Law Seminars International Presents

A Comprehensive Two-Day Conference on

Tribal Energy-Southwest

Structuring energy resources for tribal facilities and commercial enterprises

April 7 & 8, 2005
Alexis Park Resort & Spa in Las Vegas, NV
Order      Download PDF Brochure

Who Should Order Homestudy

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

Why Order

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. Additionally, energy and utility companies are increasingly evaluating and forming strategic alliances or ventures with tribes to develop our nation’s energy resources. 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, tribal utility development, transmission issues, marketing (power, gas and more) in a deregulated environment, environmental development processes, partnership and grant opportunities, and joint venture opportunities as well as current legislative proposals and tools for developing energy on Indian lands. ~ Program Co-Chairs: Karen J. Atkinson, Esq. and Jerome L. Levine, Esq.

What You Will Learn

- Political Dynamics and Implications of the Federal Energy Bill - FERC Licensing Issues in Tribal Energy - Structuring Energy Projects - Easement and Right of Way Issues - Financing Tribal Energy Projects - The Renewables Option - Western Area Power Administration's Role - Developing Successful Energy Partnerships - Tribal Exploration and Production of Oil and Natural Gas - Investing in Tribal Energy/Utility Development -- Increasing Portfolio Diversity - Transmission Issues -- Getting Electric Power to Market - Tribes and States Working Together -- What Has to Happen to Succeed - Setting Up a Tribal Utilitty, Initiation to Implementation

What Attendees Said

- Great Seminar -Speakers had a diversity of experience, making it very interesting and helpful. - This is one of the best conferences I have ever attended. The content was excellent, as were presentations.

Agenda

Thursday, April 07, 2005
8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Tracey LeBeau, Vice President
 Innovation Investments, LLC / Rapid City, SD
  Jerome L. Levine, Esq.
 Holland & Knight LLC / Los Angeles, CA
8:45 am Political Dynamics and Implications of the Federal Energy Bill
  Update on Energy Legislation in the 109th Congress
  Ben Nighthorse Campbell, Senior Policy Advisor
 Holland & Knight / Washington, DC
9:45 am FERC Licensing Issues in Tribal Energy
  Rollie Wilson, Esq., Tribal Liaison
 Federal Energy Regulatory Commission (FERC) / Washington, DC
10:30 am Break
10:45 am Structuring Energy Projects
  Unique considerations for structuring projects on Indian lands
  Nancy Appleby, Esq., Of Counsel
 Bracewell & Giuliani, LLC / Washington, DC
  Tax Issues
  Kathleen M Nilles, Esq.
 Gardner Carton & Douglas / Washington, DC
12:15 pm Lunch
2:15 pm Investing in Tribal Energy/Utility Development -- Increasing Portfolio Diversity
  Why outside financial interests, including Tribes, should be looking at ways to invest with Tribes in energy resource development
  Jeffrey C. Carey, Managing Director Native American Banking
 Merrill Lynch & Co. / New York, NY
3:00 pm Break
3:15 pm The Renewables Option
  Developing Biomass, Solar, Wind and Geothermal resources for Energy and Economic Development; generating seed money for renewables feasibility studies; case studies of successful tribal renewables projects; attracting private investment
  Douglas MacCourt, Esq.
 Ater Wynne LLP / Portland, OR
4:15 pm Western Area Power Administration (WAPA)
  WAPA's Role in Tribal Energy Projects; Regional Power Allocations; New Contracts
  Lyle Johnson, Public Utilities Specialist
 Western Area Power Administration / Salt Lake City, UT
5:00 pm Adjourn

Friday, April 08, 2005
8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Tracey LeBeau, Vice President
 Innovation Investments, LLC / Rapid City, SD
  Jerome L. Levine, Esq.
 Holland & Knight LLC / Los Angeles, CA
8:45 am Developing Successful Energy Partnerships
  Joint ventures, partnerships and strategic alliances: What are the risks, advantages and mechanisms that work?
  Teresa Leger de Fernandez, Esq.
 Nordhaus Law Firm / Santa Fe, NM
9:30 am Tribal Self-Sufficiency - Tribal Exploration and Production of Oil and Gas Resources
  Oil and gas as economic development potential; incorporating Tribal cultural considerations
  Arvin Trujillo, Executive Director, Division of Natural Resources
 Navajo Nation / Window Rock, AZ
10:15 am Break
10:30 am Easement and Right of Way Issues
  Existing rights of way management, negotiations for new and expiring rights of way, valuation of rights of way, and desirable legal provisions in easement documents
  Margaret M. Schaff, Esq.
 Margaret M. Schaff PC / Boulder, CO
11:15 am Transmission Issues -- Getting Electric Power to Market
  Don Mundy, P.E., Senior Vice President
 Black & Veatch / Denver, CO
12:00 pm Lunch (on your own)
1:15 pm Tribes and States Working Together -- What Has to Happen to Succeed?
  Jim Ham, Esq.
 Arnold & Porter / Los Angeles, CA
  The Hon. Loretta Lynch, Esq.
 California Public Utilities Commission / San Francisco, CA
1:30 pm Financing Tribal Energy Projects
  How tribes can use bonds, taxes, conduit funding, self-financing and other sources to fund energy projects
  Howard V. Golub, Esq.
 Nixon Peabody LLP / San Francisco, CA
2:15 pm Break
2:30 pm Setting Up A Tribal Utility, Initiation to Implementation
  Dealing with existing utilities and power incumbents; solving transmission issues; the economics of a tribal utility
  Robert M. Adler, Esq., President
 Tribal Energy Development / Washington, DC
  Rosalind K. Allen, Esq.
 Holland & Knight LLC / Washington, DC
  William L. Bryan, Vice President
 Southern California Edison / Rosemead, CA
  Michelle L. Garcia
 Southern California Edison / Washington, DC
  William L. Cyr, General Manager
 Aha Macav Power Services / ,
4:00 pm Adjourn

