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Annual Report 2008–2009 Energy Bar Association Foundation of the Energy Law Journal Charitable Foundation of the Energy Bar Association

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Page 1: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

Annual R

eport 2008–2009

EnergyBar Association

Foundation of theEnergy Law Journal

CharitableFoundation

of the Energy BarAssociation

Page 2: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

President’s Message

During the 2008-2009 term, the Energy Bar Association’s sixty-third year of operation, the Association continued to build on past traditions and successes while breaking new ground

and implementing new initiatives. Much of the work done this year affects our infrastructure and operations and is not directly visible to members, but it is directed toward positioning the Association and its Foundations to continue to deliver the high-quality services that our members value most. The Association continues to work closely with its two Foundations, the Foundation of the Energy Law Journal (“FELJ”) and the Charitable Foundation of the Energy Bar Associa-tion (“CFEBA” or “Charitable Foundation”) to enhance the benefi ts offered to its members. The three organizations are pleased to present the results of the 2008-2009 year to the Association’s members in this report.

The mission of the Association remains that of providing education and support to the profession. This year’s program chairs, Stu Caplan, Rick Smead and Grace Soderberg, with support from a number of our other committees, organized Mid-Year and Annual Meeting programs featuring a most-impressive gathering of luminaries to address emerging and critical issues affecting the energy industry. I express my deep appreciation to each of them for taking on one of the most visible and crucial tasks that the Association performs and the many hours they devoted to assur-ing the success of these programs. Similarly, the leaders of the Chapters and Committees deserve recognition for the high quality programming that they developed and presented. On behalf of myself and the Board I thank them for assuring EBA is serving all regions of the US and intercon-nected portions of Canada and Mexico.

The following pages will describe in more detail these educational programs and the many other activities and successes of the 2008-2009 term, but can only hint at the hard work that made them possible. Many thanks to the dedicated volunteers that enabled the Association to carry out its mission this year, especially the offi cers and board members of the Association, each of its six chapters, the FELJ and the Charitable Foundation. On behalf of the Association Board and myself, I also thank our committee chairs and vice-chairs for their time, dedication and leader-ship and our outstanding professional staff for their tireless efforts and continuing dedication and good cheer. Many thanks, too, to the members and non-members who generously donated their time and effort to provide the intellectual content that makes the Association’s programs and the Energy Law Journal so stimulating and thought-provoking.

I sincerely hope that each of our members have found value in their membership this year. I urge each member that has not yet done so to partake in our legal educational programming, peruse the Energy Law Journal, seize the opportunity to work with colleagues for the benefi t of others dur-ing a Charitable Foundation service day or enjoy the camaraderie of an EBA networking event. Other benefi ts such as an interesting interview in the Association’s quarterly Update newsletter, the convenience of fi nding a recent judicial decision on our website, the ready access of your EBA directory, or the ability to search for a new career opportunity through the Job Bank are also at your disposal.

On behalf of the Board and myself, I thank each of you for your contributions and participation this term. I also thank Rich Bonnifi eld for his assistance and support this past year and extend to him my best wishes for his 2009-2010 term as president.

Thank you for allowing me the honor of serving as the president of the Association this past year.

Donna M. Attanasio

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Page 3: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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Contents

President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Energy Bar Association

Featured Articles

Strategic Direction and Improvements to Operations and Infrastructure . . . . . . . . . . . . . . . . . . . . . . . 4–5

Paul E. Nordstrom Service Award Established . . . . . . . . . . . . 6

Pro Bono Program Launched . . . . . . . . . . . . . . . . . . . . . . . . . 7

EBA At-A-Glance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8–9

EBA Financials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10–11

Chapter Reports

Houston Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

New Orleans Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Midwest Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Northeast Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Southern Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Western Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Committee Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18–21

2008–2009 EBA Committee Programs . . . . . . . . . . . . . . . . . 22–23

Foundation of the Energy Law Journal . . . . . . . . . . . . . . . . . . . . 24–25

Charitable Foundation of the Energy Bar Association . . . . . . . . . . . 26

Foundation Fundraising: Gala and Golf . . . . . . . . . . . . . . . 26–27

Financial Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Charitable Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

CFEBA Donation List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30–31

Chapters & CFEBA: Partnering for a Greater Good . . . . . . . . . 32

Foundation Sponsored Interns Learn About Energy Law . . . . . . 33

Service Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34–35

Page 4: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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During the 2007-2008 term, the Association Board led an effort by the Association, its Chapters and its Foundations to evaluate our strategic direction. While the Strategic Plan-ning Committee largely reaffi rmed the 2005 strategic plan, it did identify a number of specifi c needs and pro-posed initiatives to improve the abil-ity of the Association to carry out its mission and better serve its members. During the 2008-2009 term, many of those initiatives were placed into action.

Among the com-mittee’s key fi nd-ings was that the growth in activi-ties of the Associ-ation and its Foun-dations in recent years has stretched our offi ce staff to the limit and we needed to prepare for adding up to a fourth full-time equivalent staff position in the near future. To do so, required additional offi ce space. Therefore, during 2008 the Board established a committee under the direction of Kathleen Carrigan to oversee an offi ce expansion, result-ing in relocation of our administra-tive offi ces to 1990 M Street, NW, Washington DC on January 31, 2009. The new space includes fi ve offi ces plus additional workspace, allow-ing for future growth. At the end of 2008, Mary Singletary joined our staff on a permanent part-time basis as an administrative assistant. We

also recognized the changing struc-ture of our staff’s duties by appoint-ing Lorna Johnston Wilson, our long time Administrator, to the position of Executive Director of the Associa-tion. Marlo Brown as Administrator and Michele Duehring as Associate Administrator.

The strategic plan also recommended measures to strengthen our com-munications with members. These

included continued cooperation with other organizations, as co-sponsors or to assist each other with publicity through our joint enterprise initiative, increased outreach to law students, improvements to our website and increased use of technology to assure that our luncheon programs could be accessed remotely from all regions of North America. The Association has made progress in all of these areas. The Joint Enterprise Committee,

Strategic Directionand Improvements

to Operationsand Infrastructure

Page 5: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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led by Marcia Hooks, continued to expand our outreach to other orga-nizations, we have participated in at least two law school career events this term and our website committee, under the direction of Debra Palmer,

hopes to unveil a new and more user-friendly website later this year.

As part of the Board’s continuing ef-forts to support and enhance the com-mittee structure and promote regional outreach, we held the fi rst leadership conference on April 29, 2008. This event kicked-off the year by allowing committee chairs and vice-chairs to meet with other key leaders of the As-sociation, its Foundations and chap-ters to share ideas and articulate goals for the coming year. The committee leaders responded enthusiastically. The committees sponsored or co-sponsored 25 separate luncheons this term (compared to 18 in 2007-2008), the Judicial Review Committee revitalized the program for posting quarterly summaries of notable en-

ergy law cases (check the web site!) and the committees have continued to provide substantive overviews of legal developments for publication in the Energy Law Journal. In addition, our new Professional Development

Committee has launched a multi-year effort under the leadership of David Bloom and Joshua Fershee to coor-dinate and enhance the educational program offerings.

