Kimberly Frank’s practice focuses on electric utility regulation and the economics of complex electricity markets. She represents clients in a broad array of matters before the Federal Energy Regulatory Commission (FERC) and state regulatory agencies, and in appellate matters arising out of those agencies’ decisions.
Kimberly’s experience includes regional market design and oversight, prudence, fraud, transmission rates and incentives, electric reliability, cost-of-service and demand response. Over the last decade, she has represented state regulatory commissions before FERC and appellate courts on a variety of issues related to capacity markets in New England and the JPM Interconnection.
Kimberly also counsels clients investing in entities regulated by FERC on PURPA, PUHCA and FPA compliance, with a particular focus on wind generation. She also advises wind power developer clients on generator interconnection and transmission issues, as well as other state regulatory issues related to electric energy transactions.
Kimberly graduated from Georgetown University Law Center in 2004 and also earned an MA in Economics from the University of Maryland College Park in 1996. Before joining Kaye Scholer, she served as a member of the research faculty at an economics policy institute in the Department of Economics, University of Maryland College Park.
- Representation of state regulatory commissions before FERC in matters spanning the capacity market spectrum, such as the development of the New England Forward Capacity Market design and market rules, federal-state jurisdictional boundaries, alleged fraudulent transactions by capacity importers, reliability and performance, and competition and market power issues, as well as before the federal appellate courts.
- Representation of the Maryland Public Service Commission in FERC complaint proceedings that successfully eliminated PJM Interconnection LLC’s discriminatory and preferential tariff provisions exempting certain generators from energy offer mitigation, which had been costing the state’s customers more than $80 million annually.
- Investigation of the State of Maryland’s transition to retail choice and regulated utilities’ divestiture of their generation assets in that process. The findings resulted in a settlement with one utility that the Governor estimates to have created $2 billion in customer benefits, including severing customers’ financial obligations for decommissioning the Calvert Cliffs nuclear generation plant.
- Representation of a state regulatory commission in FERC settlement proceedings to establish cost-of-service rates for must-run electric generators operating to ensure grid reliability, resulting in agreements reducing customer liability by more than $60 million.
- Representation of a state regulatory commission in FERC proceedings to set transmission providers’ electric transmission rates, including consideration of “incentive adders” and preferential rate treatments for new transmission investments.
- Counseled wind power developers on procedures for interconnecting to transmission systems, and in particular complying with Large Generator Interconnection Procedures and negotiating Large Generator Interconnection Agreements.
- Advised wind power developers on terms in power purchase agreements and curtailment rules in the utility’s or regional transmission organization’s tariff that impact the financiability of projects.
- Representation of an electric utility before the Indiana Utility Regulatory Commission in a complex litigation defending allegations of imprudence, gross mismanagement, fraud and concealment in the design, engineering and construction of a $3 billion integrated gasification combined cycle plant.
- Pro bono representation of a grassroots association of District of Columbia solar generation advocates on a wide variety of legislative and regulatory initiatives.