By - Jon Brown

Legal & Regulatory Issues in Electric Utility Projects
August 5-6, 2019 | Denver, CO

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Regardless of their function, all leaders and managers must work within, monitor, and often provide guidance in the adherence to and/or the implementation of applicable codes, standards, and legal and regulatory requirements. This course aims to familiarize students with the purpose and function of the many governing or contributing bodies at the state and federal level in producing and enforcing the many laws and regulations associated with electricity projects. Legal issues generally constrain options available to project managers.  Project managers need to be articulate as to why regulators will approve the project, why projected returns will be achieved, and why the projected schedule is achievable.  This course will explore how to avoid potential legal pitfalls and exploit flexibility in the regulatory structure to help ensure your project is green-lighted.  Topics will include: typical State utility statutes, Federal Energy Regulatory Commission (FERC) regulations, the Environmental Protection Agency (EPA) regulations, and other applicable Federal, state and local laws.  The role of the industry associations, non-government organizations, private interest groups and other private organizations will also be discussed.

Learning Outcomes  

  1. Define the purpose and function of the various entities (government, private, and non-profit) that impact the energy production industry
  2. Explain the role of Federal, State and local laws and the impact on the energy production industry
  3. Compare and contrast the roles of the decision-making entities engaged in regulation of energy production in a given scenario or case study in order to predict the range of possible decisions and their likelihood
  4. Identify energy policy and economic issues that will need to be addressed in an energy project
  5. Contrast situations of market failure where additional regulation or regulatory action is needed with situations of regulatory failure where excessive regulatory control stifles economic activity
  6. Identify the touch points with environmental policy which might constrain economic benefits of an energy project or enhance returns for projects with carbon-free generation benefits
  7. Differentiate the role of the private organizations, like industry associations, non-government organizations, and private interest groups from government organizations engaged in the energy production industry



EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 1.1 CEUs for this event.

Continuing legal education (CLE), also known as mandatory or minimum continuing legal education (MCLE) or, in some jurisdictions outside the United States, as continuing professional development, consists of professional education for attorneys that takes place after their initial admission to the bar.

This event has been approved by the Colorado State Supreme Court Board of Continuing Legal and Judicial Education for 11 CLE credits.

Requirements for Successful Completion of Program 

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

Instructional Methods

PowerPoint presentations, interactive group exercise, and group discussion will be used during this course. 


Monday, August 5, 2019 

8:00 – 8:30 a.m. :: Registration & Continental Breakfast

8:30 a.m. – 5:00 p.m. :: Course Timing 

12:00 – 1:00 p.m. :: Group Luncheon

Introduction of Instructor and Attendees

  • Course logistics and attendee responsibilities
  • Instructor background
  • Attendee self-introductions and interest in electricity project management
  • Learning objectives and goals of the course

Electricity Transmission and Wholesale Sales

  • Federal Power Act, Evolution of the Wholesale Electricity Markets
  • Grid Reliability; The Role of NERC
  • Capacity v. Energy; Proper Regulation of Price-Takers in a Capacity Market
  • Dispatch Curve in Organized Markets; Avoiding Material Misrepresentation in Future Value of Generation Assets
  • Local Marginal Pricing, Parent v. Child Bids, and When Should Regulators Treat Transmission Projects as Generation Assets
  • Monetarizing Ancillary Services; Pricing Reliability and Resilience into PPAs Without Impacting Regulation of Wholesale Markets
  • Enron and the Western Energy Crisis of 2000; Lessons Learned

Environmental Law & Regulation of Greenhouse Gases

  • Environmental Law and Climate Change in a Nutshell
  • Regional Greenhouse Gas Initiatives and Avoiding Legal Minefields in a Voluntary Program
  • State Law of Renewable Energy Certificates (REC) and Zero-Emission Credits (ZEC); Achieving Valuable State Policy Objectives and Undermining Organized Markets
  • EPA Clean Power Plan; What Legal Standards Were Not Met?

Retail Electricity Distribution

  • State Rate Regulation of a Natural Monopoly
  • Regulation to Foster Investment in Advanced Meters
  • Growth in Electric Cars Creating Demand for Non-Traditional Customer Rate Tariffs
  • Rooftop Solar and Net-Metering Rules
  • Regulatory Reform to Foster Utility Scale Solar—both Photovoltaic and Thermal
  • Behind the Meter Regulatory Options for Distributed Generation and Electricity Storage v. Virtual Generation

Tuesday, August 6, 2019 

8:00 – 8:30 a.m. :: Continental Breakfast 

8:30 a.m. – 12:00 p.m. :: Course Timing 

Baseload Generation

  • The Legal War on Coal is Over
  • The Case for Regulatory Reform to Foster New Nuclear
  • Ending Tax Credits and Regulatory Inertia Stop On- and Off-Shore Wind Generation
  • Tax and Regulatory Incentives Foster Wellhead Natural Gas Combined Cycle Generation

Variable Generation

  • Why FERC Rules Favor Natural Gas Combustion Turbines
  • Can Regulatory Reform Foster New Nuclear for Variable Demand?
  • Relicensing Dams, Hydropower, and Bulk Electric System Stability with Acceptable Environmental Impact
  • State Law of Renewable Portfolio Standards—Part of the Solution or Part of the Problem?


Budd Haemer, Sr. Nuclear Counsel, American Electric Power

Mr. Haemer has been teaching this course as part of the baccalaureate program for a degree in Energy Development and Production Management at Lake Michigan College since 2017. He is currently Senior Nuclear Counsel for American Electric Power at its D.C. Cook Nuclear Plant in Bridgman, Michigan and prior to that was a lawyer with Pillsbury Winthrop Shaw Pittman, LLC.  His practice covers a wide range of legal topics necessary for successful support of commercial power operation, including State and NRC regulatory matters, commercial transactions, employee relations, government affairs, and spent nuclear fuel management.

Prior to becoming a lawyer, Mr. Haemer served in the U.S. Navy as an engineering duty officer and his work covered control of nuclear testing, quality assurance, radiological protection, and defueling of submarine reactors. He rose to the level of Deputy Program Manager for environmental, health, and safety programs.


Hyatt Place DTC

8300 E Crescent Pkwy

Englewood, CO 80111

Reserve your room:

please call 1-303-804-0700

Room Block Reserved For:

Nights of August 4 – 5, 2019

Room rate through EUCI:

$149.00 single or double plus applicable taxes
Make your reservations prior to July 15, 2019.


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

EventEarly Bird Before
Friday, July 19, 2019
Standard RateAttendees
Legal & Regulatory Issues in Electric Utility ProjectsUS $ 1195.00 US $ 1395.00

Register 3 Send 4th Free!

Any organization wishing to send multiple attendees to these conferences may send 1 FREE for every 3 delegates registered. Please note that all registrations must be made at the same time to qualify.

Cancellation Policy

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 July 05, 2019 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

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