August 2017
Sustainable Energy Initiative  Update

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Introducing: Collaborative Conversations
An Opportunity to Learn AND Contribute

This fall, the Sustainable Energy Initiative (SEI) at GW Law kicks off its new Collaborative Conversations series. Rather than the largely one-way flow of information from a typical seminar, this unconventional format is intended to further thought, discussion, and creative, collaborative solutions around emerging legal and regulatory issues by leveraging the expertise of members of industry, government, and academia. Through a format of short presentations, highly engaged participants, and extended but fast-paced discussion periods, under Chatham House Rule, SEI hopes that participants with differing views will develop a deeper understanding of complex problems and find common ground. (The Chatham House Rule permits the content of discussions to be used, but without attribution or reference to the identity or affiliation of any participant). While respecting the Chatham House Rule, but with attribution to the GW Law Collaborative Conversations forum (please!), participants are urged to speak and write about the ideas generated at Collaborative Conversation sessions, as will the SEI staff and students, in order to move ideas into actions.  All are welcome to participate.
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Collaborative Conversations:  Microgrid Regulation...Or Not? 
September 14, 2017

The first session of the new Collaborative Conversations series will be held on the morning of September 14 and will address microgrids.  A microgrid is a group of interconnected loads and distributed energy resources with clearly defined electrical boundaries that acts as a single controllable entity with respect to the grid. Microgrid proponents identify reduced emissions, improved energy efficiency, and increased reliability and resiliency as among the benefits that wider deployment of microgrids can bring to the grid. 

On September 14th, Collaborative Conversations takes up the issue of whether and what regulations are needed, or not, as microgrids seek to enter the market in larger numbers. Microgrids occupy a multi-faceted position in the market: they are providers of distribution service to their interconnected customers and also may also provide services to the grid and take service as the customer of an interconnected utility. Regulations, many of which were developed without consideration of microgrids, can create barriers, such as by unnecessarily barring participation in a particular market, or causing an undue burden.  But regulation may be needed in some circumstances, for example to protect consumers that have unequal bargaining power or to address costs that are imposed on non-participants. And regulations can provide certainty as to the rights and obligations of various parties, and thereby facilitate investment and participation. 

The relationships between the microgrid and its customers, its interconnected utility, that utility's other customers, and the wholesale market are all areas in which there are differing views on the appropriate balance between the free operation of market forces and regulation. As the cost-effectiveness of microgrids continues to improve and opportunities for deployment increase, there will be a greater need for regulators at the federal, state, and local level to make difficult decisions about whether and how microgrids will be regulated and their costs and benefits will be allocated. This session provides an opportunity for stakeholders to suggest appropriate scope and considerations.

There is no charge for registering but pre-registration is required and registration is limited.  Reserve your space now by clicking here.  Because registration is limited, please notify [email protected] at least 48 hours in advance if you withdraw, so that your seat may be reassigned.

Last year, the law school was the fortunate recipient of grant money that enabled us to hold a reception for energy law alumni, students and other friends of GW Law. The event, billed as the Energy Law Connector, was designed to further our students' professional connections as well as provide an opportunity for energy law alumni to network. Those of you who attended may recall the name tags color-coded with dots and stars that helped attendees identify people with similar backgrounds and interests. While a bit corny, that gimmick helped jump-start a number of conversations (and was also the basis for the grant) and the student and alumni feedback after the event was very positive.

SEI would like to make the Energy Law Connector an annual event. But in an era when the needs of our law students demand every available cent, sponsorships are needed to make this happen. Would a group of alumni or a law firm or two be interested in sponsoring a similar event? Please contact Donna Attanasio, [email protected] to discuss.

