Law Seminars International Presents: The Eighth Annual Comprehensive Conference on

Energy in the Southwest
New directions in energy markets and regulation

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

July 11 & 12, 2011
Inn and Spa at Loretto Santa Fe in Santa Fe, NM

Who Should Order This Homestudy

Attorneys, industry executives, governmental officials and customer representatives involved with energy issues in the Southwest

Why You Should Order

The 2010 elections have blown winds of change across all parts of the country. Southwestern states are no less affected, and our faculty of leading practitioners and key Commissioners and policymakers will gather in Santa Fe to assess how the electric industry may be impacted.

We will examine the most recent trends and developments in energy policy in the Southwest including: Changes in congress and Washington; impacts of federal climate change policy; the highest regulatory priorities for Southwestern states; the conflict between NM's Climate Board and its new Governor; Colorado's ground-breaking moves toward early retirement of coal plants; ESA and renewables development; energy policies and water issues; financial realities for new energy projects; latest Smart Grid and energy efficiency technologies and new major interstate transmission lines.

It is important for any energy professional in the Southwest who cares about the cutting-edge issues our industry faces to join us in Santa Fe for our Energy in the Southwest 2011 conference. Here is the perfect opportunity to meet and hear from state commissioners, federal regulators, leading energy lawyers and other experts from our region and beyond and to participate in the ongoing energy law and policy dialogue that will shape the future of the electric industry in the Southwest.

~ Steven Michel, Esq. and Robert M. Pomeroy, Esq., Program Co-Chairs

What You Will Learn

What Attendees Said


Monday, July 11, 2011

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Steven Michel, Esq., Chief Counsel, Program Co-Chair
Western Resource Advocates / Santa Fe, NM

Robert M. Pomeroy, Esq., Program Co-Chair
Holland & Hart LLP / Greenwood Village, CO

8:45 am

Congressional Update: Key Committee Assignments, Legislative Proposals, and Likely Outcomes

Douglas W. Smith, Esq.
Van Ness Feldman PC / Washington, DC

9:30 am

Special Administrative Policy Address: Top Items on FERC's Agenda

The Hon. Marc Spitzer, Esq., Commissioner
Federal Energy Regulatory Commission / Washington, DC

10:15 am

Break: Coffee, Tea and Conversation

10:30 am

EPA Climate Change and Other Air Quality Initiatives

Perspectives on key air emission cases working their way through the appellate courts

Vickie Patton, Esq., General Counsel
Environmental Defense Fund / Boulder, CO

Samuel B. Boxerman, Esq.
Sidley Austin LLP / Washington, DC

12:00 pm

Lunch (on your own)

1:15 pm

Energy Policy of Particular Importance to the Southwest

Written special address from Senator Thomas Udall delivered by Michael Lopez

Michael Lopez, Field Representative
Senator Tom Udall's Office / Santa Fe, NM

1:25 pm

Case Study on Retiring Coal Plants: Colorado's Clean Energy Clean Jobs Initiative

Will it be a bellwether for resolving carbon emission issues in other states?

Bill Ritter, Jr., Former Governor of Colorado, Director, Center for the New Energy Economy
Colorado State University / Fort Collins, CO

Raymond L. Gifford, Esq.
Wilkinson Barker Knauer, LLP / Denver, CO

2:00 pm

Changing Policy Directions After an Election: The Conflict Between New Mexico's Climate Board and Its New Governor

To what extent does the governor have the authority to invalidate agency rules? What are the primary points of contention and how are the issues likely to play out?

Bruce Frederick, Esq.
NM Environmental Law Center / Santa Fe, NM

Louis W. Rose, Esq.
Montgomery & Andrews PA / Santa Fe, NM

3:00 pm

Break: Soda, Tea and Conversation

3:15 pm

How Far Should We Go Forward With Renewables?

Cost issues; coal plant retrofits vs. retirements; pros and cons of shifting from renewables standards to clean energy standards

Greg Patterson, Esq., CPA, Director
Arizona Competitive Power Alliance / Phoenix, AZ

Brent E. Gale, Esq., Senior Vice President, Regulation and Legislation
MidAmerican Energy Holdings Company / Des Moines, IA

4:15 pm

State Regulators' Perspective on How Energy Policy is Evolving at the State Level

New Mexico

The Hon. Jason A. Marks, Commissioner
New Mexico Public Regulation Commission / Santa Fe, NM


The Hon. Alaina C. Burtenshaw, Esq., Chairman
Public Utilities Commission of Nevada / Las Vegas, NV

5:15 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Holland and Hart LLP


Tuesday, July 12, 2011

8:00 am

Continental Breakfast

8:30 am

Introduction to Day 2

Steven Michel, Esq., Chief Counsel, Program Co-Chair
Western Resource Advocates / Santa Fe, NM