Some changes arrive without invita-tion. Due to new regulations adopted by the Internal Revenue Service, the Association anticipates that its tax return for 2009 will require it to specify whether it has adopted vari-ous self-governance measures. To assure that our governance measures are consistent with best practices, Sue Kelly has spearheaded an effort by the Association and its Foundations to review and revamp our policies as necessary. We have also engaged outside counsel (pro bono) to assist us in this effort.

Page 6: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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In November 2008, the As-sociation and the Charitable Foundation jointly estab-lished a new award, the Paul E. Nordstrom Service Award. This award was established in memory of Paul E. Nord-strom, a past president of the EBA and the fi rst president of the CFEBA who died this past summer. The award is to be granted no more frequently than once per year to an EBA member who demonstrates exemplary long-term service to the Association or its Foun-dations and/or a particularly signifi cant example of pub-lic service to the community.

By unanimous vote of both Boards, the fi rst Paul E. Nor-dstrom Service Award was awarded in November 2008 posthumously to Paul for his work as a co-founder of the Charitable Foundation and his service as a presi-dent to the Foundation and the Association. The award was presented at the Chari-table Foundation’s Annual Gala to his widow, K Henry. CFEBA President Rich Mey-er and EBA President Donna Attanasio jointly presented the award to Ms. Henry.

The Paul E. Nordstrom Service Award is one of three awards that the Association offers. Each is awarded from time to time at the discretion of the Association. The President’s Award, given for outstanding contributions to the fi eld of energy law was last present-ed at the 2008 Annual Meet-ing and awarded to Profes-sor Richard Pierce of George Washington Law School. He is only the fourth recipient of that award since its establish-ment in 2000. The Association also from time to time awards a State Practitioner’s Award.

Paul E. Nordstrom Service Award

Established

Page 7: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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Pro Bono Program Launched

The AssociationÊs Pro Bono Committee suc-cessfully placed its first pro bono project

this term. The committee helped NRE-CA International secure assistance

from Latham & Watkins for the development of commercial and

regulatory contracts for a rural electrification program in Ye-man.

The AssociationÊs pro bono program was initiated to fa-cilitate the voluntary provi-sion of free legal services

requiring energy law expertise by EBA members to advance hu-

manitarian and charitable causes for clients that are financially con-

strained and to provide opportunities for professional development for EBA

members. In keeping with the apolitical nature of the Association, the pro bono committee does not assist in adversarial proceedings. New opportunities will be posted on the EBA website as they become available.

Page 8: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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Mission: The mission of the Association is to promote the professional • excellence and ethical integrity of its members in the practice, adminis-tration, and development of energy laws, regulations and policies

Diversity policy: The Energy Bar Association is committed to the goals • of fostering an inclusive and diverse membership and increasing diver-sity across all levels of the Association, so as to refl ect the diversity of the energy industry and the Nation as a whole. Attorneys, non-attorney professionals in the energy fi eld and law students are welcome to join our ranks regardless of race, creed, color, gender, ethnic origin, religion, sexual preference, age, or physical disability and are encouraged to become active participants in the Association’s activities

Membership: December 2008: 2,640• December 2007: 2,539 December 2006: 2,412

Six Chapters: • Houston ◊ New Orleans ◊ Southern ◊ Midwest ◊ Western ◊ Northeast

Twenty Committees: • Alternative Dispute Resolution ◊ Climate Change & Emissions◊ Competition & Antitrust ◊ Electricity Regulation & Compliance ◊ FERC Practice & Administrative Law Judges ◊ Finance & Transac-tions ◊ International Energy Law & Transactions Committee ◊ Judi-cial Review ◊ Legislation ◊ Natural Gas Regulation & Compliance ◊ Nuclear Regulation ◊ Oil Pipeline Regulation ◊ Power Generation & Marketing ◊ Professional Development ◊ Programs & Meetings ◊ Renewable Energy & Demand-Side Management ◊ State Commission Practice & Regulation ◊ System Reliability, Planning & Compliance ◊ Water & Land Use, Regulation & Permitting ◊ Young Lawyers

Affi liated Organizations:• Foundation of the Energy Law Journal ♦Charitable Foundation of the Energy Bar Association ♦

Meetings and Events:• Six full day meetings (national and regional) ♦

June 10, 2008: Northeast Chapter Meeting, New York, NY -December 3-4, 2008: Mid-Year Meeting, Washington, DC -February 27, 2009: Western Chapter Meeting, San Francisco, -CAMarch 4, 2009: Midwest Chapter Meeting, Chicago, IL -April 22, 2009: Administrative Law Primer, Washington, DC -April 23, 2009: Annual Meeting, Washington, DC -

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Page 9: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

29 additional chapters or com- ♦mittee-sponsored luncheons or part-day programsVarious networking receptions ♦and happy hours

New initiatives (2008-2009)• First Leadership confer- ♦ence held April 2008; second planned for April 2009Offi ce move completed ♦2/1/2009; fourth permanent staff member hired 12/2008Website redesign – initiated ♦and continuingMembership drive – initiated ♦and continuingDirectory information en- ♦hanced with practice area information (published in on-line directory only)Law school outreach events ♦(2008): representation at George Washington Law School career fair; participa-tion in University of Califor-nia Law School at Berkeley networking event

Key Activities Continued From • Prior Years

Directory published, hard- ♦copy and on-lineQuarterly newsletters pub- ♦lished: Adrienne Clair, editor; reports by Freddi Greenberg, Gary Guy, Marcia Hooks, Rich Meyer, Elisabeth Myers, Channing Strother; Michele Duehring, layout and design Judicial decision updates ♦Job Bank ♦

aat aglaance

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Page 10: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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sThe Association maintains certain investment assets as a cushion to assure it is able to meet its obligations when they come due as well as cover any extraordinary expenses. In recent years, these funds, other than cash held in checking for upcoming needs, have been held in an investment portfolio balanced between 60% equities and 40% fi xed income assets and managed by a professional investment manager (presently, Wachovia). As the markets became more vola-tile in the fourth quarter of 2008, the Board transferred a portion of the funds into certifi cates of deposit, thereby increasing the propor-tion held in fi xed income assets, in order to provide better stability.

Page 11: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

The Association operates on a cash basis. Typically the Association strives to balance its revenues and expenses annually. However, since membership levels and meeting attendance (the dominant de-terminants of revenue and a signifi cant driver of expenses) have to be estimated, the budget serves as a plan and a benchmark, but actual results may vary. At the end of calendar year 2008, the Association had a net gain in operating revenues over operating expenses. The 2009 annual budget projects a potential shortfall because the expens-es include certain one-time costs related to the move to a new offi ce plus a number of contingencies and the budget is based on a conser-vative estimate of revenues. The resulting potential budget shortfall is being addressed through a membership drive and other outreach efforts. The Association’s investments remain available for use if certain of the costs incurred this year must be carried forward to 2010.

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Page 12: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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CHouston Chapter

Serving Houston, Texas.

