1. Dr. Jonathan Raab, Raab Associates, Ltd. and MIT
Using 3rd Party Neutrals to Assist Stakeholders to Formulate New Energy Related Policies and Resolve Energy Related Disputes in the Northeast
Dr. Jonathan Raab, Raab Associates, Ltd. and MIT
March 3, 2009
The Northeast Chapter of the Energy Bar Association Day Pitney LLP--One International Place, Boston

4. Spectrum of ADR Energy Applications
Upstream
Downstream
Broad Policy Development
(e.g. strategies to encourage new sources or markets)
Complex
Disputes
Contractual
Disputes
Facility (Re) Licensing)
Dispute Settlements
Rulemaking to Implement Policies
Exchange of Information on Energy Issues with the Public
Adjudicatory Proceedings to Apply Rules
Interested
Parties
Fewer
Many

6. RGGI (Regional Stakeholders)
Major Northeast Electricity Related Matters Using 3rd Party Neutrals:( )
NEDRI RI VT MA
New England
RGGI (9 States)
PJM Contract Disputes
RES (GHG)
NTA DG
LICAP/FCM
RGGI (Regional Stakeholders)
Restructuring Roundtable
Cape Wind
CONSENSUS SEEKING
MEDIATION
CONSENSUS BUILDING
FACILITATION
UPSTREAM
Forming Policies & Laws
DOWNSTREAM Applying Policies & Laws

7. NE Electricity Restructuring Roundtable
Substance
Unique forum to discuss “current” restructuring issues in New England.
Process
109 Roundtables held so far! Have been meeting 6-10 times a year for 15 years in Boston.
Roundtable averages over 100 participants per session, with listserv of over 1,500 New England stakeholders.
Sponsored by 25 organizations, run by Raab Associates hosted at Foley Hoag offices
2/13/09 Roundtable on “Integrating Electric Vehicles into a Smarter Electric Grid” drew 175 people and panel included FERC Commissioner, Better Place, Northeast Utilities, Xcel Energy, UofDE Prof—Blogged on NY Times Energy Page

8. Cape Wind Process Substance
Proposal to build largest offshore wind project in the world in MA—130 windmills, 400 MW.
Developed stakeholder process NOT to seek consensus but to better prepare organizations to participate in formal environmental impact statement process run by Corps of Engineers.
Explored substantive issues and stakeholder perspectives.
Process
Hosted by MA Technology Collaborative, facilitation team led by Raab Associates.
Stakeholder group of 24, plus resource group of 25 state/federal agencies, academics, and others.
7 full day meetings: October 2002 to June 2004

9. PJM Contract Disputes (Mediation/Arbitration)
Substance
Disputes between members and PJM, or among members on a wide rang of contractual, tariff, and other business disputes.
Process
Time-constrained mediation required for all disputes.
If mediation does not successfully resolve dispute, binding arbitration is required for disputes valued at less than $1 million.
PJM maintains a list of qualified mediators and arbitrators. Raab Associates has mediated four cases for PJM and its members.

10. New England Demand Response Initiative (NEDRI)
Substance
Developed 38 major recommendations for incorporating demand response into retail and wholesale markets in New England.
Covered short-term price-responsive load, retail pricing and metering strategies, reliability-driven DR, and longer-term energy efficiency investments.
Process
Included representative from 45 state and federal agencies, suppliers, consumers, and environmental organizations.
Met for 19 days in plenary session in 2002 and the first half of
2003
Joint project with the Regulatory Assistance Project, which
managed the technical consulting effort and Raab Associates,
which managed the stakeholder process.
Funded by US EPA, US DOE, ISO-New England, the New York ISO, and the Energy Foundation

11. Regional Greenhouse Gas Initiative-(RGGI) Substance Process
Developed a greenhouse gas cap and trade system for electricity sector in 10 Northeast and Mid-Atlantic states
Reduces GHG emissions by 10% by 2020, allows for offsets, and establishes a public benefits fund.
Process
Raab Associates designed and ran 24-member regional stakeholder group to provide “advice” and act as “sounding board” for states.
Meanwhile, states negotiated MOU in separate, parallel process, signed in December 2005 by seven states (NY, NJ, VT, NH, CT, DE, and ME) and later joined by MD, RI, and MA.

12. Rhode Island Renewables
Energy Standard RI RES (GHG)
Substance
RES (RPS) requires 16% of all electricity sold in Rhode Island to come from renewable energy resources by 2020.
RI PUC regulations specify all the details after RI Legislation which is one of 52 options from 2002 RI GHG Plan developed by Stakeholders to meet NE Governors’/Eastern Canadian Premiers’ 2010 and 2020 GHG targets.
Process
RI PUC develops regulations through negotiated rulemaking process.
Over 15 parties, Raab Associates mediated
Agreed on 41 page report including draft regulations
Resolved all but a very few issues, that were decided by PUC before issuing final rules in December 2005.

13. VT Non-Transmission Alternatives
Docket 7081 (VT NTA)
Substance
VT PSB opens docket to develop new transmission planning and implementation process that fully evaluates non-transmission alternatives in a timely manner and on an even-handed basis (least cost IRP for the transmission system)
Process
Dozen parties, mediated by Raab Associates
Over 20 meeting days 2005/2006
MOU among all parties but one, and a few small Munis

14. Massachusetts Distributed
Generation (MA DG)
Substance
MA DTE collaborative to generate interconnection standards, polices, and procedures that would be uniformly applicable to all Distribution Companies
March 2003 filed detailed interconnection standards report and interconnection tariff.
Collaborative continued and filed follow up report in June 2006.
Process
22 Stakeholders from industry, distribution companies, governmental and quasi-governmental agencies, customers, and public interest groups
MA Technology Collaborative hosted, Raab Associates mediated. First phase: half year, 12 plenary meetings and working groups.

15. Substance Process NE Locational Installed Capacity
/Forward Capacity Market (LICAP/FCM)
Substance
FERC required changes to New England capacity market that would provide better incentives to maintain existing capacity and to develop new capacity
Settlement developed on FCM based on auction process and includes transition payments. Demand-side can also receive capacity payments.
Process
FERC Judge Brenner mediated 30 days of negotiations between October 2005 and March 2006.
Of 115 parties, 61 signed settlement, 8 opposed (including MA and ME), and 46 were silent.