Law Seminars International Presents: The Second Annual Two-Day Conference on

Tribal Energy in California
New opportunities for tribal projects, new policies, regulations and markets

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



June 22 & 23, 2009
Morongo Casino Resort & Spa in Cabazon, CA

Who Should Order This Homestudy

Attorneys, tribal, industry and government representatives, energy decision makers, consultants and financial institution executives

Why Order

The President's stimulus package and other economic development efforts are causing California tribes to transition from merely providing land, energy or rights of way, to becoming active entrepreneurial participants in energy projects. Tribal leaders are faced with choices of developing and operating their own utilities, power generation, forming joint ventures and building new alliances with other tribal entities, utility and energy companies, or other strategic business partners.

This conference focuses on specific market opportunities for tribal energy projects in California and energy sales from projects outside the state. We will discuss federal and state policies, practicalities of funding projects and structuring deals with both development partners and the buyer of the power, tools for overcoming regulatory hurdles, transmission for getting your power to market, and more. The conference concludes with a discussion of ways for tribes to act collectively and to leverage energy project investments to further promote economic development.

Our distinguished faculty will provide attorneys, tribal representatives, industry executives and consultants with key information on successful energy development. Don't miss this opportunity to explore the ever-expanding opportunities for tribal energy and economic development in California and its regional neighbors.

~Program Co-Chairs: Donald M. Clary, Esq. and Ralph E. Hitchcock

What You Will Learn

What Attendees Said



Agenda

Monday, June 22, 2009

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Donald M. Clary, Esq., Program Co-Chair
Holland & Knight LLP / Los Angeles, CA

Ralph E. Hitchcock, Program Co-Chair, President
Ralph E. Hitchcock & Associates / Cathedral City, CA

 
8:40 am

Invocation

Ernest Siva, Tribal Historian
Morongo Band of Mission Indians / Banning, CA

 
8:45 am

California's New One-Stop Permitting Process for Renewables

Provisions of Executive Order S 14-08; implementation efforts and priorities; what to expect in terms of processes and timelines; applicability to projects under development such as the tribal ones in the San Bernardino and Riverside areas

Kevin Hunting, Deputy Director, Ecosystems Conservation Division
California Department of Fish & Game / Sacramento, CA

 
9:30 am

The Current Market for New Generation: Impact of California's New Renewables Targets

How Executive Order S 14-08 changes California's demand profile; new Renewable Energy Action Team; how tribal energy fits into the new targets

Jan Smutny-Jones, Executive Director
Independent Energy Producers Association / Sacramento, CA

 
10:15 am

Break

 
10:30 am

What Type of Generation Would the State and Utilities Like to See, Where, and When?

A statewide look at locations in need of more power and what is currently coming down the pike

Arthur J. O'Donnell, Executive Director
The Center for Resource Solutions / San Francisco, CA

What influences the purchasing criteria for the various utilities?

Manuel Alvarez, Director - Strategic Policy & Regulation
Southern California Edison / Sacramento, CA

 
11:45 am

Lunch (on your own)

 
1:00 pm

Financing Tribal Energy Projects in an Era of Tight Money

Overview of who is getting funding for what energy projects, and how they're doing it

Sandra Ringelstetter Ennis, Vice President
NERA Economic Consulting / CHICAGO, IL

What the money people want to see in a project proposal for the California market

Douglas MacCourt, Esq.
Ater Wynne LLP / Portland, OR

 
2:15 pm

Leveraging Government Programs to Promote Tribal Energy Development

How tribes are utilizing and leveraging tribal capital and non-monetary assets in development partnerships, as well as employing federal programs and vehicles, to add value to joint ventures

Sandra Begay-Campbell, Ph.D., Principal Member of the Technical Staff
Sandia National Laboratories / Albuquerque, NM

 
3:00 pm

Break

 
3:15 pm

Nuts and Bolts of Structuring the Project

Assembling the right team, setting up the right relationships among the participants, and putting together an attractive proposal for the current financial climate; feed in tariffs

