2016, Q1 Max Minzner, FERC General Counsel, Describes Challenges He Joins Agency for a Second Time, Both at Cover Story - FERC General Counsel Interview 1 Behest of Norman Bay President’s Message 2 Gary Guy & David Martin Connelly From the Recently installed Federal Energy Executive Director 4 Regulatory Commission General Counsel Max Minzner generously granted an FELJ News 5 interview on the afternoon of a busy day - that of the Commission’s February Excerpts from monthly meeting -- to your faithful Past ELJ Issues 6 interrogators Gary Guy and David Martin Max Minzner, FERC General Counsel Connelly (aka “Paul Duke and Ron CFEBA Updates 7 Nessen”). Here is a brief recap. BAY AND MINZNER – FROM NEW Tribute to Judge MEXICO AND BEYOND international drug and kidnapping, Richard D. Cudahy 9 While still relatively new to his current and major corporate fraud cases, position, Mr. Minzner was at the FERC in was in private practice, and was a EBA Committees 10 2009 and 2010, when he served as law clerk for United States Court of Special Counsel to then-Director of the Appeals for the Ninth Circuit Judge EBA Chapter Updates 12 Office of Enforcement, and now Pamela Rymer.) “I certainly feel Chairman, Norman C. Bay. He rejoined lucky that I have gotten to work with EBA Upcoming Events 16 the Commission in June 2015 as an Norman in a lot of different contexts,” advisor to Chairman Bay and then was he tells us. Of his return to the elevated to General Counsel in FERC after five years, he states, “It’s September. He and the good Chairman a tremendous opportunity. It’s a go back almost 20 years together at the wonderful office.” In particular, he United States Attorney’s Office for the relishes the high quality of the Staff District of New Mexico. (He also was an in OGC. “I am consistently Assistant United States Attorney for the impressed by the quality of the work Eastern District of New York prosecuting they do.” For that reason, he looks homicide-for-hire, crime family, Minzner, conƟnued on page 8 EBA Update 2016, Q1 1 President’s Message Richard Meyer, EBA President EBA is All About You! The Energy Bar Association is about the law student, the business student, the energy professional, the expert witness, the state or federal energy regulator, the consumer advocate, the environmental activist, the investor owned utility lawyer, the independent generator analyst, the regulated industries professor, the energy trade association lawyer, and the law firm attorney. It is about alternate dispute resolution, competition and antitrust, compliance and enforcement, demand-side resources and smart grid, electricity regulation, environmental regulation, FERC practice and administrative law judges, finance and transactions, international energy law and transactions, judicial review, legislation, natural gas regulation, nuclear regulation, oil and liquids pipeline regulation, power generation and marketing, professional development, education and ethics, programs and meetings, renewable energy, state commission practice and regulation, system reliability and planning, young lawyers and other professionals. Little doubt that you and your professional involvements are reflected here. Richard Meyer, EBA President Be the EBA Ambassador we know you can be, so that EBA can be all that it can be for you. If you have not already done so, please recruit at least one new EBA member during the next several weeks. Make a specific point of doing so. We have been going through law firm profiles and there are many attorneys holding themselves out as energy law practitioners who are not yet members. Many are in your firms. Please actively encourage them to join. And don’t forget to renew your own membership lest you inadvertently miss out on valuable educational and networking opportunities. We still have big inroads to make in the large community of energy professionals. Virtually all of energy law is based on economics, engineering and finance. Energy professionals in these disciplines have much to offer the association as members, yet many have not yet joined. Please spread the word and actively recruit them. The association will be stronger with a larger segment of these professionals actively involved. As mentioned many times before, EBA is not for lawyers alone. Energy professionals and lawyers stand on equal footing within EBA. A formal member assessment survey has been initiated to better serve all EBA members. Initial sampling of members has begun. All members will have an explicit invitation prior to the annual meeting to provide input and ideas. We want to hear from you. This is an opportunity for you to help shape EBA to ensure that EBA best serves your needs. Energy law education is a primary EBA mission. With the Energy Law Journal’s publication of the report of EBA’s Ad Hoc Committee on Energy Law