Energy Law & Policy Course

EPIC offers a three (3) credit Energy Law and Policy course every fall, which focuses on the electricity and natural gas industries. [Download course syllabus]

Course Description

Energy is the lifeblood of the modern economy. Its production, conversion, and consumption affect nearly every aspect of our lives. Recognizing the increasing importance of energy and its role in global climate change, this course introduces students to the legal, regulatory, and environmental concepts relevant to the changing electricity and natural gas industries in the U.S. The course examines the historical and legal origins of energy regulation and ratemaking and provides an introduction to the natural gas and electrical industries, including basic terms and concepts, regulatory trends and emerging issues. The course will explore the rise of competition in both industries and will cover California’s energy crisis of 2000-2001 and its aftermath, and trends in renewable and distributed electricity generation. Students also will examine the rapidly evolving regulation of greenhouse gas emissions in California.

Day and Time

Energy Law and Policy will be offered on Thursdays from 6:00 pm to 8:50 pm.

Location

LRC 113 .

Instructors

Carrie Downey, Law Offices of Carrie Anne Downey.

Glen Sullivan, Retired Sempra Energy

Course Requirements

• Student in-class presentation (10% of final grade)
• In-class, closed-book final exam (90% of final grade)

Course Text and Packet

The course will use Energy Law in a Nutshell and an Energy Law and Policy course packet of selected class discussion materials and primary reference materials.

Student Presentations

Teams of 3-5 students (depending on the total number of students in the course) will research and present a summary of a selected energy law or policy issue or case study relevant to the class discussion. We have presented a list of possible topics below. Teams must select a topic by September 6th. Each team will have 30 minutes to present their material and take questions. Teams should focus on the relevant legal and policy aspects of their topic. As mentioned above, this presentation will account for 10% of the grade. Possible topics for the in-class presentations include:

Federal and State Roles in Transmission Siting (Oct 4)
Liquefied Natural Gas (LNG) (Oct 11)
Status of Direct Access in California (Oct 18)
Resource Adequacy in California (Oct 25)
Cap and Trade v. Carbon Tax (Nov 8)
Renewable Portfolio Standard/Renewable Energy Credits (Nov 15)

Course Topics

The following provides a brief summary of the topics covered in each class and the instructor for the class. Several industry-expert guest speakers will also be presenting during the course of the semester.

I. COURSE INTRODUCTION

Aug 23: Course Introduction/Energy Issues Overview
Scope and organization of the course, overview of the energy business, current trends and issues in energy law and policy.

II. INTRODUCTION TO ENERGY REGULATION

Aug 30: Origins of Regulation
Historical origins of regulation, landmark American cases, legal concepts of regulation, regulatory objectives, market failures, limitations on regulation, and introduction to administrative law.

Sept 6: Role of the Regulators
Role of state and federal regulatory agencies, administrative practice and procedure, judicial review, and research techniques specific to energy regulatory information.

Sept 13: Introduction to Ratemaking
Principles of rate regulation, rate base, rate of return, performance-based ratemaking and market-based alternatives.

III. ELECTRICITY AND NATURAL GAS: LANDMARK STATUTES AND ORDERS

Sept 27: Introduction to Oil and Gas

Units of measurement, industry structure, current regulatory framework, key cases.

Sept 20: Introduction to Electricity

Basic terminology, stakeholders and structure of the electricity industry, units of measurement, technology basics, current sources and alternative, historical development of the electric utility, current regulatory structure.

Oct 4: Evolution of Electricity Regulation

History of electricity regulation, review of key legislation, cases, and administrative orders.

Oct 11: Evolution of Natural Gas Regulation
Transition from command and control to competition in the natural gas industry.

IV. DEREGULATED ELECTRICITY: THE CALIFORNIA ENERGY CRISIS

Oct 18: California’s Energy Crisis
Review of California’s restructuring plan (AB 1890), summary and analysis of factors contributing to California’s energy crisis of 2000-2001, and the immediate aftermath of the crisis.

Guest Speaker: Jan Smutney-Jones, Executive Director, Independent Energy Producers Association

Oct 25: California’s Energy Crisis: The Aftermath
Review of how California regulators and legislators responded to the energy crisis and the current market structure.

V. CLIMATE CHANGE: REGULATORY AND MARKET SOLUTIONS

Nov 1: Climate Change: An Overview of Legal and Policy Topics

Review of international, federal, and state activities regarding climate change, developments in California.

Guest Speaker: Ken Alex, Supervising Deputy Attorney General in the Environment Section of the California Attorney General's Office.

Nov 8: Discussion with Guest Speaker

Interactive discussion on contemporary climate change and energy issues in California.

Guest Speaker: John Geesman, Commissioner, California Energy Commission

Nov 15: Climate Change: Market Based Solutions
Cap and trade mechanisms, carbon tax, carbon offsets, and renewable energy credits.

[No Class on Nov. 22 due to Thanksgiving Holiday]

VI. RENEWABLE AND DISTRIBUTED ENERGY RESOURCES

Nov 29: Efficiency, Demand Response, Renewabs, and Distributed Generation
Review of current issues and trends in the energy industry including renewable energy, distributed generation, demand response, and energy efficiency.

See the USD School of Law Course Information site for more information on class schedules and registration.