Kimberly B. Frank

Kimberly Frank is an electric regulatory lawyer who helps large energy consumers, electric cooperatives, generators, developers, utilities, and other market participants navigate the rules governing wholesale electricity markets and grid infrastructure. She represents clients before the Federal Energy Regulatory Commission (FERC) and state utility commissions on market design and reform, capacity and energy markets, transmission planning and cost allocation, interconnection, rates, and regulatory issues involving large loads and data centers. 

Wholesale Electricity Markets

Kimberly helps clients interpret, shape, and litigate the rules governing capacity, energy, and ancillary-services markets administered by regional transmission organizations (RTOs) and independent system operators (ISOs). Her work encompasses resource adequacy, market pricing and incentives, reliability, market power, and the allocation of costs and risks among market participants. She advises clients on proposed changes to wholesale market rules and represents them in proceedings concerning the design and operation of those markets. 

Transmission, Rates, and Interconnection

Kimberly advises clients on regional and interregional transmission planning, transmission and generation formula rates, annual updates, cost allocation, and generation and load interconnection. She represents clients in regulatory proceedings that determine how transmission infrastructure is planned and funded and how those decisions affect utilities, generators, consumers, developers, and other market participants. Her practice also addresses the regulatory implications of changing generation resources and electricity demand. 

Large Loads and Data Centers

A significant focus of Kimberly’s practice is helping clients navigate the electric regulatory issues associated with data centers and other large, energy-intensive facilities. She advises hyperscalers and other large computational loads, developers, and others on load interconnection, generation and transmission requirements, rate design and cost responsibility, co-location and behind-the-meter arrangements, and engagement in ISO/RTO stakeholder processes. 

Her experience includes advising on federal and state regulatory issues involving co-location of data centers and generation, access to reliable and affordable power, regional resource adequacy, and cost allocation. Kimberly is currently advising clients on federal and state electric regulatory issues associated with the redevelopment of power plant sites into major energy and data center campuses, including jurisdictional, compliance, interconnection, transmission, and market-participation matters. 

FERC and PSC Proceedings and Regulatory Strategy

Kimberly also represents clients before FERC and state utility commissions in contested proceedings, rulemakings, investigations, enforcement matters, technical conferences, rate cases, and settlement negotiations. She develops regulatory and litigation strategies, prepares complaints, protests, comments, and other pleadings, advocates for and challenges market rules, litigates contested regulatory matters, and negotiates settlements. 

Her practice also includes renewable energy development and compliance under the Public Utility Regulatory Policies Act (PURPA), Public Utility Holding Company Act (PUHCA), and Federal Power Act (FPA), as well as federal and state regulatory issues arising from electric-power transactions and commercial arrangements. 

Economics and Technical Experience

Before beginning her legal career, Kimberly served as research faculty with a law-and-economics think tank in the Department of Economics at the University of Maryland College Park. She draws on that economics background in working with economists, engineers, accountants, financial analysts, and other technical experts to develop regulatory strategies and present complex electricity-market and grid issues to regulators.