University of Texas School of Law
14th Annual
Gas and Power Institute
Houston Sep 10-11, 2015 Royal Sonesta Hotel Houston
Conference Concluded
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PRESENTED BY
The University of Texas School of Law
The Oil, Gas and Energy Resources Law Section of the State Bar of Texas (OGERL)
The Energy Bar Association


RECEPTION SPONSOR
Reed Smith LLP

SPONSORS
Enoch Kever PLLC
Haynes and Boone, LLP
Husch Blackwell LLP
Jackson Walker L.L.P.
Locke Lord LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Sutherland, Asbill & Brennan LLP

UT Law CLE

2015 Gas and Power Institute

Program Features
The 14th Annual Gas and Power Institute features timely topics relevant to the gas and power industry in light of the changing landscape of rules, regulation, legislation and environmental requirements, offers essential information on the latest industry and market climate, and provides a must-have set of materials and resources.
 
2015 Institute highlights:
  • Review of recent developments in the regulation of intrastate pipelines by the Texas Railroad Commission from James H. Barkley, Baker Botts, Houston, TX
  • Kenneth Culotta, King & Spalding LLP, Houston, TX, moderates the Mexico Update panel–learn about updates regarding the Mexican energy reforms, with a focus on the status of reforms in the midstream gas sector
  • Analyze the developments with the Clean Air Act and the practical and legal difficulties they create for both the regulated community and the regulators
  • Randall Rich, Pierce Atwood LLP, Washington, DC, highlights key federal agency action on energy issues in the 2015 Federal Regulatory Update
  • Examine the rules, restrictions and reporting obligations that apply to the export of LNG, crude oil, condensate and refined products with Jacob (Jake) Dweck, Sutherland, Asbill & Brennan LLP, Washington DC, JoAnn P. Marcell, Enterprise Products Partners L.P., Houston, TX, and Steven A. Porter, U.S. Department of Energy, Office of the Assistant General Counsel for Electricity & Fossil Energy, Washington, DC
  • Chris Reeder, Husch Blackwell LLP, Austin, TX, reviews important legislative developments, case precedent and regulatory decisions that affect the Texas gas and electric industries
  • Hear former PHMSA Administrator, Cynthia Quarterman’s view of recent and upcoming changes to gas transportation regulations and laws
  • Interact and network with program faculty and attendees during Thursday Evening’s Networking Reception
The Institute is presented with The Oil, Gas and Energy Resources Law Section of the State Bar of Texas and The Energy Bar Association.

UT Law CLE

2015 Gas and Power Institute

4/24/19
Schedule

Thursday Morning, Sep. 10, 2015

Presiding Officer:
Kathleen E. Magruder, BP Energy Company - Houston, TX

7:30 am
Registration Opens

Includes continental breakfast. 

8:20 am
Welcoming Remarks

8:30 am

0.50 hr

Federal Regulatory Update

We have a saying in the energy bar—“FERC Provides”— and this also applies to the activities of the Department of Energy, the Department of the Interior and other federal agencies with regulatory authority over energy issues. The highlights of key federal agency action on energy issues in 2015. 

Randall S. Rich, Pierce Atwood LLP - Washington, DC

9:00 am

0.50 hr

Legislative and Case Law Update

Review important legislative developments, case precedent, and regulatory decisions affecting the Texas gas and electric industries during the past year. 

Chris Reeder, Husch Blackwell LLP - Austin, TX

9:30 am

0.75 hr

Passports out of America: Regulation of Oil, Gas and Condensate Exports

The U.S. shale revolution has created huge commercial opportunities for the export of LNG, crude oil, condensate and refined products, but such exports are subject to limitations and requirements under multiple legal regimes administered by various federal agencies, including DOE, FERC, BIS, US Census, CBP and DOI. Examine the rules, restrictions and reporting obligations that apply to the export of these commodities and other open issues in this fast-evolving arena.  

Moderator:
Jacob (Jake) Dweck, Sutherland, Asbill & Brennan LLP - Washington, DC and Houston, TX
Panelist:
Steven A. Porter, U.S. Department of Energy, Office of the Assistant General Counsel for Electricity & Fossil Energy - Washington, DC
Shelley Wong, Sutherland Asbill & Brennan LLP - Washington, DC

10:15 am
Break

10:30 am

0.50 hr

Energy Futures Regulation

Discussion on Exchange traded regulations and compliance concerns.

