Law Seminars International Presents: A Comprehensive Two-Day Conference on

Tribal Energy in the Northwest
Recent developments in federal policies, new state initiatives and expanding opportunities for energy development in Indian country.

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

October 22 & 23, 2007
Red Lion Hotel in Seattle, WA

Who Should Order This Homestudy

Attorneys, tribal and governmental representatives, decision makers in energy, and financial institution executives

Why Order

Tribes are increasingly developing their own utilities and power generation, forming joint ventures and building new alliances with utilities and energy companies.

Our "Tribal Energy in the Northwest Conference" looks at recent developments in Federal policies and new state renewable energy initiatives that create opportunities for tribes, including grant funding and the development of renewable energy including wind, biomass, wave and solar. Our conference will explore these opportunities as well as related transmission issues, formation of business entities, bond financing and environmental regulations.

Our distinguished faculty will provide attorneys, program managers, agency officials and executives with key information on successful tribal energy development. Don’t miss out on this opportunity to explore ever expanding opportunities for energy development in Indian country.

~ Program Co-Chairs: Sharon I. Haensly, Esq. and J.D. Williams, Esq.

What You Will Learn

Agenda

Monday, October 22, 2007

8:00 am

Registration & Continental Breakfast

 
8:30 am

Introduction & Overview

Sharon I. Haensly, Esq., Program Co-Chair
Williams Kastner & Gibbs PLLC / Seattle, WA

J. D. Williams, Esq., Program Co-Chair
Law Office of JD Williams / Portland, OR

 
8:45 am

Opening Address: Update on Federal Tribal Energy Policies & Their Implications for the Pacific Northwest

The role of tribal energy development as part of the administration's overall energy policy; grants and other funding opportunities; recent legislative proposals and other policy initiatives to promote tribal energy development

Robert Gough
InterTribal Council on Utility Policy / Boulder, CO

 
9:30 am

State Energy Policy Goals

How the states’ renewable energy and other energy initiatives might play out in Indian country

The Hon. Patrick J. Oshie, Esq., Commissioner
Washington State Utilities & Transportation Commission / Olympia, WA

Diana Enright, Assistant Director Renewables Division
Oregon Department of Energy / Salem, OR

The Hon. Curtis D. McKenzie, Senator District 12
McKenzie Law Offices / Boise, ID

 
10:30 am

Break

 
10:45 am

Renewable Energy Opportunities & Challenges on Tribal Lands in the Pacific Northwest

Utility-scale wind projects (25 MW or larger): The current market

Ty Daul, Vice President Business Development - Renewables
PPM Energy, Inc / Portland, OR

The elements involved in building a wind farm and the relative advantages and disadvantages of development on Pacific Northwest tribal lands from the developer’s perspective

Scott Piscitello, Vice President of Development
RES America Development / Portland, OR

Ethanol & biodiesel opportunities for Pacific Northwest Tribes

Terry Fredericks
Three Affiliated Tribes / New Town, ND

Hal B.H. Cooper, Jr., Ph.D., P.E.
Firetail Energy Systems / Kirkland, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Renewable Energy Opportunities (con’t)

Wave Project

Diana Enright, Assistant Director Renewables Division
Oregon Department of Energy / Salem, OR

Bioenergy: Fuel supply in the NW and other elements of a successful biomass project; spotlight on Oregon tribes

Frederick Tornatore, Partner/Senior VP
TSS Consultants / Rancho Cordova, CA

 
3:15 pm

Break

 
3:30 pm

Transmission Issues for Tribal Generation & Utility Projects

The newest federal bills; update on developments and decisions after the joint Department of Energy/Department of the Interior Section 1831 Right of Way Study

Sharon I. Haensly, Esq., Program Co-Chair
Williams Kastner & Gibbs PLLC / Seattle, WA

Renewal of transmission lines on reservations and opportunities for development as part of renewal negotiations

Chris Clark-Deschene, Esq.
Schaff & Clark-Deschene LLC / Boulder, CO

The general state of transmission in the Pacific Northwest, who is advocating what in the long-running debate among the stakeholders, and what it means for Tribal generation projects

Tribal perspective

Joseph P. Hovenkotter, Esq., Staff Attorney
Confederated Tribes of the Salish & Kootenai / Pablo, MT

 
5:00 pm

Native American Tribal Energy Company's Tariff Audits

How Tribes can verify their correct rate for utilities, including power, gas, telephone and water, to avoid overpaying their utility bills

Roger Fragua, Deputy Director
Native American Tribal Energy / Denver, CO

 
5:30 pm

End of Day

 

Tuesday, October 23, 2007

8:00 am

Registration & Continental Breakfast

 
8:30 am

Introduction & Overview

Sharon I. Haensly, Esq., Program Co-Chair
Williams Kastner & Gibbs PLLC / Seattle, WA

J D Williams, Esq., Program Co-Chair
Law Office of JD Williams / Portland, OR

 
8:45 am

Business Structures for Tribal Energy Projects

Brett V. Kenney, Esq.
Coquille Indian Tribe / North Bend, OR

 
9:30 am

Getting the Deal Done: Keys to a Successful Transaction and What Makes a Tribal Energy Project Attractive to Investors

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

 
10:15 am

Break

 
10:30 am

Financing Tribal Energy Projects

Financial assumptions and preparing/analyzing the proforma

Robert M. Adler, Esq., President
Tribal Energy Development L.L.C. / Washington, DC

