Scope: The Alternative Dispute Resolution and Consensus-Building Committee provides a forum for the exchange of ideas and topics on wide-ranging process tools to resolve energy disputes at the state, national, and international levels proactively and in lieu of litigation, or at appropriate junctures in litigation, via mediation, arbitration, facilitation and the like, to manage and effect sound energy and environmental related decisions and outcomes that meet the business interests of all stakeholders. Alternative dispute resolution and consensus-building tools have universal application for dispute resolution specialists, technical experts, lawyers in a mediation advocacy role, arbitrators, government officials, and others invested in creative and non-litigious energy-related problem-solving across a variety of decision-making forums and jurisdictional settings.
Scope: The Compliance and Enforcement Committee is the Association's focal point for developments in civil and criminal enforcement, competition and antitrust, and compliance activities in the energy industry (electricity, hydro, natural gas, crude oil, and petroleum products) at the Federal Energy Regulatory Commission ("FERC"), Commodity Futures Trading Commission ("CFTC"), Federal Trade Commission ("FTC"), Department of Justice ("DOJ"), Department of Energy ("DOE"), Pipeline and Hazardous Materials Safety Administration ("PHMSA"), and other federal agencies and in the courts and Congress.
Scope: The Electricity Committee provides a forum for the exchange of ideas concerning all aspects of electricity regulation and industry developments including traditional rate regulation, deregulation, competition policy, and other means of industry regulation, at the federal and state levels. The Committee will coordinate with the Subcommittees listed below to ensure comprehensive coverage of timely and relevant topics, while minimizing or avoiding overlap.
Scope: The Demand-Side Resources and Smart Grid Committee seeks to keep the Association informed of Smart Grid legislative and regulatory developments at the state and federal level, as well as developments in the area of demand-side management, including demand response, energy efficiency, and distributed generation.
Scope: The Nuclear Regulation Subcommittee provides a forum for interested EBA members to share information and perspectives on issues related to nuclear energy, including the development and licensing of new nuclear power projects, financing and incentives for such projects, import/export controls, nuclear generation regulation by the Nuclear Regulatory Commission ("NRC"), and transmission siting and reliability issues unique to nuclear generation facilities.
Scope: The Power Generation and Marketing (“PG&M”) Subcommittee focuses on the statutes, regulatory activity, and judicial decisions most relevant to the generation of electric power and the trading of the physical commodities and financial products relevant to electricity markets. The PG&M Subcommittee primarily covers developments that specifically concern power marketing, generator operations, and the participation of generation assets in electricity markets. Developments that are broadly applicable to the electricity markets, e.g., wholesale market rules that impact generation assets without specifically targeting those assets, are covered by the Electricity Committee, not the PG&M Subcommittee. The PG&M Subcommittee does not focus on any specific generation resource, technology, trading product, or market mechanism to the exclusion of others. For instance, the PG&M Subcommittee does not cover developments that concern only renewable energy generators, as those developments are more appropriately covered by the Renewable Energy Subcommittee.
Scope: The Renewable Energy Subcommittee is a forum for members of the Energy Bar Association to discuss developments, exchange ideas, and promote improved regulation in the broad areas of domestic and international renewable energy, including hydroelectric, solar, wind, geothermal, biomass, bioenergy, cogeneration, fuel cells, landfill gas, hydrogen, waste-to-energy, and other renewables.
The charter of the Energy Professionals Council (EPC) consists of these elements:
First, the members of the EPC will provide an organized forum for EPs to promote increased collaboration among EPs and enhance EP participation in EBA programs. The EPC will promote such interactions to benefit Energy Attorneys (EAs), EPs, and the constituencies they serve.
Second, members of the EPC will promote the partnership between EPs and EAs, as both need to understand the legal, financial, market and technology changes taking place in the energy field markets to better serve their clients.
Through active participation in the EBA, EPs will understand better the situations in which legal advice is necessary to resolve matters before FERC, state commissions and the courts. Through their EBA contacts, EPs will also be able to bring the right attorneys to their client assignments, so that EAs can derive additional value from their EBA membership.
