2025 NATIONAL CONFERENCE OF REGULATORY ATTORNEYS

Professional Growth in the City of Oaks

Raleigh, North Carolina — May 11-14, 2025


General Information

List of Speakers/Bios

List of Attendees

Hotel/Area Information


Agenda


Sunday, May 11 2025 - Marriott Residence Inn

1:30pm - 5:00pm Registration at Residence Inn (Red Bird Meeting Room)
2:00pm - 2:45pm NCRA Alumni Meeting (Red Bird Meeting Room)
2:45pm - 3:30pm NARUC Staff Subcommittees on Law and Administrative Law Judges Meeting (Red Bird Meeting Room)
3:30pm - 5:00pm Optional Introductory Session: Tour through Public Utility Law
An introductory 1.5-hour tour of the entire body of the substantive law of utility regulation: its foundations, structure, intersections, and frontiers. With this mental “file cabinet,” newer attorneys can identify legal subjects deserving more study, and veteran attorneys can structure their mentoring efforts.
Scott Hempling, Attorney at Law
Regulating Public Utility Performance: The Law of Market Structure, Pricing and Jurisdiction
5:00pm - 7:00pm Welcome Reception (10th & Terrace Rooftop Restaurant)

Monday, May 12 2025 - Raleigh Convention Center (Room 402)

8:00am - 5:00pm Registration at Convention Center
Breakfast on your own. Hot breakfast available at the hotel for those staying at the Residence Inn.
8:30am - 9:00am Welcome and Opening Remarks
Sam Watson, General Counsel, North Carolina Utilities Commission and 2025 NCRA President
Opening Remarks by Commissioner Floyd B. McKissick North Carolina Utilities Commission
9:00am - 10:00am Session 1: “Justice” in Utility Regulation: What Can We Learn from Pope Francis and Milton Friedman, from our Statutes and our Constitution?
An examination of how economic regulation, and government economic regulators, can advance or impede progress in bringing economic justice to infrastructural industries — industries on which lives, and the nation’s economy, depend. The session covers justice principles (including the writings of Pope Francis, John Rawls, and Milton Friedman), classic economic principles, constitutional clauses, and regulatory statutes. Attendees will consider whether economic regulation, when conducted by legislators, regulators, and courts, has any obligation to produce just results; and if so, what “just results” means.
Scott Hempling, Attorney at Law
Economic Justice in the Regulation of Infrastructural Industries: What is the Role of Law?
10:00am - 10:15am Break
10:15am - 11:15am Session 2: Let’s Talk About Fair Market Value
James Cawley, Attorney at Law Former Chairman, Pennsylvania Public Utility Commission
A focus on the Fair Market Valuation (FMV) of municipal water and wastewater systems, with a particular emphasis on their acquisition by large public utilities, and an exploration of the growing trend of legislation championed in over a dozen states addressing the FMV of these systems, providing key insights into the complexities, challenges, and implications of such acquisitions.
Let's Talk About Fair Market Value
11:15am - 12:15pm Session 3: NAESB 101
The North American Energy Standards Board (NAESB) is an American National Standards Institute (ANSI) accredited, non-profit 501(c)(6) corporation formed with the support of the U.S. Department of Energy (DoE) more than 30 years ago as an industry forum for the purpose of developing voluntary business practice standards designed to promote more competitive and efficient natural gas and electric markets. The organization’s history of successful standards development has been made possible with the strong support of the DoE, the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), the National Association of Regulatory Utility Commissioners (NARUC), and state utility commissions, among many other governmental agencies at both the federal and state level.
Jonathan Booe, Executive Vice President & Chief Administrative Officer, North American Energy Standards Board
NAESB 101
12:15pm - 1:30pm Buffet Lunch
1:30pm - 2:15pm Session 4: The Washington Report
A summary of recent legislative, administrative agency, and Presidential activities affecting State utility commissions and the utility industry.
James Bradford “Brad” Ramsay, General Counsel National Association of Regulatory Commissioners (NARUC)
2:15pm - 3:15pm Session 5: Legal Ethics Jeopardy Returns — Now with 100% MORE Footnotes
An entertaining focus on State utility commission attorneys’ ethical obligations, representing their own commissions and practicing before others.
Sam Brumberg, Vice President, Regulatory Affairs & General Counsel Virginia, Maryland & Delaware Association of Electric Cooperatives
Legal Ethics Jeopardy Returns
3:15pm - 3:30pm Break
3:30pm - 4:15pm Session 6: Nuclear Update: Small Modular Reactors, Co-located Load
This session will take a close look at emerging opportunities for the development of new nuclear resources, in light of recent regulatory developments and anticipated economic activity, as well as several cases working their way through the federal courts that could impact the landscape for the development.
Charlotte A. Mitchell, Partner, McGuireWoods LLP Former Chair, North Carolina Utilities Commission, Moderator
Matthew Price, Executive Vice President and General Counsel Constellation Energy Corporation
Price Slides
Jerry Bonanno, Deputy General Counsel, Nuclear Energy Institute
Bonanno Slides
E. Brett Breitschwerdt, Partner, McGuireWoods LLP
Breitschwerdt Slides
4:15pm - 5:00pm Session 7: BIAS in Federal Law: Four Decisions in 10 Years on Whether Internet Service is Information Service or Telecommunications
An exploration of the major agency and court decisions over the last decade regarding broadband internet access service (BIAS), and its regulation by the Federal Communications Commission (FCC) as either an information service or a telecommunications service under federal law, and whether the FCC may impose nondiscriminatory net neutrality rules.
Joeseph Witmer, Attorney at Law
Net Neutrality Decision Documents
5:30pm - 8:00pm Dinner at Residence Inn (Red Bird Meeting Room)