The 2008 hurricane season produced a record number of consecutive storms to strike the United States and ranks as one of the more active seasons in history. Early in the morning of September 13, 2008, Hurricane Ike came ashore on Galveston Island and tracked across the heart of Houston, leaving a path of destruction as it passed over the region. Hurricane Ike signifi cantly affected the personal and professional lives of nearly every member of Houston Chapter.

Despite the residual effects of Hurricane Ike, the Houston and New Orleans Chapters organized and hosted a half-day Energy Enforcement conference in Houston on October 2, 2008. The conference focused on the energy enforcement practices and policies of the Fed-eral Energy Regulatory Commission (FERC), the Commodity Futures Trading Commission (CFTC), and the Federal Trade Commission (FTC). The conference, attended by approxi-mately 50 registrants, included panelists from those agencies and from private practice. Fulbright & Jaworski L.L.P. sponsored the conference.

On February 24, 2009, the Houston Chapter held its winter meeting. Patrick Wood III gave a thought provoking presentation titled “The Role of Wind: Opportunities and Obstacles to Meeting Future Needs.” Approximately 40 registrants attended the luncheon which was sponsored by Brown McCar-roll, L.L.P., Duane Morris LLP, Dynegy Inc., Navigant Consulting, Inc., and Vinson & Elkins L.L.P.

On June 19, 2008, the Houston Chapter hosted its 3rd Annual Networking Cocktail Hour. In its third year, this purely social event has quickly become a Houston Chapter tradition. The Chapter membership enjoyed the best of the three Fs: food, fun, and friends. The networking opportunity took place at Maggianos Little Italy restaurant and was sponsored by McDermott Will & Emery, LLP and Sutherland.

A Spring 2009 event is being planned. The Houston Chap-ter thanks each of the event sponsors and looks forward to an interesting and entertaining 2009-2010 term.

Page 13: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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New Orleans ChapterServing New Orleans, Louisiana.

EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because of its small geo-graphical footprint and the loss of population following Hurricane Ka-trina, New Orleans remains the small-est of our chapters with only approxi-mately 35 members. Notwithstanding its small size, New Orleans hosted, and together with the Houston and Southern chapters co-sponsored, the Association’s Natural Gas 101 primer on March 27-28, 2008. The well-rounded educational program was complemented by social events that gave visitors a taste of the real New Orleans as well as an opportunity to socialize with colleagures. Following that success, the New Orleans chap-ter co-sponsored a half day Energy Enforcement program co-sponsored and hosted by the Houston Chapter on October 2, 2008. The Enforcement program expanded on one of the most important topics raised in the primer, allowing interested practitioners to delve deeper than possible in the primer format.

The New Orleans chapter has focused much of its efforts this year on expanding its mem-bership. It is also exploring the possibility of developing an energy curriculum, to be taught by EBA members, for local charter schools.

Page 14: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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Midwest ChapterServing Illinois, Indiana, Kansas, Michigan, Minnesota, Missouri, North Dakota,

Nebraska, Ohio, Oklahoma, South Dakota and Wisconsin.

The Midwest Chapter’s Annual Meeting on March 4, 2009 was a tremendous success. The program, “Taking Stock of the Energy Industry – Are Markets Still the Answer?” was extremely well-attended and well-received. Commissioner Spitzer provided the keynote address. On the preceding day, for the second year in a row, the chapter co-sponsored an ethics seminar with the Chicago and Illinois State Bar Associations. Members also had an opportunity to socialize at the reception held the evening prior to the Annual Meeting at the lovely Palmer House in which the meeting was held.

The Midwest Chapter elected its Board for the 2009-2010 year at the business meeting on March 4, 2009. New Offi cers are as follows: Anne Callenbach, President; Robb Mork, Vice President; Michael Laros, Treasurer/Secretary. The Directors for the 2009-2010 year are: David Fein, Patrick Joyce, David Hennen, and Christine Ericson. Past President Freddi Greenberg will serve as the ex offi cio member of the Board. The next regional Midwest Annual Meeting will be held in Kansas City, MO, in March 2010. The Board is forming new committees for the 2009-2010 term to promote member participation, such as a Program Committee, a Charitable Founda-tion Committee (to focus on fundraisers for the CFEBA), and a Networking Commit-tee. The Chapter is considering hosting a teleconference on pole attachments, and the convergence of the electricity and telecom-munications industries.

In August 2008, members of the Midwest Chapter board spent an evening with Christi-na England. Christina was awarded funding by the Charitable Foundation for a summer internship with the Dept. of Energy General Counsel’s Chicago offi ce. The evening pro-vided an opportunity for Christina to meet several of the Association’s members and learn more about the practice of energy law.

The Charitable Foundation has approved the selection of Kara Wanstrath, a fi rst-year law student at DePaul University, to be the recipient of a 2009 Summer Internship grant. Kara will work as a legal intern at the Illinois Commerce Commission in the Offi ce of General Counsel this coming summer. The Midwest Chapter expects to continue the tradition of hosting activities for the intern, such as a dinner with fellow energy bar mem-bers.

Page 15: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

Northeast ChapterServing Connecticut, District of Columbia, Delaware, Massachusetts, Maryland, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont.

On June 10, 2008 the Northeast Chapter held its 2008 New York City conference “Perspectives, Insights and Analysis on Emerging Issues Facing the Energy Industry” at the Harvard Club. An extremely well-received and high quality program assembled by Marji Philips, Joe Nelson and Angie O’Connor was highlighted by a number of distinguished moderators and panelists. More than 125 people attended.

Elections were held on June 9, 2008, the evening before the NYC conference. With Pat Gerity succeeding to the offi ce of President under the Chapter’s Charter, the following slate of nominees was unanimously elected:

Matthew J. Picardi – President Elect Richard A. Drom – DirectorJoseph R. Nelson – Vice President William R. Flynn – DirectorWilliam D. Hewitt – Secretary/Treasurer Frederic Lee Klein – DirectorMarjorie R. Philips – Director Glen R. Thomas – DirectorLiam T. Baker – Director Daniel P. Venora - Director

Also at the meeting, proposed amendments to the Chapter Charter were approved, subject to approval by the Association’s Board.

The Northeast Chapter was a co-sponsor of ISO-NE’s September 18-19, 2008 Boston conference on strategies for New England’s electric energy future. Members and their fi rms sponsored a reception held on the evening between the two day NE-ISO conference. On October 24, 2008, the Chapter co-sponsored a program entitled “The Future of Independent System Operators” with the Center for Energy, Economic and Environmental Policy.

On March 3, 2009 the Northeast Chapter and the Alternative Dispute Resolution Committee, with co-sponsors the International Institute for Confl ict Prevention & Resolution, and the Energy & Telecom-munications Law Committee of the Boston Bar Association, presented a program entitled “Reducing Confl ict and Bringing Better Decision-making Processes to New England in the Energy Field.” Nearly 30 in-person attendees braved the remnants of a late winter storm to listen and participate in the late af-ternoon panel discussion at Day Pitney’s Boston offi ce. The afternoon drew to a close with a networking reception.

