April 7, 2016: BLS Public Utility Law Institute

The Public Utility Law Committee of the NYSBA Business Law Section is pleased to present its:

2016 Public Utility Law Institute

Energy Summit Slider

Co-Sponsored by: Environmental Law Section | Local and State Government Law Section

April 7, 2016

9:15am – 4:05pm
Registration and breakfast: 8:30am

New York State Bar Center
One Elk Street, Albany, NY 12207

6.0 Total MCLE Credits: 4.0 in Areas of Professional Practice; 2.0 in Ethics and Professionalism
This program is not transitional and therefore is not suitable for newly-admitted attorneys (admitted 24 months or less). Credit applies in New York State; to apply for credit in other states, contact the CLE Board in the appropriate jurisdiction.

Attend this full-day institute to stay up to date on current issues in public utility law . Hear from top practitioners in the field, and learn about the issues that affect your practice.

We are pleased to be joined by Diane X. Burman, Department of Public Service Commissioner, as our keynote luncheon speaker.

General Registration: $115*
Section Member: $90  (Member of the Business Law Section or one a co-sponsoring Section--Local and State Government Law or Environmental Law)

*Not a member of the Business Law Section?  NYSBA members can join for just $25.  (Join online or call 800-582-2452.)

> Register online

Or register by calling the NYSBA Member Resource Center at 800-582-2452 (M-F, 8am-5pm). Please reference event code BU2200AP16.


8:30am | Registration and continental breakfast
9:15-9:20am | Welcome and introductions
9:20-10:10am | Decision on Verizon FOIL Request
10:10-10:25am | Refreshment break
10:25am-12:05pm | State and Federal Jurisdiction Issues
12:05-1:15pm | Lunch (provided), Keynote: Diane X. Burman, Department of Public Service Commissioner
1:15-2:05pm | Break-Out Sessions (choose one)
    Breakout A: Clean Power Plan
    Breakout B: FCC Broadband Decision
2:05-2:20pm | Refreshment Break
2:20-4:00pm | Ethics
4:00-4:05pm | Closing remarks

Topics and Speakers:

Decision on Verizon FOIL Request

There have been recent developments in the interpretation and application of New York’s Freedom of Information Law. This Panel will explore these recent developments and what they mean for lawyers and parties seeking access to information in PSC proceedings and those seeking to protect commercially sensitive information from disclosure.


  • Mary Krayeske (Moderator), Con Edison
  • Joe Post, Deputy General Counsel - NY, Verizon
  • Richard Berkley, Executive Director, Public Utility Law Project of New York, Inc.
  • George Pond, Partner, Barclay Damon, LLP
  • Robert Freeman, Executive Director, Committee on Open Government, NYS Department of State

State and Federal Jurisdiction Issues

In the current session, the U.S. Supreme Court has taken three cases challenging state and federal energy initiatives —  FERC v. Electric Power Supply Assn., the Order 745 Case decided  January 25, 2016, plus  PPL Energyplus v. Nazarian and PPL Energyplus v. Hanna (consolidated by the Supreme Court as Hughes v. PPL Energyplus, LLC).  The Panel will address whether at the end of the present Supreme Court session there will be clear guidance for the appropriate roles of federal and state regulators in the 21st century energy industry or whether the current uncertainty will persist, leading state and federal regulators to skirmish over emerging energy issues. The Panel will also address the implications of these scenarios for various constituents and stakeholders.


  • David Lodemore (Moderator), Senior Counsel, National Grid USA
  • Elias Farrah, Partner, Winston & Strawn LLP
  • David Drexler, Acting Managing Attorney, Department of Public Service
  • Erin Murphy, Partner, Bancroft PLLC
  • Larry Eisenstat, Partner, Crowell & Moring

Clean Power Plan (Breakout A)

Discussion of the Clean Power Plan, the recent Supreme Court decision on this and how it affects New York.


  • Jeffrey Greenblatt (Moderator), Senior Counsel Regulatory, PSEG Long Island LLC
  • Kevin Healy, Partner, Bryan Cave
  • Jared Snyder, Deputy Commissioner, Air Resources, Climate Change and Energy, DEC
  • Michael Myers, Chief, Affirmative Litigation Section, Environmental Protection Bureau, Office of the Attorney General
  • Justin Gundlach, Climate Law Fellow, Sabin Center for Climate Change Law, Columbia Law School

FCC Broadband Decision (Breakout B) 

Broadband expansion is an interest in New York shared by many municipal and state agencies and would fall under the rubric of redefining broadband as a telecommunications service subject to Federal Title II regulations.  What the states will struggle with is how far we can take broadband “regulation” considering that the service remains wholly interstate (federal) and there are specific areas where the FCC recently determined forbearance - including rate regulations.  More specifically, the state’s (and the Commission’s) interest is in where the line is between our mandate to “encourage the deployment” of broadband under 14 USC 1302 and “regulation” as the FCC defined it in the Open Internet Order declaring broadband a Title II telecommunications service. 


  • Keith Roland (Moderator), O'Connell & Aronowitz
  • Peter McGowan, Chief Policy Advisor, Department of Public Service
  • Andy Klein, Partner, Klein Law Group, PLLC
  • Michael Santorelli, Director, Advanced Communications Law & Policy Institute, New York Law School


Lobbying Act, Public Officers Law, & Current New York Compliance Issues: An Overview of Limitations and Disclosure Obligations

Speaker: Mark Glaser, Partner, Greenberg Traurig, LLP

Questions about this program? 

Contact Kathy Plog at (518) 487-5681 or businesslaw@nysba.org.

DISCOUNTS AND SCHOLARSHIPS: New York State Bar Association members and non-members may receive financial aid to attend this program. Under this policy, anyone who requires financial aid may apply in writing, not later than ten working days prior to the program, explaining the basis of his/her hardship, and if approved, can receive a discount or scholarship, depending on the circumstances. To apply, please contact: Stephanie Bugos, New York State Bar Association, One Elk Street, Albany, New York 12207 or sbugos@nysba.org.