Education, EBA now stands at the cutting edge of the future of how energy law is taught in the United States and elsewhere. To maintain the momentum initiated by this report, a new EBA Task Force is examining implementation of the report’s recommendations. EBA Vice President Bob Weishaar has agreed to chair this effort. As Bob will be in key EBA leadership roles for the foreseeable future, I am confident the report will attain sufficient momentum to secure concrete results. I also note that a panel will likely discuss the report at this June’s annual meeting. We want to make sure that those entering the energy profession have the best possible grounding in energy law. To better harness the experience and judgment of past EBA presidents, there is a new EBA Presidents Advisory Council. The council will serve as an organized resource of experience for sitting EBA presidents who, EBA Update 2016, Q1 2 in their discretion, may seek the council’s advice from time to time. Former EBA presidents Dave D’Alessandro and Rich Bonnifield have graciously agreed to serve as the council’s initial chair and vice chair. Thank you gentlemen. There will be many EBA Energizers, chapter events and other education and networking opportunities leading up to our annual meeting this June. These valuable opportunities are organized by you, for you, and we look forward to seeing you at these events, including at the Charitable Foundation’s gala to be held in conjunction with the annual meeting. There is much work to do right now for the annual meeting. I’m now begun initial efforts to turn over the reins to President-Elect Emma Hand in June. It’s similarly not too early for you to be actively thinking about the future role About EBA you may want to have within EBA’s many committees, the Charitable Foundation, and the Foundation of the Energy Law Journal. Opportunities The Energy Bar Association abound for you. That’s because EBA is all about you! (EBA) is an international, non- profit association of attorneys, non-attorney professionals, and students active in all areas of energy law. The EBA promotes the professional excellence and ethical integrity of its members in the practice, administration, and development of energy laws, Richard Meyer regulations and policies. The EBA EBA President provides superior educational programming, networking opportunities, and information resources to its members. It has over 2,000 members throughout the United States with regional chapters located in Houston, New Orleans, the Midwest, Southern, Western, Northeast and Rocky Mountain regions. Energy Bar Association 2000 M Street NW, Suite 715 Washington, DC 20036 Tel: (202) 223-5625 Email: [email protected] www.eba-net.org © 2016 Energy Bar Association EBA Update 2016, Q1 3 From the Executive Director EBA Brings You More… and Wants to Know What More You Want! Lisa A. Levine, CAE The first quarter of 2016 has been one of the busiest for the Energy Bar Association and our membership – “Why” you might ask? It is because EBA has been working hard to bring the membership more of what it wants. More CLE Offerings? – “Yes please!” EBA presents approximately one CLE program a week. Program topics range from “Informing Investors of Climate Risks” to “Defining Federal and State Regulation of Today’s Electric Grid” and provide you with anywhere from one hour Lisa A. Levine of CLE up to a full day of credit. EBA Committees, Councils and Chapters organize these outstanding programs to meet your ongoing educational needs. Don’t miss a program, visit our online calendar often: www.eba-net.org/calendar On-Demand Programs– Last year, under the leadership of Jason Leif, EBA Immediate Past President, we embarked on a partnership with WestLaw to provide members with outstanding energy educational offerings delivered to their desktop. We had no idea how much you would love On-Demand programming! Members and non-members have been downloading and enjoying our growing library of courses, many include CLE hours. EBA is adding programs monthly and if you haven’t visited the library, please do so. You will find it easy to download programs to your computer and personal devices. EBA On-Demand… allowing you to learn while you commute! www.eba-net.org/on-demand Regional programming and networking events – EBA’s seven regional chapters plan a variety of educational and networking events to bring you together with your local colleagues. If you would like to host an event or program in your town, please contact your chapter president or the EBA office for assistance. University “Road Shows” - Did you know the EBA Young Lawyers Council works directly with chapters and universities to bring an energy law “Road Show” to law students nationwide? This is a great opportunity to share the benefits of a career in energy law with first and second year law students.