Serving the energy industry for over 30 years
By - Jon Brown

FERC Electricity Compliance and Enforcement
September 9-10, 2020 | Online :: Central Time

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Overview

The FERC Electricity: Compliance and Enforcement course provides a comprehensive overview of the agency’s impact on the electric power industry. This course is designed for attendees who are seeking a basic knowledge of FERC, desiring a refresher course, or wanting to learn about how the Trump administration and changes in congressional leadership influence the commission.

This course looks at many of the substantive requirements with which utilities – and in some cases, other participants in the electricity markets – must comply.  In addition, it addresses steps that can be taken before FERC initiates an investigation or audit, describes what happens if FERC decides to act and when and what an organization should do in that case, and reviews the array of penalties that could be imposed when a violation occurs.

Learning Outcomes

FERC has a large – and growing – presence in the electric industry, especially in light of the Energy Policy Act of 2005. Attendees will be able to recognize and relate the nature of the FERC role and how agency actions may affect regulated entities and the marketplace.

  • Identify the substantive requirements involved in ensuring compliance with FERC regulations
  • Discuss the FERC organization and describe the divisions that are responsible for enforcement of FERC requirements
  • Describe the essential elements of protecting an organization by establishing proactive measures focused on maintaining compliance
  • Explain what makes an internal compliance and audit program effective
  • Define the purpose of the FERC hotline
  • Examine various scenarios of actions that can be taken by FERC and consider organizational responses
  • Recognize penalties that can be imposed by FERC
  • Consider mitigating factors that may apply to FERC actions and their benefits

Credits

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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 1.0 CEUs for this event.

 

Instructional Methods

This program will use PowerPoint Presentations, group discussions, as well as active participation.

Requirements for a Successful Completion of Program

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

Agenda

Wednesday, September 9, 2020 Central Time

8:45 – 9:00 a.m.:: Log In and Welcome

9:00 a.m. – 4:00 p.m. :: Course Timing

12:00 – 12:30 p.m. :: Lunch Break


Electric Power: Industry Overview, Organization, and Federal/State Distinctions

  • Getting to Know FERC
  • An Overview of FERC
  • Regulation before FERC

Exploring FERC’s Jurisdiction

  • FERC Authority and Jurisdiction
  • State Authority and Jurisdiction

Principles of Electric Regulation

  • Regulation Under the Federal Power Act
  • Just and Reasonable Rates
  • Prohibition Against Undue Discrimination
  • Filed Rate Doctrine
  • Rule Against Retroactive Ratemaking
  • Due Process and Burden of Proof
  • Basics of Ratemaking

FERC Practice and Procedure

  • Types of Proceedings
  • Overview of Regulatory Process

The Introduction of Competition

  • PURPA
  • EPAct 1992
  • Order 888 and its Progeny
  • Order 2000
  • Recent Developments

Organized Markets (RTOs, ISO, and ITCs)

  • RTO Characteristics and Functions
  • Major Market Issues

12:00 – 12:30 p.m. :: Lunch Break


Utility Mergers and Acquisitions

  • Historical Overview
  • PUHCA and EPACT 2005
  • FPA Section 203
  • FERC Merger Policy

New Developments

  • Formula Rates
  • FERC’s NEPA Review

Introduction to Electric Reliability:  Mandatory and Enforceable Reliability Regime

  • Reliability History
  • Federal Power Act and Energy Policy Act of 2005
  • NERC

Current Threats and Emerging Issues 

  • Use of FERC’s Top-Down Authority
  • Scope of Emerging and Evolving Challenges

Transition to Risk-Based Monitoring and Enforcement

  • Monitoring and Enforcement Processes
  • Risk-Based Enforcement

Thursday, September 10, 2020 Central Time

8:45 – 9:00 a.m. :: Log In and Welcome

9:00 am – 12:00 p.m. :: Course Timing


Reliability Compliance Best Practices

  • Understanding Regulatory Context
  • Cultivating Internal Structure
  • Conducting Compliance Reviews
  • Engaging in ERO CMEP Activities

Introduction to Market Manipulation 

  • FERC Enforcement Background
  • Historical Development of FERC Enforcement
    • Prior to FERC: 1930s – 1970s
    • Non-FERC Agency Enforcement Regimes
    • Initial FERC Regime: 1977 – 2005
  • Current FERC Regime: 2005 – Present
    • Order No. 670
    • Typical Enforcement Issues
    • Examples of Prohibited Actions
    • Case Studies

FERC Enforcement Process and Audits

  • How Enforcement Investigations Undertaken
  • Settlement Procedures
  • Orders to Show Cause
  • Appeal Routes
  • Penalties
  • Guidance Letters
  • Audits
    • How Conducted
    • Recent Examples

Enforcement Penalties and Best Practices

  • FERC Penalty Guidelines
  • Best Practices for Handling the FERC Enforcement Process

Instructors

Peter Scanlon/ Shareholder / Duncan, Weinberg, Genzer & Pembroke, P.C.