Anthony M. Mansfield, Cadwalader, Wickersham & Taft LLP - Washington, DC

11:00 am

1.25 hrs

Mexico Update

Building on last year’s discussion, Mexico: The New Frontier, learn about updates regarding the Mexican energy reforms, with a focus on the status of reforms in the midstream gas sector including cross-border pipelines and LNG; the implementation of the new Electric Industry Law; and the progress of the opening of exploration and development of oil and gas.

Moderator:
Kenneth S. Culotta, King & Spalding LLP - Houston, TX
Panelists:
Brian Bradshaw, Morgan, Lewis & Bockius LLP - Houston, TX
Ricardo Colmenter, ENTRA Consulting - Houston, TX
José L. Valera, Mayer Brown - Houston, TX

12:15 pm
Pick Up Lunch

Included in registration.

Thursday Afternoon, Sep. 10, 2015

Presiding Officer:
Kaiser Malik, Calpine Corporation - Houston, TX

Luncheon Presentation

12:35 pm

0.50 hr ethics

Current Issues in Ethics: An Update

Ana Christina Ward, Attorney at Law - Austin, TX

 
1:05 pm
Break

1:20 pm

0.50 hr

Energy Trading: Quick Dodd-Frank Update

An update on the most recent regulatory issuances implementing the Dodd-Frank Act and recent enforcement proceedings before the CFTC.

Phillip G. Lookadoo, Haynes and Boone, LLP - Washington, DC

1:50 pm

0.75 hr

Energy Trading Panel Discussion

Learn about the potential impacts on energy trading and market liquidity of pending implementation issues, including margin rules for uncleared swaps, position limits, and hedging exemption availability; trade options and embedded volumetric optionality in forward contracts; potential impacts of ISDA Resolution Stay Protocol with G-SIFI (major) banks; enforcement proceedings, record-keeping and surveillance requirements; and who’s leaving, who’s staying, and who’s entering the energy trading markets.

Moderator:
Phillip G. Lookadoo, Haynes and Boone, LLP - Washington, DC
Panelists:
Stephen L. Corso, Haynes and Boone, LLP - Houston, TX
Jerry Jeske, Mercuria Energy - Houston, TX
Ronald S. Oppenheimer, Vitol Inc. - Houston, TX

2:35 pm

0.75 hr

LNG Updates

Discussion on Sale Purchase Agreement (SPA) provisions that are subject to dispute, the dispute resolution provisions common in SPAs, and current litigation in the LNG space. Review how the U.S. courts handled the take-or-pay cases in the 1980s-1990s and discussion on how those cases may provide insight into how a court will deal with LNG price re-determination disputes.

Brian Boyle, Norton Rose Fulbright - Houston, TX
Lauren Varnado, Norton Rose Fulbright - Houston, TX

3:20 pm
Break

3:30 pm

0.75 hr

Managing Financial Distress and Bankruptcy Consequences from a Midstream Perspective

A lively discussion of the financial risks currently affecting midstream participants in the gas and power sector and insights on how to manage such risks from the standpoint of experienced bankruptcy practitioners.

Philip Guy Eisenberg, Locke Lord LLP - Houston, TX
Omer F. "Rick" Kuebel, Locke Lord LLP - New Orleans, LA
Bruce J. Ruzinsky, Jackson Walker L.L.P. - Houston, TX

4:15 pm

1.00 hr
0.50 hr ethics

Elements of an Effective Compliance Program

Compliance programs are having to evolve beyond checklists and procedures to address the sometimes vague or conflicting regulations and interpretations. An effective compliance program must consider the “black letter” rules but must also address the spirit and intent of those rules. To be effective, a company’s enforcement and compliance program must be proactive and readily capable of adjusting to a changing regulatory landscape. Gain insight on effective compliance programs from both an operational and trading perspective.

Moderator:
Neil L. Levy, Partner, King & Spalding LLP - Washington, DC
David Louw, Macquarie Energy Capital - Houston, TX
Panelist:
Tom Nuelle, Chief Compliance Officer, BP Energy Company - Houston, TX

5:15 pm
Adjourn to Reception

Thank You to Our Reception Sponsor Reed Smith LLP
Join us for drinks and hors d'oeuvres with program faculty and attendees.

Friday Morning, Sep. 11, 2015

Presiding Officer:
Chris Reeder, Husch Blackwell LLP - Austin, TX

7:30 am
Conference Room Opens

Includes continental breakfast. 

