and Transmission Line Siting Committee to review construction of new major electric facilities in Arizona and make recommendations to the Arizona Corporation Commission. Today, the Arizona Power Plant and Transmission Line Siting Committee has before it a robust slate of electric infrastructure projects looking to enter Arizona. Due to the surge in new technology and infrastructure, the relevant statutes and regulations no longer operate effectively and efficiently in reviewing projects and are being updated to accommodate the evolution of the energy industry. This session will provide attendees with an overview of the power plant and line siting process, discuss the evolution of the applicable statute and regulations, and provide tips for ensuring compliance with this regulatory regime.

Meghan H. Grabel, Partner, Osborn Maledon, P.A.

12:30 – 1:15 p.m. :: Lunch Break

1:15 – 2:00 p.m. :: State Approaches to Proactive Hosting Capacity Upgrade Planning

This presentation will highlight the approaches that several states are taking to developing frameworks for proactive hosting capacity upgrade planning. A forward-looking approach to readying the electric grid for more distributed energy resources and electrification. Participants will learn about different planning processes, load and DER forecasting methodologies, and grid upgrade cost allocation principles. Some of the states the presentation will cover have already adopted integration distribution planning frameworks, while others are in the process of developing these frameworks through regulatory dockets.

Radina Valova, Regulatory Vice President, Interstate Renewable Energy Council

2:00 – 2:45 p.m. :: State Regulatory Requirements in New York

This discussion will provide an over of the regulatory framework in New York and also touch on the following topics:

  • Clean energy standards
  • Energy efficiency standards
  • Obligations of utilities
  • Compliance
  • Program design

Jessica Waldorf, Chief of Staff & Director of Policy Implementation, NY Department of Public Service

2:45 – 3:00 p.m. :: Afternoon Break

3:00 – 3:45 p.m. :: Wetland Regulations and the Definition of WOTUS Under the Clean Water Act

Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into Waters of the United States (WOTUS), including wetlands. But this program has changed frequently, even over the past few years, and is at best difficult to interpret relative to what wetlands are regulated, what actions within those wetlands are regulated, and what permit decisions might be expected. This talk will provide an understanding of the current regulations, associated rules, and general requirements and expectations of the 404 regulatory processes associated with utility infrastructure site and construction.

Kevin R. Bliss, Ph.D., PWS; Division Director, Environmental Affairs and Permitting, RIC Development, LLC

3:45 – 4:45 p.m. :: Expanding Oversight & Regulatory Risks Concerning Environmental Claims

This session will provide an overview of the key regulations and oversight mechanisms applicable to clean energy including the following topics:

  • What is REC?
    • REC definition, including by state regulation, generation information system, and by contract
    • Deconstructing environment attributes
    • RECs and emissions
  • Federal and state regulation of environmental claims
    • Inclusive of FTC and SEC, private securities fraud, and greenwashing
  • Claims of what is delivered to customers and by the seller of what is delivered
    • FTC, FERC, EPA and state regulation thereof
    • Federal and state anti-manipulation and fraud statutes
  • Use of market instruments, such as RECs, for Scope 1 and Scope 2 GHG emissions claims
  • Federal regulation of GHG emissions claims by FTC, SEC, CFTC, IRS, FAR
  • Carbon border adjustment taxes

Bobby Singh, OGC Regulatory Law Group, Director and Associate General Counsel, Tennessee Valley Authority

Speakers

Kevin R. Bliss, Ph.D., PWS; Division Director, Environmental Affairs and Permitting, RIC Development, LLC

With over 35 years’ experience in Permit, Project, and Program Management across several eastern states, Dr. Kevin Bliss has considerable experience in environmental management and permitting at the local, state, and federal levels. Kevin was a NYS Department of Environmental Conservation (DEC) Permit Manager for over 30 years, where he managed teams throughout upstate NY, coordinating environmental assessment and regulatory oversight of public, commercial, and industrial development. Since “retiring” from DEC, Kevin has worked as a permit and project manager in renewable energy consulting and development, currently heading the Division of Environmental Affairs and Permitting at RIC Energy, USA. Kevin also has chaired the NYS Wetlands Forum and the Atlantic States Legal Foundation, two non-profits specializing in environmental concerns, including development and permitting. Kevin’s doctorate in environmental science, from the SUNY College of Environmental Science and Forestry (ESF), focused on regulatory management of natural resources. Kevin has taught various environmental management courses at ESF and elsewhere as an adjunct professor for much of the past 20 years. 