Peter  is a Shareholder with Duncan, Weinberg, Genzer, & Pembroke, P.C. with over 25 years of experience on matters involving energy law, administrative law, litigation, and the regulation of electric and natural gas public utilities.  Mr. Scanlon represents a wide range of clients before the Federal Energy Regulatory Commission (FERC) in proceedings involving electricity and natural gas tariff and rate proceedings and investigations.  Peter also represents clients’ interests in Federal Power Marketing  Administration proceedings, before state public utility commissions, and various state and federal courts.   He also regularly advises clients with respect to matters pertaining to regulatory compliance and enforcement, Regional Transmission Organization/Independent System Operator tariffs and stakeholder processes, dispute resolution, rulemakings,  interconnection agreements, municipal law,   renewable energy project development, take-off agreements, and power plant acquisitions and construction.  Mr. Scanlon regularly negotiates standard energy industry contracts, with substantial experience negotiating NAESB, ISDA, and EEI agreements on behalf of his clients.  Mr. Scanlon develops annual updates for a treatise on administrative procedures for Lexis Nexis. Prior to joining DWG&P, Mr. Scanlon was in-house counsel for  a natural gas public utility holding company involved in natural gas exploration, interstate pipelines, storage, local distribution, and energy production and marketing.


Sean Neal / Shareholder / Duncan, Weinberg, Genzer & Pembroke, P.C.

Sean is a Shareholder with Duncan, Weinberg, Genzer and Pembroke, P.C., practicing from the firm’s Sacramento, California office.  Sean’s practice has focused on the legal needs of municipal and cooperative electric utility clients.  He has advised clients on their compliance obligations under the mandatory Reliability Standards regime enforced by the North American Electric Reliability Corporation and Western Electricity Coordinating Council, including as to the preparation for audits, negotiation of delegation agreements for such standards and providing advice at regularly held, client compliance meetings.  He has helped clients navigate through the formal, standards violation and settlement process, aiding clients to reach mutually acceptable resolutions with compliance enforcement authorities.

Sean’s experience with the electric utility industry has extended to the negotiation of fundamental business transactions, including power purchase and interconnection agreements.  Sean has litigated rate and contractual disputes involving the electric utility industry before the Federal Energy Regulatory Commission, California State Court, Federal Appellate and District Court and the American Arbitration Association. He has represented clients through processes before the California Energy Commission, California Public Utilities Commission, California Air Resources Board and the California Independent System Operator Corporation, including in matters involving implementing regulations for California’s climate laws and proposals concerning administration and expansion of organized markets in California and the West.


Adriana Velez-Leon/Attorney / Duncan, Weinberg, Genzer & Pembroke, P.C.

Adriana is an Attorney at Duncan, Weinberg, Genzer and Pembroke, P.C. since 2017. Her practice areas include energy, environmental, administrative, non-profit, communications, contract, and corporate law, as well as litigation and project development and finance.  Adriana primarily represents municipal and tribal utilities, electric cooperatives, and other government entities on electric regulatory matters, including ratemaking, open access transmission tariffs, and reliability issues. 

Adriana regularly appears before FERC in administrative litigation and settlement proceedings.  She also advises clients on electric reliability regulations promulgated by the North American Electric Reliability Corporation (“NERC”), the Western Energy Coordinating Council, and other standard-setting organizations.  She has helped clients navigate through reliability audits, and monitored new and pending revisions to reliability standards to help clients understand their compliance obligations.  Additionally, Adriana has assisted clients with the negotiation and preparation of various contracts and other transactional documents, including power purchase agreements and other financing and procurement contracts. 

Prior to joining Duncan, Weinberg, Genzer and Pembroke, P.C., Adriana served as a Law Clerk at the U.S. Environmental Protection Agency, Office of Criminal Enforcement, Forensics, and Training, where her work included analyzing Congressional intent of the states’ role in implementing the National Permit Discharge Elimination System under the Clean Water Act.  Adriana also served as a Law Clerk for the U.S. Department of Justice, Environmental and Natural Resources Division, Environmental Enforcement Section, where she drafted memoranda and initiated discovery proceedings for a case regarding the release of hazardous substances in violation of the Clean Water Act.

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.

  • You will receive a meeting invitation will include a link to join the meeting.
  • Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
    • You will need to join the appropriate meeting at the appropriate time.
  • 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: 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 registrants for three business days after the event

Event Standard RateAttendees
FERC Electricity: Compliance and Enforcement - (single connection)US $ 1195.00
Pack of 5 connectionsUS $ 5,375.00
Pack of 10 ConnectionsUS $ 9,865.00
Call us at 303.770.8800 if you have any specific questions on the volume discounts
* all other discounts do not apply to license packs

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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 August 07, 2020 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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