ENERGY BAR ASSOCIATION
ANNUAL REPORT OF
SIXTY-FIRST YEAR
OF OPERATIONS
April 24, 2007
The Energy Bar Association’s sixty-first year of operations has been one of expanded services. It is my sincere pleasure as President of the Association to report on the results of EBA operations since the April 26, 2006 Annual Meeting.
The EBA is dedicated to promoting the professional excellence and ethical integrity of its members as the industry evolves. This year was the first full year of operations following adoption of the 2005 Strategic Plan (Strategic Plan), which emphasizes the successes of the past and reflects a commitment to build on those successes. As the energy industry challenges grow, so too do the number of attorneys and non-attorney professionals in the field and the scope and complexity of the issues they face. Feedback from our members indicates that the EBA is providing valuable assistance to our members in meeting their industry challenges and that the EBA is well positioned to further enhance membership value.
This Annual Report discusses the many noteworthy accomplishments of our leaders and members this past year in implementing the Strategic Plan. Many of those accomplishments continue the traditions of outstanding educational programs by the EBA and its Chapters and Committees, the publication of the Energy Law Journal and four EBA Update newsletters, and financial and service support from EBA members to charitable organizations through the Charitable Foundation of the Energy Bar Association. Other noteworthy accomplishments this year include the completion and publication of a member survey to help define member satisfaction and priorities for enhancing member services (the Survey), the adoption of a policy to further enhance membership value through joint enterprise with other non-profit organizations in the industry, and the posting of all past issues of the Energy Law Journal in text searchable format on the EBA website.
I.PROGRAMS AND SERVICES
A.EBA Educational Programs
The Strategic Plan calls for continued focus on high quality educational programs at the National, Chapter, and Committee levels. The Survey confirms the high value members place on EBA’s educational programs. The Association worked this past year to increase the educational opportunities for its members across the country.
The EBA held its traditional Mid-Year Meeting on November 2, 2006, with its program entitled “Beyond and Within the Beltway: Comparative Treatment of Current Energy Issues,” which the Program Committee designed successfully to expand the focus of discussion beyond Federal issues and to attract attendance from many of our members outside the Washington, D.C. area. The following day, November 3, 2006, many members stayed and attended “FERC 101: A FERC Practice Primer,” which was a program organized by the Young Lawyers and Program Committees. The EBA’s Sixty-First Annual Meeting is to be held on April 25, 2007, with a program entitled “HowNewState and Federal Regulatory Developments Impact Business Decisions in the Energy Industry.”
The Strategic Plan calls for at least one meeting each year by each Chapter, and the members outside of the Washington, D.C. area reinforced in the Survey their desire for more educational opportunities closer to them or with the opportunity to participate via teleconference. The Association responded with more than two dozen conferences and luncheon meetings on significant energy law developments that were organized by Chapters and Committees. Chapter meetings included the following:
•New Orleans Chapter Meeting “Insurance for the Energy Industry in the Wake of Katrina and Rita,” October 11, 2006.
•Southern Chapter Teleconference “Cost Recovery for Catastrophic Losses,” December 7, 2006.
•Sixth Annual Western Chapter Meeting “Building the Energy Infrastructure: New Rules in the Game,” in San Francisco on February 23, 2007.
•Tenth Annual Midwest Energy Conference “Energy Policy in the Midwest – What’s Happening and What Should be Happening?”, in St. Louis on March 7, 2007.
•Houston Chapter Meeting “The Energy Compliance Function,” March 14, 2007, with a second meeting “Perspectives on the Energy Industry and its Regulations,” to be held on May 2, 2007.
•Northeast Chapter Meeting “Looking Forward: The Continued Evolution of Electric Markets and Emerging Trends,” to be held in New York City on May 23, 2007.
Luncheon programs on a variety of energy law topics, most of which provided for telephone participation, included the following Committee and Chapter activities:
•State Commission Practice and Regulation Committee brownbags on September 22, 2006 and February 14, 2007;
•Midwest Chapter brownbag on October 19, 2006;
•Northeast Chapter brownbag on December 6, 2006;
•Electricity Regulation Committee brownbag on December 7, 2006;
•Alternative Dispute Resolution Committee brownbags on December 8, 2006, January 23, 2007, and April 10, 2007;
• Antitrust Committee brownbag, co-sponsored with the ABA’s Fuel and Energy Committee, on December 20, 2006;
•Finance and Transactions Committee brownbag on February 1, 2007;
•Inauguration of the Meet the Judges series by the FERC Practice and Administrative Law Judges and Young Lawyers Committees on February 20, 2007; and
•Nuclear Regulation Committee brownbags on December 13, 2006 and April 17, 2007.
