Law Seminars International Presents

An Important Two Day Conference

Tribal Energy

Structuring energy resources for tribal facilities and commercial enterprises

April 22 & 23, 2004
Westin Casuarina in Las Vegas, NV
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Who Should Order Homestudy

Attorneys, tribal and governmental representatives, decision makers in energy, financial institutions and government.

Why Order

"Indian tribes own millions of acres of land containing large portions of our nation’s untapped energy resources. For 20 years, Indian lands have contributed nearly 11% of the nation’s onshore oil, natural gas and coal production. Given available fossil energy resources and potentially significant renewable energy resources on Indian lands, this level of contribution will likely continue or, more likely, increase. Indian tribes are exploring and evaluating energy resource potential for their own tribal facilities and commercial enterprises as well as developing tribally-based self-sufficient non-grid power generation for the wholesale market. This conference will provide attorneys, program managers and industry representatives with key information on the issues in tribal energy development. It will cover in depth the roles of the Federal Energy Regulatory Commission and the Western Area Power Administration, transmission issues, marketing (power, gas and more) in the deregulated environment, environmental development process, partnership and grant opportunities, as well as current legislative proposals and tools for developing energy on Indian lands." ~ Program Co-Chairs: Karen J. Atkinson, Esq. and Maurice Richard, Esq.

What You Will Learn

- Political Dynamics and Implications of the Federal Energy Bill - FERC Licensing Issues inTribal Energy - Tribes as Corporate Developers - Easement and Right of Way Issues - Grant Opportunities andTechnical Assistance for Renewable Energy Projects - Financing Tribal Energy Projects through Bonds, Taxes and Other Sources - Renewables Case Studies - Western Area Power Administration: Its Role inTribal Energy Projects - Regional Power Allocations - Opportunities for Partnership in Energy Development - PUC Perspective on Coordinating and Working withTribal Utilities - Transmission Issues Getting Electric Power to Market - Tribal Self-Sufficiency, Tribal Exploration and Production of Oil, Gas and Energy Minerals• - Putting it All Together: How toMake it Work

What Attendees Said

-" This was one of the best conferences I have ever attended. " " The content was excellent as were presentations. "

Agenda

Thursday, April 22, 2004
8:30 am Introduction & Overview
  Karen J. Atkinson, Esq., Program Co-Chair
 President,Tribal Strategies, Inc. / Washington, DC
  Maurice Richard, CEO, Program Co-Chair
 Marin Power Ventures LLC / Tiburon, CA
8:45 am Political Dynamics and Implications of the Federal Energy Bill
  Gregory Jaczko, Ph.D., Appropriations Director
 U.S Senate- Harry Reid's Office / Washington, DC
  Update on Title III of the Energy Bill
  Michael Connor, Esq., Democratic Counsel
 Senate Energy & Natural Resources Committee / Washington, DC
9:45 am FERC Licensing Issues in Tribal Energy
  Mary C Morton, Esq., Advisor to Commissioner Nora Brownell
 Energy and Natural Resources Committee / Wasington, DC
10:30 am Break
10:45 am Tribes as Corporate Developers
  Mark Nichols, CEO
 Cabazon Band of Mission Indians / Indio, CA
11:30 am Easement and Right of Way Issues
  Existing rights of way management, negotiations for new and expiring rights of way, valuation of rihts of way, and desirable legal provisions in easement documents
  Margaret M. Schaff, Esq.
 Margaret M. Schaff PC / Boulder, CO
12:15 pm Lunch (on your own)
1:30 pm Grant Opportunities and Technical Assistance for Renewable Energy Projects
  Sandra Begay-Campbell
 Sandia National Laboratories / Albequerque, NM
2:30 pm Financing Tribal Energy Projects through Bonds, Taxes and Other Sources
  Elizabeth Tail, Esq., Executive Vice President
 Alesek Institute / Tacoma, WA
3:15 pm Break
3:30 pm Renewables: Case Studies in Tribal Involvement
  Solar and Biomass Energy Development -- The Yavapai Apaches' Tribal Energy Action Plan
  Mark Randall, Acting Director Yavapai-Apache Tribal Energy Office
 DayStar Consulting, LLC / Clarkdale, AZ
  Geo-thermal power plant development
  Robert E. Tucker, MSME, BSME
 Global Power Solutions LLC / Golden, CO
  Wind Energy Development -- the tribal potential
  Edward W. Zaelke, Esq.
 Arnold & Porter / Los Angeles, CA
  Green Sovereignty:  Tribal Energy Independence Through Renewables
  Charlie Stringer
 Renewable Resources Group / Los Angeles, CA
  D. Cole Frates
 Renewable Resources Group / Los Angeles, CA
5:30 pm End of Day