In early August, GW Law and the University of Groningen launched their sixth joint program, which will span the 2017-2018 academic year. This year, nine students from Groningen and six students from GW Law will work on understanding and comparing the legal and regulatory environments of the US and the European Union as they affect four emerging areas: power-to-gas technology, battery storage, smart grid, and cross-border markets for renewable energy credits or certificates (RECs). The initial meeting in Washington DC will be followed by two semesters of working together remotely, before the students reconvene next May, in Groningen, to present their final work.
The scope of this joint program varies based on the students' projects and includes instructional components as well as the students' individual research. "The breadth of the students' interests always makes it challenging to develop an appropriately supportive instructional program," according to Donna Attanasio, Senior Advisor for Energy Law Programs and GW Law adjunct professor. "The wider community of GW Law alumni and friends are invaluable in helping us meet the students' needs year after year, and that was certainly the case this year." Ms. Attanasio has worked closely with program director Associate Dean Lee Paddock on the US portion of the program since 2014.   
This year, a particular challenge was the topic of power-to-gas. This technology is being used in Europe to convert electricity produced from renewable resources during periods of low demand into hydrogen or methane, which is stored and then used as fuel to produce electricity during peak periods of demand. As such, it is considered a form of energy storage, and one that helps enhance the security of gas supply in Europe. But with the United States' abundant natural gas production, there is less work being done in the US on power-to-gas technology, making resources for the students more difficult to find. A project being conducted by Southern California Gas Company, a subsidiary of Sempra, and the University of California, Irvine, with funding from the US Department of Energy, seemed to offer the most promise for study as a US model.

Connecting students in Washington D.C. to a program in California could have been difficult. But, the GW Law alumni network proved once again to be a potent resource. Sempra General Counsel, Martha Wyrsch, J.D. '86, kindly provided an introduction to the Sempra program leads, Jeffrey Reed and Matt Gregori. Messrs. Reed and Gregori gave an excellent presentation of their work, remotely, that included discussion of the science and engineering behind the technology, the market issues, and the policy considerations. Their outstanding presentation thoroughly addressed the students' questions in this newly emerging area.
GWU has its own rich resources for sustainability learning, which were also tapped for the Groningen program. Professor Saniya LeBlanc of the GW School of Science and Applied Engineering welcomed the students to her laboratory where she described her work harnessing the thermo-electric properties of nano-materials. The students also toured the net-zero home and office of Scott Sklar, the President of The Stella Group and an adjunct professor in GW's Sustainable Urban Planning Program. Professor Sklar explained and displayed multiple examples of how solar technologies, often combined with battery storage or a fuel cell, provide sustainable solutions in both developed and developing countries. 
GWU's Office of Sustainability provided a tour of the combined heat and power plant that powers two of GWU's most power-hungry buildings, Ross Hall (part of GWU's School of Medicine & Health Sciences) and the Science and Engineering Hall (SEH), and of the green attributes of SEH, a Gold LEEDs building. Meghan Chapple, Director of the GWU Office of Sustainability, spoke to the students about GWU's direct purchase of 50% of its electricity needs from a solar facility in North Carolina and the role of the associated RECs in that transaction.
The US electric system's multi-jurisdictional governing structure was well illustrated through visits with federal, state, and local governing bodies. At the District of Columbia Public Service Commission, the students learned about the DC renewable energy program, including how renewable energy credits support achievement of DC's sustainability goals, and its grid modernization program. Presenters included GW Law alumnus, Kenneth Hughes, JD '94, an attorney with the DC PSC. At the Federal Energy Regulatory Commission, the students gathered in one of the hearing rooms to hear Dr. Carl Pechman provide a historical perspective on electric grid regulation and explain current federal initiatives and the scope of FERC jurisdiction. Edward Yim, Associate Director, District of Columbia Department of Energy and the Environment, discussed the city's clean energy goals and the programs that have been undertaken to achieve them.
The August program also included a presentation from Matt Roberts, Vice-President of the Energy Storage Association, on battery storage and the policy issues surrounding storage in general. The students received introductory classroom instruction on US and EU energy law from GW Law Adjunct Professor Donna Attanasio and University of Groningen Professor Martha Roggenkamp (respectively). 

The students' final work will be presented in Groningen in May 2018.
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Faculty and Staff Updates

Professor Robert Glicksman published four books this summer:

In addition, Professor Glicksman's most recent articles and blog post are:
Professor Glicksman made the following presentations:
Professor Emily Hammond published "Stranded Costs and Grid Decarbonization" (with Jim Rossi) in a symposium edition of the Brooklyn Law Review and has forthcoming "Agency Behavior and Discretion on Remand" with Professor Glicksman and "Public-Private Partnership
Opportunities for Water and Water Resource Recovery Utility Energy Projects," written
pursuant to a grant from the Water Research Foundation.  On behalf of the Center for Progressive Reform Member-Scholars, Professor Hammond drafted a letter to the U.S. House Committee on the Judiciary and a blog post concerning H.R. 2887, the "No Regulation Without
Representation Act."