The Chapter’s 2009 New York City annual conference will be held on Tuesday, June 9. Arrangements are being fi nalized, with the Harvard Club proposed as the meeting location.

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Page 16: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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CSouthern Chapter

Serving Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana (other than New Orleans), Mississippi, North Carolina, South Carolina,

Tennessee, Texas (other than Houston), Virginia and West Virginia.

On July 23, 2008, the Southern Chapter held a “lunch and learn” program entitled “New Nuclear: Resource Constraints and Cost Recovery.” Steve Burns, the NRC’s Deputy General Counsel and Oscar Harper, Georgia Power Vice President, Nuclear Development, Resource Planning & Assistant to the CEO were the guest speakers.

The Southern Chapter’s Board held its annual meeting and elections by teleconfer-ence on February 26, 2009. The results are as follows:

J. Gregory Cornett – President

C. Scott Greene – President Elect 2010

W. Duncan Crosby – Vice President

Randolph Hightower – Secretary/Treasurer

Bill Austin, Angela Beehler, C. Meade Browder, Jennifer Brundige, Edgar Down-ing, James Guy, Tulin Koray, Louis Monacell, Paul Newton, Shannon Pierce, Susan Riggs, Timika Shafeek-Horton, Vishwa Link and Walter Hall, Directors

The Chapter met again by teleconference on March 19, 2009 to plan a “lunch and learn” teleconference, to be held on May 6, 2009 on the topic of Environmental Legislation Initiatives. A June 22, 2009 meeting in Charleston, SC, in conjunction with the SEARUC meeting, is also being planned, and a working committee has been formed to develop speakers for that meeting.

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Western ChapterServing Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, Wyoming, Canadian Prov-inces of Alberta & British Columbia and the Mexican States of Baja California and Sonora.

Following adoption of amend-ments to its charter early in 2008, during the 2008-2009 term, the Western Chapter became the fi rst chapter to seat a law student on its board. The non-voting seat was fi lled for the remainder of the 2008-2009 term by Max Baumhefner, a student at Uni-versity of California Berkeley School of Law (Boalt Hall).

The Western Chapter held its Eighth Annual meeting on Friday, February 27, 2009. It was pre-ceded on Thursday, February 26, 2009 by a reception and Chari-table Foundation fundraiser wine auction and reception, hosted by the Manatt fi rm. The meeting program was a great success, in terms of both content and attendance. After the conclusion of the Annual Meeting, new offi cers and directors for the Western Chapter were elected, as follows:

Frank R. Lindh — President

Michael S. Hindus — Vice President & President-Elect

Pamela J. Anderson — Secretary/Treasurer

Charles R. Middlekauff — Director, California

Antoine P. Cobb — Director, Rockies and Southwest

Carl M. Fink — Director, Pacifi c Northwest and Canadian Provinces

Ex Offi cio Directors: — Harry Moren (Law Student); David Huard (Past President)

Page 18: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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Com

mitt

ee A

ctiv

ities

The Association has twenty committees that carry out its mission, including several that are new this year

and several that have reorganized. Some of the high-lights of this year’s activities are set forth below. A

comprehensive list of the committee sponsoredluncheons follows.

The Professional Development Com-mittee, which was formed in April 2008, sponsored two webinars in the past six months, one on Sections 203 and 205 of the Federal Power Act and one on Project Finance 101. Two additional webinars are being scheduled, one on legal ethics and technology and one on commodities regulation. The Committee also will be making a written recommendation to the Board on ways to better leverage the As-sociation’s extensive educational offer-ings, including increased planning across all Committees and Chapters to ensure that all desirable topics are covered and ways in which the Association can make this wealth of material more accessible to all members.

The System Reliability, Planning and & Compliance Committee, another of the new committees, sponsored two lun-cheon events this year. In October 2008, the Committee co-sponsored a luncheon with the Alternative Dispute Resolution Committee on the NERC and Regional Entity hearing and appeal processes. In March, 2009, the Committee organized a program on the reliability impacts of wind generation. In addition, the Com-mittee sponsored several committee calls in which members discussed recent experiences and lessons learned. Topics included cyber security and “NERC/Re-gional Entity Audits - Experiences, Best Practices and Pitfalls.”

In November 2008, the Nuclear Regula-tion Committee co-hosted a program on Nuclear Export Controls (along with

the D.C. Bar), which featured a panel of speakers that included senior government offi cials responsible for this area from the Department of Energy, the Nuclear Regulatory Commission, the Department of Commerce, and the State Department. The program focused on the licensing and authorization requirements for the export of nuclear equipment, technology and technical data — an area of rapidly growing interest as the nuclear energy industry becomes more and more global. In May 2009, the Committee is hosting a luncheon program entitled “New Reactor Licensing: A Legal Perspective.” The main speaker will be Geary Mizuno, senior counsel with the NRC’s Offi ce of General Counsel and one of the lead NRC attorneys for new reactor rulemak-ing and licensing matters.

During 2008-2009, the Renewable En-ergy and Demand-Side Management Committee organized panel presenta-tions on the need for new transmission infrastructure to support renewable energy for both the Mid-Year and An-nual EBA Meetings. In March 2009, the Committee held a brown bag luncheon - with locations in both Washington, D.C. and Madison, Wisconsin - on the potential for offshore wind energy. The Comittee also assisted the Climate Change & Emissions Committee to organize a program on “green marketing” and trading of renewable energy cred-its which was held in December 2008. Still further, the Committee is working with counterparts in the American Bar Association’s Section of Environment,

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Energy and Resources to plan a June 2009 Alternative Energy Forum in Ann Arbor, Michigan. This half-day program will also be webcast nationwide. Finally, the Committee submitted a detailed year-in-review report for publication in the Energy Law Journal.

On February 10 of this year, the State Commission & Regulation Prac-tice Committee jointly sponsored with the Electricity Regulation & Compliance Committee a Live Meeting/Teleconference to explore the potential impact of the various state renewable portfolio standard (RPS) requirements on new transmis-sion capacity in the Midwestern and eastern states. The vehicle for this discussion was the Joint Coordinated System Planning (JCSP08) study. The JCPS08 study began in late 2007 as collaboration between the Midwest ISO, PJM Interconnection, Southwest Power Pool and the Ten-nessee Valley Authority. The study, which was released a day prior to the EBA-sponsored event, included a reliability assessment focused on 2018, and a separate economic as-sessment with a 2024 focus. During the meeting/teleconference, Ste-phen G. Kozey, Vice President and General Counsel for the Midwest Independent Transmission System Operator, Inc., explained the results of the study and entertained ques-tions. Besides the live attendees in Washington, DC, approximately 35 other callers from around the county participated in this timely event.