Friday, April 23, 2004
8:30 am Introduction & Overview
  Karen J. Atkinson, Esq., President, Program Co-Chair
 Tribal Strategies, Inc. / Washington, DC
  Maurice Richard, CEO, Program Co-Chair
 Marin Power Ventures / Tiburon, CA
8:45 am Western Area Power Administsration: Its role in Tribal Energy Projects; Regional Power Allocations
  Karen J. Atkinson, Esq., President, Program Co-Chair
 Tribal Strategies, Inc. / Washington, DC
  Woody Corbine, Executive Director
 Mni Sose Intertribal Wter Rights Coalition, Inc. / Rapid City, SD
  Lyle Johnson
 Western Area Power Administration / Salt Lake City, UT
10:15 am Break
10:30 am Opportunities for Partnership in Energy Development
  David Lester, Esq., Executive Director
 Council of Energy Resource Tribes / Denver, CO
11:15 am PUC Perspective on Coordinating and Working with Tribal Utiities
  Lynda M. Lovejoy, Chairwoman District 4
 New Mexico Public Regulation Commission / Santa Fe, NM
  The Hon. Loretta M. Lynch, Esq., Former President
 CA State Public Utilities Commission / San Francisco, CA
12:00 pm Lunch (on your own)
1:30 pm Transmission Issues-Getting Electric Power to Market
  Garlyn Bergdale, Esq., President and CEO
 Environmental Planning Group / Phoenix, AZ
  Don Mundy, P.E., Project Manager
 Black & Veatch / Denver, CO
2:30 pm Tribal Self-Sufficiency--Tribal Exploration and Production of Oil, Gas and Energy Minerals
  Thomas H. Shipps, Esq.
 Maynes Bradford Shipps & Sheftel / Durango, CO
3:15 pm Break
3:30 pm Putting It All Together: How Do We Make it Work?
  Siting a Power Plant - The Practicalities
  Dwight Carey, Ph.D.
 Environmental Management Associates / Brea, CA
  The economics of making a power plant work
  Michael King, Ph.D., Vice President
 National Economic Research Associates / San Francisco, CA
  Tribal cultural distinctions -- recognizing, respecting and reinforcing them in the process
  J. D. Williams, Esq.
 Landye, Bennett, Blumstein LLP / Portland, OR
  Getting to market in this new unregulated environment
  Gary Hunt, Consulting Vice President
 Henwood Energy Servies, Inc. / Sacramento, CA
5:00 pm Adjourn

Cancellation

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

Continuing Education Credits

Law Seminars International self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is NV CLE 13.5 (1087B-LV) | AZ CLE 13.5 | CA MCLE 14 | CO CLE 16 | MN CLE 13.5 | NM CLE 16.2 | NY CLE 16 (non-transitional) | OH CLE 13.5 (#000141890)| OK CLE 16 (#21517) | OR CLE 14.5 (#2104*195) | WA CLE 13.5 (#116923)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

Karen J. Atkinson, is a member of the Mandan Hidatsa and Arikara Nation and a Partner at Dorsey & Whitney where her practice focuses on government relations, energy development, and natural resource management issues. Before joining the firm Karen served as Deputy Director of the National Park Service and Senior Counsel to the Senate Committee on Indian Affairs.

