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Registration: 8:00 - 8:30 am
Morning Session: 8:30 am - 12:15 pm
Lunch (On your own): 12:15 - 1:15 pm
Afternoon Session: 1:15 - 4:00 pm
Pennsylvania Public Utility Commission (PUC) J. Nase
Practice and Procedure
PUC procedures – hearings before administrative law judges
and review by the Commission
Formal complaints, applications, rate cases and formal investigations
Settlements and mediation
Informal complaints and informal investigations
Damage prevention committee
PA PUC and FERC Jurisdiction Over Electric Public Utility Service: S. Bruce/
Overview and Current Issues K. Stark / M. Garber
Introduction: jurisdiction between states and FERC
Federalism/tension between FERC and the states
• Impact of state policy preferences for certain generation resources
on federal regulation of the wholesale energy/capacity markets
• Supplemental projects
• Classifying a facility as distribution or transmission
Current issues in transmission planning
• Cost allocation
• Order no. 1000 and competition
Alternative/renewable energy in PA – AEPS Act
Issues outside PUC/FERC jurisdiction
• Carbon pricing and environmental regulation
• Electric vehicles/PUC policy statement
Alternative Ratemaking at the PUC D. Ryan
Events leading up to passage of alternative ratemaking legislation in PA
Alternative rates and rate mechanisms
• Decoupling mechanisms
• Performance-based rates
• Formula rates
• Multiyear rate plans
PA PUC Final Policy Statement Order
Impact on traditional ratemaking for utilities
Impact on utilities’ energy efficiency and conservation (EE&C)
and distributed generation efforts
Environmental and Local Permitting Process T. Macfarlan
for Energy Generation Projects
Local zoning and land development requirements
Wetland/stream crossing permits
Threatened and endangered species protections
Historic/cultural resources review
National Pollutant Discharge Elimination System (NPDES) E. McCaulley
Construction Storm Water Permitting and On-line Permitting Process
NPDES program overview
Construction stormwater permit requirements
• Changes to PAG-02 permitting
Construction stormwater compliance and enforcement
Requesting authorization on-line
Susan E. Bruce
Susan E. Bruce, a member at McNees Wallace & Nurick, LLC, has a broad-based regulatory and transactional energy practice, primarily focused on representing commercial, institutional, industrial, and municipal customers in electric and natural gas matters. She regularly advises clients on energy and natural gas supply options, including assisting with requests for proposals, and negotiating retail and wholesale energy contracts as well as demand response contracts, creating energy services affiliates, and developing on-site generation, including combined heat and power (CHP) energy projects. Ms. Bruce’s practice also involves advising clients on matters involving renewable energy.
Matthew Garber, an associate at McNees Wallace & Nurick, LLC, represents business and municipal clients in utility-related contract negotiations and energy litigation. He focuses on achieving cost savings for clients in regards to their electric, natural gas, and water/wastewater utility services. Mr. Garber also represents large industrial and commercial entities before state and federal administrative agencies, and advocates for clients on policy matters before the Pennsylvania Public Utility Commission.
Tad J. Macfarlan
Associate at K&L Gates LLP
Mr. Macfarlan is an associate in the firm’s environment, land and natural resources practice group. He counsels energy, industrial, utility and commercial sector clients on compliance with federal, state and local environmental and land use laws. He works with regulatory regimes governing wastewater and stormwater discharges, wetland and stream protection, air emissions, solid and hazardous waste management, water withdrawals, chemical and toxic substance controls, release reporting and response, and preservation of endangered species, cultural resources and historic properties.
Errin T. McCaulley, Jr.
Errin T. McCaulley, Jr., is an associate in McNees Wallace & Nurick’s Harrisburg office focusing on environmental, health, and safety (“EH&S”) compliance. In addition to assisting commercial and industrial interests with EH&S, a large part of his practice includes aiding real estate developers throughout the various stages of development, including compliance with erosion, sedimentation, and stormwater regulations. On this front, Mr. McCaulley regularly consults with developers concerning the NPDES permitting process and advises regarding impending changes to Pennsylvania and federal law.
Jonathan Nase is a member in the Harrisburg Office of Cozen O’Connor P.C., where his practice focuses on public utility law and administrative law. He has experience representing utilities, municipalities and municipal authorities in rate cases, mergers and acquisitions, energy efficiency and conservation proceedings, formal complaints and other matters. Before joining Cozen O’Connor, Mr. Nase worked for the Pennsylvania Public Utility Commission, including eight years as the Deputy Director – Legal of the Office of Special Assistants.
Devin T. Ryan
Devin T. Ryan is an associate in Post & Schell P.C.’s Energy and Utilities Practice Group. He represents electric, natural gas, water, and transportation network companies in a variety of proceedings before the Pennsylvania Public Utility Commission, including base rate proceedings, rulemaking proceedings, customer complaint proceedings, energy efficiency and conservation plan proceedings, application proceedings initiated under Section 1102 of the Public Utility Code, and purchased gas cost cases. Mr. Ryan has also practiced before the Commonwealth Court of Pennsylvania and the Federal Energy Regulatory Commission concerning energy and public utility-related matters.
Kenneth R. Stark
Kenneth R. Stark is an associate in McNees Wallace & Nurick LLC’s Energy and Environmental Law practice group. His practice focuses on representation of consumer-oriented interests in state and federal regulatory proceedings, and appellate court proceedings, involving electricity, natural gas, and oil pipeline issues. He regularly represents and advises clients on various transmission issues under the jurisdiction of the Federal Energy Regulatory Commission. Mr. Stark also represents and advises clients regarding alternative/renewable energy and transportation issues under the jurisdiction of the Pennsylvania Public Utility Commission. Prior to joining McNees, he served as an assistant counsel in the Pennsylvania Public Utility Commission’s Law Bureau.