Tennessee Valley Public Power Association

Legal Conference
Feb. 11-12, 2010 Register online with TVPPA Make your hotel reservations: Embassy Suites Hotel 1200 Conference Center Drive Murfreesboro, TN 37129 615.890.4464 TVPPA room rate: $135 single/double ends Jan. 21. Use the link above or call 615.890.4464 and use TVPPA online group code "PPA" to make hotel reservations. IMPORTANT: The hotel will hold the TVPPA room block until Thursday, January 21. Early reservations are encouraged, since the room block could sell out prior to January 21. Reservation requests received after January 21 will be confirmed on a rate- and space-available basis.		WHY ATTEND A TVPPA CONFERENCE?

Thursday, Feb. 11 Embassy Suites hotel guests receive a complimentary, cooked-to-order breakfast.
7:30 AM	Registration
8:30 AM	FIRST GENERAL SESSION Shannon Littleton, Esq., Presiding Chairman, TVPPA Legal Section Attorney, Lenoir City, TN, Utilities Board
8:30-9:15 AM	Cyber Security Reliability Standards and Compliance— and The Smart Grid Wild Card Electric utilities increasingly rely on computer information systems to operate their power plants, transmission and distribution systems and to maintain all important “situational awareness.” With this increased reliance, however, comes increasing vulnerabilities to system incursions and disruptions, from disgruntled employees, garden variety hackers, and even terrorist organizations and covert operations of national governments. Cybersecurity is therefore now a front burner issue for the industry, with FERC, DOE, DHS, NERC and Congress all involved. This already complicated problem promises to become even more so with widespread Smart Grid installations. Sue Kelly, General Counsel for APPA, will discuss developments in this area, and APPA’s efforts on the legislative, regulatory and educational fronts to assist its members in dealing with these new vulnerabilities.
9:15-10:00 AM	Developments on Collective Bargaining Agreement Enforcement In a declining economy and an increase in unemployment, employees develop a greater sensitivity to asserting claims and rights under their local union bargaining agreement. Jay Elliott, a member of the Chattanooga office of Miller & Martin, will review recent developments on various employee work claims that could confront unionized rural electric cooperatives and municipal electric systems that have entered into bargaining agreements or memoranda with local unions.
10:00-10:15 AM	Refreshment Break
10:15-11:00 AM	Hot Topics in Employment Law Even employers which are not subject to collective bargaining agreements are subject to a number of regulatory requirements under state and federal law. Both unionized and non-unionized employers are facing a record number of workplace claims and lawsuits as a result of increasing unemployment and adverse economic conditions. Kara Shea of the Nashville office of Miller & Martin will address a variety of recent legal developments which employers and their legal counsel should be aware
11:00-Noon	Climate Change – What's Happened, Where Are We Going and When Will We Get There? Multiple pressure points continue to be placed upon utilities and other carbon-intensive industries, either by international organizations, the U.S. Congress, the Federal Environmental Protection Agency, state Attorneys General and nongovernmental organizations to force reductions in greenhouse gas emissions. In whatever form reductions may be mandated, ordered or adopted, financial consequences for all utilities and their customers will be far-reaching. Other regulated industries will be similarly affected. Upcoming requirements will affect expansion and investment plans for new or modified power plants and manufacturing facilities. Graham Holden, a previous speaker to the TVPPA Legal Conference will review the regulatory developments and other events occurring since last year, along with the consequent legal implications of anticipated carbon regulation.
Noon	*Luncheon*, hosted by Distributors Insurance Company
1:15 PM	SECOND GENERAL SESSION Albert Marks, Esq., Presiding Vice Chairman, TVPPA Legal Section Attorney, Cumberland Electric Membership Corp.
1:15-2:15 PM	SEPA Allocation Portability and Cumberland River Hydro Rehabilitation When Paducah Power System and Princeton Electric Power Board terminated their contracts with TVA, the SEPA hydropower allocation historically received by TVA for the benefit of Paducah and Princeton became a matter of discussion. Because SEPA did not have a portability process for the allocations assigned to Paducah and Princeton upon choice of another power supplier, the parties had to develop a process. Leon Jourolmon and Herb Nadler will discuss the matter of SEPA allocations, the portability question, and how that was contractually handled from SEPA’s standpoint. Wayne Gildroy, Assistant General Counsel for TVA, similarly had to determine how that matter was to be contractually resolved inasmuch as TVA’s contracts are only with SEPA and not directly with distributors with respect to delivery of the SEPA power. In addition, there will be a report on the prospects of repairs to be made on the Cumberland system and the anticipated contractual arrangements for bearing those costs.
2:15-3:00 PM	Whose Water Is It? The Tug-Of-War Among Conservation, Development, and Hydropower As water becomes a more precious resource, litigation continues to spawn among those who claim first right to water usage. Lewis Jones, attorney for several Atlanta governmental bodies in the “Tri-State Water Wars,” will discuss the legal and procedural issues in the federal litigation between Alabama, Georgia and Florida.
3:00-3:15 PM	Refreshment Break
3:15-3:45 PM	TVA Regulation of Distributors Under the TVA Act and the Wholesale Power Contract From the very early days of TVA’s power sales, the wholesale Power Contract between TVA and distributors has contained provisions to help assure the lowest feasible rates that will provide adequate revenues for both the TVA system and each distributor, including both resale rate provisions and provisions governing how distributors may use funds derived from the resale of TVA power. Always a timely topic, TVA Assistant General Counsel John Kernodle will address the essential provisions of the TVA Act and the TVA wholesale Power Contract that govern TVA’s regulation of distributors, including those provisions that address distributor’s excess or inadequate receipt of revenues from ratepayers, rate changes and adjustments, and distributor use of revenues.
3:45-4:30 PM	Use of Utility Revenues – A State Regulator’s Perspective Although distributors of electric power are often focused on the provisions of the TVA wholesale power contract regarding use of revenues, the public policy of Tennessee and other states also address how municipal utilities are restricted as to how that they may use revenues received from ratepayers in calculating the cost to serve those ratepayers and how municipal utilities may in turn spend those revenues. Dennis Dycus will discuss the role of states in that process. (Download Dennis' Presentation)
4:30-5:15 PM	Handling Suburban Demands for Aesthetic Construction While underground construction of electric lines is desirable from both an aesthetic and reliability standpoint, it is expensive compared to overhead line construction. Jim Cope, retained General Counsel for Middle Tennessee Electric Membership Corporation, will review the litigation between MTEMC and the City of Franklin, Tennessee that arose out of efforts of the City to require MTEMC to put its facilities underground and MTEMC’s actions in response.
5:30-6:30 PM	*Reception*

