On-Demand Video
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Public Utility Bench Bar Conference 2022


  • City:
  • Start Date:2022-05-19 20:00:00
  • End Date:2024-05-19 20:00:00
  • Length:
  • Level:Various
  • Topics:Government

$299.00 ["ProPass"]

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Overview

A 4.5 CREDIT CONFERENCE ON PUBLIC UTILITY PRACTICE 

Join the administrative law judges, commissioners and other commission staff for this year’s public utility practice conference. 

AN EFFECTIVE WAY FOR JUDGES AND LAWYERS TO CONNECT 

The 2022 Public Utility Bench Bar Conference is a perfect opportunity to explore legal developments and deepen the relationship between the bench and the bar.

THIS PROGRAM IS DESIGNED TO

  • Initiate the new practitioner 
  • Refresh the working knowledge of commission processes 
  • Present opportunities for participation 

The Agenda

Tips for Cross Examinations

Effective Oral and Written Advocacy Before the Presiding Officers

Rules, Updates and Modifications

Meet the New Advocates & State of the Commission

Staying Safe and Sound: Maintaining a Work/Life Balance in Uncertain Times

PBI is pleased to cosponsor this program with the PBA Public Utility Law Section

All attendees will receive the course materials as a digital book. A printed copy of the course book is available, at a discount to attendees, for $80. Additional copies are available at full price. If you wish to purchase the printed version of the course book, please call PBI customer service at 800-932-4637. Please allow up to two weeks after the program for the printed version of the course book to be shipped.

Recorded in May 2022.

Faculty

Charles Rainey Jr.

Judge Rainey was appointed Chief Administrative Law Judge of the Pennsylvania Public Utility Commission on September 16, 2010. He leads the Office of Administrative Law Judge, which includes administrative law judges, mediators, lawyers and support staff in Harrisburg, Philadelphia and Pittsburgh. Judge Rainey has 42 years of experience in public utility law. Prior to his current position, he served as Administrative Law Judge and Office Manager in Philadelphia. In 2008 he was presented the Golden Gavel Award by the Office of Administrative Law Judge for his decision, which was adopted by the Pennsylvania Supreme Court, in the Verizon/MCI merger case. In his 34 years at the PUC he has also served as Executive Deputy Chief Counsel in the Law Bureau and Legal Counsel to a Commissioner. In the Philadelphia City Solicitor’s Office, Judge Rainey served as Chief Assistant City Solicitor and Counsel to the Philadelphia Gas Commission. He has also served as an Assistant Consumer Advocate in the Pennsylvania Office of Consumer Advocate. Judge Rainey has presented on public utility law in Ghana, India and Pakistan, and to delegations from Russia, South Korea, El Salvador, Uruguay, Zambia and Armenia. He earned his B.A. from the College of the Holy Cross and his J.D. from Antioch University School of Law.

Christine Hoover Esq.

Christine Maloni Hoover joined the Pennsylvania Office of Consumer Advocate (OCA) in 1987. During her tenure at the OCA, Ms. Hoover has worked on all aspects of utility law and regulation. Currently, she is the Deputy Consumer Advocate overseeing the advocacy efforts of the OCA. For over 25 years, she had responsibility over water and wastewater cases, consumer education and outreach, as well as working on policy issues and supervising administrative, IT and support staff as a Senior Assistant Consumer Advocate. In addition, she is a member and former chair of the Water Committee of the National Association of State Utility Consumer Advocates (NASUCA). Ms. Hoover received a B.A. from the University of Pennsylvania and a Juris Doctor from American University’s Washington College of Law.

Christopher Pell

Judge Pell is the Deputy Chief Administrative Law Judge with the Pennsylvania Public Utility Commission’s Philadelphia Office. Prior to becoming an ALJ, Judge Pell worked as an Appeals Referee with the Pennsylvania Unemployment Compensation Board of Review. Judge Pell also worked as a Hearing Officer with the Department of Public Welfare’s Bureau of Hearings and Appeals. Judge Pell earned his B.S. in Accounting from Villanova University and his J.D. from Temple University School of Law.

David Zambito Esq.