The International Energy Law & Transactions Committee sponsored a brown-bag luncheon on October 27, 2008 featuring Michael Caramanis, former Chairman of the Greek Energy Regulator, who made a presentation upon the European Union’s 3rd Energy Package Proposals and efforts to develop

a renewable energy strategy for future implementation. This proposed legisla-tion, with some modifi cations since Mr. Caramanis’ presentation, is expected to be formally approved and to become law in the EU by May. The Committee also prepared a report to be published in the Energy Law Journal which described the above as well as recent actions taken by

the EU to defi ne and adopt a European energy policy, as well as an incentive structure for various renewable genera-tion sources. The report also describes the status of U.S. international energy trade with Canada, Mexico and LNG, and the diffi cult times being experienced by international oil companies in

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developing new petroleum reserves in competition with national companies around the world. Finally, the develop-ment of access and supply systems for electricity in the third world, including particularly the development of African power pools, is described.

The Young Lawyers Committee has been very active this year, hosting a brown bag presentation by the FERC Enforcement offi ce and presentations by industry leaders regarding such topics as alternative careers for energy lawyers. Additional brown bags and presentations are in the works for the coming quarter, and the YLC is collaborating with the Programs & Meeting Committee to offer a FERC Administrative Litigation 101 primer before the EBA annual meeting in April. In addition, the YLC orga-nizes happy hours every other month at popular DC establishments to provide networking opportunities for members of the bar. The YLC also hosted a very popular wine and cheese reception on November 12, 2008 before the EBA mid-year meeting and is planning a happy hour on the eve of the April 2009 primer.

The Alternative Dispute Resolution Committee organized a very well at-tended session for the mid-year meeting on ADR ethics for neutrals and advocates involved in energy disputes. The com-mittee also organized two highly success-ful teleconferences: (1) November, 2008 - “The NERC and Regional Entity Hear-ing and Appeal Process” (co-sponsored with the System Reliability, Planning & Compliance Committee) and (2) Janu-ary, 2009 - “Getting Renewables Projects Built: Overcoming the Barriers, Avoiding and Resolving Opposition and Disputes.” In March the committee organized a session co-sponsored by the Northeast-ern Chapter on “Reducing Confl ict and Bringing Better Decision-Making Processes to New England in the Energy Field.” A submission to the Energy Bar Journal was delivered to report on devel-opments in energy ADR.

The Programs & Meetings Committee and friends designed and organized the Mid-year Meeting held on November 13 and 14, 2008 in Washington. The pro-gram entitled “Shaping Our Energy Fu-ture in the Era of Soaring Global Energy Consumption, Carbon Emissions and Prices” featured luminaries in the fi eld of climate change, including Ambassador Stuart Eizenstat, who was the head of the US delegation to Kyoto, and Professor William Norhaus of Yale University and a leading economist on climate change. The meeting was well-received with such comments as: “excellent panelists cover confl icting perspectives”; “interesting and timely topics”; “cutting-edge speak-ers, good topics”; “fi rst class presenters; very little ‘fl uff’”; and “although I did not expect this meeting to have an ap-plication to my practice (and it doesn’t) it was very thought provoking and informative and time well spent.” At-tendance was strong at 452, representing an increase of 7% compared to the 2007 meeting. The Committee has designed and organized a Primer and the Annual Meeting, April 22 and 23, 2009 respec-tively. The Young Lawyers Committee took a central role in the primer which will cover various aspects of FERC litigation with a practice development orientation. The Annual Meeting will explore the challenges the energy indus-try faces amidst the economic crisis and the administration’s new direction and prospects for legislative change.

The Legislation Committee kicked off the 2008-2009 EBA year with a phone conference meeting in June to develop the Committee’s plan for the coming year. On October 21, the Committee sponsored the well attended panel discus-sion and luncheon, “Energy Legislation on Capitol Hill: Status and Looking Ahead.” Early in 2009, the Legislation Committee drafted its Committee Report for the Energy Law Journal, which it submitted on February 2. Signifi cant contributions to the report were made by

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Committee members Albert Francese, Benjamin Norris, and Stratton Edwards. The Legislation Committee supported and promoted the February 4 legislative event sponsored by the D.C. Chapter of the American Association of Blacks in Energy. The luncheon and panel dis-cussion centered on D.C.’s Clean and Affordable Energy Act of 2008. Legisla-tion Committee member Doug Smith is taking the lead on organizing the leg-islation session for the April 23, 2009 Annual Meeting. The speakers panel is titled, “Legislation Affecting the Energy Sector in the 111th Congress: The First 100 Days and Beyond,” and invited pan-elists include senior congressional staff members.

The FERC Practice and Administra-tive Law Judges Committee continued with the “Meet the Judges” series started in February 2007. This term the com-mittee organized a brown bag with Judge Birchman on October 28, 2008 and is planning another event in the series for the spring of 2009. The committee is in the process of developing a brown bag (or series of them) on FERC’s eTariff fi ling software. The committee also prepared comments, per the EBA Board’s request, encouraging the Offi ce of Personnel Management to permanently exempt incumbent ALJs from an “active status” licensure requirement. The com-mittee fi led the comments on behalf of the Association on September 16, 2008.

Additional programming was pre-sented by the Electricity Regulation & Compliance Committee, the Climate Change & Emissions Committee, the Power Generation & Marketing Com-mittee and the Oil Pipeline Regulation Committee.

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2008-2009 EBA Committee Programs

8/5/2008 - “The Federal Energy Regulatory Commission Offi ce of Enforcement: Who We Are and What We Do,” Young Lawyers Committee

8/26/2008 - “Federal Power Act Sections 203 and 205,” Professional Development Commit-tee

9/22/2008 - “Developments in Generator Interconnection Reform,” Electricity Regulation & Compliance Committee

9/23/2008 - “Carbon Capture and Storage: Can It Be Done and How Will It Be Regulated?,” Climate Change & Emissions Committee

10/2/2008 - “The NERC and Regional Entity Hearing and Appeal Processes: Advice from the Field,” System Reliability, Planning & Compliance Committee and the Alternative Dispute Resolution Committees

10/14/2008 - “Alternative Careers for Energy Attorneys,” Young Lawyers Committee10/21/2008 - “Energy Legislation on Capitol Hill: Status and Looking Ahead,” Legislative Com-

mittee10/23/2008 - “Cyber Security Update and Implications for the Smart Grid,” Electricity Regula-

tion & Compliance Committee 10/24/2008 - “Carbon Emissions Regulation: Cap & Trade Design Issues and Carbon Tax,”

Climate Change & Emissions Committee 10/27/2008 - “Energy Regulation,” Interna-tional Energy Law & Transactions Committee10/28/2008 - “Meet the Judges” Series,” FERC Practice and Administrative Law Judges Committee 11/4/2009 - “Current Issues in US Nuclear Export Controls,” Nuclear Regulation Committee as a co-sponsor with The D.C. Bar’s Interna-tional Trade Committee of the International Law Section and International Committee of the En-vironment, Energy and Natural Resources Sec-tion, and The American Bar Association’s Export Controls and Economic Sanctions Committee 12/11/2008 - “The Impact of the Financial Market Situation on the Electric Power Industry,” Electricity Regulation & Compliance Committee and the Power Generation & Marketing Commit-tee12/16/2008 - “What Every Lawyer Should Know About Buying and Selling Carbon Off-sets and Renewable Energy Credits,” Climate Change & Emissions Committee and Renew-able Energy & Demand-Side Management Com-mittee

