Welcome/Introduction
Speakers:
Elizabeth Thomas – Partner & Practice Area Leader – Energy,
Infrastructure and Resources, K&L Gates, Seattle
Jennifer M. Coughlin – Administrative Partner, K&L Gates,
Anchorage
July 31, 2012
Anchorage Marriott Downtown
Elizabeth Thomas
Ms. Thomas is a Practice Area Leader of K&L Gates' Energy, Infrastructure and
Resources practice and serves on the firm's Management Committee.
Ms. Thomas has a national practice, concentrating in a range of matters related to
energy and water regulation, transactions and project development. This includes:
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SEATTLE OFFICE
206.370.7631 TEL
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206.370.6190 FAX
liz.thomas@klgates.com
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Siting, permitting and development of renewable and traditional generating
facilities
Licensing and re-licensing of hydropower facilities
Creating, trading and using carbon credits, renewable energy credits, and
greenhouse gas mitigation strategies
Counseling clients on potential mergers and asset acquisitions, with an emphasis
on regulatory and environmental issues
Conducting litigation involving energy facilities, water rights and rates
Advising clients on public policy issues
PROFESSIONAL/CIVIC ACTIVITIES
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Member, Legal Foundation of Washington Board of Trustees (appointed by
Washington State Supreme Court), 2011 – present
Past member Climate Solutions Board of Directors, 2005-2010
Chair, Energy Facility Siting Process Review Committee (created by the 1993
legislature)
PUBLICATIONS
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Co-author, “Living With Uncertainty: Hydroelectric Operations Now and in the
Future,” AWRA Spring Specialty Conference, April 18-20, 2011
“Unlocking Regulatory Barriers to Sustainable Energy Systems,” Nat. Resources
& Env’t, Fall 2004
“The Temperature’s Rising: Business Law Considerations for Greenhouse Gas
Regulation,” Nat. Resources & Env’t, Fall 2004
“The Temperature is Rising: Developments in Greenhouse Gas Mitigation,” 30
Environmental and Land Use Newsletter 1 (April 2003)
Co-author, Fundamentals of Water Law in Washington: Protecting Water Rights,
Use and Quality (NBI 1997)
“The Myth of a Single, ‘Green’ Power Resource,” 10-WTR Nat. Resources &
Env’t 65 (1996)
“Environment clouds future power needs,” Puget Sound Business Journal (May
1996)
“EMFs: Still Haunting Property Owners,” 10 Prob. & Prop. 12 (Nov./Dec. 1996)
“EMFs: The Newest Real Estate Hobgoblin?” 7 Prob. & Prop. 18 (Nov./Dec.
1993)
SPEAKING ENGAGEMENTS
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News from the Intersection of GMA and Water Rights: Kittitas County v.
EWGMHB, presented at 20th Annual Conference on Growth Management and
Elizabeth Thomas
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Land Use (LSI, November 2011)
Bridging the Gap between Early and Late-Stage Financing, Midwest Cleantech
2010 Conference, September 14, 2010
Implications of Greenhouse Gas Regulation by EPA, Congress and States for
Public Power in the Pacific Northwest, Washington Society of Municipal and
PUD Attorneys, December 2, 2009.
EPA Mandatory Reporting of Greenhouse Gases Rule Telebriefing, October 20,
2009 (Sponsor: Law Seminars International)
2009 NIPPC Annual Meeting - Climate Change Policy Panel, September, 2009
(Northwest & Intermountain Power Producers Coalition annual conference)
“Energy Finance,” presented at the Recovery Act Bond Finance Opportunities in
Washington State Conference (July 2009)
“Water and Energy: Uneasy Alliance,” presented at the ABA’s 27th Annual Water
Law Conference (February 2009)
“Towards a Sustainable, Accessible and Equitable Energy Future,” peer exchange
with the Thai Energy Regulatory Commission (October 2008)
“Carbon Credits: Legal Framework and Case Studies,” presented at Northwest
Environmental Business Council (December 2007)
“Water Issues for Energy Development,” presented at Washington Water Law
Conference (LSI, June 2007)
Co-chair, LSI Northwest Power Supplies Conference (August 2003)
“Hydro Relicensing: Striking a Balance,” presented at Northwest Power Supplies
(LSI, Aug. 2003)
“The Petition Method of Annexation: Fire Protection Dist. V. Moses Lake,”
presented at The 58th Legislature – Studies in the Separation of Powers CLE
Seminar (July 2003)
“Powering Forward,” presented at Northwest Energy Conference (Apr. 2003)
Co-chair, LSI Pacific Northwest Power Supply Options Conference, Sep. 2002
“Water for Power,” presented at Washington Water Law Conference (LSI, May
2002)
“Generating Facility Permitting and Regulatory Approvals,” presented at Public
Construction SuperConference (ACI, Dec. 2001)
Co-chair, LSI Power and Water Conference, Aug. 2001
“Background on ESA,” presented at People, Water, Fish and Property (ULI
District Council, Apr. 2000)
“The Clean Water Act and the TMDL Process,” presented at Washington Clean
Water (LSI, Dec. 1998)
“Authority for Public Ownership of Telecommunications Facilities,” presented at
Local Telecommunications Infrastructure (LSI, Sept. 1998)
“The Clean Water Act and the TMDL Process,” presented at Washington Clean
Water (LSI, Dec. 1997)
“Permitting and Regulatory Issues in Siting New Natural Gas-Fired Power Plants:
Washington State Perspective,” presented at Natural Gas in the Northwest (Oct.
