Kimberly B. Frank is a litigator with experience in electric regulatory matters and the economics of electricity markets. Ms. Frank represents state regulatory agencies in complex litigation before the Federal Energy Regulatory Commission (“FERC”) and in related proceedings before federal courts. She has represented clients in FERC electric market design and rate cases, complaint proceedings, rulemakings and appellate matters arising out of administrative actions. Ms. Frank also counsels clients regarding evolving state and federal regulatory issues, including issues related to investment in renewable electric generation and other FERC-jurisdictional matters.
Ms. Frank graduated from Georgetown University Law Center in 2004, and also earned with an M.A. in Economics from the University of Maryland College Park. Before joining Kaye Scholer, Ms. Frank worked for an economics research center at the Department of Economics, University of Maryland College Park.
Representative Matters
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Represented a state regulatory agency in FERC hearing and settlement proceedings creating the Forward Capacity Market, an innovative wholesale capacity market auction that provides opportunities for participation by generation, demand resources, and energy efficiency capacity resources, and provides ongoing representation in numerous related FERC proceedings determining market rules and modifications to the capacity market design.
- Negotiated on behalf of a state regulatory agency the cost-of-service rates for Reliability-Must-Run generation facilities, which resulted in FERC settlements that reduced customer-liability by as much as $60 million.
- Represented a state regulatory agency in FERC transmission rate proceedings, which included consideration of FERC’s recent policy providing return on equity “incentive adders” for new transmission investment.
- Represented a state regulatory agency in FERC complaint proceedings against a Regional Transmission Organization (“RTO”) to remove discriminatory rules exempting generation facilities from market mitigation.
- Represented a state regulatory agency in FERC hearing proceedings defending market rules pertaining to the market power screen and energy market mitigation practices of PJM Interconnection, LLC, the largest RTO.
- Represented a state regulatory agency in FERC complaint and full evidentiary hearing proceedings alleging market manipulation by suppliers in New England’s electric capacity and energy markets.
- Represented a state regulatory agency seeking appellate review of FERC decisions at the U.S. Court of Appeals for the District of Columbia Circuit, and petitioned the United States Supreme Court for a writ of certiorari regarding the application of Chevron deference to FERC’s interpretation of the scope of its jurisdictional reach under the Federal Power Act.
- Investigated the deregulation of Maryland’s retail electric industry and stranded cost determinations by the state regulatory agency, which ultimately produced a settlement that Maryland’s governor estimated created $2 billion in benefits to retail customers.
- Counseled clients on matters related to compliance with FERC’s regulations and RTOs’ tariffs, including generation interconnection procedures.
- Counseled pro bono client on a wide variety of legislative and regulatory matters relating to homeowners’ solar installations in the District of Columbia.
