PURPA Litigation And What Utilities & Developers Need to Know
February 23, 2017
8:00 – 8:30 a.m. :: Registration and Continental Breakfast
8:30 – 11:45 a.m. :: Workshop Timing
Navigating the Public Utility Regulatory Policies Act of 1978 (PURPA) and the resulting contractual negotiations between utilities and Qualifying Facilities (QF) is fast becoming a contentious subject and a potential reliability issue for utilities across the country.
With the uncertain impact of the Texas PUC Exelon Wind decision, FERC’s rejection of the competitive bidding process in Montana drastically limiting the use of RFPs, Maine’s upcoming bid to have distributed energy resources (DERs) considered QFs under PURPA, and the push in a growing number of Western states to significantly reduce the term of QF contracts— utilities must act now to understand how resources with QF certification will affect their operations and the bottom line.
This workshop is designed to provide instruction on PURPA and what is happening now across the US, as what happens in one decision re: the use of QF designation could impact utilities and developers in the Southeast region and around the country. Further, it will look into the future interpretation of QF contracts as renewable projects multiply and new classifications are created that will have an effect on grid stability, resilience, reliability and profitability.
Discuss the use of competitive solicitations in the PURPA context
Analyze dealing with legally enforceable obligations
Evaluate battles over PURPA contract length
Examine transmission issues arising out of the PURPA mandatory purchase obligation
Review pending federal legislation that would modify PURPA to classify DERs as QFs
Identify exemptions from the utility must-purchase obligation under PURPA Section 210(m)
This workshop is designed to survey and provide instruction on PURPA developments across the country, as what happens in one state can significantly impact utilities in the SE states and region. In particular, the workshop will provide attendees an opportunity to assess the best path forward as they negotiate and administer their QF contracts, including coverage of:
PURPA developments and trends at the state and federal level over the past several years
Lobbying state regulatory agencies: federal boundaries governing state authority underPURPA
Who’s the boss? Assessing PURPA litigation risk given fractured federal and state jurisdictional authority over PURPA issues
Claudia J. Earls, Chief Counsel, Northern Indiana Public Service Company (NIPSCO)
Claudia Earls joined NiSource in June of 2010 as Assistant General Counsel in its Indianapolis office. She currently serves as Chief Counsel for Northern Indiana Public Service Company. She manages complex, high risk matters, working with clients to develop strategies to effectuate business plan goals and to reduce potential areas of risk. Prior to working for NiSource she was a member of the Energy, Telecommunications and Utilities Department for Barnes & Thornburg LLP, Indianapolis, where her concentration was on the energy industry. Ms. Earls is a former administrative law judge with the Indiana Utility Regulatory Commission (“IURC”). She presided over cases involving ratemaking, financing, mergers and acquisitions, the Telecommunications Act of 1996, fuel and gas cost adjustments, inter-connection agreements, and the appointment of receivers for troubled utilities. She is the former chair of the National Association of Regulatory Utility Commission’s Administrative Law Judge Section. She also is the former editor of Indiana Utility Reports, a weekly newsletter, which reports on the orders issued by the IURC.
Ashley K. Wald, Partner, Holland & Hart LLP
Ms. Wald provides guidance to clients in the solar, wind, hydropower and natural gas industries as they develop energy projects and related infrastructure across the United States. She negotiates power purchase agreements on behalf of clients seeking to buy renewable power, including municipal utilities and electric cooperatives, and she is uniquely positioned to provide insights and strategic solutions based on her experience sitting on both sides of the negotiating table. In addition, Ms. Wald counsels clients in the purchase and sale of energy project assets and project companies.
Abby C. Briggerman, Of Counsel, Holland & Hart LLP
Ms. Briggerman counsels clients through a broad array of electric, natural gas and telecommunications matters before state regulatory agencies throughout the West and the Federal Energy Regulatory Commission (“FERC”). She represents large electric consumers, consumer coalitions, independent power producers, and natural gas companies in a variety of subject matters, including rate and reliability matters, tariff disputes, mergers and acquisitions, and transmission planning. She and her energy regulatory team practice before the public utilities commissions in Colorado, Wyoming, Montana, Utah, Idaho, Nevada and New Mexico, and also before the FERC.
Tammy Bramlett, Senior Manager – Renewable Energy Solutions, Tennessee Valley Authority
Mark Brown, Senior Customer Programs Officer, Fayetteville Public Works Commission
Eddie Easterling, Regulatory Pricing Services Manager, Alabama Power Company
Jimmy Glotfelty, Executive Vice President, Clean Line Energy
Scott Hammond, Project Administrator, Central Electric Power Cooperative (CEPC)
The Hon John Howard, Commissioner, South Carolina Public Service Commission
Elizabeth Ingram, Manager – Regulatory Research, Entergy
Danny Kassis, VP – Customer Relations and Renewables, South Carolina Electric & Gas
Mel Koleber, Vice President, Rye Development
Simon Mahan, Director, Southern Wind Energy Association
The Hon Lauren “Bubba” McDonald, Commissioner, Georgia Public Service Commission
Amanda Mortlock, Vice President, Utility Partnerships, 3 Degrees Inc.
The Hon Jeremy Oden, Commissioner, Alabama Public Service Commission
Andrew Owens, Director – Regulatory Research, Entergy
Autumn Proudlove, Senior Policy Analyst, North Carolina Clean Energy Technology Center
Marc Vinson, Renewable Resources Supervisor, Georgia Power
Ashley Wald, Partner, Holland & Hart
North Charleston Marriott
4770 Goer Drive
North Charleston, South Carolina 29406
To reserve your room, please call 1-843-747-1900 or book online here.
Please indicate that you are with the EUCI group to receive the group rate.
The room rate is $119.00 single or double plus applicable taxes.
Room Block Dates:
A room block has been reserved for the nights of February 22 - 23, 2017.
Rate Available Until:
Make your reservations prior to January 20, 2017. There are a limited number of rooms available at the conference rate. Please make your reservations early.