Kenneth B.Driver (Ken)

Partner

Washington + 1.202.879.7629

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For more than 20 years, Ken Driver has guided the Firm's clients in the electric and natural gas industries through the U.S. regulatory landscape to achieve their commercial and regulatory compliance goals as they undertake investments in new infrastructure and services. In recent years, he has helped several electric transmission-only companies implement a comprehensive regulatory strategy to compete for new projects under the Federal Energy Regulatory Commission's Order No. 1000.

Ken has represented clients in connection with the full array of FERC matters, including audits and enforcement investigations, electric utility mergers and acquisitions, general and formula rate cases, affiliate pricing requirements, facility interconnection, regional transmission planning, regional energy market rules, and pipeline certificates. Before the courts, he has helped defend a favorable agency decision by securing Supreme Court review of an adverse appellate decision and helped secure an appellate decision vacating FERC's expansion of its affiliate standards of conduct. Ken also represents clients in pipeline safety matters before the Department of Transportation's Pipeline and Hazardous Materials Safety Administration. Representative clients include Xcel Energy Inc., OGE Energy, Enable Midstream Partners, and SCANA Corporation.

Ken is actively involved in the American Bar Association's Infrastructure and Regulated Industries Section, having served as vice chair and chair of the section's Electricity Committee, chair of the Program Committee, and a member of the section's book board. He is a member of the Energy Bar Association.

