Practice Expertise

  • Energy and Infrastructure
  • Energy
  • Blockchain
  • Crisis Management

Areas of Practice

  • Blockchain
  • Crisis Management
  • Energy
  • Energy and Infrastructure
  • Blockchain and Digital Assets
  • Energy Regulation
  • Energy Sector Security Team
  • FERC, NERC and State Energy Regulation
  • Infrastructure
  • National Security
  • Project Development and Finance
  • Project Finance and Development
  • Regulated Markets and Energy Infrastructure
  • Renewable Energy and Clean Power
  • SAFETY Act
  • View More

Profile

Kevin’s practice focuses on regulatory and market design matters for electric sector clients.

Kevin’s practice focuses on the electric sector, with an emphasis on competitive wholesale markets. Kevin has served as counsel to independent system operators (ISOs) and regional transmission organizations (RTOs), electric utilities, independent power producers, project developers, energy service companies (ESCOs), and government entities on the design and operation of wholesale electricity markets, the development of energy infrastructure, and related commercial relationships and transactions.

Relevant Experience

  • Regularly advises on the design and operation of wholesale markets for energy, installed capacity, ancillary services, and transmission services, including various regulatory, market design, finance, and corporate and stakeholder governance matters.

  • Represents ISOs and RTOs in federal and state regulatory proceedings, including matters before the Federal Energy Regulatory Commission (FERC) and other federal and state agencies.

  • Represents ISOs and RTOs in various federal and state litigation, arbitration, and mediation proceedings involving the administration of market rules, calculation of market rates, disputed financial settlements, market power monitoring and mitigation, and generation siting.

  • Advises clients on matters related to physical and cyber security, including preparedness and risk management, SAFETY Act protection, regulatory compliance, incident response, and stakeholder relations.

  • Advises clients in connection with various audits and investigations by FERC, NERC, and other entities.

  • Represented the entity responsible for administering the network used by North American operators of the bulk electric system to exchange critical operating reliability data.

  • Advises on a wide range of ISO and RTO transmission system planning and interconnection matters.

  • Advises on the development and administration of ISO and RTO counterparty credit risk management policies and practices.

  • Advised clients regarding FERC-CFTC jurisdictional issues arising in connection with the Dodd-Frank Act.

  • Advised an ISO on a large smart grid development project, including transaction structure, contractual issues, regulatory implications, and implementation considerations to enable public-private, multi-party investment in new smart grid technologies.

  • Advised an ISO on a series of proposed, multi-party transmission system upgrade and expansion projects.

Bar Admissions

  • New York
  • Virginia

Education
BA, University of Tennessee, summa cum laude, Phi Beta Kappa, 1995

Areas of Practice

  • Blockchain
  • Crisis Management
  • Energy
  • Energy and Infrastructure
  • Blockchain and Digital Assets
  • Energy Regulation
  • Energy Sector Security Team
  • FERC, NERC and State Energy Regulation
  • Infrastructure
  • National Security
  • Project Development and Finance
  • Project Finance and Development
  • Regulated Markets and Energy Infrastructure
  • Renewable Energy and Clean Power
  • SAFETY Act

Professional Career

Significant Accomplishments
  • Represents NYISO in numerous federal and state regulatory proceedings, including revisions to the NYISO tariffs and other proceedings at FERC.
  • Represents NYISO in federal and state litigation and arbitration proceedings involving the calculation of market rates, disputed customer financial statements, market power abuse and generation siting.
  • Advises NYISO on the design and operation of the markets for energy, ancillary services, installed capacity and transmission congestion contracts.
  • Advises NYISO on various corporate governance matters.
    Assisted NYISO with a response to one of the first operational compliance audits of an ISO by FERC’s Office of Enforcement.
  • Assisted NYISO with the development and administration of credit support policies and procedures applicable to participants in the NYISO-administered markets.
  • Advised NYISO on the development of an expedited dispute resolution mechanism applicable to customer financial settlement disputes.
  • Provides regular market power monitoring and mitigation.


Professional Associations
  • Member, Energy Bar Association
  • Member, American Bar Association, Infrastructure and Regulated Industries Section, International Law & Practice Section
  • Member, New York State Bar Association
  • Member, Virginia State Bar, Administrative Law Section, Business Law Section, International Practice Section
  • National Association of Corporate Directors


Articles

  • Managing Critical Infrastructure During the COVID-19 Pandemic, ABA Infrastructure and Regulated Industries Section
  • The SAFETY Act: An Important Cyber Risk Mitigation Tool for Critical Infrastructure Companies, American Bar Association 

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