Consistent with the Strategic Plan, the Association through its Chapters, Committees and members identified and took advantage of expanded educational opportunities for its members by co-sponsoring programs with other organizations. This past year, those programs included:
•meetings with the Washington Chapter of the American Association of Blacks in Energy on July 17, 2006 and February 7, 2007;
•meetings with the ABA Section of Environment, Energy and Resources’ Renewable Energy Resource Committee and EBA’s Renewable Energy Committee on May 17, 2006 and September 20, 2006;
•meetings with the American Council of Renewable Energy (ACORE) in collaboration with the ABA Section of Environment, Energy and Resources’ Renewable Energy Resource Committee on October 18, 2006 and November 15, 2006; and
•meeting with ISO New England Inc. on September 25, 2006; Energy Law Journal
For the past 28 years, the Association has published the Energy Law Journal, which has earned a well-deserved reputation as a preeminent energy law periodical. During the past year, under the guidance of Editor-in-Chief Bob Fleishman and Executive Editor Harvey Reiter, the Journal again published two issues featuring significant contributions to legal scholarship. Those publications were made possible by a dedicated editorial board and the critical support and involvement of the Foundation of the Energy Law Journal and the National Energy-Environment Law & Policy Institute of the University of Tulsa College of Law and their student editors.
Also, for the first time, the Journal is now available electronically. Because of the hard work and leadership of the FELJ, all 28 issues are now posted on the EBA’s website, available in full text searchable format.
B.EBA Directory
The Energy Bar Association Directory, published each year, remains a key referral and networking source for EBA members. It lists contact information for all attorneys, non-attorney professionals, and students who are members, indexed both alphabetically and by the law firms, energy companies, and other organizations with which our members are associated. The Directory also contains recognition for the generosity of its members to the Charitable Foundation of the Energy Bar Association and provides a listing of our members who have assumed leadership or Committee positions. For reference, the Directory also includes a copy of theAssociation’s Charter and By-Laws and its Strategic Plan.
C.EBA Update Newsletter
Under the tireless leadership of the EBA’s Secretary Gary Guy, and Assistant Secretary Adrienne Claire, the EBA Update Newsletter continues to expand in content and value. Members confirmed in the Survey that the Newsletter has been extremely well received. The principal intent of the EBA Update is to provide EBA members with timely information on upcoming events, reports on past events, and other interesting features. Contributions of content are welcome.
D.EBA Website
The tasks of maintaining and updating the EBA’s website are perpetual. This year, in addition to posting all current and back issues of the Energy Law Journal, the website was upgraded to include a full calendar of EBA events and blogs organized by two Committees. The Website continues to include taped or transcribed interviews with current and past FERC Commissioners and senior staff and helpful links to content of interest to energy attorneys and non-attorney professionals on legal and public policy matters, an on-line membership directory, a job bank, and information about EBA membership and benefits. Members are encouraged to visit the website periodically at
II.MEMBERSHIP, COMMITTEES AND CHAPTERS
A.EBA Members
The EBA continues to expand its membership, with 2,574 members as of April 18, 2007. This represents a 146 member increase from this time last year. Membership numbers do fluctuate throughout the year, but the growth in membership experienced this past year places the Association ahead of schedule in achieving the Strategic Plan’s goal of 2600 members by 2010.
B.Non-Attorney Professionals
The Association is pleased to include among its members non-attorney professionals in the industry. At present, about 200 non-attorney professionals are members of the Association, many of whom are actively participating in a wide variety of Association programs, committees, and activities.
C.EBA Committees
The following is a list of 18 general committees that all members may join:
Alternative Dispute Resolution / Natural Gas RegulationAntitrust / Nuclear Regulation
Electricity Regulation / Oil Pipeline Regulation
Environmental Protection & Regulation / Power Generation & Marketing
FERC Practice & Administrative Law Judges / Programs and Meetings
Finance and Transactions / Renewable Energy
Hydroelectric Regulation
International Projects & Transactions / State Commission Practice &
Regulation
Judicial Review / Young Lawyers
Legislation
Membership on committees provides a great networking opportunity, serves as a public recognition of a each participating member’s interest and focus in the broad energy field, promotes professional and educational goals, and shows a member’s willingness to serve the Association. The Committees have hosted a variety of programs, as previously noted, have contributed to the development of EBA programs, and have authored committee reports for publication in the Energy Law Journal. We encourage our members to join and participate in these committee endeavors.
D.Chapters
The EBA has six Chapters—Houston, New Orleans, Midwest, Northeast, Southern, and Western. Membership in each Chapter is open to each interested EBA member regardless of his or her geographic location, and members can join more than one Chapter if they wish. Leaders for these Chapters are elected by Chapter members.
