Driver, Kenneth B.

Current Employment Position(s)

Partner

Lawyer Overview

Ken Driver's practice focuses on the representation of electric and natural gas utilities before the Federal Energy Regulatory Commission, state utility commissions, the United States Department of Transportation, the appellate courts, and the federal antitrust enforcement agencies.

Ken represents clients in connection with: FERC audits and investigations, FERC approval of electric utility mergers, corporate reorganizations and power plant acquisitions, general rate cases, electric transmission formula rate cases, interstate pipeline certificate matters, affiliate standards of conduct, market-based rates, open access transmission, regional transmission and interconnection requirements, construction of new generation and transmission facilities, certification of resources under state renewable portfolio standards, and fuel adjustment clause practices. Ken also represents clients in pipeline safety matters before the DOT's Pipeline and Hazardous Materials Safety Administration. Representative clients include American Electric Power, CenterPoint Energy, Invenergy, OGE Energy, and SCANA Corporation.

Ken is actively involved in the American Bar Association's Section of Public Utility, Communications and Transportation Law and has been chair of the section's Electricity Committee since 2008. He also is a member of Energy Bar Association. Ken speaks before various groups on energy-related topics.

Areas of Practice

• Energy
• Energy Regulatory
• Energy Dispute Resolution
• Energy Renewables and Sustainable Development
• Energy Transactions
• Energy Antitrust
• Energy/Utilities

Representative Cases

• AEP applies to FERC to be relieved of the mandatory obligation to enter into new power purchase arrangements from qualifying facilities under PURPA
• AEP completes financing of Desert Sky wind power facility
• AEP defends against claims challenging the legality of power sales contracts
• AEP prevails as FERC's order was sustained when petitioner voluntarily dismissed its appeal
• AEP successfully petitions the Supreme Court to review the Ninth Circuit’s decision
• Areva SA and Électricité de France sell Cogema Mining, Inc. and Malapai Resources Company subsidiaries for $35 million , (2010)
• Banco Santander, BBVA, and Caixa Banco de Investimento finance thermal solar electric generating facility project in Nevada , (2009)
• CenterPoint applies for an authorization request from DOT's Pipeline and Hazardous Materials Safety Administration for a "special permit"
• CenterPoint Energy Gas Transmission complies with FERC negotiated rate regulations and policies
• CenterPoint Energy seeks advice on natural gas transportation regulations and policies
• CenterPoint obtains regulatory approval for the certification of new pipeline facilities
• CenterPoint obtains regulatory authorizations for pipeline construction and abandonment initiatives
• CenterPoint participates in pipeline industry activities related to FERC notices of inquiry, policy initiatives and notices of proposed rulemakings
• CenterPoint responds to DOT pipeline integrity compliance audit
• CenterPoint secures reversal and remand of FERC's Order No. 2004 affiliate Standards of Conduct rules
• CenterPoint's Mississippi River Transmission negotiates systemwide rates for all services
• Central & South West obtains regulatory and antitrust clearance for $12.3 billion merger with AEP
• KU Energy Corp merges with LG&E Corp.
• NorAm Energy merges with Houston Industries to form CenterPoint
• OGE Energy acquires interest in McClain power plant
• OGE purchases Redbud power plant from Kelson , (2009)
• OGE works with Invenergy Wind to build Centennial Wind Farm , (2009)
• Oklahoma Gas and Electric obtains regulatory approval for power purchase agreement with PowerSmith Cogeneration
• Oklahoma Gas and Electric seeks bids for delivery of wind energy resources
• Otter Tail completes its transition to a holding company structure , (2009)
• Southwestern Electric Power defends against claims to determine financial responsibility for local distribution facilities

Bar Admissions

• District of Columbia
• Virginia

Education

• Georgetown University
• James Madison University

Published Works

• Building and Paying for New Transmission Needed to Get Renewable Energy to Market, Infrastructure, Vol. 49, No. 2, 2010
• Federal Energy Regulatory Commission Defines Enforcement Priorities and Refines Enforcement Procedures, 2009
• Will Transmission Initiatives in Congress and FERC Unlock the Clean Energy Sector?, 2009
• FERC's Enforcement Program—Incremental Updates, 2008
• FERC Proposes Modifying and Scaling Back its Affiliate Standards of Conduct Rules, 2008
• An End to PURPA Mandatory Purchase Obligation, Infrastructure, Vol. 46, No. 2, 2007

Address

51 Louisiana Avenue, N.W.
Washington, DC 20001-2113

Phones

1.202.879.7629 (Business Phone)

Faxes

1.202.626.1700 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com