Law Seminars International Presents: A Comprehensive Two-Day Conference on the Legal and Business Issues in Project Developing for

Tribal Energy and the California Market

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

June 23 & 24, 2008
Morongo Casino Resort & Spa in Cabazon, CA

Who Should Order This Homestudy

Attorneys, tribal, industry and government representatives, energy decision makers, consultants and financial institution executives

Why Order

Economic development efforts have stimulated Native American tribes to transition from merely providing land, energy or rights of way, to becoming active entrepreneurial participants in energy projects.Tribal leaders are faced with choices of developing and operating their own utilities, power generation, forming joint ventures and building new alliances with other tribal entities, utility and energy companies, or other strategic business partners.

This program focuses on specific market opportunities for tribal energy projects in California and energy sales from projects outside the state. We will discuss federal and state policies, practicalities of funding projects and structuring deals with both development partners and the buyer of the power, tools for overcoming regulatory hurdles, transmission for getting your power to market, and more. The conference concludes with a discussion of ways for tribes to leverage energy project investments to further promote economic development.

Our distinguished faculty will provide attorneys, tribal representatives, industry executives and consultants with key informatioon on successful energy development. Don't miss this opportunity to explore the ever-expanding opportunities for tribal energy and economic development in California and its regional neighbors.

~Program Co-Chairs: Donald M. Clary, Esq. and Ralph E. Hitchcock

You Will Learn About

Agenda

Monday, June 23, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Donald M. Clary, Esq., Program Co-Chair
Holland & Knight LLP / Los Angeles, CA

Ralph E. Hitchcock, Esq., President, Program Co-Chair
Ralph E. Hitchcock & Associates / Cathedral City, CA

 
8:45 am

Opening Address: Setting the Political Stage for Tribal Energy in California

Current political dynamics of tribal energy and what the future holds

Jan Smutny-Jones, Executive Director
Independent Energy Producers Association / Sacramento, CA

 
9:15 am

Renewable Energy Projects in Indian Country: Where Ideas Become Reality

How to take a tribe's dream to do a renewable energy project, get it off the ground and running, to produce vital energy to fuel economic growth

Steven J. Morello, Director of the Office of Indian Energy Policy & Programs
Department of Energy / Alexandria, VA

 
10:00 am

Break

 
10:15 am

Tribal Options: New Suppliers? Cogeneration? Generation Project?

The continuum of options that will, over time, allow progession to energy independence

Donald M. Clary, Esq., Program Co-Chair
Holland & Knight LLP / Los Angeles, CA

William L. Cyr, General Manager
Aha Macav Power Service / Mojave Valley, AZ

 
11:15 am

Defining the California Energy Market

Energy demand and supply in California: Demand and locations in need of more power; existing supplies and what is coming down the pike

Denny Brown, Electricity Supply Analysis Division
California Energy Commission / Sacramento, CA

Renewables Portfolio Standards and greenhouse gas emissions policies in California: How they shape the opportunities available to tribes and other independent power producers in favor of wind, solar, geothermal, small hydro and other renewables

Brian McDonald, P.E., Director, Renewable Resource Development
Pacific Gas & Electric Company / San Francisco, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Structuring Tribal Energy Projects (Renewable and Conventional) for the California Market

Frederick W. Noble, President, CEO
Wintec Energy, Ltd. / Palm Springs, CA

Accessing, structuring and developing wind and pump storage energy projects for tribal co-generation

Thomas E. Linton, Director of Planning & Economic Development
Morongo Band of Mission Indians / Banning, CA

 
3:00 pm

Break

 
3:15 pm

Strategies to Market the Output from a Power Plant Project

Stakeholder perspectives on what it takes for a successful project over the long term

Edward W. Zaelke, Esq.
Chadbourne & Parke LLP / Los Angeles, CA

Needs and expectations of the utility as a buyer

Veronica Gutierrez, Esq., Director of Public Affairs
Edison International / Rosemead, CA

Lessons from a power marketing company

Vincent Velasquez, General Manager, Business Development Group
Shell Energy / San Diego, CA

 
5:30 pm

Reception Sponsored by Holland & Knight LLP

 

Tuesday, June 24, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction to Day 2: Overcoming Regulatory and Other Challenges, and Leveraging the Investment

Donald M. Clary, Esq., Program Co-Chair
Holland & Knight LLP / Los Angeles, CA

Ralph E. Hitchcock, Esq., Program Co-Chair
Ralph E. Hitchcock & Associates / Cathedral City, CA

 
8:45 am

Laws Effecting Tribal Interests in Transmission Line Siting, Access and Service

Roles for tribal codes; untangling laws on siting, jurisdiction, access, service, tribes' cultural property; strategies for making it work for all parties

Sharon I. Haensly, Esq.
Williams, Kastner & Gibbs PLLC / Seattle, WA

2005 Energy Policy Act issues; Section 368 DOE declaration of National Interest Corridors in the Region; the interplay between DOE and FERC; how declaration of a corridor affects the siting process

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

 
10:15 am

Break

 
10:30 am

Project Permitting

Impact of AB 32 on project siting in California and interstate power sales into California

Steven Branoff, Senior Manager
Environ International Corporation / Emeryville, CA

Permitting and compliance strategies

Nicholas C. Yost, Esq.
Sonnenschein Nath & Rosenthal LLP / San Francisco, CA

Other federal programs: Clean Water Act, Clean Air Act and Endangered Species Act

David M. Ivester, Esq
Briscoe Ivester & Bazel LLP / San Francisco, CA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Tribal Economic Development: Financing Energy Projects

Structuring projects to contribute to overall economic development for the tribe; evaluating the pros and cons of developing water, sewer, gas and telecommunications as part of the overall package