Maurice Richard is Founder of Marin Power. He has 30 years experience in power generation and 10 years in mining. He was most recently President of Southwestern Power Corporation, which had 7,000 MW of power plants in development, of which 2,000 are now in construction. Mr. Richard was a senior executive of Calpine Corporation, directly responsible for Ft. Mojave Power Plant, Glass Mountain and Coso geothermal projects, and many other successful projects. Prior to that he was with Ormat Energy Systems, Natomas Corporation, and Conoco. He has had senior development responsibility for numerous power projects with several different IPP's. He has proven geothermal and renewable business expertise.

David Lester is Executive Director of the Council of Energy Resource Tribes, a group composed of Indian Tribes that collectively represent more than one half of all Indians residing on Reservations today.

Sandra Begay-Campbell is a Regent for the University of New Mexico and works at Sandia National Laboratories where she is a Principal Member of the Technical Staff. Sandra leads Sandia’s technical efforts in the Renewable Energy Program to assist tribes with renewable energy development. Sandra is the former executive director of the American Indian Science and Engineering Society (AISES), a non-profit organization whose mission is to increase the number of American Indian scientists and engineers.

Mr. Garlyn Bergdale has more than 30 years of consulting experience and is the president and CEO of EPG. He has participated in more than 100 projects including studies in 19 states and Canada. For both public and private sector clients in the Southwest, he has served as principal-in-charge, project director, manager, advisor, coordinator, and technical expert and as a result is familiar with federal, state, and local data requirements, permitting/licensing requirements and agency representatives.

Dr. Carey is a member of the National Association of Environmental Professionals, the California Association of Environmental Professionals, the Air & Waste Management Association, and the Geothermal Resources Council. He was a founding member, and has served as an officer, of the Environmental Science and Engineering Society, and was a member of the Board of Directors of the California Institute of Technology Alumni Association. Dr. Carey has also served as a lecturer for the University of California at Irvine's Toxic and Hazardous Substances Extension Program.

Mike Connor works for US Senator Jeff Bingaman as Democratic Counsel to the Energy and Natural Resources Committee in the US Senate. In this position, he is responsible for water and Indian issures within the Committee's jurisdiction. Prior to joining the Senate, he was with the Department of the Interior where he served as director of the Secretary's Indian Water Rights Office.

Woody Corbine is Executive Director of the Mni Sose Intertribal Water Rights Coalition. The Mni Sose Coalition’s objective is to strengthen the capabilities of the 28 Tribes in the Missouri River Basin to manage, control, and protect tribal water resources pursuant to tribal goals and values. Mr. Corbine holds a Masters of Science Degree in Education Administration from Chadron State College. Prior to joining the Mni Sose Coalition, he served as the Executive Director of the Rapid City Indian Health Board. is an enrolled member of the Devils Lake Sioux Tribe.

Mr. Frates is primarily responsible for navigating the political, regulatory, economic, environmental and technical issues surrounding new water supply development. Mr. Frates began his career in water resources in 1995 when he joined Samda Inc. From 1995 to 1997, Mr. Frates was responsible for development projects throughout California and the Western United States as well as Argentina, Cyprus and Saudi Arabia.

Gary Hunt heads the strategic consulting and market advisory service business unit of Henwood, a Global energy Decisions Company based in Sacramento. Henwood is a leading provider of advanced power & gas market fundamental analysis, price forecasting and energy portfolio risk analytics. Gary is an expert in competitive power market strategy, market analytics and energy portfolio strategic planning. He has more than 30 years of experience as a state public utility regulator, utility executive, and as a strategic consultant.

Dr. Jaczko’s professional career has been devoted to science and its use and impact in the public policy arena. Sponsored by the American Institute of Physics, he worked as a Congressional Science Fellow in the office of Congressman Edward J. Markey. In that position, Dr. Jaczko raised the importance of science in making policy decisions on topics ranging from arms control to resource management.

