Regulatory 101

1. Regulatory Commissions – FERC vs. States:  Organization, Jurisdiction, and More  (1-2pm)

• Panel Overview:   Discussion will address how FERC and state PUCs are organized, and how they operate, including scope of their respective jurisdiction over various industries and activities, and an overview of what functions they regulate.   In addition, panelists will discuss how FERC and state PUC commissioners are appointed, the length of their terms, and any limitations on political party affiliation, among other things.  Finally, policy development is a key component of any agency.  Hear from agency experts regarding the how policy initiatives are developed and pursued, including the role of FERC’s Office of Energy Policy and Innovation in the Commission’s policymaking activities.

• Moderator:  Jonathan Namazi  (Attorney-Advisor, FERC OGC)

• Speakers
  • FERC:  Matthew Christiansen (Legal Advisor, Commissioner Glick)
  • FERC:  Lawrence Greenfield (Associate General Counsel, Energy Markets-1, FERC Office of the General Counsel)
  • FERC:  Eric Ciccoretti  (Attorney-Advisor, FERC Office of Energy Policy and Innovation)

• State PUC expert:   H. Russell Frisby, Jr.  (Partner, Stinson LLP)
• State PUC expert:  Brian Cragg  (Partner, Goodin, MacBride, Squeri & Day LLP)
• State PUC expert:  Holly Rachel Smith  (Director, Market and Compliance – Texas Retail Energy/Power4All LTD)

2. Avenues for Agency Action at the State & Federal Levels, and Opportunities for Public Engagement  (2-3pm)

• Panel Overview:   Discussion will focus on the various formal and informal avenues for agency action at the FERC and state PUC levels, including through rulemaking and adjudicatory proceedings, and the most common types of filings and proceedings before these agencies.  Participants will gain an understanding of the agency rulemaking process, and the role of industry stakeholders (e.g., state agencies, consumer’s counsel/advocates, industry groups, citizens coalitions, others) in agency proceedings.  Discussion also will cover the rehearing process at FERC and at state PUCs, as well as the orientation and approach of FERC Trial Staff to dispute resolution and thoughts about effective ways to work with Trial Staff to achieve settlements efficiently.

• Moderator:  Traci Bone  (Attorney for the Public Advocates Office, California Public Utilities Commission)

• Speakers
  • FERC:  Mindi Sauter  (Legal Advisor, Commissioner Chatterjee)
  • FERC:  John Kroeger  (Director, FERC Office of Administrative Litigation)
  • FERC:  Holly Cafer (Associate General Counsel, FERC Office of the General Counsel)

• State PUC expert:  Spencer Sattler (Assistant Attorney General, State of Michigan; Michigan Public Service Commission)
• State PUC expert:   Brian R. Greene (Managing Member, GreeneHurlocker, PLC)

3. Meetings with Commissioners & Staff; Ex Parte Rules; Other Ethical considerations  (3-4pm)

• Panel Overview:   Discussion will focus on what is a prohibited off-the-record communication between a FERC employee or official, and members of the public, and how to avoid such communications.  This includes discussion of relevant ex parte rules in place at FERC.  In addition, speakers will discuss the role and importance of pre-filing meetings with industry, as well as what staff and the Commissioners find helpful in meetings with the energy industry, and what may be counter-productive.

• Moderator:  Jon Trotta  (Partner, Stinson LLP)

• Speakers:
  • FERC:  Charles Beamon  (Designated Agency Ethics Official and Associate General Counsel, General and Administrative Law, FERC Office of the General Counsel)
  • State PUC expert:  Linda L. Randell (Attorney and Consultant)
  • FERC:  Matthew Estes  (Senior Legal Advisor, Chairman Danly) 

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