Steve Bright, Senior Manager, Policy and Regulatory Affairs and Legal Counsel, WeaveGrid

Steve Bright is WeaveGrid’s East Coast lead on the Policy and Regulatory Affairs team. Steve has extensive experience with government program development, utility regulatory proceedings, and stakeholder engagement. Before WeaveGrid, Steve worked as a regulatory attorney for Day Pitney LLP and Locke Lord LLP, as well as for the Massachusetts Department of Energy Resources and the Massachusetts Department of Public Utilities. Steve’s work in private practice included representing various energy clients at state public utility commissions and energy agencies across the country. Steve’s work in government included overseeing public utility commission proceedings as a hearing officer, as well as developing renewable energy incentive programs for the Commonwealth of Massachusetts. Before these roles, Steve began his career at the City of Boston Transportation Department, focusing on mobility programs and transportation-related policy development. Steve holds a B.A. in government from Connecticut College, and a J.D. from New England Law Boston.


Jocelyn Durkay, Associate Director of Regulatory Policy, Colorado Energy Office

Jocelyn Durkay is the Associate Director of Regulatory Policy in the Policy Unit at the Colorado Energy Office (CEO), where she has been employed since January 2018. In her current role, she helps fulfill the Office’s mission to reduce greenhouse gas emissions and consumer energy costs by advancing clean energy, energy efficiency and zero emissions vehicles to benefit all Coloradans. Jocelyn leads the office’s regulatory strategies before the Public Utilities Commission (Commission) and manages the day-to-day operations of CEO’s Policy Unit.

In her time as CEO, Jocelyn has sponsored testimony in numerous Commission proceedings, as well as CEO’s comments in various rulemakings. Additionally, Jocelyn has contributed to the Office’s regulatory strategy in Commission proceedings concerning performance mechanisms, electrical resource planning, demand side management, renewable energy plans and rules, interconnection rules, gas infrastructure planning, utility decarbonization, electricity markets, transportation and building electrification, utility line extensions, and other topics. She has previously served as a Manager of Regulatory Affairs and Senior Regulatory Analyst in the Policy Unit as CEO, and a Policy Analyst in the Low-Income and Residential Energy Services Unit.

Prior to her time as CEO, Jocelyn was a member of the Energy Program at the National Conference of State Legislatures (NCSL). At NCSL, Jocelyn provided technical assistance on legislative actions and state programs, authored numerous publications and reports, and has presented on state perspectives and trends in energy policy before various audiences. Jocelyn holds a Bachelor of Arts from Vassar College and a Master of social work from the University of Denver.


Meghan H. Grabel, Partner, Osborn Maledon, P.A.

At Osborn Maledon, Meghan represents energy, water, wastewater, and natural gas companies in their transactional and regulatory matters, including expansion off service areas, rate cases, financing applications, negotiation of various extension and service agreements, plant and service territories acquisitions and divestitures, renewable energy and transmission projects (including approvals and development), and appeals from adverse administrative and public utility commission decisions. She represents telecommunications and technology clients, including cable and telecommunication providers, in contract negotiations and legislative activities with state and local governments. She has also represented large industrial and commercial users of electric services in commercial proceedings and negotiations.

Meghan regularly represents parties in power plant and line siting proceedings, as well as policy dockets and rulemakings at the Arizona Corporation Commission. She also represents entities in condemnation matters, and several clients depend on Meghan as outside general counsel. Meghan was featured in Attorney at Law Magazine and was named among the “Most Influential Women” by AZ Business Magazine in 2021. In 2022 she was named Energy Law Lawyer of the year by Best Lawyers.

In addition to her position on several boards and executive committees, she also teaches a course on Utility Law and Regulation at her alma mater, Arizona State University Sandra Day O’Connor College of Law. She was first in her class, graduating summa cum laude and Order of the Coif. Before entering private practice, Meghan was judicial clerk for Judge Barry Silverman on the Ninth Circuit Court of Appeals and for Justice Andrew Hurwitz of the Arizona Supreme Court.