Robert M. Pomeroy, Esq., Program Co-Chair
Holland & Hart LLP / Greenwood Village, CO

8:45 am

Endangered Species Act (ESA) and Its Application to Energy Project Development

ESA compliance strategies; impact of new and proposed listings; update on new developments in Section 7 consultation processes and Section 10 permitting processes

Maria O'Brien, Esq., Shareholder
Modrall Sperling / Albuquerque, NM

Deana M. Bennett, Esq.
Modrall Sperling / Albuquerque, NM

Case law update: Environmental challenges and recent outcomes for wind and transmission projects

Michael Chiropolos, Esq., Director Lands Program
Western Resource Advocates / Boulder, CO

10:15 am

Break: Coffee, Tea and Conversation

10:30 am

The Critical Issues of Water Quality and Supply in Energy Development

Energy and the intersection of water supply and quality: CWA 401 certifications for energy projects; EPA impingement/entrainment; EPA review of Corps permits/ARNI designations; state regulation of surface and groundwater contamination; in-stream flows

Karen M. Hansen, Esq.
Beveridge & Diamond PC / Washington, DC

11:15 am

Energy Efficiency as an Option to New Generation: Smart Grid and Demand Side Management

Overloading the load timing through deployment of smart grid technologies

Thorvald A. Nelson, Esq.
Holland & Hart LLP / Greenwood Village, CO

12:00 pm

Lunch (on your own)

1:15 pm

Financial Realties for New Energy Projects

What types of projects are the financial markets favoring?

Mike King, Chair, Energy, Environment and Network Industries Practice
National Economic Research Associates, Inc. (NERA) / Westminster, CO

Consumer pushback against renewables and energy efficiency programs due to rate impacts: What are the cost recovery issues in retail rate setting? How are the state utility commissions resolving them?

Frederick J. Schmidt, Esq.
Holland & Hart LLP / Carson City, NV

2:30 pm


2:45 pm

Transmission in the Southwest

Cost recovery policy: Update on the FERC transmission rate policy including the use of incentive rates; state perspectives on how to spread the cost of new transmission facilities; recent cases on transmission pricing

Jeremy Turner, Executive Director
RETA / Santa Fe, NM

New capacity: Update on what is being built where, and by whom

Robert E. Kondziolka, P.E., Manager of Transmission and Generation Operations
Salt River Project / Phoenix, AZ

Siting hurdles: Case study of the San Luis Valley line in Colorado

Timothy J. Flanagan, Esq.
Fowler Schimberg & Flanagan PC / Denver, CO

Gregory E. Sopkin, esq.
Squire Sanders & Dempsey LLP / Denver, CO

4:30 pm

Evaluations and Adjourn



Regular tuition for in person or webcast attendance for this program is $1245 with a group rate of $935 each for two or more registrants from the same firm. For government employees, we offer a special rate of $830. For students and people in their job for less than a year, our rate is $622.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.


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

Continuing Education Credits

Live credits: This program qualifies for 13.2 NM CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Faculty Bios

Steven Michel, Program Co-Chair, is Chief Counsel for Western Resource Advocates' Energy Program, an environmental law and policy center in the interior West. Previously, he was General Counsel for the New Mexico Industrial Energy Consumers.

Robert M. Pomeroy, Program Co-Chair, chair of the Energy Practice Group at Holland & Hart LLP, represents electric consumer coalitions in several Western states, as well as IPPs in Colorado, Wyoming and New Mexico. He was named by Law Week Colorado as the state's "Best Renewable Energy Lawyer."

The Hon. Marc Spitzer, Special Address, Commissioner, Federal Energy Regulatory Commission (FERC), focuses on supplies of electricity and natural gas, wholesale energy markets and transmission systems. Previously, he was Chairman of the Arizona Corporation Commission.

Deana Bennett, an attorney at Modrall Sperling, practices in the Natural Resources Department. She focuses on permitting and environmental compliance efforts under the NEPA and ESA, and other related federal statutes.
Full bio and contact info for Deana M. Bennett at Modrall Sperling

Samuel B. Boxerman, partner at Sidley Austin LLP in the Environmental Practice Group, counsels clients on environmental compliance matters and assists clients developing and implementing environmental management systems under the ISO 14001 environmental management systems standard.

The Hon. Alaina C. Burtenshaw is Chairman of the Public Utilities Commission of Nevada. Previously, as Staff Counsel and Assistant Staff Counsel, she was responsible for electric, gas and water cases in Northern and Southern Nevada and has been the principal attorney in the larger deferred energy and general rate cases.

Michael Chiropolos, Director, Lands Program at Western Resource Advocates, focuses on protecting Western landscapes from environmentally unsound energy development and advocating for policies that protect our air, water, communities and climate.

