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Education

  • J.D., Georgetown University Law Center, 2004
  • M.A., University of Maryland College Park, Economics, 1996
  • B.A., The College of Wooster, Economics, 1992

Bar Admissions

  • District of Columbia
  • Maryland

Court Admissions

  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, District of Maryland

Memberships & Affiliations

Member, Board of Directors, Energy Bar Association

Women's Council on Energy and the Environment

Women's Bar Association of the District of Columbia

Maryland State Bar Association, Section on Environmental Law

District of Columbia Bar Association, Section on Environment, Energy and Natural Resources

Member, McCarter & English Women’s Initiative Steering Committee

Kimberly B. Frank

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Partner
  • T: 202.753.3428

Kimberly Frank is a litigator, focusing her practice on electric utility regulation and the design of wholesale electric power 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 has represented state regulatory commissions before FERC for more than a decade. Her experience includes counseling state commissions about the economics of complex power markets, and the market rules affecting price, competition and reliability.  She advises state commissions who request assistance when FERC’s markets fail to ensure customers’ access to reasonably priced, reliable electric service or work at cross-purposes with state energy and environmental policies.

Kimberly advises state commissions on a variety of high stakes issues related to capacity markets in New England and PJM, including the development of the New England Forward Capacity Market. She has represented state commissions in numerous litigations that cover the spectrum of capacity market rules: investment and new entry, interconnection, generator retirement, integration of renewable, energy efficiency and demand response capacity, resource adequacy and reliability, resource performance, imports and zonal capacity, market manipulation and fraud, supplier market power and mitigation, reliability-must-run generation, buyer market power, cost-of-new-entry, demand curves, and administrative pricing and offer rules. She also has experience with FERC’s regulation of the regionally organized markets for energy and ancillary services.

Kimberly counsels clients investing in entities regulated by FERC on PURPA, PUHCA and FPA compliance, with a focus on renewable power. She assists wind power developers on procedures for interconnecting to transmission systems, as well as other regulatory issues related to federal and state-regulated electric power transactions.

Kimberly is a member of McCarter’s Women’s Initiative Steering Committee, which presides over the policies that have led to McCarter receiving Gold Standard Certification from the Women in Law Empowerment Forum for five consecutive years.

Representative Matters

Developed arguments for a coalition of nine amici state agencies opposing claims in the Third and Fourth Circuits that state commission-administered procurements for new generation capacity are preempted by the Federal Power Act.*
Represented the Maryland Public Service Commission in FERC complaint proceedings successfully challenging PJM energy market mitigation rules preferentially exempting some generators from offer mitigation and costing Maryland electric customers more than $80 million annually.*
Represented the Connecticut Public Utilities Regulatory Authority in FERC settlement proceedings setting cost-of-service rates for Connecticut generators operating to ensure grid reliability, negotiating agreements that substantially reduced costs to Connecticut customers.*
Represented the Connecticut Public Utilities Regulatory Authority in FERC proceedings to set electric transmission rates, including requests for incentive adders and preferential rate treatments for new transmission investments.*
Advised Maryland Public Service Commission staff to prepare comprehensive regulations implementing the state’s offshore wind legislation, including developing a competitive solicitation process and a financeable renewable energy credit payment mechanism between energy suppliers and wind projects.*
Provided 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.*
Counsel wind power developers on procedures for interconnecting to transmission systems and compliance with FERC generator interconnection procedures, and advise and negotiate generator interconnection agreements with the 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.*
*Representative engagements performed prior to joining McCarter & English.

News

08/15/18
01/12/15
07/13/14
Kimberly Frank quoted in "Power Plants Coming to Electricity-Hungry Region,” which appeared in Baltimore Sun
12/17/12
Kimberly Frank quoted in “For Self-suppliers in ISOs, Capacity Market Mitigation is a Key Topic, and a Moving Target,” which appeared in Platts Electric Utility Week

Speaking

06/16/18
American Public Power Association National Conference
10/06/17
Florida Electric, Renewable and Telecommunications Updates: the Interplay of Federal, State and Local Jurisdictions
10/05/16
Moderator, Energy Bar Association 2016 Mid-Year Energy Forum
01/22/15
Moderator, FERC Practice and Administrative Law Judges Committee of the Energy Bar Association