Mr. Zambito is the Harrisburg Office Managing Partner of Cozen O’Connor, an 825-attorney, full-service law firm with offices in 31 cities on two continents.  The firm is ranked among the top 100 law firms in the country.  He is Chair of the firm’s Utility & Energy Group and concentrates his practice on water/wastewater, natural gas, electric, telecommunications, transportation, and large development project matters.  He is a member of the firm’s Management Committee, Political Action Committee and Marketing Committee, and chaired the firm’s Shareholder Nominating Committee.  Among other awards and recognitions, Mr. Zambito has been named to Best Lawyers in America for 2023-24 and Energy & Environment Power 100 by City & State Pennsylvania in 2023.  He received his B.A. from Grove City College, magna cum laude, and his J.D. from The Dickinson School of Law, where he was a member of the Dickinson Law Review and Appellate Moot Court Board.  Following law school, he served three years as a Captain in the U.S. Army Judge Advocate General’s (JAG) Corps, stationed at Fort Knox, Kentucky.  In addition to prosecuting courts-martial and acting as a Special Assistant U.S. Attorney, he instructed courses on military justice, the law of war, and government employee ethics.  Following his military service, Mr. Zambito served as legal counsel to Glen Thomas, former Chairman of the Pennsylvania Public Utility Commission.  His clients include American Water and its subsidiary Pennsylvania-American Water Company, Veolia Water Pennsylvania f/k/a SUEZ Water Pennsylvania, PJM Interconnection, National Association of Water Companies – PA Chapter, Amazon.com, Talen Energy, Cordia Energy, SteelRiver Infrastructure Fund North America, IFM Global Infrastructure Fund, Riverstone Holdings, Securus Technologies, SpaceX, Saracen Energy, The Trustees of the University of Pennsylvania/University of Pennsylvania Health System, The Westover Companies, and Perdue AgriBusiness.

John Povilaitis Esq.

Mr. Povilaitis is a Shareholder in the Harrisburg, Pennsylvania office of Buchanan, Ingersoll & Rooney, P.C., where he focuses on administrative law matters before various state and federal courts and agencies in the areas of energy, water, transportation and telecommunications, as well as agreements for transactions involving energy production and services. Prior to joining the firm, Mr. Povilaitis served as chief counsel of the Pennsylvania Public Utility Commission and successively served as assistant counsel, deputy chief counsel, and first deputy chief counsel, before assuming the position of chief counsel which he held for eight years. Mr. Povilaitis is a past chairperson of the Pennsylvania Bar Association’s Public Utility Law Section and past editor of the Section’s newsletter. Since 1990, he has been a course planner and speaker at the Pennsylvania Bar Institute’s biannual Public Utility Law Conference, and is also a planner for the biannual PA PUC Bench Bar Conference. Mr. Povilaitis is a graduate of LaSalle University and earned his Juris Doctor degree from the University of Pittsburgh School of Law. He is admitted to practice before the United States Supreme Court, the Third Circuit Court of Appeals, several United States Federal District Courts, in addition to the several Courts of the Commonwealth of Pennsylvania. Mr. Povilaitis is a member of the American Bar Association, Pennsylvania Bar Association, Dauphin County Bar Association and the Energy Bar Association. 

Margaret Morris Esq.

Ms. Morris is a Partner in the Philadelphia, Pennsylvania office of Reger Rizzo & Darnall LLP, where she works on a wide variety of utility and transportation matters at the state administrative and municipal agencies levels. Prior to joining the firm, Ms. Morris served as counsel to the Vice Chairman of the Pennsylvania Public Utility Commission, representing the Vice Chairman on internal working groups in the implementation of Chapter 30, Telecommunications Act of 1996, Gas and Electric Restructuring and Chapters 56 and 14. In addition to her legal practice, Ms. Morris devotes a significant amount of her time to pro bono legal work. Under her supervision, Reger Rizzo & Darnall adopted the Eliza Shirley Center, a center city shelter for homeless women and children. Additionally, Ms. Morris served for 17 years on the Board of Directors for the Homeless Advocacy Project in Philadelphia. Ms. Morris received her J.D. from Western Michigan University Thomas M. Cooley Law School and holds a B.A., cum laude, from Mount St. Mary’s University.

Louise Smith Esq.

Ms. Fink Smith presently serves as an Assistant Counsel in the Law Bureau of the Pennsylvania Public Utility Commission and previously served as an Attorney in the Commission’s Office of Special Assistants.  At the Commission, Ms. Fink Smith has handled cases in all substantive areas regulated by the Commission.  In addition to her substantive practice at the Commission, Ms. Fink Smith is currently part of the team that reviews all of the Commission’s proposed and final policy statements and regulations.  From 1992 to 1994, Ms. Fink Smith was in private practice in Tulsa, Oklahoma, handling administrative, commercial, criminal, employment, and family legal matters.  From 1981 to 1992, Ms. Fink Smith was Counsel for Phillips Petroleum Company in Bartlesville, Oklahoma, and Denver, Colorado, where she handled legal matters in the areas of employment, quality, commercial, pipeline, energy, transportation, criminal, consumer, retail, and real estate before state and federal courts and agencies relative to client operations in 27 states and various off-shore locations.  Ms. Fink Smith received her Juris Doctorate from the University of Tulsa.  