Tuesday, May 13 2025 - Raleigh Convention Center (Room 402)

8:00am - 1:00pm Registration at Convention Center
Breakfast on your own. Hot breakfast available at the hotel for those staying at the Residence Inn.
8:30am - 9:30am Session 8: Bulk Electric System Reliability: Roles and Responsibilities
Reliability of the bulk electric system is a team effort. From developing and enforcing standards, launching resource adequacy initiatives, and resource planning and siting, keeping the lights on requires a multilayered approach of coordination and collaboration. Panelists will share their reliability roles and responsibilities, offer insight around the significant changes occurring across the electric industry, and explore efforts to address near-term and long-term reliability challenges.
Jon Tauber, Director, Enforcement and Legal SERC Reliability Corporation, Moderator
Holly Hawkins, General Counsel, SERC Reliability Corporation
Hawkins Presentation
Michael Kessler, Assistant General Counsel Midcontinent Independent System Operator (MISO)
Kessler Presentation
Chris Ayers, Executive Director North Carolina Utilities Commission — Public Staff
Ayers Presentation
9:30am - 10:30am Session 9: Practice Before an Administrative Law Judge
Panelists will share helpful pointers from their experiences acting as and appearing before administrative law judges, from witnesses to professionalism to insights into the decision-making process.
Bridgette Frazier, Administrative Law Judge Arkansas Public Service Commission, Moderator
Elizabeth H. Barnes, Deputy Chief Counsel, Law Bureau Pennsylvania Public Utility Commission
Nicholas Walstra, Senior Utilities Examiner Public Utilities Commission of Ohio
Josh Sundt, Senior Staff Attorney North Carolina Utilities Commission
ALJ Panel Discussion
10:30am - 10:45am Break
10:45am - 11:45am Session 10: Character and Ethics for Commission Staff Attorneys
As public servants, attorneys at public utility commissions are particularly expected to engage in the highest ethical conduct and act with utmost professionalism. This panel will explore the ethical duties and responsibilities of government attorneys, particularly commission attorneys, as they advise and appear before commissioners charged with looking out for the public interest.
Henry Walker, Partner, Bradley Arant Boult Cummings LLP Former General Counsel, Tennessee Public Service Commission, Moderator
Kenneth Townsend, Professor, Wake Forest Law School Executive Director of Leadership and Character in the Professional Schools
Rick Simpson, Partner, Wiley Rein Adjunct Professor, UNC Law School
11:45am - 12:15pm Session 11: Rapid Growth of Data Centers
A focus on efforts to address the rapid growth of data centers — especially those supporting Artificial Intelligence, the resulting increase in electricity demand, the impact on utility costs, and the effect on existing utility customers.
Lisa R. Youngers, Legal and Regulatory Consultant
Lucas Fykes, Director of Energy Policy, Data Center Coalition
Nanette Edwards, Partner, Burr & Forman, LLP
12:15pm - 1:10pm Boxed Lunch
1:00pm - 5:00pm Explore/Dinner On Your Own

Wednesday, May 14 2025 - Raleigh Convention Center (Room 402)

8:00am - 1:00pm Registration at Convention Center
Breakfast on your own. Hot breakfast available at the hotel for those staying at the Residence Inn.
8:30am - 9:30am Session 12: Regulatory Options to Combat the Spreading Risk of Wildfires
Wildfires are becoming more common across the nation, from the East to the West Coast and areas in between. State legislatures and public utility commissions are exploring the use of wildfire mitigation plans to combat the increasing risk of damage due to wildfires caused by power lines and ultimately reducing costs to the utility and its customers.
Michael Grant, Administrative Law Judge Oregon Public Utilities Commission
Regulatory Options to Combat the Spreading Risk of Wildfires
9:30am - 9:45am Break
9:45am - 10:45am Session 13: The Universal Service Fund at 28: Navigating Its Legacy, Future, and Impact on State Telecommunications Regulation
The Federal Communications Commission (FCC) established the Universal Service Fund (USF) in 1997 pursuant to the Telecommunications Act of 1996 to subsidize telephone service for customers in rural, low-income, and high-cost regions, and more recently has expanded the fund to support broadband universal service. This panel will explore what we have accomplished, where we are, and where we are headed with USF.
Mignon Clyburn, Principal, MLC Strategies, LLC Former Chair, Federal Communications Commission, Moderator
Nanette Edwards, Partner, Burr & Forman, LLP
Joeseph Witmer, Attorney at Law
Douglas Meredith, Economic Advisor, John Staurulakis, LLC (JSI)
Carlton Lewis, Chief Executive Officer, Horry Telephone Cooperative
Presentation Materials
10:45am - 11:45am Session 14: Gas-Electric Coordination
Since the cold weather event in the Southwest in 2011, efforts have been undertaken to consider increased coordination between the electric and natural gas industries. At the request of the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC), a further industry effort was made through the NAESB Gas-Electric Harmonization Forum after 2021’s Winter Storm Uri and 2022’s Winter Storm Elliott. This panel will provide an update on progress made as a result of these efforts to prevent future power outages and lost lives.
Andrew Tubbs, President & Chief Executive Officer Energy Association of Pennsylvania
Matthew Agen, Chief Regulatory Counsel, Energy American Gas Association
Brian J Fitzpatrick, Principal Fuel Supply Strategist PJM Interconnection
Fitzpatrick Presentation
Charlotte A. Mitchell, Partner, McGuireWoods LLP Former Chair, North Carolina Utilities Commission
Mitchell Presentation
Gas-Electric Coordination
11:45am - 12:00pm Closing Remarks/Adjourn