Career Possibilities and
Current Trends in
Energy Law
Young Lawyers Committee of the
Energy Bar Association
Energy Bar Association
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Introduction
– International non-profit, voluntary association of
attorneys, non-attorney professionals, and students
active in all areas of law
– Mission:
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“Promote the professional excellence and ethical integrity
of its members in the practice, administration, and
development of energy laws, regulations and policies.”
– Quick Facts
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Established in 1946
Approx. 2,600 members
Seven regional chapters across the US
http://www.eba-net.org/
Energy Bar Association
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Sample activities and programs:
– Publishes the Energy Law Journal, a preeminent law
review focused on current energy concerns, and includes
annual committee reports surveying all developments in
numerous areas of energy law;
– Publishes the Association Directory which includes names,
phone numbers, and e-mail addresses of members;
– Prepares and provides summaries of recent court opinions
of interest to members;
– Provides an ongoing forum and network for the discussion
of energy issues; and
– Hosts a Charitable Foundation (CFEBA), which engages
in a variety of energy-related and general charitable
activities around the world.
Energy Bar Association
EBA Committees:
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Alternative Dispute Resolution
Competition & Antitrust
Compliance & Enforcement
Demand-Side Resources & Smart Grid
Electricity Regulation
Environmental Regulation
FERC Practice & Administrative Law Judges
Finance & Transactions
International Energy Law & Transactions
Judicial Review
Legislation
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Judicial Review
Legislation
Natural Gas Regulation
Nuclear Regulation
Oil & Liquids Pipeline
Regulation
Power Generation &
Marketing
Professional Development,
Education & Ethics
Programs & Meetings
Renewable Energy
State Commission Practice &
Regulation
System Reliability &
Planning
Young Lawyers
Intro. to Energy Law
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Intersection of Several Areas of Law
– Federal
 FPA, NGA, APA, Dodd-Frank Act, antitrust law, bankruptcy
law, constitutional law, tax law, maritime law
– State
 Administrative procedure law, utility law, tort law,
contract law, property law
– International
 Arbitration, contract negotiation and execution under
foreign law, Kyoto Protocol, international trade,
development, and financing activities
Intersection of Several Disciplines
– Law, accounting, economics, engineering, politics
Types of Actions
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Legislation
Administrative Adjudication
Administrative Rulemaking
Negotiation
Mediation
Enforcement
Judicial Review
Forums
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FERC, DOE, CFTC
Congress
State Legislatures
Federal Courts
State Courts
State Utility Commissions
Legal History
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1935:
1938:
1978:
1985:
1992:
Federal Power Act
Natural Gas Act
Public Utility Regulatory Policies Act
FERC Order No. 436
Energy Policy Act of 1992; FERC Order
No. 636
1996: FERC Orders Nos. 888 and 889
1999: FERC Order No. 637
2000: FERC Order No. 2000
2005: Energy Policy Act of 2005
2007: FERC Order No. 890
Different Energy
Perspectives
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FERC
– http://ferc.gov/
DOE
– http://www.energy.gov/
APPA
– http://www.publicpower.org/
EEI
– http://www.eei.org/Pages/default.aspx
CFTC
– www.CFTC.gov
EIA
– http://www.eia.gov
NRECA
– http://www.nreca.coop
Focus on FERC
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Practice Areas
– Electric
– Hydropower
– Natural Gas
– Oil
Electric Regulation
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The FERC regulates wholesale power sales and transmission
service pursuant to Part II of the Federal Power Act which
requires rates to be “just and reasonable”
States regulate retail power sales and distribution service
FERC ordered the “unbundling” of power sales from
transmission service in Order Nos. 888 and 889
FERC created concept of Regional Transmission Organizations
(RTOs) and Independent System Operators (ISOs) to further
break vertical market power of traditional monopolies
Regional Transmission
Organizations
Types of Hydropower
Projects
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Conventional Hydropower Projects
– Energy from falling water in rivers and
streams
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Hydrokinetic
– Energy from wave or direct flow of water
in ocean currents, tides, or inland waters;
no manmade impoundments
Types of FERC
Authorizations for
Hydropower Projects
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Preliminary Permits
Original (or Initial) Licenses
New Licenses
Exemptions
Oil Pipeline Regulation
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Pipeline Rates
– Regulated by FERC under the Interstate
Commerce Act as it stood on October 1, 1977
– Methodology for ratemaking established in
Commission Order No. 154-B
– Subject to substantially less regulation than
electric and natural gas rates
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Market-based rate authority
Annual index-based rate changes
Oil Pipelines (cont’d)
– Types of Clients
Interstate petroleum pipeline owners
 Petroleum refiners
 Airlines
 State Public Service Commissions
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– Other areas of practice
Commodities market regulation
 Pipeline safety
 General environmental law
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Natural Gas Overview
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Production- state regulated. Biggest regions are the
Gulf of Mexico, Texas, Rockies, Marcellus Shale
Transportation via pipelines- regulated by the FERC
if interstate; regulated by state if intrastate,
Hinshaw or § 311
Marketers- contract with interstate or intrastate
pipelines to transport gas to market; customers
include end users and wholesale counterparties;
gas is usually delivered to a Utility
Utilities- Local distribution companies that deliver
gas to the local market; regulated by state
commission
Project Finance
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Types of Clients
– Energy companies
– Banks, lending institutions, underwriters
– Equipment manufacturers
– States, sovereigns, municipalities
– All other players involved in the
development of energy projects
Project Finance (cont’d)
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Representative activities:
– Developing and negotiating project specific
capital structure arrangements
– Manage all legal aspects of the development of a
generation facility as a sponsor’s counsel
– Develop power purchase agreements and sale
arrangements
– Advise on tax-advantaged structure and leasing
– Represent energy companies, lenders or
underwriters in mergers and acquisitions
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Conduct due diligence
Prepare applications for regulatory approval of
transactions
Hot Topics in Energy Law
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Transmission Planning
Renewable Integration
Penalty Guidelines
Smart Grid
Demand Response
Cyber Security
Reliability Standards and NERC Regulation
Tax and Project Development Incentives
CFTC regulation of energy markets
Possible Types of
Regulatory Practice
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Private Practice
Government Agencies
In-house Counsel
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Utilities
Public power
ISOs/RTOs
Marketers
Customers
Reliability Organizations
Energy Company Compliance Officer
Resources for Finding
Energy Law Jobs
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EBA Events
– Young Lawyers Committee Happy Hours
– EBA Mid-Year Meeting
– Meet the Judges Series
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EBA Job Bank
Martindale-Hubbell search for law firms
– Restrict search by “Energy” practice area
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Clerkships and Internships
– FERC Summer Clerkships
– Energy Company Internships
– Firm Summer Associate Opportunities
Questions?