8:00 am

0.50 hr

Gas Transportation 20:20/2020

As U.S. gas production has outpaced all expectations and predictions, the government is running to catch up. A recovering regulator/lawyer's view of recent and upcoming changes to gas transportation regulations and laws. How did we get where we are? What possible federal changes can we expect in the next few years? What parts of industry are likely to be most affected? What does that mean for you as legal counsel?

Cynthia L. Quarterman, Atlantic Council - Washington, DC

8:30 am

1.50 hrs

Clean Air Act Developments of Concern to the Power Industry

An unprecedented number of Clean Air Act developments have recently converged on the electric power industry. Hear an explanation of these developments and the practical and legal difficulties they create for both the regulated community and the regulators.

Moderator:
Rebecca J. Rentz, Winstead PC - Houston, TX
Panelists:
Jeff Civins, Haynes and Boone, LLP - Austin, TX
Michael J. Nasi, Jackson Walker L.L.P. - Austin, TX

10:00 am
Break

10:15 am

0.50 hr

ERCOT, SPP and MISO Transmission—What's New?

Learn about the progress on competitive transmission under FERC Order 1000, the interplay of transmission and generation alternatives in planning, and other developments affecting Texas. 

N. Beth Emery, GridLiance - Chicago, IL
Joseph W. Ghormley, Southwest Power Pool, Inc. - Little Rock, AR

10:45 am

0.50 hr

Pipeline Regulatory Developments

Review recent developments in the regulation of intrastate pipelines by the Texas Railroad Commission, including recent regulatory decisions regarding non-crude petroleum pipelines, Texas court decisions related to eminent domain, and new Railroad Commission rules.  

James H. Barkley, Baker Botts - Houston, TX

11:15 am

0.50 hr

Selected Drafting Issues in Midstream Contracts

Discussion of several issues relevant to the drafting of different midstream contracts, including the characterization of an acreage commitment in a hydrocarbon sale, gathering, transportation, or processing agreement as a covenant running with the land and the legal consequences; assuring the characterization of a hydrocarbon sales contract as a “forward contract” under the Bankruptcy Code; avoiding quitclaim treatment of a conveyance of pipeline easements and rights-of-way; managing the residual liability of a contract party upon the assignment of the contract; and the basics of contractual indemnity.

Michael P. Pearson, Jackson Walker L.L.P. - Houston, TX

11:45 am

1.00 hr ethics

Ouch! The Ethical Thicket of Social Media for Oil and Gas Lawyers

When more than half of all in-house counsel report using social media for news and information, when 83-year old Rupert Murdoch uses Twitter, when lawyers tweet and law firms and judges maintain blogs, there can be no doubt that social media permeates society. No lawyer can afford to ignore it. However, social media usage raises a host of ethical issues, including judges “friending” lawyers (and vice-versa), investigating witnesses and jurors, improper “advertising," unlawful practice and unauthorized multi-state practice, the First Amendment rights of lawyers, and screening of employees and law firm and company policies for employees’ use of social-media. All of these issues are addressed with a unique blend of humor and scholarship, as one of the most unusual multi-media presentations you’ll ever see.

