Law Seminars International Presents

Two Comprehensive Days on Developing

Tribal Energy

in the Northwest

June 16 & 17, 2005
Renaissance Seattle Hotel in Seattle, WA
Order      Download PDF Brochure

Who Should Order Homestudy

Attorneys, Tribal representatives, program managers, and energy industry executives

Why Order

Our Third Annual "Tribal Energy in the Northwest Conference" looks at new and emerging issues involved in developing energy projects on tribal lands in the Northwest. Hydropower plants in Western states will soon be the subject of relicensing requirements. Tribes are increasingly evaluating their resources for self-sufficient non-grid power generation to meet the power demands of tribal facilities and commercial enterprises. For tribal members, attorneys, program managers and industry representatives, this conference once again brings together tribal leaders, governmental and industry representatives, lawyers and consultants for a crucial update on transmission issues, easements; rights of way; business structures; renewables; environmental regulation; BPA's role in tribal energy projects, and financing issues. Our distinguished faculty includes the U.S. Department of Energy's Director of Indian Affairs, Steve Grey, who will talk about Indian provisions in proposed energy regulation. There will be a special address on "Tribal Energy Regulation" by Susan M. Williams of Williams & Works, who successfully argued the Big Horn case before the U.S. Supreme Court. Recent court decisions and the impact of recent litigation will be covered in depth. Don't miss this opportunity for an update on critical issues affecting tribal energy development now. Program Co-Chairs ~Eric D. Eberhard and William H. Rodgers, Jr.

What You Will Learn

- Indian Provisions in Proposed Energy Legislation - Hydro-Power Relicensing and the ESA - Federal Issues in Tribal Energy - Easement and Rights of Way Issues - Permitting Requirements for Energy Projects on Indian Land - Business Structures for Tribal Energy Development - Exploring Renewable Energy Opportunities - Transmission Issues - Tribal Energy Regulation - Case Law Update - Financing Issues for Tribal Energy Projects - Bonneville Power Administration-Its Role in Tribal Energy Projects - Case Studies in Tribal Energy Development

Agenda

Thursday, June 16, 2005
8:30 am Introduction & Overview
  Eric D. Eberhard, Esq., Program Co-Chair
 Dorsey & Whitney LLP / Seattle, WA
  William H. Rodgers, Jr., Esq., Program Co-Chair
 University of Washington School of Law / Seattle, WA
8:45 am Indian Provisions in Proposed Energy Legislation
  Eric D. Eberhard, Esq., Program Co-Chair
 Dorsey & Whitney LLP / Seattle, WA
9:30 am Hydro-Power Relicensing and the ESA: Hydro-Power Development, Salmon and Tribes
  Bruce Davies, Esq., Policy Analyst
 NW Indian Fisheries Commission / Olympia, WA
10:15 am Break
10:30 am Federal Issues in Tribal Energy
  Using FERC's process to your tribe's advantage
  Mason D. Morisset, Esq.
 Morisset, Schlosser, Jozwiak & McGaw / Seattle, WA
11:15 am Easement and Rights of Way Issues
  Statutes that come into play on leases; 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.
 Schaff & Clark-Deschene, LLC / Boulder, CO
12:00 pm Lunch (on your own)
1:15 pm Permitting Requirements for Energy Projects on Indian Land
  Requirements and timelines imposed by NEPA and related federal laws; developing the necessary legal and regulatory structures at the tribal level
  Daryl Williams, Executive Director
 Quil Ceda Power Corporation / Tulalip, WA
2:00 pm Business Structures for Tribal Energy Development
  Legal and governance issues that must be reviewed in choosing business structures for tribal energy projects; pros and cons of tribal, corporate, federal or state charter; partnering with private entities; LLC's; joint ventures or local government
  J. D. Williams, Esq., Tribal Attorney
 Tribal Law Offices / Portland, OR
  Putting the deal together: What you don't think about that could get you later; employment issues, contracts, tribal taxes, tribal business entities
  Michael P. O'Connell, Esq.
 Stoel Rives LLP / Seattle, WA
3:15 pm Break
3:30 pm Exploring Renewable Energy Opportunties
  Understanding the basics of renewables; resources for feasibility studies and pilot projects; strategies for attracting private capital to Indian Country
  Douglas MacCourt, Esq.
 Ater Wynne LLP / Portland, OR
4:15 pm Transmission Issues
  A comprehensive look at the unique legal, business and regulatory issues involved in transmitting electric power; financing; working with state jurisdictions; constrained paths; new proposals for building lines across reservations or cultural resources.
  Kenneth H. Johnston, Esq., Tribal Account Executive Transmission Business Line
 Bonneville Power Administration / Vancouver, WA
  Getting to market in the new unregulated environment: New proposals for building lines across reservations; cultural resources/renewals of lines
  Gary Hunt, Consulting Vice President
 Henwood Energy Services, Inc. / Sacramento, CA
5:00 pm Reception for Faculty & Attendees
  Sponsored by Dorsey & Whitney LLP