Karen Thorne

Karen Thorne is the Regulatory Review Assistant with the Pennsylvania Public Utility Commission’s Law Bureau. She joined the PUC a little over a year ago.  In addition to other duties at the Commission, she is part of a team that is responsible for reviewing proposed and final rulemaking statement submissions to reviewing agencies and committees, and for submission of items to the Legislative Reference Bureau. She performs a similar function for proposed and final policy statements.  Prior to joining the PUC, she worked for three years with the Pennsylvania Department of Health and before that for the State Civil Service Commission for four years. 

Joel Cheskis Esq.

Chairman Stephen M. DeFrank was nominated by Governor Wolf on September 20, 2022, and confirmed by the Senate on October 19, 2022. He was appointed as Chairman on August 30, 2023, by Governor Josh Shapiro. His term expires on April 1, 2025. Prior to joining the PaPUC, the Chairman was a principal in the government relations practice at Buchannan Ingersoll & Rooney.  He also spent 24 years in state government, primarily in the state Senate, serving in several roles with Senate leadership, including Chief of Staff for two members, Special Assistant for Policy to the Democratic Leader, and Democratic Executive Director of the Senate Consumer Protection and Professional Licensure Committee.  As Committee Director, the Chairman developed policy initiatives impacting the utility sector, including the creation of the Distribution System Improvement Charge (DSIC), authorization of Transportation Network Companies, and modernizing the Public Utility Code relative to energy, water, wastewater and telecommunications. Chairman DeFrank resides in Harrisburg with his family.

Gladys Dutrieuille Esq.

Gladys Brown Dutrieuille is now serving her second term as a Commissioner for the Public Utility Commission, which she has guided as Chairman since 2015. Chairman Dutrieuille has emphasized a fair and balanced approach to utility and consumer issues, which are deeply interrelated. She has underscored the essential role that public utilities play in bringing services to the most vulnerable members of our communities, and stresses that utility service – including energy, water, communication and transportation – is a human rights issue and a civil rights issue. With a leadership voice that extends far beyond Pennsylvania, Chairman Dutrieuille serves as First Vice President for the Mid-Atlantic Conference of Regulatory Utilities Commissioners (MACRUC); is a member of the Board of Directors for the National Association of Regulatory Utility Commissioners (NARUC); serves on the Critical Infrastructure Committee, and also is a member of NARUC’s Task Force on Emergency Preparedness, Recovery and Resiliency. She was most recently nominated by NARUC to serve on a new joint Federal-State Task Force on Electric Transmission. Born and raised in Middletown, Pa., Chairman Dutrieuille is a proud graduate of the University of Pittsburgh, where she earned both her bachelor’s and juris doctorate degrees. A strong advocate for community involvement, she is an active member of several charitable and social organizations. 

Erin Fure Esq.

Erin Fure is an Assistant Small Business Advocate at the Commonwealth of Pennsylvania’s Office of Small Business Advocate (OSBA).  The OSBA is an independent state agency which represents the interests of small business customers in regulated utility matters before the Pennsylvania Public Utility Commission (PUC), federal regulatory agencies, and in state and federal courts. The OSBA was established by the Pennsylvania General Assembly by the Act of December 21, 1988 (P.L. 1871, No. 181), known as the Small Business Advocate Act, 73 P.S. 399.41., et seq. Erin joined the OSBA in 2018; and has been a council member of the Pennsylvania Bar Association’s Utility Law Section since 2019.  Erin had previously worked as a prosecutor in the Pennsylvania Department of State’s Bureau of Professional and Occupational Affairs, as well as an associate in private practice since 2014.  Prior to her litigation experience, Erin clerked for the late Honorable Bernard L. Coates, Jr. at the Dauphin County Court of Common Pleas.  Erin is a 2011 graduate of Boston University School of Law. 

Eranda Vero

Judge Vero was appointed as an administrative law judge in January of 2011 and is assigned to the Commission’s Philadelphia office. Prior to becoming an ALJ, she served for four years as a Special Agent in the Legal Division of the Commission’s Office of Administrative Law Judge. She received her B.A. from Temple University, summa cum laude, and her J.D. from Penn State University, The Dickinson School of Law.