The Houston Chapter under the leadership of Jason Lief has made huge strides this past year to expand its membership and leadership. The Chapter proposed and the EBA approved the expansion of the Houston Chapter’s Board of Directors, and the Chapter has held a number of well-attended luncheon meetings, including the programs identified above.
Remarkably, notwithstanding the huge efforts required to recover and rebuild from Hurricanes Katrina and Rita, the New Orleans Chapter, through determination and dedication with Stacy Brown as its President, has continued to serve its members. It succeeded in reorganizing last March, put on a program in October, and identified and presented just last month a sizable grant from the Charitable Foundation to the New Orleans Habitat for Humanity. The Association is looking to expand leadership and involvement of members in this Chapter, which is well positioned for outstanding services to this growing Chapter.
The Midwest Chapter, our first regional Chapter which is now 10 years old, includes the states of Iowa, Illinois, Indiana, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, and Wisconsin. The Midwest Chapter, with David Hennen serving as its President, held its annual conference and business meeting in St. Louis on March 7, with a well-attended reception the evening before. It also held one brownbag on October 19, 2006 to discuss the Midwest ISO Energy Markets and Open Access Transmission.
The Northeast Chapter, the youngest of the regional Chapters, encompasses Connecticut, the District of Columbia, Delaware, Massachusetts, Maryland, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. The Chapter co-sponsored a well-attended conference with ISO New England in September, sponsored a brownbag lunch in Washington, DC following the November elections to discuss the implications of those elections for the industry, and is finalizing plans for its next annual conference and meeting in New York City on May 23. Doreen Saia has served as the President for this past year, with Marji Phillips the President-Elect.
The Southern Chapter includes Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana (except the New Orleans area), Mississippi, North Carolina, South Carolina, Tennessee, Texas (except the Houston area), Virginia, and West Virginia. The Southern Chapter held a teleconference meeting on December 7, 2006. Its President is Susan Riggs.
The Western Chapter embraces not only the states of Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming, but also the Canadian provinces of Alberta and British Columbia and the Mexican states of Baja California and Sonora. The Western Chapter, with Bruce Webster at its helm and David Huard ready to take over as next year’s President, held its sixth annual meeting in San Francisco on February 23, 2007. It was preceded by a reception for the benefit of the Charitable Foundation of the Energy Bar Association, which was sponsored by numerous firms in the West and included a wine raffle.
III.STRATEGIC PLAN AND MEMBER SURVEY
This was the first full year of operations with the 2005 Strategic Plan in place. That Strategic Plan is designed to build on the Association’s past record of success and enhance our programs and services.
A major initiative of the Strategic Plan was to carefully assess members’ views about their Association and suggestions for enhancing services to members. This initiative was recently completed with the circulation and publication of results of on-line and telephone survey of members that was conducted with the help of BTI Consulting, which has particular experience and expertise in the area of member surveys. The survey results have recently been posted and the Boards of all three organizations are working to address those results.
In response to another key initiative in the Strategic Plan, the Board recently approved a policy statement to guide the Association in identifying other organizations with which the EBA can collaborate in order to enhance value to its members. Consistent with that statement, a number of members have been identified to assist as liaisons to other organizations that conduct activities that are consistent with the Association’s mission of promoting the professional excellence and ethical integrity of its members in the practice, administration, and development of energy laws, regulations, and policies.
Continued progress on the Strategic Plan is evident in virtually all activities of the EBA. The EBA and its sister organizations are working more closely together, with joint meetings among the Boards, as are leaders of the Chapters who have met together a number of times this past year, either in person or by phone. The Association remains dedicated to expanding quality educational opportunities for its members across the country and to maintaining the highest quality publications of material of interest to members.
IV.EBA PRO BONO PROGRAM
The EBA’s fledgling Pro Bono Program has made progress in laying the foundation for the voluntary provision by EBA members of free legal services requiring energy law expertise. Such pro bono services would be limited to opportunities to advance humanitarian and charitable causes for clients that cannot otherwise afford such services, and would provide EBA members with opportunities for professional development. The Pro Bono Program is being designed specifically to avoid conflicts between EBA members. This past year, necessary forms and policies were developed and a pilot pro bono assignment has been identified, subject to additional due diligence.
Given this progress on the Pro Bono Program, the EBA Board has extended the Program through 2009. Further information about the EBA’s Pro Bono Program is available on the EBA’s website at
V. CHARITABLE FOUNDATION OF THE ENERGY BAR ASSOCIATION
The mission of the CFEBA is “to engage in charitable activities, including the support of worthwhile energy-related projects, as well as other community service projects through financial contributions and volunteer services provided by the Foundation, members of the Association, and others.” The CFEBA continues after five years to be active and successful. It has awarded over $120,000 in grants since last May to thirteen worthwhile energy-related causes..