Kenneth L. Wiseman

experienced

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Contact Information

Washington, DC

1350 I Street, NW
Suite 1100
Washington, DC 20005
P: +1.202.662.2715
F: +1.202.662.2739
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Kenneth L. Wiseman

Partner

Washington, DC Office
1350 I Street, NW
Suite 1100
Washington, DC 20005
P: +1.202.662.2715
F: +1.202.662.2739

Ken is Chair of the Energy Regulatory Section. Ken's practice focuses on regulation of the electric and natural gas industries. He has been with the firm since 1986 and has concentrated on the field of energy regulation since 1979. Prior to joining the firm, Ken was an Associate Solicitor for the U.S. Department of Energy and subsequently served as in-house legal counsel for a major interstate natural gas pipeline. Ken litigates complex energy cases and provides strategic advice to senior company executives on all aspects of electric and gas regulation and related commercial undertakings. He has argued cases before the United States Court of Appeals for the District of Columbia Circuit, the Florida Supreme Court, the Maryland Court of Appeals (the highest court in Maryland) and other state and federal courts. Ken also regularly serves as lead counsel in arbitrations.

Electric Regulatory Experience

Ken counsels market participants on the interpretation and application of the market rules, terms and conditions of service and settlement procedures under the tariffs of Regional Transmission Organizations (RTOs). He has represented and counseled electric clients in ISO-NE, CAISO, ERCOT, NYISO, PJM and SPP, as well as clients in regions not included in any RTO. Ken has also assisted numerous clients in the negotiation of interconnection and transmission agreements.

Ken played a prominent role in the proceedings and settlement negotiations that led to the Forward Capacity Market in New England. He also was lead counsel in negotiating an amendment to ISO-NE’s “Cold Weather Procedures” to better align the scheduling of electric and gas in New England. Most recently he has played a significant role in proceedings involving the reset of capacity prices in the markets operated by NYISO, the effect of buy-side market power in those markets, and the rules and jurisdictional disputes concerning the provision of Black Start service in New York. Ken also has substantial experience involving the application of North American Electric Reliability Corporation (“NERC”) reliability standards to generators.

A significant portion of Ken's practice also has involved providing regulatory advice concerning the development, acquisition and/or divestiture of generation facilities. In the course of providing that advice, Ken conducts due diligence to identify regulatory issues associated with the facilities to be developed or transferred. Ken also has been extensively involved over the last decade in agency and court proceedings arising out of the restructuring of the electric industry.

In addition, Ken played a prominent role in the lead bankruptcy case concerning issues related to the relationship of the bankruptcy code to the Federal Power Act.

Natural Gas Experience

Ken has represented interstate natural gas pipeline companies since 1985. He has extensive experience in litigating major rate cases under Sections 4 and 5 of the Natural Gas Act (NGA). He also has counseled pipelines on matters involving significant construction projects and authorizations required under NGA Section 7. The construction projects have ranged from major long-line pipeline expansions to supply and market laterals and storage facilities. Those projects have involved the spectrum of regulatory issues such as compliance with open season procedures, development of open access tariffs, levelized, market-based and performance-based rates, capacity allocation, market power, bypass and capacity turnbacks.

Ken’s pipeline experience commenced as an in-house attorney for United Gas Pipe Line Company (United). Ken was the in-house attorney charged with overall responsibility for United’s litigation.

Ken joined Andrews Kurth in 1986. Since joining the firm, Ken has worked on behalf of numerous interstate pipelines. An illustrative list of those pipelines includes: El Paso Natural Gas Company, Guardian Pipeline, L.L.C., Mojave Pipeline Company, Northern Border Pipeline Company, Portland Natural Gas Transmission System, Southern Natural Gas Company, Tennessee Gas Pipeline Company, Transcontinental Gas Pipe Line Corporation and Viking Gas Transmission Company.

Ken has been involved in cutting-edge issues that have affected the natural gas pipeline industry. He helped draft one of the first natural gas pipeline open access tariffs. He also was the lead attorney responsible for negotiating and drafting an agreement among multiple unaffiliated interstate pipelines for the construction of a combined offshore/onshore pipeline that led to FERC’s first-ever approval of leaseback arrangements among multiple pipeline sponsors.

Representative Experience

Electric

  • Litigated FERC proceedings concerning development of RTO capacity markets involving claimed costs of $20 billion
  • Litigated FERC proceedings concerning development of RTO cold weather pricing rules and $1000/MWh price cap
  • Arbitration concerning interpretation and application of ISO congestion management pricing rules
  • Represented industry participant in investigation by a state attorney general concerning allegations of exercise of market power and price manipulation by industry participants
  • Arbitration concerning ISO dispatch and settlement procedures
  • Conducted due diligence for almost 12,000 MW of gas, coal, wind and/or hydroelectric generating facilities associated with potential acquisitions by major energy companies, global investment firms and/or private equity firms
  • Provided regulatory advice and prosecuted FERC applications associated with sales of over 8,000 MW of generating capacity

Natural Gas

  • Served as first chair in numerous litigated rate and certificate proceedings on behalf of various interstate pipelines
  • Served as first chair in litigated enforcement proceedings
  • Served as first chair on behalf of pipeline marketing affiliates in arbitrations concerning gas contract pricing disputes
  • Negotiated and obtained FERC approval for innovative agreements involving the lease of interstate pipeline capacity
  • Negotiated settlement of almost decade-long dispute between two interstate pipelines
  • Experience in coordinating complex, multi-jurisdictional litigation strategies

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