Cancellation

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

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: NV CLE 11.5 (#lsi a5-lv) | AZ CLE 11.75 | CA MCLE 12.25 | OR CLE 12.75 (#2104*234) | WA CLE 11.75 (#133502)

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

Tracey LeBeau, Program Co-Chair, is Vice President with Innovation Investments, LLC, a developer of large scale renewable energy investments based in San Francisco, California. She is also founder and President/CEO of Swiftbird Resources, a privately held native and woman-owned energy firm which provides project development, structuring and regulatory expertise to clients and partners in North America. She advises corporate and tribal clients in oil and gas reclamation and production, utility formation and regulation, wind and energy project development, corporate modeling and enterprise development.

Jerome L. Levine, Program Co-Chair, is a partner with Holland & Knight LLP, a business and litigation attorney who has been involved in all aspects of Indian law for over seventeen years. He has been particularly active in the development of the firm’s Indian gaming practice.

Robert M. Adler is a general partner with the Washington, D.C. law firm of O’Connor & Hannan, LLP, and President of Tribal Energy Development L.L.C., which works with Tribes to explore the development of electric energy projects and to develop viable projects.

Rosalind Allen, a partner with Holland & Knight LLP, practices in the area of telecommunications law, development/deployment of spectrum-based technologies, privacy law and homeland security issues. She has held a number of key positions at the FCC, including Director of Legal Policy & Deputy Chief of the Wireless Telecommunications Bureau.

Nancy Appleby ^ Of Counsel ^ Bracewell & Giuliani, LLC

Bill Bryan is Vice President of the major customer division of Southern California Edison’s customer service business unit. He oversees the company’s relationships with major government, industrial, commercial and tribal customers.

Ben Nighthorse Campbell joined the Washington, DC office of Holland & Knight after serving in the United States Senate from 1993-2005 and in the U.S. House from 1987-1993.  Campbell is one of 44 Chiefs of the Northern Cheyenne Tribe.

Jeffrey C. Carey, Managing Director Native Americanl Banking, is the senior banker covering American Indian tribal governments and their enterprises in Public Markets banking for Merrill Lynch Capitol Markets. He is currently working on financings for numerous Tribal Nations, totaling over $1.5 billon.

William L. Cyr ^ General Manager ^ Aha Macav Power Services

Teresa Leger de Fernandez is a partner with the Nordhaus Law Firm, one of the country’s largest firms dedicated to representing Native American tribes, entities, and businesses. She has worked with 3 different tribal utility entities on infrastructure, energy assets acquisitions, and financing. She helped found and advises the board of a Native American community development financial institution. In the last 18 months, she has served as counsel on over $220 million in taxable and tax exempt bond and financing issues.

Michelle L. Garcia, (Iowa Tribe of Oklahoma) is a Washington Representative for Southern California Edison, working on public and governmental affairs and as the American Indian Liaison. She was previously Director of Development for the Iowa Tribe of Oklahoma.

Howard V. Golub is a partner with Nixon Peabody LLP, where he provides services to a wide range of clients in the energy industry nationwide including investor-owned and publicly owned utilities, independent power producers, and developers of energy technologies.

Jim Ham is a partner with Arnold & Porter LLP, where he has litigated a wide variety of complex business and commercial disputes, recently on behalf of the Hopi Tribe in California Public Utilities Commission proceedings regarding a $1.2 billion dollar investment in the future of the 1580 megawatt Mohave Generating Station.

Lyle Johnson is a Public Utilities Specialist in Western Area Power Administration’s Colorado River Storage Project Management Office. For the last three years he 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.

Tracey LeBeau, Program Co-Chair, is Vice President with Innovation Investments, LLC, a developer of large scale renewable energy investments based in San Francisco, California. She is also founder and President/CEO of Swiftbird Resources, a privately held native and woman-owned energy firm which provides project development, structuring and regulatory expertise to clients and partners in North America. She advises corporate and tribal clients in oil and gas reclamation and production, utility formation and regulation, wind and energy project development, corporate modeling and enterprise development.

The Hon. Loretta Lynch served as President of the California Public Utilities Commission from 2000 through 2002. Her commission term expired in January, 2005. She is a member of the FCC’s Joint Accounting Standards Board; she serves as Chair of NARUC’s Telecommunications Subcommittee on Service Quality; and is a co-chair of the Alliance to Protect Electricity Consumers.

Douglas MacCourt is a partner in the Portland, Oregon office of Ater Wynne LLP and for 16 years has represented public, private and tribal clients on land use, natural resources, environmental and energy matters with an emphasis on facility siting and agency permitting.

Don Mundy, Senior Vice President with Black & Veatch, 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.

Kathleen M. Nilles is a partner with Gardner Carton & Douglas LLP where she focuses her practice on tax and corporate issues for tax-exempt organizations. She also handles a wide range of federal legislative tax issues for both nonprofit and for-profit clients.

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.

Arvin Trujillo is Executive Director of the Navajo Nation’s Division of Natural Resources, overseeing all aspects of natural resource management, compliance, and development within the Navajo Nation.

Rollie Wilson, FERC’s first tribal liaison, works closely with the Commission and Indian tribes at all levels to enhance tribal involvement in FERC proceedings, facilitate consideration of tribal resource issues, and increase tribal awareness of FERC’s responsibilities.