Randolph A. DelFranco, Esq., Moderator
Holland & Knight LLP / New York, NY

Lloyd J. MacNeil, Esq.
Chadbourne and Parke LLP / Los Angeles, CA

Michael L. Connolly, Principal
High Pass Energy, Inc. / Campo, CA

Karin Corfee, Senior Principal
Kema Inc. / Oakland, CA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees Sponsored by Holland & Knight LLP

 

Tuesday, June 23, 2009

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Donald Clary, Esq., Program Co-Chair
Holland & Knight LLP / Los Angeles, CA

Ralph E. Hitchcock, Program Co-Chair
Ralph E. Hitchcock & Associates / Cathedral City, CA

 
8:45 am

What Project Planners Need to Know Early-On About Environmental Protection Regulations to Avoid Permitting Problems

Federal statutes (including Clean Water Act, Clean Air Act and Endangered Species Act): What provisions apply to tribal projects?

David M. Ivester, Esq
Briscoe Ivester & Bazel LLP / San Francisco, CA

NEPA and state statutes (including CEQA; AB 32)

Nicholas C. Yost, Esq.
Sonnenschein Nath & Rosenthal LLP / San Francisco, CA

Consultant's perspective on incorporating environmental protection considerations into early project planning

Steven Branoff, Senior Manager
ENVIRON International Corporation / Emeryville, CA

 
10:45 am

Break

 
11:00 am

Tribal Environmental Protection Acts as a Way to Ensure that Projects Comply with Tribal Environmental Objectives

Enacting and enforcing environmental codes to ensure that energy projects meet a Tribe's environmental objectives; balancing development and resource use with the protection and preservation of the reservation environment

Connie Sue M. Martin, Esq.
Bullivant Houser Bailey, PC / Seattle, WA

 
11:30 am

Updating Other Tribal Codes to Facilitate Electric Energy Projects

Update on current developments; Section 368 DOE declaration of National Interest Corridors in the Region; the interplay between DOE and FERC and the roles of tribal codes

Donald Clary, Esq.
Holland & Knight LLP / LOS ANGELES, CA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Franchise and Rights-of-Way Agreements as Tools for Facilitating Development Projects on Tribal Lands

Franchise fees as a source of revenue; current best thinking on terms and negotiating approaches

Ralph E. Hitchcock, Program Co-Chair
Ralph E. Hitchcock & Associates / Cathedral City, CA

Joel F. Zipp, Esq.
Holland & Knight LLP / Washington, DC

 
2:15 pm

The Critical Issue of Transmission

Statewide Transmission Corridor Designation; Purpose and progress of the stakeholder driven Renewable Energy Transmission Initiative (RETI); What projects have been proposed, which are likely to get built, and when?

Roger E. Johnson, Manager, Transmission Corridor Designation Office
California Energy Commission / Sacramento, CA

Patricia L. Arons, Manager, Transmission & Interconnection Planning
Southern California Edison / Rosemead, CA

 
3:15 pm

Break

 
3:30 pm

Collective Action to Meet Broad Tribal Needs

Consideration of multi-tribe activities (such as power pool formation, project development and regulatory activities) to promote tribal goals

Donald Clary, Esq., Program Co-Chair
Holland & Knight LLP / Los Angeles, CA

 
4:30 pm

Evaluations and Adjourn

 


Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 13 California MCLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.



Cost

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $1005. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy



Faculty Bios

Donald Clary, Program Co-Chair, partner with Holland & Knight LLP, assists tribes and developers on utility related matters including formation of utilities, and renewable energy projects. He negotiated agreements for power projects such as Hoover Dam and San Onofre Nuclear Generating Station.

Ralph E. Hitchcock, Program Co-Chair, is Founder and President of Ralph E. Hitchcock & Associates (REH&A), a utility consulting, operations and management firm that assists tribal, utility and industry clients with renewable and conventional power projects, transmission rights-of-way, utility services and tribal utilities.

Randolph A. DelFranco, partner at Holland & Knight LLP, practices corporate, public and tribal finance, securities, mergers, acquisitions and investment management funds.

Manuel Alvarez, Director - Strategic Policy & Regulation, Southern California Edison directs company activities before the State policy and regulatory agencies. He previously was a Principal policy advisor for the California Energy Commission.