Michael H. Rubin, McGlinchey Stafford PLLC - Baton Rouge, LA

12:45 pm
Adjourn

UT Law CLE

2015 Gas and Power Institute

Faculty

Conference Faculty

James H. Barkley
Baker Botts
Houston, TX
Brian Boyle
Norton Rose Fulbright
Houston, TX
Brian Bradshaw
Morgan, Lewis & Bockius LLP
Houston, TX
Jeff Civins
Haynes and Boone, LLP
Austin, TX
Ricardo Colmenter
ENTRA Consulting
Houston, TX
Stephen L. Corso
Haynes and Boone, LLP
Houston, TX
Kenneth S. Culotta
King & Spalding LLP
Houston, TX
Jacob (Jake) Dweck
Sutherland, Asbill & Brennan LLP
Washington, DC and Houston, TX
Philip Guy Eisenberg
Locke Lord LLP
Houston, TX
N. Beth Emery
GridLiance
Chicago, IL
Joseph W. Ghormley
Southwest Power Pool, Inc.
Little Rock, AR
Jerry Jeske
Mercuria Energy
Houston, TX
Omer F. "Rick" Kuebel
Locke Lord LLP
New Orleans, LA
Neil L. Levy
Partner, King & Spalding LLP
Washington, DC
Phillip G. Lookadoo
Haynes and Boone, LLP
Washington, DC
David Louw
Macquarie Energy Capital
Houston, TX
Anthony M. Mansfield
Cadwalader, Wickersham & Taft LLP
Washington, DC
Michael J. Nasi
Jackson Walker L.L.P.
Austin, TX
Tom Nuelle
Chief Compliance Officer, BP Energy Company
Houston, TX
Ronald S. Oppenheimer
Vitol Inc.
Houston, TX
Michael P. Pearson
Jackson Walker L.L.P.
Houston, TX
Steven A. Porter
U.S. Department of Energy, Office of the Assistant General Counsel for Electricity & Fossil Energy
Washington, DC
Cynthia L. Quarterman
Atlantic Council
Washington, DC
Chris Reeder
Husch Blackwell LLP
Austin, TX
Rebecca J. Rentz
Winstead PC
Houston, TX
Randall S. Rich
Pierce Atwood LLP
Washington, DC
Michael H. Rubin
McGlinchey Stafford PLLC
Baton Rouge, LA
Bruce J. Ruzinsky
Jackson Walker L.L.P.
Houston, TX
José L. Valera
Mayer Brown
Houston, TX
Lauren Varnado
Norton Rose Fulbright
Houston, TX
Ana Christina Ward
Attorney at Law
Austin, TX
Shelley Wong
Sutherland Asbill & Brennan LLP
Washington, DC

Planning Committee

Kathleen E. Magruder—Chair
BP Energy Company
Houston, TX
John K. Arnold
Winstead PC
Houston, TX
Paul W. Chung
Targa Resources Corp.
Houston, TX
Kenneth S. Culotta
King & Spalding LLP
Houston, TX
Shonnie L. Daniel
Calpine Corporation
Houston, TX
Merida De La Pena
Merrill Lynch Commodities, Inc.
Houston, TX
Robert D. Eickenroht
Locke Lord LLP
Houston, TX
Ann A. Hawkins
Skadden, Arps, Slate, Meagher & Flom LLP
Houston, TX
Michelle E. Hicks
Exelon Corporation/Constellation
Houston, TX
Norma Rosner Iacovo
Tenaska Power Services Co.
Arlington, TX
Giji M. John
Andrews Kurth LLP
Houston, TX
Walter Keneally
Haynes and Boone, LLP
Houston, TX
Philip K. Lau
Locke Lord LLP
Houston, TX
Diana M. Liebmann
Haynes and Boone, LLP
San Antonio, TX
Kaiser Malik
Calpine Corporation
Houston, TX
JoAnn P. Marcell
Enterprise Products Partners L.P.
Houston, TX
Jeffrey J. Nichols
Houston, TX
Michael P. Pearson
Jackson Walker L.L.P.
Houston, TX
Shemin V. Proctor
Andrews Kurth LLP
Washington, DC
Kirk David Rasmussen
Enoch Kever PLLC
Austin, TX
Chris Reeder
Husch Blackwell LLP
Austin, TX
Jose A. Rodriguez
BP Energy Company
Houston, TX
Marty Jo Rogers
Shell Oil Company
Houston, TX
Gregory J. Smith
The University of Texas School of Law
Austin, TX
Paul E. Vrana
Jackson Walker L.L.P.
Houston, TX
Sarah B. Wolfe
Shell Trading Gas & Power
Houston, TX

UT Law CLE

2015 Gas and Power Institute

Credit Information

MCLE Credit

Texas
12.25 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
12.25 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Louisiana
12.25 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Ohio
12.25 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Oklahoma
14.50 hrs  |  2.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Virginia
11.50 hrs  |  1.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the Virginia State Bar. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

TX Accounting CPE
14.50 hrs
Additional Information
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

UT Law CLE

2015 Gas and Power Institute

Key Dates

Houston

  • Last day for Individual early registration: Sep 2, 2015
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Sep 4, 2015
  • Last day for cancellation (partial refund): Sep 7, 2015
    $50 processing fee applied

UT Law CLE

2015 Gas and Power Institute

Hotel / Venue

Houston

Royal Sonesta Hotel Houston

2222 West Loop South
Houston, TX 77027-3502
713.627.7600
855.463.3091 (reservations)
Map

Accommodations

$195 room rate good through August 26, 2015 (subject to availability).

Parking Information

Daily Self-Parking: $10
Daily Valet Parking: $16
Overnight Self-Parking: $16
Overnight Valet Parking: $27

UT Law CLE

2015 Gas and Power Institute

Sponsors