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1/21/2009 - “Getting Renewables Projects Built: Overcoming the Barriers, Avoiding and Resolving Opposition and Disputes,” Alternative Dispute Resolution Committee co-sponsored with the American Council on Renewable Energy and Renewable Energy Resources and the Alternative Dispute Resolution Committee of the ABA Section of Environment Energy and Resources

2/10/2009 - “How Much Transmission Will Be Required To Meet State Renewable Portfolio Standards?” State Commission & Regulation Practice Committee and the Electricity Regulation & Compliance Committee

2/12/2009 - “Project Finance 101,” Professional De-velopment Committee

2/17/2009- “Breaking the Link Between Utility Sales and Profi ts,” Electricity Regulation & Compliance Committee

2/20/2009 - “Clean Energy: Opportunities and Chal-lenges in the Current Economy,” Climate Change & Emissions Committee

3/3/20009 - “Reducing Confl ict and Bringing Bet-ter Decision-making Processes to New England in the Energy Field,” Alternative Dispute Resolution Committee, with co-sponsors the EBA’s Northeast Chapter, the International Institute for Confl ict Prevention & Resolution, and the Energy & Telecommunications Law Committee of the Boston Bar Association

3/16/2009 - “Offshore Wind: Regulatory Issues and Opportunities for Development,” Renew-able Energy and Demand-Side Manage-ment Committee

3/25/2009 - “Careers in Federal and State Electricity Practice,” Young Lawyers Committee3/26/2009 - “The American Recovery and Reinvestment Act of 2009: What’s in it for Genera-

tors?” Power Generation and Marketing Committee3/31/2009 - “Addressing Reliability Impacts of Wind Generation,” EBA System Reliability,

Planning & Compliance Committee4/7/2009 - “Regulatory Assurances for New Liquid Pipelines, Ethanol Pipeline Jurisdiction &

Carbon Dioxide Pipeline Jurisdiction,” Oil Pipeline Regulation Committee

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Annual Report of the Foundation of the Energy Law Journal

The Foundation of the Energy Law Journal (Foundation or FELJ) had a productive, successful year, making continued progress on all of its key goal areas including the commitment to the excellence of the Energy Law Journal (Journal), interaction with our two sister organizations, the Energy Bar Association (EBA) and the Charitable Foundation of the Energy Bar Association (CFEBA), interaction with the University of Tulsa, and a successful planning and hosting of the annual reception for the FERC administrative law judges.Financially, the year was somewhat challenging for the Foundation, in large part because of the economic turmoil affecting everyone in the second half of the year. The FELJ’s income statement is shown below, for Calendar 2008, the Foundation’s fi scal year:

Revenue exceeded budget by 6.8 percent, but expenses exceeded budget by 19.4 percent—primarily be-cause of an increase of 77.9 percent in the cost of printing and mailing the Journal. This level of ex-cess expense over revenue is not unusual for the Foundation, and is typically funded by the Foundation’s substantial investment balance. However, in addition to the operating shortfall, as with many portfolios, this year saw an unrealized paper loss of $289,787 (29.6 percent) in the FELJ investment portfolio value, leaving investment principal of $688,071. By comparison, the Dow Jones Industrial Average declined by 34 percent over the same period. As may be seen from the income statement, the balance of investment principal signifi cantly exceeds the annual operating shortfall.The Foundation has worked aggressively this year to maintain the quality of its contribution to the bar while re-ducing both its cost and its environmental impact. Both “green” and cost cutting measures have been implemented, including the use of recycled paper in printing the Journal, and the implementation of the “opt out” measure, whereby

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EBA members can elect to rely on the electronic version of the Journal, rather than receiving a printed copy. The circulation of the Journal — before the “opt out” — was about 2,900 domestically and internation-ally, and the printing/mailing of the hard copies is the FELJ’s largest operating expense. Initial response to the “opt out” opportunity has cut approximately 15 percent of the hard copies, and it is expected that this number will expand, thus achieving both a signifi cant cost saving and a mitigation of environmental impact. The Journal itself has continued to expand and improve under Bob Fleishman and Harvey Reiter’s outstanding leadership of the Journal’s outstanding practitioner editorial board. Volume 29.2, published in November 2008, was, at 500 pages, the largest ever. Its timely and topical articles and reports ranged from the nuclear “renaissance” to an analysis of hydrokinetic energy co-authored by now-FERC Chair Jon Welling-hoff. More recently, the upcoming Volume 30.1 will include Ambassador Stuart Eisenstat’s evaluation of the U.S. role in climate change, reprising his excellent keynote address at the November EBA Midyear Meeting.

The ALJ reception is the Foundation’s primary revenue raising event through-out the year, allowing EBA’s membership to express its appreciation for the work of the administrative law judges at FERC. The Foundation appreci-ates the continued loyal support of the many law fi rms that sponsor the fête. As may be seen from the fi nancial statement above, this past year’s recep-tion exceeded its revenue budget by 17.4 percent, while essentially coming in right on budget for expenses. The result was an improved contribution to the FELJ’s bottom line. Advertising revenues, contributions, and royalties are also important to the Foundation’s fi nancial health, and the Foundation has suc-cessfully reached out to more

potential advertisers through the efforts of the Journal’s Business Manager, Glenn Benson.Organizationally, FELJ formalized its standing committee structure this year to offer greater opportunities for participation by board mem-bers in the business and leadership positions of the Foundation. There has also been very effective collaboration and working together this year with EBA and CFEBA, especially in addressing organizational issues that have come up with revisions to the tax reporting laws. There has been good communication between the Foundation and the University of Tulsa Law School, whose students serve on the student editorial board, with former Dean Robert Butkin having returned as a faculty advisor this past year, and a new Dean of the Law School having been selected. One of the higher-profi le interactions with Tulsa, the Mogel Intern Program, continues to be a success. Two Mogel interns were selected internally at the Tulsa law school and will once again be coming to Washington in the summer of 2009 to work at the Senate Energy and Public Works Committee. The feedback the Foundation has received from previous recipients of the Mogel internship has been tre-mendously positive. The Foundation also presents an Award for Editorial Excellence, when merited, to an outstanding student on the editorial board. Overall, the Foundation is pleased with its progress for the past year. In the face of the ongoing severe fi nancial pres-sure faced by all such organizations, the Foundation has been able to expand activities, expand the size and breadth of the Journal, and—through measures such as “opt out” and the use of recycled paper, contract somewhat the economic and environmental cost of our activities. The Foundation is grateful for the support of EBA and the EBA membership, and we look forward to continuing to publish the Nation’s foremost energy law review.

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Overview of the CharitableFoundation of the Energy Bar Association

The Charitable Foundation is engaged in energy-related charitable projects and community service, through fi nancial contributions and volunteer services of members of the Energy Bar Association and others. The Foundation is a non-profi t organization formed under Section 501(c)(3) of the Internal Revenue Code. The year 2008-2009 marked the Foundation’s sixth full year of operation.