Patricia L. Arons, Manager, Transmission & Interconnection, Southern California Edison, is responsible for planning electric grid facilities with operating voltages up to 500 kV and works extensively on transmission matters in power systems engineering.

Sandra Begay-Campbell, Ph.D., Principal Member of the Technical Staff of Sandia National Laboratories, leads their technical efforts in the Renewable Energy Program to assist tribes with renewable energy development.

Steven Branoff, Senior Manager at ENVIRON International Corporation, does regulatory reviews and impact analyses under the Clean Air Act, state and local programs, including PSD and NSR permits, Title V permits, risk management plans, local permitting and toxics emissions analyses.

Michael L. Connolly, Principal of High Pass Energy, Inc., focuses on Native American energy project evaluations and support and establishing environmental offices on reservations including wind energy.

Karin Corfee, Senior Principal, Kema Inc., in the Sustainable Market Solutions business area, has expertise in strategic planning, renewable energy, energy efficiency, demand-side management (DSM), load management, demand response, and greenhouse gas policy initiatives. She is a Convener on behalf of the California Public Utilities Commission (CPUC) for the 2009-2020 California Energy Efficiency Strategic Plan.

Kevin Hunting, Deputy Director, Ecosystems Conservation Division, California Department of Fish & Game, is responsible for regulatory and planning conservation incentives, and water resources, planning and assessment programs.

David Ivester, partner at Briscoe Ivester & Bazel LLP, practices land use, environmental, and natural resource law. He focuses on environmental review and permitting under NEPA and CEQA and regulation of water quality, wetlands, and wildlife

Roger Johnson is the Manager of the newly created Transmission Corridor Designation Office of the California Energy Commission. He previously managed the Power Plant Siting and Compliance Office and the Environmental Protection Office.

Douglas MacCourt, partner at Ater Wynne LLP and Co-Chair of the firm's Tribal Business Practice, representes public, private, and tribal clients on land use, natural resources, environmental and energy matters. He is listed in Chambers USA: America's Leading Lawyers for Business.

Lloyd MacNeil, Counsel at Cahdbourne & Parke LLP, focuses on project development, project financing, and mergers and acquisitions in the energy and infrastructure sector, with particular emphasis on renewable energy.He works for developers, sponsors, lenders and investors on a variety of renewable and non renewable energy project developments, financings and acquisitions.

Connie Sue M. Martin, of counsel at Bullivant Houser Bailey, PC, focuses on environmental and natural resourc litigation. She is experienced in matters involving Indian tribes, especially natural resource damages claims.

Arthur J. O'Donnell is Executive Director for The Center for Resource Solutions (CRS). Previously he was an independent business, energy and environmental writer as well as founding editor and associate publisher of the award-winning California Energy Markets newsletter. He is the author of 'Soul of the Grid: A Cultural Biography of the California Independent System Operator' and 'The Guilty Environmentalist.'

Sandra Ringelstetter Ennis, Vice President at NERA Economic Consulting, focuses on wholesale power markets, regulation and evolution of competitive markets, and the simulation of electric systems.

Ernest Siva is Tribal Historian and Cultural Advisor for the Morongo Band of Mission Indians, as well as Founder and President of the Board of Directors of Dorothy Ramon Learning Center, Inc. and Ushkana Press.

Jan Smutny-Jones, Executive Director of the Independent Energy Producers Association (IEP), was Chair of the Governing Board of the California Independent System Operator and on the Governing Board of the Power Exchange.

Nicholas C. Yost, partner at Sonnenschein Nath & Rosenthal LLP, practices environmental law, including compliance, permits and authorizations, enviromental due diligence and litigation. As General Counsel of the President's Council on Environmental Quality, he was the principal draftsperson of the NEPA Regulations.

Joel F. Zipp, Senior Counsel, Holland & Knight LLP, is a member of the firm's International and Cross Borders practice Group. He focuses on energy transactions, energy markets and regulation, energy project development, and the acquisition of energy assets and capacity. Previously he was an attorney at FERC's Office of General Counsel and in the Office of Enforcement. He was past President of the Energy Bar Association.