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.
