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Education

  • J.D., New York University School of Law, 1994
  • B.A., Wesleyan University, 1989

    Phi Beta Kappa

Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, First Circuit

Memberships & Affiliations

Energy Bar Association

Electric Cooperative Bar Association

Women’s Council on Energy and the Environment

Phyllis G. Kimmel

  • |
Special Counsel
  • T: 202.753.3434
    F: 202.354.4985

Phyllis Kimmel represents clients in energy regulatory matters before the Federal Energy Regulatory Commission (FERC) and in federal appellate courts. For over two decades, she has helped rural electric cooperatives, state agencies, trade associations and other nonprofit organizations in all phases of administrative litigation and in rulemaking proceedings at FERC.

On behalf of her clients, Phyllis has negotiated and litigated electric transmission and production formula rates and has participated in numerous settlement negotiations involving tariffs, transmission rates and wholesale market rules. Phyllis counsels her clients on the implications of changes in wholesale market rules in regional transmission organizations in several of the RTOs.

Phyllis has extensive experience analyzing and responding to FERC rulemakings for rural electric cooperatives addressing open access transmission rules, transmission planning and cost allocation, integration of renewable resources, demand response, transmission incentives, generator interconnections, market-based rates, and competition in wholesale markets. Phyllis’ clients turn to her when facing complex questions involving open access transmission tariff compliance, and she has conducted trainings on FERC regulatory compliance.

Active in pro bono work, she was designated by the New York State Bar Association as an Empire State Counsel in 2015 and the D.C. Bar’s Capitol Pro Bono Honor Roll in 2017, both in recognition of performing 50 or more hours of pro bono legal services. Phyllis is the principal contributing author of Chapter 80, Rates and Tariffs, Energy Law and Transactions (2016, Matthew Bender & Co.).

Prior to entering private practice in 2001, Phyllis served for four years as Assistant People’s Counsel for the Office of the People’s Counsel for the District of Columbia, where she represented D.C. gas, electric and telecommunications ratepayers before the D.C. Public Service Commission. She has also practiced as an attorney for the National Consumer Law Center, where she advocated on behalf of low-income energy consumers.

Representative Matters

Represented a regional state committee in FERC proceedings and as petitioner at the U.S. Court of Appeals for the D.C. Circuit on implementation of Order No. 1000.
Represented a regional state committee at FERC opposing challenges by generators to capacity market rules and at the U.S. Court of Appeals for the D.C. Circuit as intervenor briefing in support of FERC.
Advised a coalition of transmission dependent rural electric cooperatives in major FERC rulemakings, including preparing rulemaking comments on open access transmission reform (Order No. 890), transmission planning and cost allocation (Order No. 1000), and generator interconnection (Order No. 2003).
Represent electric cooperatives in complaint proceedings against public utility transmission owners seeking to reduce the return on equity component of the transmission formula rates.
Defended state utility regulators in complaints asking FERC to begin enforcement actions under PURPA.

News

05/01/18
Phyllis Kimmel named to the District of Columbia Bar’s Capital Pro Bono Honor Roll
05/01/16
Phyllis Kimmel, a New York State Bar Association-designated Empire State Counsel
02/03/14

Publications

10/10/17
05/26/17
05/26/16
Rates and Tariffs, Energy Law and Transactions
Chapter 80, Matthew Bender & Company, Inc., a member of the LexisNexis Group