Friday, Feb. 12
8:15 AM	THIRD GENERAL SESSION Shannon Littleton, Esq., Presiding
8:15-9:00 AM	Legislative Developments in Washington With declining economic conditions and increasing demands for funding federal programs together with other factors such as efforts to advance stricter environmental laws and more stringent regulation of financial institutions, the 111th Congress has become the most contentious session of Congress for several decades. As the TVPPA legislative representative in Washington, DC, Deborah Sliz has vigilantly followed these developments urging members of the House and Senate to consider the impact upon TVPPA distributors caused by potential adverse legislation. She will report on the status of developments and anticipated changes in the law.
9:00-9:45 AM	Seven States Power Corporation Progress As Seven States Power Corporation continues developing the contractual relationship between TVA, the distributors of power, and resolving the nature of the legal structure, it continues to operate the Southaven, Mississippi power plant in the process as a Generation and Transmission Cooperative for municipal and cooperative distributors as a Lessor to TVA. Jack Simmons (left) and Mark Smith (right) will discuss both practical and legal ramifications as the project moves forward.
9:45-10:00 AM	Refreshment Break
10:00-10:45 AM	Anatomy of a Complex Eminent Domain Case The Metropolitan Government is constructing a new convention center in the downtown area of Nashville. Arranging for and planning to provide utility services for a large construction project or development can be a very challenging set of circumstances. Attorney Gerry Neenan, as special counsel for Nashville Electric Service with regard to that particular project, will describe both the project, his and NES’ approaches toward solutions, and implications of recent statutory changes that must be considered as part of the eminent domain process.
10:45-11:30 AM	Topic and presenter to be announced
11:30-12:15 AM	Emerging Trends in Utility Liability Cases As trial and claims counsel for Distributors Insurance Company, Larry Cash has observed the trends that come and go in liability claims asserted against utilities. He’ll discuss newly emerging theories in liability cases.
12:15 - 1:30 PM	*Lunch* (on your own)
1:30 PM	FOURTH GENERAL SESSION Albert Marks, Esq., Presiding
1:30-3:00 PM	Ethics Program – Lawyer Professionalism – Avoiding Disciplinary Violations as In-House Counsel or a Private Practitioner Whether serving as a full-time in-house counsel or as a private practitioner representing a utility, the attorney must be sensitive to ethical developments that address the changing nature of law practice. James A. Vick, of the Tennessee Board of Professional Responsibility in Nashville, will address issues affecting the scope of the attorneys’ ethical responsibilities, including multi-disciplinary and multi-state practices. Mr. Vick formerly served as Assistant Commonwealth Attorney in Kentucky.
3:00-3:15 PM	Refreshment Break
3:15-4:45 PM	Ethics (Continued)
4:45 PM	*Adjourn*