Kimberly Frank is a partner in the firm’s Washington, D.C. office, and is a member of the power practice group. Kimberly represents clients in a broad array of electric utility regulatory matters before the Federal Energy Regulatory Commission (FERC) and state regulatory agencies and in appeals of these agencies’ decisions.
Kimberly helps clients navigate the complex rules of the FERC-regulated regional wholesale markets. She helps them evaluate and advocate for rule changes in the energy, capacity, and ancillary services markets administered by the regional transmission organizations (RTOs). She represents clients in the RTO stakeholder process, and before FERC and the appellate courts on myriad issues including the capacity markets in the eastern RTOs. She also advises clients regarding FERC’s regulation of transmission service, rates, and tariff provisions and of regional transmission cost allocation.
Kimberly represents clients in administrative hearings and settlement proceedings, rulemakings, technical conferences, and enforcement matters before FERC. She advises clients in developing strategies for litigation and prepares complaints, protests, comments and other pleadings filed with the agency. She works regularly with economists, engineers, accountants, financial analysts, and other electric utility industry experts.
Kimberly counsels clients developing renewable energy facilities, regulated by FERC on PURPA, PUHCA and FPA compliance. She assists clients with interconnections to transmission systems and with regulatory compliance matters related to federal- and state-regulated electric power transactions.
Before her legal career, Kimberly was research faculty with a law and economics think tank in the Department of Economics, University of Maryland College Park.
- Selected as one of The Best Lawyers in America for work in Energy Regulatory Law by Best Lawyers (2019, 2020)
- Selected as one of The Best Lawyers in America for work in Energy Law by Best Lawyers (2020-2022)
- Charitable Foundation of the Energy Bar Association - Member, Board of Directors
- Energy Bar Association - Member, Board of Directors (May 2016 - 2019)
- Women’s Council on Energy and the Environment
- Women’s Bar Association of the District of Columbia
- Maryland State Bar Association, Section on Environment & Energy Law
- District of Columbia Bar Association, Section on Environment, Energy and Natural Resources
- “FERC’s Inaction Frustrates Opportunities for Offshore Wind in New England,” Business Network for Offshore Wind, Feb. 2019.
- Connecticut: Ground Zero for Offshore Wind, Moderator, Business Network for Offshore Wind, June 2019.
- Cybersecurity Outlook, Moderator, Women’s Council on Energy and the Environment, May 2019.
- Women in Leadership Committee Holiday Reception featuring Sue Kelly, Moderator, Women’s Council on Energy and the Environment, Dec. 2018.
- How the Federal Power Act Impacts Your Utility, Speaker, American Public Power Association, National Conference, June 2018.
- Lessons Learned from Political Appointees, Women’s Council on Energy and the Environment, Jan. 2018.
- Florida Electric, Renewable and Telecommunications Updates: The Interplay of Federal, State and Local Jurisdiction, Speaker, Energy Bar Association and the Florida Bar Association, Oct. 2017.
- States Move Toward a Cleaner Energy Future: Opportunities and Challenges, Moderator, Energy Bar Association Mid-Year Conference, Oct. 2016.
- Federal Energy Regulation, Speaker, New England Conference of Public Utilities Commissioners Symposium, Feb. 2015 and Nov. 2016.
- Offshore Innovation: The Development, Implementation and Financing of Offshore Wind Energy in Maryland's Coastal Waters, Moderator, Women’s Council on Energy and the Environment, Dec. 2014.
- Meet the Judges: Trial Practice with Judge Peter Young, Moderator, FERC Practice Committee, Energy Bar Association, June 2014.
- Capacity Roundtable: Sharing Regional Perspectives, Moderator and Panelist, National Association of Regulatory Utility Commissioners, Sept. 2013.
- Debating the Minimum Offer Price Rule, Panelist, Restructuring Today, Dec. 2012.
- “Lessons From FERC New England Capacity Market Settlement,” Law360, 29 July 2022
- “Key Provisions of FERC’s 2021 Enforcement Report,” Pratt’s Energy Law Report, February 2022.
- FERC Enforcement In 2021: A Year Of Change, Law360, 3 January 2022
- Series and survey, Industrial Maintenance & Plant Operation, “Manufacturers Show Interest in, But Lack Awareness of, Energy Demand Response Programs,” Jan/Feb. 2014, and “Demand Response Programs Lower Electricity Costs, But Also Pose Risks,” Nov. 2013.
- “Federal Courts Thwart State Efforts to Develop New Generation for Reliability,” New England Consumer Liaison Group, Nov. 2013.
- “Ominous News for State Energy Commissions,” Law360 Expert Analysis, Oct. 2013.
- “Rethinking Capacity Markets: A Pragmatic New Approach to Assuring Reliability,” Public Utilities Fortnightly, May 2013.
- Quoted, "Distributed energy resources and the marketplace," Dodge Construction Network, CSEMag.com, and HVAC/R World News, 27 January 2022.