Bonds and Debt/Equity financing: Alternative ways to finance; general checklist for due diligence items used by investors/lenders

Townsend Hyatt, Esq.
Orrick Herrington & Sutcliffe LLP / Portland, OR

 
12:00 pm

Lunch (on your own)

 
1:30 pm

Due Diligence & Environmental Compliance Issues for Tribal Energy Projects

Project related due diligence and related issues, including arbitration clauses and limited sovereign immunity waivers, in connection with energy projects on and outside Indian reservations

Michael P. O'Connell, Esq.
Stoel Rives LLP / Seattle, WA

Environmental compliance for hazardous waste

Connie Sue Manos Martin, Esq.
Marten Law Group / Seattle, WA

 
3:00 pm

Break

 
3:15 pm

Starting a Tribal Utility

To-do list for tribes considering starting a tribal utility

J D Williams, Esq., Program Co-Chair
Law Office of JD Williams / Portland, OR

 
4:00 pm

Evaluations & Adjourn

 

Cancellation

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

Continuing Education Credits

This program qualifies for 11.5 WA CLE 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 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

Sharon I. Haensly, Program Co-Chair, of counsel with Williams, Kastner & Gibbs PLLC's tribal law practice, focuses on advising tribal governments and businesses. She is experienced in environmental, land use and natural resources and cultural resources protection, and has practiced before state and federal agencies and courts. Previously, she was a staff attorney with the Swinomish Tribe and the U.S. Environmental Protection Agency.

J.D. Williams is an attorney in Portland representing Indian tribes, tribal members, economic developers and others in Indian country. He focuses on energy law including representing tribes before FERC, establishing tribal utilities, tribal energy marketing, transmission easements, and developing both renewable and non-renewable generation for tribes. He is a member of both Washington and Oregon bars as well as federal and tribal courts. He also acts as an appellate judge for tribal courts.

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

Chris Clark-Deschene, partner at Schaff & Clark-Deschene LLC, works for tribal governments and their energy enterprises and utilities. He has helped tribal leaders negotiate energy agreements including rights-of-way, leases, and development contracts. He is the in-house attorney for Dine' Power Authority.

Hal B.H. Cooper, Jr., Ph.D., P.E., with Firetail Energy Systems is an engineer who works on both energy and transportation projects in North Dakota. He is a specialist in coal and wind power projects and electric transmission plus electrified railroads.

Ty Daul, Vice-President, Business Development - Renewables PPM Energy, Inc., is responsible for PPM’s North American renewable energy development and project acquisitions. He has been involved in PPM’s wind business development including the development of over 1,000 MW of operating wind projects and projects currently under construction.

Diana Enright, Assistant Director, Renewable Energy Division, Oregon Department of Energy, directs a staff of technical experts and policy advisors who develop renewable energy and alternative fuels projects, and is responsible for implementing Governor Kulongoski’s Climate Change Initiative and Renewable Energy Action Plan and is the agency’s tribal liaison.

Terry Fredericks, of Three Affiliated Tribes, is co-founder of project Nu’eta Nation Builders (Twin Buttes Custom Homes Inc.), Project Manager for development and installment of the first Tribally-Owned 65 kW wind turbine, Vice-President Intertribal Council On Utility Policy’ (COUP), recent recipient of the World Clean Energy Award for the Intertribal COUP Wind Development Plan and President of Firetail Energy Systems Inc.

Joseph P. Hovenkotter, Staff Attorney for the Confederated Salish and Kootenai Tribes, represents the Tribes in their energy, transportation, real property and natural resource/land use issues.

Townsend Hyatt, partner with Orrick Herrington & Sutcliffe LLP, is leader of the firm's Indian Tribal Finance practice. He is listed by Chambers USA - America’s Leading Business Lawyers in the area of Native American Law and Best Lawyers in America in the fields of Native American and Public Finance Law.

Douglas MacCourt, partner at Ater Wynne LLP and Co-Chair of the firm's Tribal Business Practice, has represented 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.

Connie Sue Manos Martin, an attorney with Marten Law Group PLLC, focuses on environmental and natural resource litigation with special expertise in matters involving Indian tribes. She has twice been recognized as a "Rising Star" by Washington Law and Politics magazine.

The Hon. Curtis D. McKenzie, is an Idaho State Senator for District 12, Canyon County and the citizens of the state of Idaho. He is also the founder of McKenzie Law Offices, PLLC, practicing in the areas of Civil Litigation and Complex Business Litigation.

Michael P. O'Connell, partner with Stoel Rives LLP, advises clients on stormwater permits, citizen suit notice letters, stormwater permit litigation, water rights, permitting for large projects on and outside Indian reservations, and business transactions with Indian tribes.

The Hon. Patrick J. Oshie was appointed to the Washington Utilities and Transportation Commission (WUTC) in 2001. Previously, a partner in his Yakima law firm, he specialized in federal Indian and environmental law. He is a member of Energy Resources and the Environment Committee of the National Association of Regulatory Utility Commissioners (NARUC) and serves as the committeeís Vice-Chair.

Scott Piscitello, Vice President of Development at RES America Developments, a wind energy company, focuses on the development of wind energy projects in the Pacific Northwest and Northern California.

Frederick Tornatore, Vice President, Environmental and Technology Services, TSS Consultants, focuses on environmental management & regulatory compliance, energy development, permitting and environmental impact analyses, and technology evaluation. Previously, he was manager of the California Energy Commission's Geothermal Marketing Program.