The Charitable Foundation’s Board meets monthly. The day-to-day work of the Foundation is conducted by its offi cers, directors and committees, with valuable assistance from the staff of the Association. It standing committees are the Charitable Grants Committee, the Charitable Ser-vice Projects Committee, the Fundraising Committee, the Communications Committee, the Schol-arships and Internships Committee, the Gala Event Committee, the Golf Event Committee, the Budget and Finance Committee, the Legal Committee, and the Chapters Advisory Committee. Each of these committees is either staffed by, or operates under the oversight of, one or more members of the Board. Committee membership is also open to members of the Association.

Foundation Fundraising: Gala and GolfThe Charitable Foundation of the Energy Bar Association held its Annual Gala Fundraising Re-ception at the Capital Hilton, in Washington, D.C., on November 13, 2008 in conjunction with the Association’s Mid-Year Meeting. The event was attended by 230 people, 5% more than last year, and was sponsored by ten fi rms.

A highlight of the event was the presentation to Paul Nordstrom’s widow Dr. K. Henry of the fi rst Paul Nordstrom Service Award, which was awarded to Paul posthumously. FERC Acting Chair-man Jon Wellinghoff, who had participated in a CFEBA service project earlier in the year, spoke about the contributions of the CFEBA. Also present at the gala were Commissioners Suedeen Kelly and Philip Moeller, and representatives of past and current CFEBA grant recipients the Ar-lington Academy of Hope, the Fisher House Foundation, and My Sister’s Place.

Gala attendees enjoyed hors d’oeuvres and cocktails while shopping at the silent auction, which included diverse items such as Redskins tickets and a magnum of vintage port. The festive evening included entertainment by Slo Joe and the Qwank. Band members Joe Nipper of APPA and Russell Wasson of NRECA donated their services at the Gala to the CFEBA. The 2008 Gala raised a record $19,820 (net of costs) from sponsors, attendees, the silent auction, and the sale of stuffed animals. Stuffed animals that were not sold at the Gala were donated to My Sister’s Place, an organization and emergency shelter to support women and children who are survivors of domestic violence. A special thanks to Michele Duehring of the EBA for coordinating the Gala Committee’s efforts this year.

The Foundation held its Fifth Annual Fundraising Golf Tournament on May 2, 2008, the day fol-lowing the EBA’s Annual Meeting. The event was held at Westfi elds Golf Club in Clifton, Vir-ginia. The tournament was a success with $10,050.53 raised from sixteen generous sponsors and 47 golfers. Participants represented various segments of the energy industry including lawyers, consultants, and energy company employees.

The Sixth Annual Fundraising Golf Tournament will be held on April 24, 2009, in conjunction with the EBA’s Annual Meeting. The tournament will again be held at Westfi elds Golf Club in Clifton, Virginia.26

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Net Worth - As of 4/8/2009

As of 4/8/20094/8/2009

Account Balance ASSETS

Cash and Bank Accounts Citibank Checking 36,461.07

Citibank Money Market 131,384.16 Six Month CD - 871 27,813.19 Six Month CD - 881 27,898.30

TOTAL Cash and Bank Accounts 223,556.72 TOTAL ASSETS 223,556.72

LIABILITIES Other Liabilities Outstanding Obligations 150,000.00 TOTAL Other Liabilities 150,000.00 TOTAL LIABILITIES 150,000.00

OVERALL TOTAL 73,556.72

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Charitable Grants

The Foundation provided more than $93,000 in charitable grants during the year. The awards refl ect the Foundation’s goals to mitigate long-term energy burdens as well as assist short-term need. The Foundation again awarded grants to organizations across the country and around the world, and in several instances leveraged its contribution by partnering with other entities for match grants. Grant recipients included the following organizations:

54th Street Apartments, Inc. – for energy-effi cient appliances to be installed in eight apart- ♦ments designed for wheelchair-bound persons. The apartment building in Washington, D.C., which was constructed in partnership with the U.S. Department of Housing and Urban Development (HUD), was vacant due to a funding shortfall at HUD that prevented the purchase of appliances. The Foundation’s grant enabled the building to open and im-mediately provide homes to eight families.Mudzini Kwetu girls orphanage – to repair and replace a solar battery and panel system, ♦which enabled the Mtwapa, Kenya orphanage to self-supply its electricity. EBA member Howard Shafferman brought this proposal to the Foundation.Fisher House Foundation – to offset its energy needs. The Fisher House Foundation ♦provides temporary housing in all regions covered by EBA chapters for families who are visiting wounded soldiers recovering in military hospitals. DonorsChoose.org – to aide three elementary students in high poverty schools located ♦in Texas and Florida learn about energy. One class will build small-scale wind turbines; another will build solar-powered cars; the third will build seven different solar-powered machines. Students this year and in years to come will fi nd power in learning.Foundation for the Carolinas – for energy assistance to low income families living in the ♦Carolinas. Duke Energy and Piedmont Natural Gas matched the CFEBA’s contribution for a total net effect of doubling the grant amount.Aid to Distressed Families of Appalachian Counties – for energy assistance to low income ♦families in Anderson, Campbell, Claiborne, Morgan, Roane and Scott counties in Tennes-see.Rural Renewable Energy Alliance – to provide solar air heating systems to low income ♦families in Northern Minnesota, South Dakota, and Wisconsin. These systems can reduce household heating load by 10-30% which reduces or eliminates need for government fuel assistance for decades.Dollar Energy Fund (Pennsylvania, New Jersey, New York, West Virginia) – for energy ♦assistance to low income families living in Pennsylvania, New Jersey, New York, and West Virginia. The Foundation’s contribution will be matched by the 21 utilities that part-ner with the Dollar Energy Fund so that the net effect is to double the grant amount.Best Kids, Inc. – to offset its energy needs. Best Kids trains and actively supports mentors ♦who work with children who reside in group homes or foster care in Washington, D.C.’s Abuse and Neglect System. EBA member Tracey Steiner brought this proposal to the Foundation.

A special thanks to Meredith Berger Chambers, Earle O’Donnell, and Michael Stosser, co-Chairs of the Charitable Grants Committee, as well as committee member Glen Howard, for their efforts in identifying worthwhile organizations for the Foundation to support.