Timothy J. Flanagan, partner, Fowler, Schimberg & Flanagan PC, focuses on complex commercial litigation. His practive includes representation of corporate and landowner interests in the fields of water rights, eminent domain matters, and construction disputes.
Full bio and contact info for Timothy J. Flanagan at Fowler Schimberg & Flanagan PC

Bruce Frederick, Staff Attorney with the New Mexico Law Center, practices primarily in the areas of water, oil and gas, and environmental law in New Mexico.

Brent E. Gale, Senior Vice President for Regulation and Legislation at MidAmerican Energy Holdings Company, focuses on U.S. regulatory and legislative strategic planning, retail rates and regulations, and state and federal regulatory relations.

Raymond L. Gifford, partner, Wilkinson Barker Knauer, LLP, counsels communications, electric and gas utilities and information technology companies. He is former Chairman of the Colorado Public Utilities Commission.
Full bio and contact info for Raymond L. Gifford at Wilkinson Barker Knauer, LLP

Karen M. Hansen, principal, Beveridge & Diamond PC, counsels clients on emerging trends in water quality programs, water use and supply, permitting and enforcement actions, watershed-based permitting, TMDLs, water quality standards and land-based impacts on coastal and ocean resources.

Mike King, Chair, Energy, Environment and Network Industries Practice at National Economic Research Associates, Inc. (NERA), is an economist and management consultant in electric wholesale markets, electric utility restructuring, strategy and regulation, power system planning and forecasting.
Full bio and contact info for Mike King at National Economic Research Associates, Inc. (NERA)

Robert E. Kondziolka, P.E., Manager of Transmission and Generation Operations at Salt River Project and Chairman of Joint Owned Transmission Engineering & Operating Committees, previously was a project engineer and manager for development of major transmission projects throughout Arizona.

Michael Lopez has worked in Sen. Tom Udall's Santa Fe office for four years as a field representative. A member of the Pueblo of Pojoaque, he worked for the Pueblo as a Political Liaison and computer instructor before joining the Senator's staff. In 2009, he was selected as New Mexico's TRiO Achiever of the Year. He now specializes in Native American Affairs.

The Hon. Jason A. Marks, Commissioner of New Mexico Public Regulation Commission, has led the Commission through several major litigated rate cases. He is known for his advocacy for renewable energy.

Thorvald A. Nelson, partner, Holland & Hart LLP, focuses on public utility, electric utility, telecommunications, natural gas utility, water utility, antitrust, and environmental law. He represents large industrial customer's, IPPs, renewable energy developers, pipelines, water utilities and customer organizations.

Maria O'Brien, shareholder Modrall Sperling, Chair of the Natural Resources and Environment Department's Water Group and the Industry Service Group's Utility Service Group, represents clients in areas of water resources, water quality, and related regulatory matters including, NEPA and ESA compliance.
Full bio and contact info for Maria O'Brien at Modrall Sperling

Greg Patterson, CPA, Director at the Arizona Competitive Power Alliance, is a former legislator and Director of the Residential Utility Consumer Office.

Vickie Patton, General Counsel, Environmental Defense Fund, manages the organization's national and regional clean air programs. She has been involved in numerous Clean Air Act cases, testified before congressional and state legislative committees, and authored many articles on the Clean Air Act.

Bill Ritter, Jr., former Governor of Colorado, now Director of the Center for the New Energy Economy at Colorado State University, is a national leader in facilitating science-based policy, research and education to support the growth of the new energy economy.

Louis W. Rose, shareholder, Montgomery & Andrews PA, advises clients on compliance with federal and state environmental laws and regulations. He represents clients before federal and state agencies and federal courts on environmental permitting, rulemaking and enforcement matters.

Frederick J. Schmidt, partner at Holland & Hart LLP, focuses on regulatory and administrative law with emphasis on public utility matters. Previously, he was a Commissioner on the Nevada Public Service Commission and the State's Consumer Advocate.

Douglas Smith, member at Van Ness Feldman PC, specializes in utility regulation, environmental policy, and energy technology and infrastructure matters. Previously, he was General Counsel to the FERC and Deputy General Counsel for Energy Policy at the U.S. DOE.

Gregory E. Sopkin, of counsel at Squire Sanders & Dempsey LLP, has experience representing electric, gas and telecommunications clients before the Colorado Public Utilities Commission (PUC) and state and federal district and appellate courts. Previously, he was Chairman of the Colorado PUC,

Jeremy Turner, Executive Director, New Mexico Renewable Energy Transmission Authority (RETA), has experience in the financial industry in marketing and financial analysis. Previously, he was Director of Finance and Chief Financial Advisor with the New Mexico Finance Authority.

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