Lyle Johnson has been a Public Utilities Specialist in Western Area Power Administration’s Colorado River Storage Project Management Office in Salt Lake City, Utah for 18 years. Prior to that, he spent 5 years as an economist for the Bonneville Power Administration and 3 years for the Bureau of Land Management. For the last three years Lyle has been involved in the Post-2004 marketing program for the Salt Lake City Area Integrated Projects, the program that has made Federal electricity available to tribes in Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming. He received his MS Degree in Agricultural Economics from Utah State University.

Mike King is a noted economist and management consultant with extensive experience in electric wholesale markets, electric utility restructuring, strategy, and regulation. Mr. King's recent work has focused on the merchant generation sector, where he has provided strategy and valuation advice on mergers and acquisitions, the financing of merchant energy companies, and the financial restructuring of distressed companies. He has also appeared as an expert witness in high-stakes litigation related to the generation sector.

The Hon. Lynda M. Lovejoy serves as District 4 Chairwoman of the New mexico Public Regulation Commission. She is a former New Mexico State Representative, and an active citizen of the Navajo Nation. In 2000, she was selected as one of New Mexico's top 100 "Power Brokers" by NM Business Weekly.

Loretta Lynch served as President of the California Public Utilities Commission from March 2000 to December 31, 2002. Ms. Lynch is currently one of five Commissioners charged with regulating telecommunications, energy, commercial transportation, and water companies. Her term expires January 1, 2005. Commissioner Lynch coauthored a report in August 2000 for Governor Davis that provided a comprehensive survey of the potential causes of the energy crisis, the history of California's deregulation experiment, and dozens of recommendations to solve the crisis. Ms. Lynch ,an early critic of energy deregulation, served as director of Governor Davis’ Office of Planning and Research. Prior to her appointment to the PUC. 

Mary C. Morton advises FERC Commissioner Nora Mead Brownell on a wide range of electricity, natural gas and hydropower issues. Prior to joining the commissioner’s staff, Mary worked in FERC’s Office of General Counsel on various rate matters, including the Calfornia electricity crisis. Previously, in the Office of Environmental Policy and Compliance in the Department of The Interior, she worked developing regulations on restoration of natural resources injured by chemical and oil spills.

Mr. Mundy is a graduate of Purdue University. After a few years with a Midwestern utility, Mr. Mundy joined Black & Veatch in 1975. He has been involved in consulting, engineering and construction related activities associated with electric Transmission Lines, Substations, Distribution Systems and Power Generation projects for over 30 years. He is a Senior Member of the Institute of Electrical and Electronic Engineers, a member of the National Society of Professional Engineering and currently holds Professional Engineer Registrations in several States. 

Mark Nichols moved to the Coachella Valley in 1978 and has been a long time local resident, active in community affairs on issues ranging from the environment to healthcare and education. His work on quality of life issues, including improving law enforcement to enhancing indigenous and human rights, have been recognized by local, state, tribal, national and even international groups. Most of us know him through his tenure with the for 25 years, which encompassed their 1987 United States Supreme Court Cabazon Decision, a landmark that protected Indian Gaming.

Mark Randall is the founder and principal of Daystar Consulting, LLC. He has been active in the solar and renewable energy industry for 25 years. His education began as an electrical engineer and finished in architecture and the humanities.

Margaret M. Schaff has 12 years experience as an attorney in the utility, oil and gas industries, and for tribal governments. Previously she was with the Office of General Counsel at Western Area Power Administration as a power marketing attorney and as Chief Lands Attorney.