Barbara Keene, Chief, Telecom & Energy, Arizona Corporation Commission, Utilities Division

Barbara Keene is the Chief of the Telecom and Energy section in the Utilities Division of the Arizona Corporation Commission (ACC). The section conducts economic and policy analyses of applications filed by electric, natural gas, propane, telecom, water, and wastewater public utilities. Barbara has been at the ACC since August of 1989. Before joining the ACC, Barbara was the Labor Market Information Supervisor in the Economic Analysis Unit of the Arizona Department of Economic Security.

Barbara received a Bachelor of Science degree in Political Science from Arizona State University, a Master of Public Administration degree from Arizona State University, and an associate in arts degree in Economics from Glendale Community College.


Erin O’Neill, Deputy Director of Fixed Utilities, Colorado Public Utility Commission       

 


Bobby Singh, OGC Regulatory Law Group,
Director and Associate General Counsel, Tennessee Valley Authority

Bobby is a strategic advisor, executive, and lawyer with an enterprise-wise perspective, integrating business strategy and leadership experience. Bobby currently leads TVA’s Regulatory Law Group and reports directly to its General Counsel/EVP as TVA navigates evolving changing regulations in pursuit of net-zero emissions operations. Bobby’s team of attorneys provide counsel to leadership and business partners in support of TVA’s (i) nuclear fleet and new dvanced nuclear program, (ii) environmental matters, (iii) wholesale power supply; (iv) generation operations; and (v) electric transmission grid functions. TVA is the nation’s largest public power utility, and its 2nd largest transmission system.

Most recently, Bobby served as Deputy General Counsel at Duke Energy, where he led all aspects of legal strategy, transactional affairs, rates and regulatory litigation, and compliance for Duke Energy’s wholesale business, regulated renewables purchases, commodity trading and system optimization, and enterprise-wise derivatives compliance.

Bobby’s breadth and depth knowledge includes electricity, natural gas, environmental commodity markets, structured transactions, commodity trading, mergers, acquisitions, project development, derivatives, regulatory compliance, and litigation before state and federal regulatory commissions.


Radina Valova, Regulatory Vice President, Interstate Renewable Energy Council

As Vice President of IREC’s Regulatory Program, Radina Valova provides strategic direction and oversight of IREC’s regulatory team. Radina has ten years of experience in energy and climate law and policy, with a focus on the electric and gas utility sectors, utility transformation, and a just transition to a decarbonized economy for underserved and disadvantaged communities. Prior to joining IREC, Radina served as a Senior Staff Attorney for the Pace Energy and Climate Center in White Plains, New York, where she led the Center’s engagement in New York’s Reforming the Energy Vision, developed policy solutions for decarbonizing the buildings sector, and pushed for clean and affordable energy for low- and moderate-income communities. Radine is a graduate of the Elisabeth Haub School of Law at Pace University, with JD Certificates in Environmental and International Law, and an LL.M. in Land Use and Sustainable Development.


Jessica Waldorf, Chief of Staff & Director of Policy Implementation, NY Department of Public Service

Online Delivery

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

  • Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
  • You will receive a separate email with a unique link to a personalized landing page which will include links to join all sessions of this event.
  • If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
  • The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Register

Please Note: Confirmed speakers do not need to register and are encouraged to participate in all sessions of the event. If you are a speaker and have any questions please contact our offices at 1.303.770.8800

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all attendees for 7 days after the event

REGISTER NOW FOR THIS EVENT:

Understanding State Regulatory Requirements for Utilities

April 2, 2024 | Online
Individual attendee(s) - $ 895.00 each

Volume pricing also available

Individual attendee tickets can be mixed with ticket packs for complete flexibility

Pack of 5 attendees - $ 3,580.00 (20% discount)
Pack of 10 attendees - $ 6,265.00 (30% discount)
Pack of 20 attendees - $ 10,740.00 (40% discount)

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before March 01, 2024 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

CEUs

Credits

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EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

EUCI is authorized by IACET to offer 0.7 CEUs for this event

Requirements for Successful Completion of Program

Participants must sign in/out each day, be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

Power Point presentations and Q&A


Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 7.5
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group Internet Based
Advanced Preparation: None

CpeEUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org

 

Who Should Attend

  • Regulatory Policy Specialists & Analysts
  • Regulatory Affairs Managers
  • Environmental Compliance Officers
  • Energy Project Managers
  • Government Regulators
  • Legal Counsel specializing in Environmental and Regulatory Law
  • Utility Engineers
  • Public Service Commissions
  • Utilities