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Kimberly Frank

Kimberly Frank

Washington, DC
T: +1 202 682 3578 F: +1 202 414 0357

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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 PJM Interconnection.  Most recently Kimberly argued before the US Court of Appeals for the DC Circuit in New England Power Generators Association, Inc. v. FERC (No. 12-1060).

Kimberly counsels clients investing in entities regulated by FERC on PURPA, PUHCA and FPA compliance, with a focus on renewable resources. She also advises wind power developer clients on generator interconnection and transmission issues, as well as other regulatory issues related to electric energy transactions.

Kimberly graduated from Georgetown University Law Center in 2004 and also earned a 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 at University of Maryland, College Park.

Representative Matters

  •  Representation of state regulatory commissions before FERC in matters spanning the capacity market spectrum, including the development of the New England Forward Capacity Market design and market rules, federal and state jurisdictional issues, market manipulation and fraud, 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 successfully challenging the regional transmission organization's market rules preferentially exempting some generators from energy offer mitigation that had cost the State's electric 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.
  • Provide counsel to state agency on its competitive procurements for renewable energy advancing the State's public policy objectives to promote access to clean energy supplies.
  • Provide counsel and technical assistance to Maryland Public Service Commission Staff to develop comprehensive regulations establishing a competitive solicitation process and a renewable energy credit payment mechanism necessary to implement the Maryland Offshore Wind Energy Act of 2013.
  • Counsel wind power developers on procedures for interconnecting to transmission systems and compliance with FERC generator interconnection procedures, and advising and negotiating generator interconnection agreements with transmission provider.
  • Negotiate power purchase agreements and advise wind power developers on regulatory provisions affecting project financing, such as curtailment rules in the utility's or regional transmission organization's tariff.
  • Representation of an electric utility before a state regulatory commission in a complex administrative 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, including on matters before the DC Public Service Commission.


Practice Areas


Georgetown University Law Center, JD, 2004

University of Maryland College Park, MA, Economics, 1996

The College of Wooster, BA, Economics, 1992

Bar Admission(s)


District of Columbia

US Court of Appeals for the District of Columbia Circuit

US Court of Appeals for the Federal Circuit

US District Court for the District of Maryland


Energy Bar Association

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