Tape #

Session Title

EBA11/05-01

OPENING REMARKS:  Mark C. Williams, Co-Chair, EBA Programs and Meetings Committee, Bingham McCutchen LLP, Frederic G. Berner, Jr., President, EBA, Sidley Austin Brown & Wood LLP

MORNING ADDRESS - MERGERS AND ACQUISITIONS GOING FORWARD:  Mike Naeve, Sr. Partner, Skadden, Arps, Slate, Meagher, & From LLP

EBA11/05-02

GENERAL SESSION I:  The Next Wave in Consolidations and Acquisitions - Key Structures and Players:  A new wave of mergers, acquisitions, and ownership restructurings has commenced.  Some observers and industry participants expect a sudden wave of retail utility acquisitions in the wake of PUHCA reform.  Private equity funds and non-energy firms have already become a dominant presence in the gas pipeline sector.  Bankruptcies have created new ownership structures and issues as financial firms trade interests in generators.  This panel will look at who the key players are, what the "new wave" of deals are going to look like, and whether existing regulatory structures effectively address the interests of market participants.  Brian E. Chisling, Amy H. Fisher, Samuel Behrends, IV, Moderator: Mark C. Williams

EBA11/05-03

LUNCHEON AND LUNCHEON SPEAKER: Introduction: Kevin Lipson, Co-Chair, EBA Programs and Meetings Committee, Hogan & Hartson L.L.P., SPEAKER: Ralph Cleveland, Sr. Vice President, AGL Resources

EBA11/05-04

GENERAL SESSION II:  Mass Disasters and Recovery in the Energy Industries - Katrina, Rita and Beyond: The devastation of the Gulf Coast by Hurricanes Katrina and Rita may have economic, operational, and environmental implications for years to come.  Insuring the energy industries against major catastrophes is a highly technical undertaking with which all energy lawyers should be familiar.  This panel will provide an overview of the field of catastrophic risk management and recovery in the energy industries.  Leo W. Fraser, III, Michael J. Thompson, William S. Scherman, Moderator: Ernest B. Abbott

EBA11/05-05

SESSION A:  Electric Market-Based Rates and Market Development in the Post-SMD, Post-Avoided Cost" Era:  This panel will address market development in wholesale electric sales and electric transmission.  The Energy Policy Act

of 2005 has significantly reduced the availability of new "avoided cost" rates to Qualifying Facilities.  Since 2004, FERC

has been restricting the availability of market-based rates to generators and marketers, particularly those affiliated with retail utilities.  The Standard Market Design rulemaking has been terminated by the FERC.  In New England, the development of LICAP has taken unusual turns, and LICAP's implementation has faced several delays.  Kenneth G. Jaffe, John DeTore, Rodney Frame, Moderator:  Susan N. Kelly

EBA11/05-06

SESSION B:  Procedural Improvisation in Restructuring Electric and Natural Gas Industries: Has the FERC Struck the Proper Balance Among Flexibility, Predictability and Due Process?:  Has the FERC's experimentation with limited delegations of fact finding to ALJ's in lieu of full hearings, paper hearings, and deference to ISO/RTO processes affected the ability of FERC practitioners to guide clients?  Are the Commission's cost-of-service rate policies concerning suspension of rate changes and hearings applied consistently?  What is the proper "procedural due process" when "just and reasonable" is to be applied in a market-based context?  This panel will investigate the sometimes bewildering array of procedures used by the Commission under both the Natural Gas and Federal Power Acts to deal with issues related to market development, examination of market power in RTOs/ISOs, establishment of both market-based and cost-based rates and other areas of emerging concern.  Robert E. Fernandez, Michael A. Bardee, Gary J. Newell, Moderator: David P. Yaffe

EBA11/05-07

BREAKFAST AND BREAKFAST SPEAKER:  INTRODUCTION:  Kevin Lipson, Co-Chair, EBA Programs and Meetings Committee, Hogan & Hartson L.L.P., Kristina Nygaard, Co-Chair, EBA Programs and Meetings Committee, Troutman Sanders LLP SPEAKER: Cynthia A. Marlette, FERC Senior Deputy General Counsel, Federal Energy Regulatory Commission

EBA11/05-08

SESSION A:   LNG: Its Time is Now:  LNG Siting: Environmental and Safety Issues. LNG and EPAct of 2005: Streamlining Processes, Focusing Litigation. LNG Markets: Buying and Selling the Commodity.   Jason F. Leif, J. Mark Robinson, J. Patrick Nevins, Moderator:  Kristina Nygaard

EBA11/05-09

SESSION B:  Ethics in Negotiation and Dispute Resolution - When is Neutral-Participation and ADR Required, and How Much?:  Questions To Be Explored:  What Is ADR?  Is ADR Mandatory?  When Is ADR Appropriate?  Does Unassisted Negotiations Qualify as an ADR Process?  Who Controls an ADR Process?  Do Lawyers Have Any Obligations Toward ADR at FERC?  Should Determining Who Has The Winning Position Have a Higher Priority Over Meeting Client's Business Interests?  Should Clients Educate Lawyers on When to Use a FERC ADR Process?  Resistance to ADR:  Is It Cultural or Behavioral?  Does a Lawyer Have a Duty to Advise Client of ADR Options?  If a Lawyer Has a Duty to Advise Client of ADR, When Should It Be Done?  What Are the Parameters of Any Duty To Advise Client of ADR?  Are There Consequences If Any Duty Is Not Met? Richard L. Miles, Federal Energy Regulatory Commission