Profile
Ken focuses on complex energy matters, typically in the oil and gas industry, including major energy regulatory and project development matters. Ken represents clients in the development of their oil and gas and other energy resources, on major pipeline, LNG and other projects, and on a wide range of energy regulatory issues. Ken is experienced in commercial and fiscal negotiations relating to major project agreements, and in regulatory proceedings including ratemaking, permitting, market power/competition issues and valuation disputes.
Concentrations
- Energy projects
- Energy regulation
- Antitrust
- Energy litigation
Capabilities
Experience
- Represents clients on energy project development issues, including:
- Review/drafting of gas pipeline and liquefied natural gas (LNG) project agreements;
- Associated joint venture agreements;
- Gas supply and other upstream agreements;
- Production sharing agreements;
- Fiscal agreements;
- Transportation and tolling agreements; and
- Regulatory and permitting issues (including natural gas, oil and coal projects in Alaska).
- Represents major energy companies and other industry participants on federal and state energy regulatory and competition matters, including:
- Rate case preparation, litigation, and settlements, including both cost-based and market-based rate proceedings;
- Certificate proceedings and related state PUC proceedings involving pipeline/LNG projects and transportation contracts;
- Valuation disputes, including crude oil quality bank litigation;
- FERC Enforcement matters;
- Antitrust compliance and M&A matters;
- Department of Energy matters;
- Settlement compliance;
- Affiliate code of conduct issues;
- Negotiated rate agreements;
- Market-based rate authorizations; and
- Compliance with FERC's anti-market manipulation rules.
Recognition & Leadership
- Listed, The Legal 500 Latin America Guide, "Latin America: International – Projects and Energy," 2022
- Listed, The Best Lawyers in America
- Energy Law, 2014-2025
- Oil and Gas Law, 2014-2025
- Energy Regulatory Law, 2023-2025
- Listed, Chambers USA Guide, 2007-2024
- Notable Practitioners, "Energy Transition," 2023
- Listed, Chambers Global, Energy: Oil & Gas (Regulatory & Litigation - USA), 2011-2024
- Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2013-2024
- Listed, The Legal 500 United States
- Energy Regulation: Electric Power, 2023
- "Recommended Lawyer," 2023
- Renewable/ Alternative Power, 2023
- "Recommended Lawyer," 2023
- Project Finance, 2023
- "Recommended Lawyer," 2023
- Energy – Regulatory and Transactions, 2015-2022
- Energy Regulation: Conventional Power, 2022
- Energy Regulation: Oil and Gas, 2022-2023
- "Recommended Lawyer," 2023
- Energy: Renewable/ Alternative Power, 2022
- Energy Regulation: Electric Power, 2023
- Named, Client Service All Star, BTI Client Service All-Stars Report, 2020
- Listed, Euromoney’s Expert Guide to the World’s Leading Experts in Energy Law, 2013-2018
- Member, Association of International Petroleum Negotiators
- Member, American Bar Association
- Antitrust Section, Fuel and Energy Committee Member
- Energy Bar Association
- Past Chairman and Vice-Chairman of Antitrust Committee
Credentials
Education
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J.D., cum laude, The George Washington University Law School
- Notes Editor, Journal of International Law and Economics
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B.A., cum laude, University of Maryland
- Phi Beta Kappa
Clerkships
- Hon. John H. Moore II, U.S. District Court for the Middle District of Florida, 1990-1992
Admissions
- District of Columbia
- Maryland
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Ninth Circuit