Law Seminars International Presents:

The 15th Annual Advanced Conference on

Buying & Selling Electric Power in New England

The impact of new regulatory, technology, and market changes on generation, distribution, and utility load retention

Media Sponsor: Energy News Network, a nationally recognized news publication featuring original state-based reporting, dedicated to keeping stakeholders, policymakers, and citizens informed about the important changes taking place within the transition to a clean energy economy.

October 18 & 19, 2018

Boston, MA

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Program Overview

Who Should Order

Attorneys, industry executives, governmental officials, customer representatives and consultants involved with energy issues in the Northeast

Why You Should Order

Northeast energy markets are faced with increasing and wide-ranging changes. How will policy-makers, developers and other stakeholders confront the challenges and opportunities associated with mandated state renewable energy procurements, market adjustments for resources providing fuel security and efforts to retain other non-carbon generation plan? How will the Trump administration's energy and environmental policies and varied State responses affect Northeast energy markets and its participants? How will emerging regulatory frameworks advance storage and other "disruptive" technologies? What change are needed to ensure reliability and resilience in light of evolving federal and state policies and the expanding threats to the grid?

Come participate in the ongoing discussion of these and other issues with faculty that are at the center of these issues. This annual conference has been highly participatory and we welcome and encourage you to join us.

~ James M. Avery, Esq. of Pierce Atwood LLP and David T. Doot, Esq. of Day Pitney LLP, Program Co-Chairs

What You Will Learn

  • ~ Federal energy and environmental policy changes under the Trump Administration
  • ~ Update on grid reliability and resilience proceedings
  • ~ FERC Order 841 and storage in markets operated by RTOs and ISOs
  • ~ Procurement and regional cooperation in the Northeast
  • ~ Challenges to state action
  • ~ Post procurement infrastructure development
  • ~ Market momentum for de-carbonization of transportation
  • ~ New issues for power market operations in the Northeast
  • ~ Market design principles for unlocking the potential of storage
  • ~ Competitive market reforms to produce the outcomes that customers and policy makers want

What Attendees Said

  • "Very informative and well organized"
  • "The topics, speakers and contributions form attendees were all excellent."
  • Let me say that besides having excellent speakers and presentations, this was perhaps the most enjoyable CLE event I ever attended.
  • "Each year I am increasingly impressed with this program"

LSI Subject Area Expertise

We keep up on current and emerging issues by reading our media sponsor: Energy News Network, a nonprofit news site dedicated to keeping stakeholders, policymakers, and citizens informed of the important changes taking place in the transition to a clean energy system. It's available online at

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

James M. Avery, Esq. , Program Co-Chair
Pierce Atwood / Boston, MA

David T. Doot, Esq. , Program Co-Chair
Day Pitney / Hartford, CT

8:45 am

Coal & Nuclear vs. Renewables: Federal Energy and Environmental Policy Update

Energy policies at DOE and EPA; prospects for congressional action affecting the energy sector

Mark C. Kalpin, Esq.
Holland & Knight / Boston, MA

A detailed look at recent and pending proceedings at FERC including items on Chairman MyIntyre's priority list, particularly pipeline applications, rates of return, grid resiliency and cybersecurity

Douglas Smith, Esq.
Van Ness Feldman / Washington, DC

10:15 am


10:30 am

FERC's Grid Reliability and Resilience Pricing Proceeding

Rationale for abandoning DOE's proposal to exempt coal and nuclear from market forces; the issues and concerns put forward by the RTOs and ISOs; potential impacts on future generation mix, and demand response programs

Terence T. Healey, Esq.
Sidley Austin / Boston, MA

11:15 am

Storage as the Next Disruptive Technology for the Utility Sector

FERC Order 841 and storage in markets operated by RTOs and ISOs: Ground rules for utility sector uses for integration of renewables, faster spooling for gas peakers, distribution infrastructure upgrade deferral, and behind-meter applications

Andrew O. Kaplan, Esq.
Pierce Atwood / Boston, MA

12:00 pm

Lunch (on your own)

1:15 pm

Special Address: Operational Reliability Realities

NERC's primary reliability concerns and initiatives; the interplay between resiliency and reliability

Sonia C. Mendonca, Esq. , Deputy GC, VP of Compliance & Enforcement
North American Electric Reliability Corporation / Washington, DC

2:00 pm

Procurement and Regional Cooperation in the Northeast

Building blocks for a sustainable energy future: Update on state renewable energy procurements in New England; market solutions such as procurement of Renewable Energy Credits (RECs); market structures, regulated utility pricing policy considerations

John J. Keene, Jr., Esq. , Senior Director & General Counsel
Sustainable Energy Advantage LLC / Framingham, MA

2:30 pm

State Zero Emissions Credit (ZEC) Programs

Recent Second and Seventh Circuit Courts rulings that state Zero Emission Credit (ZEC) programs are not preempted and do not violate the dormant Commerce Clause; implications for other generation subsidies

Ari Peskoe, Esq. , Director, Electricity Law Initiative
Harvard Law School / Cambridge, MA

3:15 pm


3:30 pm

Post Procurement: The Resulting Need for Infrastructure Development

Fuel security and gas supplies: Impact on the electric sector generation and heating loads from the shortage of pipeline capacity to locations where it is the preferred fuel and additional capacity is needed

Paul Hibbard , Principal
Analysis Group, Inc. / Boston, MA

Drivers for transmission investment and the future of the grid

Alan J. Statman, Esq.
Al Statman LLC / Santa Fe, NM

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Day Pitney and Pierce Atwood

Friday, October 19, 2018

8:30 am

Checks and Balances: National Energy and Environmental Litigation Update

Challenges to state action, such as the Massachusetts Global Warming Solutions Act; whether new fronts may be opening/reopening against emitters