Professor Hammond was quoted in Scientific American and various other media outlets on a
variety of issues concerning the Trump administration's approach to administrative law. She
served as a commentator at the Second Annual Administrative Law New Scholarship
Roundtable, a panelist on the Pathways to Tenure panel for the AALS New Law Teachers'
Workshop, and a panelist for the D.C. Bar Association's Administrative Law Year in Review.
She presented her research on decarbonization policy and the electricity sector at UT-Austin
and Florida International University. Along with collaborator Allison Macfarlane (Elliott
School), she held a workshop on public participation in nuclear decision-making consisting
of attendees from the public, private, and nonprofit sectors. She also serves as member of
the ABA Section of Administrative Law and Regulatory Practice Scholarship Award
Committee.

Visiting Associate Professor and Environmental Program Fellow, Caitlin McCoy, and Lee Paddock, Associate Dean for Environmental Studies, authored the chapter, "New Buildings" in Dernback, John and Gerrard, Michael, eds. Legal Pathways to Deep Decarbonization in the United States. Environmental Law Institute Publishing, forthcoming 2018.

Ms. McCoy has also been working with the International Coalition for Sustainable Aviation, a consortium of national and international environmental Non-Governmental Organizations working to address aircraft CO2 emissions and noise. ICSA works with the United Nations International Civil Aviation Organization (ICAO) on economic and environmental analysis in the sector, modeling and forecasting, and most recently, the development of the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). Ms. McCoy has joined the Global Market-Based-Measure Task Force (GMTF) as a legal expert, consulting on the enforceability of the Standards & Recommended Practices being created to implement the CORSIA. She attended the week-long GMTF/11 Meeting at ICAO Headquarters in Montreal, Canada in June 2017 and will attend additional events over the next year, including the meeting of the Steering Group for the ICAO Committee on Aviation Environmental Protection in September 2017.

Dean Paddock's recent presentations reflect the global nature of the environmental and energy law field:

Donna Attanasio, Senior Advisor for Energy Law Programs and Professorial Lecturer in Law, participated as:

The third volume of the Department of Energy's Modern Distribution Grid report was published in June 2018. The co-project managers for the work were Paul De Martini, Newport Consulting, and Jeffrey Taft, Pacific Northwest National Laboratory (PNNL), who together with Laura Wang and Rick Geiger were the primary authors of the report. Project leads were Joseph Paladino and Merrill Smith of the U.S. Department of Energy. Ms. Attanasio was among those on the core team that provided review and guidance. The three volume set can be accessed here.
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Upcoming Events

September 14, 2017: GW Law's Sustainable Energy Initiative will present "Collaborative Conversations: Microgrid Regulation ... Or Not?" at GW Law School, Foggy Bottom, Washington DC. There is no charge for registering but pre-registration is required and registration is limited. Reserve your space now by clicking here. Because registration is limited, please notify [email protected] at least 48 hours in advance if you withdraw, so that your seat may be reassigned.

October 16-17, 2017: The Energy Bar Association's 2017 Mid-Year Energy Forum brings together one and a half days of top level sessions on all aspects of energy law. Attendees will include attorneys, energy professionals, and students active in all areas of energy law, including antitrust, international energy transactions, legislation and regulatory reform, electric utility regulation, alternative dispute resolution, finance and transactions, and environment and public lands at federal, state, and international levels. Each year, the EBA Mid-Year Energy Forum welcomes 400 attendees and will be approved for MCLE credit and ethics credit. Dates: Monday, October 16, 2017 - 12:00pm to Tuesday, October 17, 2017 - 8:30pm. Location: Renaissance Downtown Hotel 999 Ninth Street NW Washington, DC 20001. For more information and to register, see the EBA website.

November 10, 2017: Save the date and check back soon for announcement of another Collaborative Conversation session.

Do you know a GW Law alumnus or alumna who does NOT receive the SEI Update newsletter?  Please let us know. Our alumni database has over 700 members identified as working in the energy sector and we'd like to keep all of you connected.

 

Newsletter circulation is not limited to alumni! We value every member of our community and welcome your thoughts and ideas about our work, our newsletter and our program, including suggestions of others who should be added to our mailing list. Questions and comments can be directed to  Donna Attanasio .

For more information on the GW Law Sustainable Energy Initiative, 
please click here.


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