Future of Demand Response in Electricity Markets

Future of Demand Response in Electricity Markets: Implications of EnerNOC v. EPSA, REV, and more

On October 26th from 6:30 PM – 8:00PM, the Guarini Center on Environmental, Energy and Land Use Law and Latham & Watkins LLP held a panel discussion about potential consequences of EnerNOC v. EPSA, REV and more for the future of demand response programs. The event was held at NYU School of Law, Faculty Library (3rd Floor), Vanderbilt Hall.

Speakers:

Michael Gergen (’92), a partner in Latham & Watkins LLP’s Washington, D.C. office, is a member of the Energy Regulatory and Markets Practice as well as the Project Finance Practice.

Mr. Gergen has extensive experience developing practical applications of economics, finance and regulatory law to assist clients involved in the electric, natural gas and other network industries in the United States and internationally. Mr. Gergen represents entities involved in electric generation, transmission and distribution, natural gas transportation, storage and distribution, electric and natural gas marketing and trading, and finance, as well as international governments and financial institutions. Mr. Gergen also assists clients regarding federal and state financing support and incentive programs for clean energy technologies, products and services.

Mr. Gergen has assisted clients on a wide range of transactional, controversy, policy and legislative matters and has represented clients both in commercial negotiations and before various federal and state regulatory agencies, including the Federal Energy Regulatory Commission and various state public utility commissions, and numerous federal and state courts and arbitral bodies. Mr. Gergen also has served as an economist for an investor-owned public utility, as well as an economic consultant for a state energy commission.

Mr. Gergen is listed as a leading energy attorney in Who’s Who Legal and in Chambers USA, which describes him as having “developed a positive reputation in the industry as ‘a quick, clever and creative lawyer.’” He has given a variety of speeches on energy regulatory and policy matters. He is a member of the Federal Energy Bar Association and the American Bar Association. Mr. Gergen was selected for inclusion in The Best Lawyers in America 2012 as a recommended attorney in Energy Law. Mr. Gergen is an Adjunct Professor of Law and is a member of the Board of Advisors for the Institute for Policy Integrity at the New York University School of Law.

Kimberly Harriman is General Counsel, New York State Department of Public Service. Mrs. Harriman has worked in the energy field for 15 years, both in government and in private practice, representing the public and clients on a range of energy-related issues.  At the Department she is the General Counsel responsible for a team of 25 attorneys and has primary responsibility for providing legal counsel to the Public Service Commission and the Department regarding regulation of the electric, gas, steam, water, telecommunications, and cable industries.

Before assuming the General Counsel role, she was an Administrative Law Judge (ALJ) presiding in major utility rate cases and other proceedings involving regulated utilities.  In addition, she served as settlement judge in complex multi-party rate case negotiations.

She recently worked as Senior Counsel to the Moreland Commission on Utility Storm Preparedness and Response.  Shortly thereafter she was assigned to work on the restructuring of the Long Island Power Authority (LIPA) and worked with a team to develop and implement the Department’s new oversight responsibility with respect to LIPA.

Prior to becoming an ALJ, Kim worked as the Assistant Secretary for Energy in Governor Paterson’s office where she assisted in the development of policy on a variety of energy issues affecting New York.  Before joining the Paterson Administration she served as an assistant counsel at the Department of Public Service where she was responsible for major rate case litigation, siting of electric generating facilities, prudence proceedings, development of retail access policy, and coordination and oversight of federal energy legislation.

Kim has also worked for the law firms of Cohen, Dax and Koenig and Couch White, where she represented developers and owners of electric generation and large industrial clients.

She received her Bachelor of Arts from Siena College and her law degree from Albany Law School.  She is on the Board of Directors for Women in Communications and Energy, and she resides in the Albany area with her husband and three children.

Richard B. Miller (’87),  is currently an Assistant General Counsel in the Regulatory Services Department at Con Edison. He has held a variety of positions at Con Edison overseeing legal and policy issues concerning federal energy policy, demand response, energy efficiency and electric operations. From 1998-2003,  he was Senior Vice-President for Energy at the New York City Economic Development Corporation (where he oversaw City energy policy). Prior to 1998, he was an energy regulatory attorney for Cohen, Dax & Koenig in Albany, New York, and a litigation associate at Cohen, Weiss and Simon and Sullivan & Cromwell in New York City.  He is a graduate of Amherst College and New York University School of Law.  He has written articles on energy policy that have been published in the Energy Law Journal and Public Utilities Fortnightly.  On a personal note, he lives in New York City and uses a bicycle as his primary form of transportation, bicycling approximately 4500 miles annually.

Emilie Nelson is the Vice President of Market Operations for the New York Independent System Operator (NYISO), which operates New York’s high­ voltage transmission system,manages the state’s wholesale electricity markets, and conducts comprehensive power system planning.

Ms. Nelson started her career in power generation and joined the NYISO in 2004. During her time at the NYISO,she has held various roles in market monitoring, energy market design, and the operation of wholesale electricity markets. In her current position, Ms. Nelson is responsible for NYISO’s Installed Capacity Market Operations, Demand Response Operations,and Operations Performance and Analysis departments.

Ms. Nelson earned a Bachelors of Science in Mechanical Engineering from Tufts University and a Masters of Business Administration from Pace University.

John P. Reese is Senior Vice President at US Power Generating company, where he is responsible for regulatory and government affairs, development, and environmental compliance for a portfolio currently including 2000 mw of generation in New York City.

Prior to USPG, he served as Senior Policy Advisor and Executive Deputy to the New York Public Service Commission working on the creation of NY’s Renewable Portfolio Standard program and previously served as a Vice President of regulatory/market issues for Orion Power/Reliant Energy, a portfolio of renewable and fossil generation. Mr. Reese also served as Senior Technical Advisor to the US Department of Energy, Office of Energy Efficiency and Renewable Energy from 1994 – 1998.

Mr. Reese is a graduate of Pennsylvania State University and has a Masters Degree in Business Administration from Sage College.

David L. Schwartz is a partner in the Finance Department of Latham & Watkins LLP’s Washington, D.C. office. He serves as global Chair of the Energy Regulatory and Markets Practice, is a member of the Project Finance Group, and is Co-chair of the firm’s Global Energy – Power Industry Group. He has extensive experience representing entities involved in electric generation, transmission and distribution, electric and gas marketing and trading, and gas transportation and distribution.

Mr. Schwartz has been active in the formation of the developing electricity markets in the United States; led transactional and regulatory teams in mergers and acquisitions and divestitures of energy companies and assets; litigated contract, rate and transmission access disputes; and drafted federal and state energy legislation. He also has extensive experience in negotiating power purchase and sale agreements, electric transmission agreements, natural gas transportation agreements, energy management agreements, and electric and gas interconnection agreements.

Mr. Schwartz regularly advises clients on energy matters before the Federal Energy Regulatory Commission (FERC), various state public utility commissions, the US Department of Justice (DOJ), the Federal Trade Commission (FTC), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC) and the Department of Energy (DOE).

Mr. Schwartz is consistently recognized as a top energy attorney in Corporate Counsel Magazine, Best Lawyers in America, Who’s Who Legal: Energy, Chambers USA, Chambers Global, and The Legal 500 US, which recently selected him as a “Leading Lawyer” for his transactional energy practice.

Mr. Schwartz is a member of the American Bar Association and has held leadership positions in the Energy Bar Association.