Friday, June 17, 2005
8:30 am Tribal Energy Regulation
  Indian Tribes have governmental and proprietary interests in developing energy resources on their reservations: What is the current law on Tribal authority to regulate non-Indian development of energy resources on reservations?
  Susan M. Williams, Esq.
 Williams & Works, PA / Corrales, NM
9:15 am Report on the Battles: Case Law Update
  What is happening in the courts; impact of recent litigation on tribal energy development; FERC as tribes' trustee; tribal authority and tribes as government; tribes' rights as owner; NRD claims; 9th Circuit on Skokomish Tribe v. Tacoma
  William H. Rodgers, Jr., Esq., Program Co-Chair
 University of Washington School of Law / Seattle, WA
  Mason D. Morisset, Esq.
 Morisset, Schlosser, Jozwiak & McGaw / Seattle, WA
10:30 am Break
10:45 am Financing Issues for Tribal Energy Projects
  Bonds, taxes and other sources; financing alternatives and requirements for tribal energy projects
  Mae Nan Ellingson, Esq.
 Dorsey & Whitney, LLP / Missoula, MT
11:30 am Bonneville Power Administration: Its Role in Tribal Energy Projects
  Understanding BPA's technical and legal role in developing and operating tribal energy projects
  Shannon K. Greene, Tribal Account Executive
 Power Business Line / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm Case Studies in Tribal Energy Development; Problems and opportunities involved in bringing an energy project from concept to full operation
  Daryl Williams, Executive Director
 Quil Ceda Power Corporation / Tulalip, WA
  Wind energy projects
  William McCabe, Director of Native American Programs & Resources
 Distributed Generation Systems, Inc. (Disgen) / Lakewood, CO
  Makah Wave Energy Project
  Ken Kukes, Executive Vice President
 AquaEnergy Group Ltd. / Mercer Island, WA
  Leonard (Bud) Denney, Economic Development Mgr.
 Makah Tribe / Neah Bay, WA
3:00 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: WA CLE 11.5 | OR CLE 12.25

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written 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 (whichever is later).
Order Homestudy

Faculty Bios

Eric D. Eberhard, Program Co-Chair, is a Partner in the Indian and Gaming Law practice group of Dorsey & Whitney, LLP. He practices in the areas of Federal Indian law, environment and natural resources, gaming, and legislation.

William H. Rodgers, Jr., Program Co-Chair, is a Stimson Bullitt Professor of Environmental Law at the University of Washington School of Law. He is recognized as a leading authority on environmental law, with publications including the 4-volume Treatise on Environmental Law.

Susan M. Williams, Special Address, is a Shareholder in Williams & Works, P.A., an Indian and woman-owned law firm. She successfully argued the Big Horn case before the U.S. Supreme Court and serves on several boards of directors and national advisory committees on state-tribal relations.

