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Ken is a Partner in the Energy section in the Washington, DC, office. His practice focuses on regulation of the electric and natural gas industries under the Federal Power Act, the Natural Gas Act, the Natural Gas Policy Act, the Public Utility Holding Company Act of 2005 and the Public Utility Regulatory Policies Act of 1978, as applicable to each of those industries. He has concentrated on the field of energy regulation since 1979 and has been with the firm since 1986. Prior to joining the firm, Ken was an Associate Solicitor for the US Department of Energy and subsequently served as in-house legal counsel for a major interstate natural gas pipeline. Thus, Ken understands both the governmental process and the goals and constraints faced by regulated entities.
With respect to the electric industry, Ken has represented and counseled electric generators in the ISO-NE, CAISO, ERCOT, PJM, and SPP control areas. He has been particularly involved in ISO-NE where he regularly counsels generators on the interpretation and application of the market rules, terms and conditions of service and settlement procedures under the ISO-NE tariff. Over the past decade, he has represented generators in FERC proceedings, as well as in private arbitrations. In that capacity, he successfully has defended clients against claims of market manipulation in California and the Pacific Northwest, has obtained a money judgment on behalf of a generator against ISO-NE, and has obtained FERC orders finding that ISO-NE improperly attempted to impose unwritten rules upon generators in violation of Section 205 of the Federal Power Act.
A significant portion of Ken's practice during the last five years also has involved providing regulatory advice concerning the sale and acquisition of FPA-jurisdictional facilities. In the course of providing that advice, Ken conducts due diligence to identify any regulatory issues associated with the facilities to be transferred. Ken also has been extensively involved over the last decade in agency and court proceedings arising out of the restructuring of the electric industry.
Ken also represents interstate natural gas pipeline companies in rate cases, arbitrations, court proceedings, certificate and enforcement proceedings, and tariff filings. He has worked on numerous expansion projects that have involved the spectrum of regulatory issues, such as unbundling, market power, bypass, capacity allocation, capacity turnbacks, compliance with open season procedures, open access tariffs, rolled-in versus incremental rates, as well as market-based and performance-based ratemaking.
In addition, Ken has played a prominent role in bankruptcy litigation concerning issues related to the relationship of the bankruptcy code to energy regulatory statues. Ken has represented parties concerning those issues both before the FERC and the courts.
REPRESENTATIVE EXPERIENCE
Electric
Litigated FERC proceedings concerning development of RTO capacity markets involving claimed costs of $20 billion.
Litigated FERC proceedings concerning development of RTO cold weather pricing rules and $1000/MWh price cap.
Arbitration concerning interpretation and application of ISO congestion management pricing rules.
Represented industry participant in investigation by a state attorney general concerning allegations of exercise of market power and price manipulation by industry participants.
Arbitration concerning ISO dispatch and settlement procedures.
Conducted due diligence for almost 12,000 MW of gas, coal, wind and/or hydroelectric generating facilities associated with potential acquisitions by major energy companies, global investment firms and/or private equity firms.
Provided regulatory advice and prosecuted FERC applications associated with sales of almost 8,000 MW of generating capacity.
Natural Gas
Served as first chair in numerous litigated rate and certificate proceedings on behalf of various interstate pipelines.
Served as first chair in litigated enforcement proceedings.
Served as first chair on behalf of pipeline marketing affiliates in arbitrations concerning gas contract pricing disputes.
Negotiated and obtained FERC approval for innovative agreements involving the lease of interstate pipeline capacity.
Negotiated settlement of almost decade-long dispute between two interstate pipelines.
Experience in coordinating complex, multi-jurisdictional litigation strategies.
BRIEFINGS, SEMINARS & SPEECHES
Anti-Market Manipulation Rules Under FERC Order No. 670 (April 19, 2007)
PROFESSIONAL / CIVIC AFFILIATIONS
Federal Energy Bar Association, 1986
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