James M. Avery, Esq. , Program Co-Chair
Pierce Atwood / Boston, MA

9:00 am

System Operator Perspectives on Power Market Operations in the Northeast

Specifics on areas where the markets are working well and not well; impact of the latter on the challenge of balancing load and resources; key issues from a general counsel's perspective

Carl F. Patka, Esq. , Assistant General Counsel
New York Independent System Operator / Rensselaer, NY

Maria A. Gulluni, Esq. , VP, GC, and Corporate Secretary
ISO New England Inc / Holyoke, MA

10:00 am

Liberty Utilities' Battery Storage Program

Use of Tesla batteries to shave peak loads and reduce transmission costs: Technical, regulatory, and legal aspects

Michael J. Sheehan, Esq. , Senior Counsel
Liberty Utilities / Concord, NH

10:30 am


10:45 am

Market Design Principles for Unlocking the Potential of Storage

Identifying storage value components and creating an integrated market view; removing market barriers; needs for regulatory changes

Romkaew P. Broehm, Ph.D. , Principal
The Brattle Group / Cambridge, MA

11:30 am

Balancing Demand and Supply: What Needs to be Done for Competitive Markets to Produce the Outcomes that Customers and Policy Makers Want?

Issues arising from conventional plants nearing the end of their useful life; pressure to move away from centralized generation; procurement processes; price signals; concerns about load loss compensation for utilities; and siting realities

David T. Doot, Esq. , Program Co-Chair, Moderator
Day Pitney / Hartford, CT

Conventional plant operator's perspective

Bill Murray, Ph.D. , Vice President of State & Electric Public Policy
Dominion Resources, Inc. / Waterford, CT

Renewables perspective

Todd Presson , CEO
Patriot Renewables / Quincy, MA

12:30 pm

Evaluations and Adjourn

Faculty Bios

James M. Avery, James M. Avery, Program Co-Chair, is a partner at Pierce Atwood. He represents a broad range of utilities, developers, aggregators, and other stakeholders before the Massachusetts Department of Public Utilities, the Massachusetts Energy Facilities Siting Board, and numerous other state utility commissions.

David T. Doot, David T. Doot, Program Co-Chair, leads the Energy and Utilities Industry Group at Day Pitney. He also serves as secretary and lead counsel for the New England Power Pool ("NEPOOL").

Romkaew P. Broehm, Ph.D. Romkaew P. Broehm, Ph.D. is a Principal at The Brattle Group. She is an economic expert in the electric utility industry specializing in the areas of market competition, regulatory policies impacts, power assets and valuation, and the evaluation of power procurement.

Maria A. Gulluni Maria A. Gulluni is Vice President, General Counsel and Corporate Secretary of ISO New England Inc. She is responsible for all corporate and market-related legal issues including ISO New England's role in developing and administering the wholesale electricity markets for New England.

Terence T. Healey Terence T. Healey is a partner at Sidley Austin. He represents clients on a variety of regulatory, enforcement, compliance and transactional matters involving the U.S. wholesale electricity and natural gas markets.

Paul Hibbard Paul Hibbard is a Principal at Analysis Group, Inc. He has public and private sector experience in energy and environmental technologies, economics, market structures, and policy.

Mark C. Kalpin Mark C. Kalpin is a partner at Holland & Knight. He is well-versed in the development and operation of offshore and onshore wind projects, solar generation projects, electric generation facilities, electric transmission facilities, liquefied natural gas (LNG) terminals, natural gas pipelines and subsea telecommunication cables.

Andrew O. Kaplan Andrew O. Kaplan is a partner at Pierce Atwood. He focuses his practice on providers of energy storage, demand response, ancillary services, and electricity and gas transmission and supply.

John J. Keene, Jr. is Senior Director & General Counsel at Sustainable Energy Advantage LLC. He served at Vice Chair of the New England Power Pool Alternative Resources sector for 3 terms (2015-2017), was on the Board of RENEW Northeast (2016), and served as NECPUC Electricity Staff Chair.

Sonia C. Mendonca Sonia C. Mendonca is Deputy GC and VP of Compliance & Enforcement for the North American Electric Reliability Corporation. She oversees the implementation of the enforcement programs by NERC and the Regional Entities as well as the resolution of noncompliance with NERC Reliability Standards across the ERO Enterprise.

William L. Murray, Ph.D., is Vice President of State & Electric Public Policy at Dominion Resources, Inc. where he has served since 2007. He is also an adjunct professor at Virginia Tech.

Carl F. Patka Carl F. Patka is Assistant General Counsel for the New York Independent System Operator, which operates New York's high-voltage transmission system, manages the state's competitive wholesale electricity markets and planning.

Ari Peskoe Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program.

Todd Presson Todd Presson is Chief Executive Officer at Patriot Renewables, LLC, where he is responsible for overseeing all aspects of Patriot's renewable energy project development and operation, including participation in increasingly competitive power markets.

Michael J. Sheehan Michael J. Sheehan is Senior Counsel at Liberty Utilities. He is representing Liberty in the New Hampshire battery storage docket.

Douglas Smith Douglas Smith is a partner at Van Ness Feldman. He represents clients on regulatory matters before the Federal Energy Regulatory Commission and the Department of Energy. He is a former General Counsel at the FERC.

Alan J. Statman Alan J. Statman is an independent consultant. He previously was a partner at Wright & Talisman and was a founder of Trans-Elect, Inc., North America's first independent transmission company.

Continuing Education Credits

Live credits: This program qualifies for 10.25 CT, 10.25 ME (pending), 12.00 RI, and 10.25 VT CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.