Bruce Davies is a Policy Analyst with the Northwest Indian Fisheries Commission. In that capacity he has been involved in a range of ESA related issues. Prior to his current position, he served as tribal prosecutor for the Quinault Tribe, and as staff attorney for the Native American Rights Fund in Boulder, CO.

Leonard (Bud) Denney is Community Planning and Economic Development Manager for the Makah Tribe, where he leads the staff for renewable energy sources in developing fuel facilities.

Mae Nan Ellingson is a Partner in Dorsey & Whitney's Corporate/Finance practice group. She practices in the area of tax-exempt finance, acts as bond counsel to the State, its various agencies and instrumentalities, local governments, and other political subdivisions, acts as underwriter's counsel on transactions and frequently drafts legislation relating to government finance and other matters pertaining to state and local government.

Shannon K. Greene is the Tribal Account Executive for BPA's Power Business Line. She started working for Bonneville Power in 1986 when she was hired by the Energy Efficiency Group as a mechanical engineer. She worked with Northwest industries to help facilitate the installation of energy efficient measures under Bonneville’s conservation programs. In 1997, she moved to the position of Energy Efficiency Representative where she worked with Bonneville’s utility customers ensuring that they understood Bonneville’s conservation initiatives and program offerings. She was excited when she was offered the opportunity to work with the tribes in the Pacific Northwest. She first worked with the tribes on conservation issues. In 2002 she moved to the position of Tribal Account Executive in Bonneville’s Power Business Line. She continues to work with the tribes in Bonneville's service area on power related initiatives. These activities include: 1) managing power sales contracts for Bonneville's tribal utility customers; 2) working with tribes as they explore the feasibility of electric utility formation; 3) working with tribes who are investigating generation and renewable resource development; 4) working with tribes on conservation opportunities; and 5) keeping tribes and tribal organizations informed about Bonneville Power Business Line activities and initiatives.

Gary Hunt heads the strategic consulting and market advisory service business unit of Henwood, a Global Energy Decisions Company. He is an expert in competitive power market strategy, market analytics and energy portfolio strategic planning.

Kenneth H. Johnston is Tribal Account Executive for the Transmission Business Line of the Bonneville Power Administration. As the TBL Tribal Account Executive, he is the focal point for transmission issues for all 54 northwest tribes in BPA's service territory.

Douglas MacCourt is a Partner in the Portland, OR office of Ater Wynne LLP and Co-Chair of the firm's Tribal Business Practice. He has represented public, private, and tribal clients for over 16 years on land use, natural resources, environmental and energy matters, with an emphasis on project development, facility siting, permitting and government relations.

Mason D. Morisset, Morisset, Schlosser, Jozwiak & McGaw, has been a natural resources litigator for over 35 years representing tribal interests.

Mason D. Morisset, Morisset, Schlosser, Jozwiak & McGaw, has been a natural resources litigator for over 35 years representing tribal interests.

Michael P. O'Connell, is a Partner in the Seattle office of Stoel Rives, LLP. His practice focuses on siting large projects on and near Indian reservations and business transactions with Indian tribes.

Margaret M. Schaff has 13 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.

Daryl Willliams is a Tulalip Tribal member and Executive Director of the Quil Ceda Power Corporation. He has been employed by the Tulalip Tribes for 26 years dealing with natural resource, cultural and treaty rights issues. He is currently an Environmental Liaison for the Tribes Governmental Affairs Department and was appointed to the Puget Sound Water Quality Action Team by Governor Locke in 1998. 

Daryl Williams has worked for the Tulalip Tribes Quil Ceda Power Corporation for over 27 years dealing with a range of fisheries and environmental issues including: development of Tribe's air quality program; reviewing development plans within the Tribes Usual and Accustomed fishing areas for impacts to cultural resources, fish and wildlife habitats; and is currently working on a business plan for a bio-gas facility.

"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."