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Name Location Chapter Sponsor Amount/Date1. Aid To Distressed Families Of

Appalachian Counties TN/KY (Appalachia) $10,000 11/2004

$ 7,500 11/2005$10,000 4/2007$10,000 11/2008

2. AMEN (Arlingtonians Meeting Emergency Needs)

VA $ 7,500 11/2005$ 7,750 3/2007

3. American Red Cross-Cannonball Trail Chapter (Greensburg, Kan-sas Relief)

KS Midwest Chapter $ 5,000 12/2007

4. Arlington Academy Of Hope, Inc. (Uganda School)

East Africa (Uganda) $12,500 3/2007

5. Best Kids, Inc. DC, MD $ 2,500 3/2008$ 5,000 3/2009

6. Capital Hospice VA, DC, MD Northeast Chapter $ 6,500 5/20077. Comprehensive Energy Assis-

tance Program (Integration of all LIHEAP funded programs)

TX $ 7,500 12/2007

8. Dollar Energy Fund PA, NJ, WV, OH Northeast Chapter $ 500 5/2007$ 3,700 4/2008$10,000 3/2009

9. Donorschoose.org National / All Regions $ 1,400 3/200910. Fisher House Foundation National / All Regions $10,000 11/2007

$10,000 11/200811. Foundation for the Carolinas NC Southern Chapter $10,000 12/200812. The Good Samaritan Fund (Il-

linois LIHEAP)IL Midwest Chapter $ 3,000 9/2006

13. Massachusetts Good Neighbor Fund

MA Northeast Chapter $ 3,700 4/2008

14. Grassroots Crisis Intervention Center, Inc.

MD $10,000 12/2007$20,000 Pledged

15. Habitat for Humanity - DC DC $ 5,000 11/2004$ 5,000 11/2004$ 7,500 11/2005$ 5,000 6/2008

16. Habitat for Humanity – New Orleans Area

LA New Orleans Chapter $20,000 3/2007

17. Habitat For Humanity - Northern Virginia

VA $ 5,000 11/2004$ 7,000 6/2007$ 5,000 2/2008

18. Jewish World Watch (Solar Cooker Project for Darfur refu-gees in Chadean camps)

Central Africa (Chad) $ 5,000 11/2007

19. Los Angeles Unifi ed School District

LA Western Chapter $ 3,000 1/2007

20. My Sister’s Place DC $95,000 Pledged / Escrowed

21. Mudzini Wetu (Kenyan Orphan-age)

East Africa (Kenya) $ 8,900 11/2008

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CFEBA DONATION LIST(From inception through March 2009)

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Name Location Chapter Sponsor Amount/Date22. National Center For Appropri-

ate Technology (Energy Assis-tance Referral) - Project NEAR (LIHEAP)

National / All Regions Midwest Chapter $10,000 11/2004$10,000 5/2006$10,000 5/2007

23. Northern Tool + Equipment (Hur-ricane Katrina Relief)

LA, AL, MS $32,870 9/2005(2 distributions)

24. New Jersey Shares, Inc. NJ Northeast Chapter $ 7,500 11/2005$ 3,700 4/2008

25. Regional Food Bank NENY (Northeast Food Bank)

NY Northeast Chapter $ 5,000 12/2006

26. Operation Fuel CT Northeast Chapter $ 5,000 4/2007$ 1,000 4/2008

27. The Phoenix Society National / All Regions $11,000 11/2005$10,000 10/2006

28. Project Hope (Tsunami Relief) Indian Ocean Tsunami (11 Countries)

$25,000 2/2005

29. Rural Renewable Energy Alli-ance (Solar Facilities)

MN $10,000 3/2009

30. Samaritan Inns DC $23,000 3/200731. Serve, Inc (Securing Emergency

Resources through Volunteer Efforts)

VA $ 5,000 11/2004$ 7,500 11/2005$ 7,500 10/2006$ 5,000 3/2008

32. Ruth Walter Chungba Primary School in Tibet (The Shenpen Fund (donation made through the Machik Association in DC)

Tibet $10,000 11/2005$10,000 10/2006

33. Volunteer Centers Of California CA Western Chapters $ 5,000 3/2008

34. Washington Center For Intern-ships And Academic Seminars

DC $15,000 11/2004$15,000 11/2005$11,500 9/2007

35. 54th Street Apartments DC $28,178 3/2009

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Chapters & CFEBA: Partneringfor a Greater Good

The Charitable Foundation is committed to partnering with the EBA chapters in fundraising and funding worthy charities in each of the Chapter’s regions. Events at the Chapter level help fulfi ll the chari-table mission of the Charitable Foundation. This year or in recent years grants and fundraising activities have occurred in each of the Chapter’s regions.The recent experience of the Southern Chapter provides a notable example of how the Chapters and the Charitable Foundation can work together for the greater good. The Southern Chapter identi-fi ed the Foundation for the Carolina as a worthy cause. The Foun-dation of the Carolinas provides assistance to low income families and individuals in paying their utility bills. The grant provided by the Charitable Foundation was matched by grants from the Duke Energy Foundation and Piedmont Natural Gas, with the result that the funds the Charitable Foundation directed for energy assistance to help the needy in the several southern states served were doubled. As another example, in 2009, the Western Chapter continued its multi-year tradition of holding a wine auction on the evening before its annual meeting and again was successful in raising funds for the Charitable Foundation. The Charitable Foundation has drafted a set of near fi nal guidelines to assist the Chapters in the planning and execution of their fund raising and charitable events. The guidelines draw on the experi-ence over the years of chapter fundraising and charitable events and are designed to aid the Chapters in arranging appropriate fundrais-ing events.The Charitable Foundation will continue in its outreach efforts to work with the Chapter on raising funds from, and identifying worthy charities in, all regions.

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The CFEBA sponsored internships for law students at the Federal Energy Regulatory Commission and the U.S. Department of Energy in the Summer of 2008:

• Scott Johnson, a second-year law student at American University, did an 11-week internship at FERC.

• David Frenkil, a fi rst-year law student at American University, completed a 10-week internship at the Department of Energy in Washington, D.C.

• Christina England, a fi rst year law student at Vanderbilt University, did an eight-week internship with the the Department of Energy in Chicago.

The CFEBA has voted to sponsor several legal internships at regulatory agencies in the summer of 2009, including for the fi rst time at state regulatory commissions:

• Anna Skubikowski, a second year student in the joint program between Vermont Law School and the Yale School of Forestry and Environmental Studies, received the internship position at FERC.

• Kara Wanstrath, a fi rst-year law student at DePaul Uni-versity University School of Law in Chicago, will do an internship at the Illinois Com-merce Commission.

• Hayley Williamson, a second-year student at Vermont Law School, will intern at the California Public Utilities Commission.

The Scholarships and Internships Committee is currently evaluating options for providing ad-ditional scholarship or internship opportunities in 2009.

Foundation Sponsored Interns Learn About Energy Law

Page 34: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

Serv

ice

Day

s

34

The two most recent CFEBA-sponsored „build days‰

with Habitat for Humanity were a great success. On

November 1, 2008, over twelve EBA members and

friends volunteered at the Northeast DC site. We had

people working on roofs, installing down spouts, and

hanging siding. The weather was wonderful. On April

4, 2009, at the Northern Virginia (Fairfax) site, over

twenty EBA members and friends showed up - one of

our larger turn-outs.

The job for the day

was framing of walls

on all floors of a new

condo complex. The

weather again was

great but with a little

wind, which made the

actual installation of

the walls on the third

floor impracticable.

Energy lawyers bang-

ing hammers to nails makes for quite a sight but nev-

ertheless, members have repeatedly found service

days to a lot of fun, personally rewarding, and a great

opportunity to learn new skills and work with fellow

members to support the community.

Page 35: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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Page 36: Energy Bar Association Foundation of the New Orleans Chapter Serving New Orleans, Louisiana. EBA’s two city chapters, New Orleans and Houston, are its oldest regional outposts. Because

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