In addition, with more EPs in the EBA, EAs will be more aware of, and have appreciation for, EP perspectives. This will benefit EAs by connecting them with EPs they can utilize as expert witnesses; to serve as market/financial advisors; and for consulting assignments, negotiations and more as their clients require. The EPC will promote this complementarity of interests through increasing EP engagement with EAs to enhance the value that all EBA members derive from their membership in the organization.
Third, the EPC will conduct outreach to engage more EPs in the EBA. The EPC will work to bring in more EP perspectives, and to grow the ranks of the EPs in the EBA.
Scope: The Environmental Regulation Committee informs leadership and members of major developments in federal and state law and policy affecting the use and regulation of air, land and water resources. The Committee is particularly focused on the effect such developments may have on the energy industry, including their impact on existing and planned energy infrastructure.
Scope: The FERC Practice Committee seeks to provide an informative service and guidance to the Association by advising its leadership, other committees, and members of: (i) developments related to FERC’s staffing, structure, budget, and organization; (ii) practice, procedures, rules, or regulations related to proceedings before the FERC; and (iii) significant judicial decisions on appeals of FERC orders. The Committee may also serve as a liaison between the Association and the FERC Commissioners, senior staff, Office of General Counsel, and Office of Administrative Law Judges and Dispute Resolution regarding programming on FERC and appellate practice and procedural issues. In coordination with other Association Committees that address specific areas of energy law, the Committee will submit an annual report to the Energy Law Journal summarizing significant FERC orders affecting FERC practice and procedure and significant judicial decisions on appeals of FERC orders.
Scope: The Committee seeks to provide an informational service and point of contact for the Association’s members on legal and regulatory issues concerning mergers, acquisitions and divestitures; securities matters, in connection with energy investment, holding company and affiliation issues; industry tax issues; and corporate, public, project and other finance and restructuring issues.
The In-House Counsel Council (ICC) is a platform through which in-house counsel work to serve the common interests of this group on an ongoing basis. For example, the ICC could consider putting on programming that would specifically appeal to in-house counsel, including perhaps a stand-alone program outside of DC; it could consider creating a database of resources that in-house counsel would find useful; it could host networking events for in-house counsel to network with one another, FERC staff and other energy professionals.
Scope: The International Energy Law & Transactions Committee is the Association’s forum for members to discuss and exchange ideas on global energy issues and developments. The Committee’s goal is to provide a forum for domestic and international attorneys, policymakers, consultants and others to explore such topics as global energy security, international trends in energy and natural resource industries, international greenhouse gas credit trading and climate change, cross-border energy and natural resources issues, and other international energy issues.
The Joint Enterprise Committee of the EBA’s Board of Directors was established by EBA Past President David Doot to advance the following goals that were established in the EBA’s 2005 Strategic Plan:
Alliances - Partnering opportunities increase value to EBA members while minimizing organizational burden.
1. Build and expand relationships with other industry organizations or bar
associations and pursue, as appropriate, collaboration and partnering
2. Provide Board guidance on attributes of acceptable co-sponsorship opportunities.
Scope: The Legislative Practice Committee seeks to keep the membership apprised, through reports and other papers, of important developments in the federal and state legislatures on energy-related issues and practice issues confronting federal and state government relations managers and specialists.
• Engaging in the mentor/mentee program as a resource to members of
• the Young Lawyers Council and others
• Serving as a resource to EBA members who are undergoing career transitions and want advice and feedback, provided in confidence, about potential career options
• Serving as a resource to the Professional Education Council, particularly as concerns leveraging contacts and relationships to attract influential keynote speakers and panelists
• Serving as ambassadors for the EBA in the energy industry and legal
Charter: The Membership Committee is a mix of energy attorneys, non-attorney professionals, consultants, and government members who serve as the developers of membership and renewal campaigns, new members welcomes and as a resource and sounding board to EBA’s membership staff. This includes projects gathering member perspectives, reviewing materials and approaches developed EBA staff, and personally engaging current and potential members of EBA. The committee is geographical and subject-matter diverse and engaging with the committee is often the first exposure a potential or new member has with EBA.
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