Mary Long

Judge Long has served  as an Administrative Law Judge in the Pittsburgh regional office since her appointment in 2010.  In 2019 she became a Certified Administrative Law Judge by the National Association of Hearing Officials and currently serves on the NAHO Board.  Prior to becoming an ALJ she served as an assistant counsel to the Pennsylvania Environmental Hearing Board advising then-Chairman George J. Miller.  Judge Long also served as a law clerk to the Honorable Joseph T. Doyle of the Commonwealth Court of Pennsylvania. Judge Long received her J.D. from the Widener University School of Law in Harrisburg and a dual degree in Political Science and Business from the University of Pittsburgh.  Judge Long is a member of the Judicial Division of the American Bar Association, National Conference of the Administrative Law Judiciary.

Patrick Cicero Esq.

Patrick M. Cicero, Esquire has served as Consumer Advocate since his appointment by Attorney General Josh Shapiro on December 13, 2021. He was confirmed by the Pennsylvania Senate on June 7, 2022. The Office of Consumer Advocate (OCA) is a state agency that represents the interests of Pennsylvania utility consumers before the Pennsylvania Public Utility Commission (PUC), federal regulatory agencies, and state and federal courts. Immediately prior to his appointment as Consumer Advocate, Patrick served as the Executive Director of the Pennsylvania Legal Aid Network, Inc., (PLAN, Inc.) where he provided strategic leadership and direction to PLAN, Inc.’s activities and oversaw the advocacy, fundraising, and management of the coordinated network of independent legal aid organizations that deliver civil legal aid to low-income Pennsylvanians and victims of domestic violence. Prior to his role at PLAN, Inc., Patrick was the Executive Director of the Pennsylvania Utility Law Project (PULP), a specialized legal aid office that provides advocacy, training, and representation on energy and utility matters affecting lowincome Pennsylvanians. Patrick worked at PULP for 9 years. Patrick also worked as a staff attorney for 5 years at MidPenn Legal Services in Harrisburg where he led their consumer unit and focused on consumer and housing issues, and served as a judicial law clerk to the Hon. Sylvia H. Rambo, United States District Court for the Middle District of Pennsylvania for 3.5 years. Patrick has served off and on as an adjunct professor at Messiah University. He received his J.D. from Temple University Beasley School of Law in 2002, and his B.A. from Messiah College (now University) in 1999. Patrick lives in Mechanicsburg with his wife Helena, their two children, and his in-laws. 

Robert Hayes Esq.

Robert W. Hayes has tried more than 50 substantial cases to verdict, judgment, or arbitration award. In commercial disputes, he has obtained numerous multimillion-dollar awards, including two in excess of $25 million. Bob has also obtained defense verdicts in personal injury and property damage actions in which damages in excess of $10 million in damages were demanded. He has served as lead counsel in multiple appeals, including those in which published opinions were issued by the U.S. Court of Appeals for the Third Circuit and the Supreme Courts of Pennsylvania, Delaware, West Virginia, Iowa, and Alabama. In commercial disputes, Bob has been lead counsel in complex matters involving securities and common law fraud, patent, trademark and copyright infringement, the antitrust laws and unfair competition, and breach of contract claims. His contract claim experience extends to disputes involving government contracts. Bob has argued three procurement law appeals before the Supreme Court of Pennsylvania resulting in published opinions. Bob is experienced in the sports and entertainment industry, representing professional sports franchises, professional athletes, concert promoters, owners and operators of stadiums, arenas and amphitheaters, musicians, professional photographers and music instrument retailers. He also represented a promoter in testifying before the Antitrust Subcommittee of the Senate Judiciary Committee concerning the Ticketmaster/Live Nation merger. Bob has defended negligence, product liability and toxic tort claims, and government environmental remediation actions. Representative experience includes serving as national coordinating counsel for product liability claims for a consumer safety product manufacturer. He has also been primary counsel in the defense of actions: (i) involving claims of personal injury or property damage resulting from or to abate exposure to carbon monoxide, lead and volatile organics; and (ii) arising of high rise office building, apartment, and residential fires, and passenger train and commercial and military aircraft crashes. Many of the cases in which Bob has been involved were pursued on a class action basis or included in multi-district or other consolidated proceedings. His class action experience includes securities fraud, antitrust, mass tort, and insurance claims and actions involving the banking industry. Bob argued class action issues before an en banc panel of the U.S. Court of Appeals for the Third Circuit in one of the first appeals under Federal Rule of Civil Procedure 23(f). Bob authors and offers commentary for publications on various aspects of antitrust litigation, including The Legal Intelligencer and CNNMoney.com, on antitrust issues. Bob was also interviewed by The Metropolitan Corporate Counsel on the subprime mortgage crisis. Bob graduated magna cum laude from Villanova University School of Law, where he was elected to the Order of the Coif and was a member of the Law Review, and earned his undergraduate degree, with honors, from St. Joseph’s University.