1994)
“What Are Washington’s Policies on Siting New Natural Gas-Fueled
Generation?” presented at Natural Gas in the Northwest: Capitalizing In This
Expanding Market (May 1994)
“What If Not Flow Control? Solid Waste Disposal Districts,” presented at
Elizabeth Thomas
Managing All the Resources (NW Regional Solid Waste Symposium, Apr. 1994)
COURT ADMISSIONS
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United States Supreme Court
United States Court of Appeals for the First Circuit
United States Court of Appeals for the Ninth Circuit
United States District Court -- Districts of Massachusetts, Western Washington
and Eastern Washington
BAR MEMBERSHIPS
Massachusetts (inactive)
Washington
EDUCATION
J.D., Harvard Law School, 1979 (cum laude)
Law Clerk, Hon. A. David Mazzone, United States District Court for the District of
Massachusetts, 1979-80
B.A., Wellesley College, 1975 (Phi Beta Kappa)
ACHIEVEMENTS
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Named the Best Lawyers’ 2012 Seattle Energy Law Lawyer of the Year.
Named a Best Lawyer in America by Best Lawyers, Energy Law, 2011
REPRESENTATIVE EXPERIENCE
Siting and Transactions
 Tractebel/GDF Suez: EFSEC siting and development of the 520 megawatt gasfired Chehalis Generation Facility
 Energy Northwest: siting of the Pacific Mountain Energy Center, a proposed 680
megawatt integrated gasification combined cycle generation facility
 Westcoast/EPCOR/Capital Power: siting and development of the 249 megawatt
gas-fired Frederickson Generation Facility
 Capital Power: siting and development of the proposed Clover Creek Generation
Facility
 City of Seattle: FERC relicensing for the Boundary hydroelectric project
 PPL Montana: FERC relicensing for the Mystic hydroelectric project
 PPL Corporation: FERC relicensing for the Wallenpaupack hydroelectric project
 Klickitat PUD: permitting and development of the proposed JD Pool pumped
storage hydroelectric facility
 Represented purchaser of Washington combined electric and gas utility with
respect to regional, state and local legal and regulatory matters.
 Represented seller of 520 MW natural gas-fired generating facility to Northwest
and Rocky Mountain states investor-owned utility.
 Represented purchaser of privately held company owning all or portions of 13
cogeneration projects located in California, Colorado, Indiana, New Jersey and
North Carolina.
 Represented independent power producer in sale to Washington investor-owned
utility of nearly one-half interest as tenant in common in 250 MW natural gas-
Elizabeth Thomas
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fired generating facility.
Represented independent power producer in purchase from federal agency of
partially completed natural gas-fired electric generating facility in Washington.
Litigation
 PPL Montana, LLC v. State of Montana, 565 U. S. ____ (2012)
 Okeson v. City of Seattle, 159 Wn.2nd 436, 150 P.3d 556 (2007)
 Yakima Co. Fire Protection Dist. No. 12 v. City of Yakima, 122 Wn.2d 371, 858
P.2d 245 (1993). And see subsequent opinions arising from the same litigation:
Grant Co. Fire Protection Dist. No. 5 v. City of Moses Lake, 145 Wn.2d 702, 42
P.3d 394 (2002), vacated in part on reh’g, 150 Wn.2d 791, 83 P.3d 419 (2004).
 Fire Protection District v. City of Yakima, 122 Wn.2d 371, 858 P.2d 245 (1993)
 Taxpayers of Whatcom County v. Whatcom County, 66 Wn.App. 284, 831 P.2d
1140 (1992)
 City of Tacoma v. State of Washington, 117 Wn.2d 348, 816 P.2d 7 (1991)
 State Dept. of Ecology v. State Finance Committee, 116 Wn.2d 246, 804 P.2d
1241 (1991)
 Hite v. Grant County PUD, 112 Wn.2d 456, 772 P.2d 481 (1989)
 Peoples’ Org. For Washington Energy Resources v. Wash. Utils. & Transp.
Comm’n, 104 Wn.2d 798, 711 P.2d 319 (1985)
Jennifer M. Coughlin
AREAS OF PRACTICE
ANCHORAGE OFFICE
907.777.7632 TEL
907.865.2474 FAX
jennifer.coughlin@klgates.com
Ms. Coughlin’s practice has been primarily in litigation, handling complex business
litigation in addition to medical malpractice, personal injury and employment cases.
Her business case experience includes a variety of contract disputes and real property
litigation, in addition to prosecution and defense of securities actions, prosecution and
defense of antitrust claims, defense of copyright and patent infringement claims, and
defense of alleged trade secret violations. She has defended medical malpractice cases
involving a variety of issues relating to hospital employees, and her personal injury
case experience has included maritime actions and accidents involving guns,
automobiles, and premises liability issues, in addition to several related insurance
coverage issues. Her employment law experience has included representation and
counseling of both employees and employers on discrimination and wage and hour
issues.
Ms. Coughlin has been involved in class actions from both the plaintiffs’ and the
defendants’ side, and has taken part in more than twenty trials, preliminary injunction
hearings or complex administrative proceedings. In addition, she has argued cases
before the state Supreme Courts in both Washington and Alaska.
COURT ADMISSIONS
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U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for Alaska
U.S. District Court for the Western District of Washington
BAR MEMBERSHIPS
Alaska
Washington
EDUCATION
J.D., Boalt Hall School of Law, University of California, Berkeley, 1985
B.A., (history) University of California, Riverside, 1982 (with highest honors’
Regents Scholar, 1980-82; Phi Beta Kappa, 1982)