Current Employment Position(s)

Partner

Lawyer Overview

Ken Driver's practice is focused 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's experience includes:

• representing clients in responding to FERC audits and investigations

• developing FERC filings for, and securing FERC approval of, corporate initiatives such as electric utility mergers, corporate reorganizations, power plant acquisitions, general rate cases, and interstate pipeline certificate matters

• advising clients on a wide range of regulatory compliance matters, including affiliate standards of conduct, market-based rates (and market-based rate mitigation), open access transmission rules, regional transmission requirements, construction of new generation and transmission facilities, and fuel adjustment clause practices

• successfully challenging agency decisions on appeal

• representing interstate pipelines in responding to Corrective Action Orders, Notices of Civil Penalty, and Notices of Amendment issued by DOT's Pipeline and Hazardous Materials Safety Administration in the context of PHMSA's pipeline integrity rules, pipeline safety generally, and responses to specific safety-related incidents and

• advising investors on regulatory matters relevant to the development of energy-related projects and service agreements.

Ken is a member of the Energy Bar Association and the American Bar Association's Section of Public Utility, Communications and Transportation Law (chair, Electricity Committee). Ken has spoken before various groups on energy-related topics.

Areas of Practice

• Energy
• Energy Regulatory
• Energy/Utilities

Representative Cases

• Calpine Energy Services, L.P. et al. v. Public Utility District No. 1 of Snohomish
• CEGT Regulatory Compliance
• Centennial Wind Farm , (2009)
• Certification of New Pipeline Facilities
• Construction and Abandonment Authorizations
• Desert Sky Wind Project , (2009)
• East Texas Electric Cooperative, Inc. v. FERC, D.C. Circuit Case No. 06-1090
• McClain Power Plant Acquisition
• Merger of LG&E Energy and KU Energy
• Merger with American Electric Power
• MRT Rate Proceeding
• National Fuel Gas Supply Corp., 468 F.3d 831 (D.C. Cir. 2006)
• Nevada Solar One Project , (2007)
• NorAm Merger with Houston Industries Incorporated
• Participation in Pipeline Industry
• PHMSA Special Permit to Increase MAOP
• Pipeline Safety
• Power Purchase Agreement
• Power Sales Contracts
• PURPA Mandatory Purchase Obligation
• Regulatory Compliance Programs
• Utility Rate Proceeding
• Wind Energy RFP

Bar Admissions

• District of Columbia
• Virginia

Education

• Georgetown University

Published Works

• 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