Rosemary Chiavetta Esq.

Rosemary Chiavetta was appointed Secretary of the Pennsylvania Public Utility Commission on April 15, 2010. Prior to her return to the Commission, Secretary Chiavetta was the sole proprietor of Chiavetta Consulting specializing in legal advice and government relations for clients in the areas of public utilities, labor, health care, education, financial investments, mergers and acquisitions, and the environment. Before entering private practice, Secretary Chiavetta served in the Commission between March of 1993 and April of 1999 as an Assistant Counsel in the Commission’s Law Bureau, as Counsel to former PUC Chairman John M. Quain, and as the Commission’s Director of Legislative Affairs. Prior to her first tour of duty with the Commission, Secretary Chiavetta served as a Legislative Assistant and Counsel in the Pennsylvania House of Representatives. Secretary Chiavetta is a graduate of Notre Dame of Maryland University and the Dickinson School of Law. She and her husband, William K. Dempster reside in Harrisburg. 

Scott Rubin Esq.

Mr. Rubin retired to Sarasota, Florida, in the summer of 2021 after a 40-year career in Pennsylvania as an attorney, consultant, and expert witness in cases affecting the public utility industry. He previously worked for the Pennsylvania Office of Consumer Advocate and in his own law and consulting practice. As an attorney, he represented small businesses, labor unions, local governments, and consumer groups before utility commissions throughout the United States. As a consultant, he testified as an expert witness before two Congressional committees and before courts and utility commissions in over 200 cases in more than 20 states. His research on utility issues has been widely published in peer-reviewed journals, industry magazines, and in books and monographs. Mr. Rubin holds a B.A. with distinction from Pennsylvania State University and a J.D. with honors from George Washington University.

Shelby Linton Keddie Esq.

Ms. Linton-Keddie serves as Executive Director, State Regulatory Affairs at the Edison Electric Institute in Washington, D.C., where she oversees EEI’s national engagement and strategy on state regulatory issues before public utility commissions. She also co-leads EEI’s cross-functional state practice, which focuses on emerging industry policy trends on key topics. Prior to joining EEI, she came from the Commonwealth of Pennsylvania, where she held various positions including an Assistant Small Business Advocate, Manager, State Regulatory Strategy and Sr. Legal Counsel for Duquesne Light Company, Counsel to Pennsylvania Public Utility Commissioner Pamela Witmer, Associate at the law firm of McNees, Wallace and Nurick, LLC, and an intern at the PA Office of Consumer Advocate. In each of these roles, she has concentrated her advocacy on customer issues as well as affordability and emerging energy policy. A dynamic thinker, Shelby has provided innovative and effective strategy on a wide range of utility regulatory and legislative issues for almost two decades. Ms. Linton-Keddie received her J.D. from the Dickinson School of Law of The Pennsylvania State University, where she served as Managing Editor of the Penn State International Law Review. In addition, Ms. LintonKeddie holds a B.S., cum laude, and a M.Ed. from Millersville University.

Brian Quinn Esq.

Mr. Quinn is a licensed attorney in Pennsylvania who currently serves as the Education and Outreach Coordinator for Lawyers Concerned for Lawyers of Pennsylvania, Inc., a Lawyers Assistance Program established in 1988 for the purpose of helping lawyers, judges and law students recover from alcoholism, drug addiction and mental health disorders. Mr. Quinn obtained his undergraduate degree in 1970, his law degree in 1973 and a certificate in Drug and Alcohol counselling in 2012, from Villanova University. Prior to his work with Lawyers Concerned for Lawyers, he was a private practitioner for over 40 years and has also worked in the field of Alcohol and Drug Counseling in suburban Philadelphia. Mr. Quinn is a past member of the Board of Directors of Lawyers Concerned for Lawyers of Pennsylvania and served as a peer volunteer for over six years prior to accepting his current role as the organization’s Educator in 2017. He has written and presented on lawyer wellness topics to law firms, Bar Associations and legal education providers for state, national and international groups as well.


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