Todd Hooks, Economic Development Director
Agua Caliente Band of Cahuilla Indians / Palm Springs, CA

How financial markets see tribal development: Who's providing private sector financing for tribal projects and what kinds? Development partners the markets favor and disfavor; Structuring projects and presenting the business plan for easier financing

Valerie Van Winkle, Senior Vice President
Canyon National Bank / Palm Springs, CA

 
3:00 pm

Break

 
3:15 pm

Franchise and Rights-of-Way Agreements as Tools for Facilitating Energy and Other Infrastructure Development Projects on Tribal Lands

Current best thinking on terms and negotiating approaches

Ralph E. Hitchcock, Esq., Program Co-Chair
Ralph E. Hitchcock & Associates / Cathedral City, CA

Melissa A. Schlichting, Esq.
Karshmer & Associates / Berkeley, CA

 
4:15 pm

Leveraging Tribal Capital and Government Programs to Promote Tribal Energy Development

How tribes are utilizing and leveraging tribal capital and non-monetary assests in development partnerships, as well as employing federal programs and vehicles, to add value to joint ventures

Tracy A. LeBeau, Esq.
Red Mountain Tribal Energy / Phoenix, AZ

 
5:00 pm

Evaluations and Adjourn

 

Cancellation

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

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 14 California MCLE 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 DVD recording and the written course materials, is available for $1005. 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

Donald Clary, partner with Holland & Knight LLP, assists tribes and developers on utility related matters including formation of utilities, development of renewable energy projects and contractual negotiations.

Ralph E. Hitchcock, is Founder and President of Ralph E. Hitchcock & Associates (REH&A), a utility consulting, operations and management firm that assists tribal, utility and industry clients with renewable and conventional power projects, transmission rights-of-way, utility services and the organization and operations of tribal utilities.

Jan Smutny-Jones, Opening address, Executive Director of the Independent Energy Producers Association (IEP), was Chair of the Governing Board of the California Independent System Operator and on the Governing Board of the Power Exchange.

Steven Branoff, Senior Manager at ENVIRON International Corporation, does regulatory reviews and impact analyses under the Clean Air Act, state and local programs, including PSD and NSR permits, Title V permits, risk management plans, local permitting and toxics emissions analyses.

Chris Clark-Deschene, partner in the Law Office of Schaff & Clark-Deschene LLC, and Indian owned law firm, works for tribal governments and their energy enterprises and utilities and helps tribal leaders negotiate energy agreements including rights-of-way, leases and development contracts. He is the in-house attorney for Dine' Power Authority. He is currently running for a seat in the Arizona House of Representatives.

William L. Cyr is General Manager for Aha Macav Power Service (AMPS), a fully integrated electric/gas utility that provides reliable and competitively priced power to tribal members and businesses located on the Fort Mojave Indian Reservation.

Veronica Gutierrez, Director of Public Affairs for Edison International, combines her public affairs and regulatory experience to advance initiatives and targeted outreach efforts. She focuses especially on global warming issues and the company's efforts to make a positive difference in this area.

Sharon I. Haensly, of counsel at Williams, Kastner, focuses on tribal law including corporate structure, taxes, land use, natural resources and cultural property. Previously, she was in-house counsel with the Swinomish Tribe.

Todd Hooks, Economic Development Director for the Agua Caliente Band of Cahuilla Indians, is involved with business and real estate development opportunities that benefit the Tribe and its members, and is an economic liaison for the Tribe and the City of Palm Springs.

David M. Ivester, partner at Briscoe Ivester & Bazel LLP, focuses on land use, environmental and natural resource law, including permitting, administrative enforcement proceedings, and federal and state suits involving the Clean Water Act, Endangered Species Act, NEPA and CEQA.

Tracey A. LeBeau, partner and principal with Red Mountain Tribal Energy, has a strong background in energy and infrastructure project visioning, oil and gas development, renewable energy development and regulation and right-of-way issues. Previously, she was Vice President of Innovation Investments.

Thomas E. Linton is Director of Planning and Economic Development for the Morongo Band of Mission Indians. He oversees economic ventures for the tribe's reservation, including the Morongo Casino, Resort & Spa.

Brian McDonald, Director of Renewable Resource Development for Pacific Gas and Electric, focuses on development of renewable resources for utility ownership and commercial implementation of emerging renewable resources including wave, next generation solar and tidal power.

The Hon. Steven J. Morello, Deputy Assistant Secretary for Intergovernmental and External Affairs and Director of the Office of Indian Energy Policy Programs at the Department of Energy, focuses on promoting renewable and sustainable energy growth in Indian country.

Frederick W. Noble is President and Chief Executive Officer of Wintec Energy, LTD., an owner /operator of wind power plants. He has developed, financed and constructed eight wind energy projects.

Melissa A. Schlichting, partner at Karshmer & Associates, focuses on gaming, health law, employment law and Indian preference, insurance issues for tribes, tribal community college issues and preparation of tribal ordinances and policies.

Valerie Van Winkle, Senior Vice President for Canyon National Bank, assisted with the start-up of the bank when it opened in 1998 as well as the Tribal Services division. She currently oversees all Tribal Services activities and is responsible for the bank's current portfolio of Native American tribes and their members in the western United States.

Vincent Velasquez, General Manager in the Business Development Group for Shell Energy North America, focuses on risk management products for the merchant power plant market.

Nicholas C. Yost, partner at Sonnenschein Nath & Rosenthal LLP, practices environmental law, including compliance, permits and authorizations, enviromental due diligence and litigation.

Edward W. Zaelke, managing partner at Chadbourne & Parke LLP, focuses on project development and finance, including representing companies in development, finance and operation of wind power and other alternative energy projects.