Thomas H. Shipps is a partner in the firm of Maynes, Bradford, Shipps & Sheftel, LLP located in Durango, Colorado. The firm serves as general counsel for the Southern Ute Indian Tribe and special counsel for the Ute Mountain Ute Tribe. Tom joined the firm after receiving his law degree from the University of Houston (J.D. 1979, President, Order of the Barons) and his undergraduate degree from Fort Lewis College (B.A. 1976, summa cum laude). Mr. Shipps’ practice is devoted in large part to Indian natural resource development, mineral leasing and lease compliance, and tribal economic development. He assisted in the formation and development of the Southern Ute Indian Tribe’s natural gas operating company, Red Willow Production Company, and Red Cedar Gathering Company, a gas gathering joint venture in which the Southern Ute Indian Tribe is the majority owner. He was also the lead counsel for the Southern Ute Indian Tribe in the seminal case involving ownership of coal bed methane gas on federal and tribal lands. Amoco Production Co. v. Southern Ute Indian Tribe, 526 U.S. 865 (1999). He has served as a member of the Royalty Management Advisory Committee and the Royalty Policy Committee under both the Clinton and Bush administrations, and he was a key participant in the Department of Interior’s negotiated rulemaking regarding Indian gas royalty valuation. He has participated as a lecturer in a variety of programs sponsored by the Rocky Mountain Mineral Law Foundation, the American Bar Association, and the Federal Bar Association.

Charlie Stringer is an attorney with 15-years of experience in environmental, natural resources, and Federal Indian law and policy, including water resources, endangered species, energy development, cultural resources, CERCLA, RCRA, CWA and CAA, including: Senior Advisor, Northwest Indian Fisheries Commission; Senior Tribal Attorney, White Mountain Apache Tribe; Federal Advisory Committee to EPA on environmental justice;  Assistant Regional Counsel, USEPA;  Numerous public service awards. Charlie has degrees from Harvard University, University of Minnesota School of Law (Cum laude), and Gustavus Adolphus College.

Elizabeth Tail, has over 15 years of executive level management experience, at present as Executive Vice President of the Alesek Institute, the development agency of the Franks Landing Indian Community. Currently working to site a 350MW power plant on an Indian Reservation in the South Sound, Ms. Tail’s recent work includes provision of professional services to a rural eastern Washington tribe and their partner, a major utility company, on the development of the Initial Consultation Document required by FERC, phase one of a multi-year effort to secure a license to operate existing hydroelectric facilities in the Pacific Northwest.

Mr. Tucker has nearly 30 years of experience in the Power Industry with more than 20 years in the Geothermal Power Sector. More than 15 years as a Senior Executive and Engineering Manager of publicly and privately-held power companies focused in geothermal development and operations. His experience includes most forms of power generation yet specializing in geothermal power generation. His experience covers all phases of power projects from initial feasibility studies, siting and environmental considerations; through design, construction, testing and startup; through to commercial operations and overall management. One of the founding principals of Global Power Solutions, LLC focusing on geothermal power economics and related performance engineering, including performance testing, analysis, system enhancements, together with feasibility studies, project development and litigation support

J.D. Williams served as the managing attorney for eight years for the Office of Legal Counsel of the Confederated Tribes of the Umatilla Indian Reservation in northeastern Oregon. He recently joined the Portland firm of Landye Bennett Blumstein, LLP, where he will continue to represent the Umatilla Tribes, as well as other clients, primarily in the areas of Indian and energy law. Mr. Williams is a member of both the Washington and Oregon state bars.

Edward Zaelke heads the real estate practice in Arnold & Porter's Los Angeles Office. He has expertise in all respects of real property law, including acquisition and disposition, development, construction, leasing, financing and loan workout transactions. He has represented and continues to represent developers, owners, lenders, and management companies respecting a number of hotel and resort properties. His development and construction law experience includes office buildings, retail centers, residential developments, "build-to-suit" industrial parks, and several wind energy developments. Mr. Zaelke has also worked on a number of asset disposition matters, including both portfolio acquisitions and sales and individual property disposition programs for lenders and investors as well as corporations engaged in liquidating excess real property assets. He has appeared before government agencies on behalf of property owners and lenders, and has advised clients in a variety of related matters, including joint ventures, financings, construction law, public finance, and zoning and permitting issues.