Experience

  • South Carolina Electric Generating Company revises unit power sales agreementJones Day is representing South Carolina Generating Company, Inc. in revising a unit power sales agreement.
  • Dominion Energy South Carolina modifies transmission agreement with South Carolina Public Service AuthorityJones Day is representing Dominion Energy South Carolina, Inc. (DESC), formerly known as South Carolina Electric & Gas Company, in filing modifications to its transmission agreement between DESC and South Carolina Public Service Authority.
  • South Carolina Electric & Gas updates network integration transmission service agreementsJones Day represented South Carolina Electric & Gas Company (SCE&G) in filings associated with its provision of Network Integration Transmission Service.
  • OGE Energy acquires 360 MW coal-fired generation facilityJones Day advised Oklahoma Gas and Electric Company, a subsidiary of OGE Energy Corp., in the purchase of a 360 MW coal-fired generation facility and associated equipment from AES Shady Point, LLC, now known as River Valley Power Plant.
  • South Carolina Electric & Gas acquires natural-gas-fired power plant for $180 millionJones Day advised South Carolina Electric & Gas Company, principal subsidiary of SCANA Corporation, in its $180 million acquisition of a 540-megawatt, combined-cycle, natural-gas-fired power plant from Columbia Energy LLC, including assistance securing Federal Energy Regulatory Commission approval of the transaction.
  • Xcel Energy subsidiaries secure FERC approval of rate incentives for transmission line constructionJones Day represented Northern States Power Company, a Minnesota corporation and Northern States Power Company, a Wisconsin corporation, two public utility operating company subsidiaries of Xcel Energy Inc., in securing Federal Energy Regulatory Commission approval for an abandoned plant rate incentive for the construction of a 345 kV transmission line, to be located in south central Minnesota, along with associated substation expansions.
  • OGE Energy receives FERC approval for dissolution of Arklahoma CorporationJones Day assisted Oklahoma Gas and Electric Company in connection with the dissolution of The Arklahoma Corporation, including in securing Federal Energy Regulatory Commission approval for the transfer of Arklahoma's electric transmission assets to its three owners, each of which is a public utility.
  • Oncor Electric Delivery Company refinances existing credit facilityJones Day represented Oncor Electric Delivery Company LLC, a regulated electric transmission and distribution service provider, in connection with the $2 billion unsecured refinancing of its existing revolving credit facility.
  • Oncor Electric Delivery Company obtains $275 million credit facilityJones Day represented Oncor Electric Delivery Company LLC, a regulated electric transmission and distribution service provider, in connection with a $275 million springing-lien term loan credit facility with Wells Fargo Bank, National Association, as administrative agent.
  • SHV Energy acquires propane businesses of American Midstream Partners for $170 millionJones Day advised SHV Energy N.V. in the $170 million acquisition of the propane businesses (Pinnacle Propane, LLC, Alliant Gas, LLC and Pinnacle Propane Express, LLC) of American Midstream Partners, LP (“AMID”).
  • Koch Ag & Energy Solutions sells 1,054 MW CCGT Plant in Odessa, Texas to Vistra EnergyJones Day advised Koch Ag & Energy Solutions, LLC, a subsidiary of Koch Industries, Inc., in the sale of a 1,054 MW combined cycle, combustion turbine power plant located in Odessa, Texas, to a subsidiary of Vistra Energy, the parent company for TXU Energy and Luminant, for $350 million in cash, plus a potential spark spread-based earnout.
  • Itron acquires Comverge for approximately $100 millionJones Day advised Itron, Inc. (NASDAQ: ITRI) in its approximately $100 million cash acquisition of Comverge, Inc. by way of the purchase of its parent company, Peak Holding Corp.
  • Southwestern Public Service Company secures FERC approval of updated transmission loss factorsJones Day assisted Southwestern Public Service Company, an Xcel Energy Inc. operating company, in securing Federal Energy Regulatory Commission approval of revision to the company's open access transmission tariff in order to update the transmission loss factors used in calculating transmission and distribution real power losses.
  • Northeast Transmission Development petitions FERC for approval of transmission formula rate and transmission rate incentivesJones Day represents Northeast Transmission Development LLC (NTD), an affiliate of LS Power, in a proceeding before the Federal Energy Regulatory Commission for approval of a transmission formula rate and transmission rate incentives for NTD's investment in the Artificial Island Project, a transmission project designed to improve system stability and reliability in the PJM region.
  • Enable Midstream interstate pipelines secure FERC approval of tariff revisions incorporating recent North American Energy Standards Board standardsJones Day assisted two interstate pipelines of Enable Midstream Partners, LP to comprehensively revise their tariffs in order to incorporate revised standards issued by the North American Energy Standards Board and to secure approval of the revised tariffs from the Federal Energy Regulatory Commission.
  • Global diversified financial services company acquires power trading portfolio of global banking and financial services companyJones Day advised a global diversified financial services company in the acquisition of the power trading portfolio of a global banking and financial services company.
  • Southwestern Public Service Company receives FERC approval for its amended wholesale power sales agreements with power service customers, along with resolution of disputed matters pending for over a decadeJones Day represented Southwestern Public Service Company ("SPS"), an Xcel Energy Inc. operating company, in its filing with the Federal Energy Regulatory Commission to amend the wholesale power sales agreements between SPS and its requirements power service customers.
  • Global diversified financial services company acquires Texas ERCOT power and natural gas commodity business of multinational banking and financial services companyJones Day represented a global diversified financial services company in the acquisition of the Texas ERCOT power and natural gas commodity business of a multinational banking and financial services company.
  • Procter & Gamble purchases steam from Constellation Energy to power one of P&G’s largest U.S. manufacturing facilitiesJones Day represented The Procter & Gamble Company ("P&G") in an agreement with Constellation Energy to purchase steam for a 20-year term from a 50 MW biomass plant that will be one of the largest biomass renewable energy plants in the U.S.
  • Xcel Energy Transmission participates in proceeding before Regulatory Commission of Alaska regarding possible establishment of independent system operator to oversee certain electric transmission facilitiesJones Day assisted Xcel Energy Transmission Holding Company, LLC, an Xcel Energy Inc. subsidiary, with its participation in a proceeding before the Regulatory Commission of Alaska (Docket No. 1-15-001).
    • View All

    JUNE 2020 Commentaries

    FERC Revises Return on Equity Methodology for Electric Utilities, Yet Again

    March 2020 Alerts

    FERC Eases Regulatory Obligations in Response to COVID-19

    December 2019 Commentaries

    FERC Opens a New Phase in Fights Over Utility Returns on Equity

    March 2018 Commentaries

    FERC Announces Initiatives Regarding Income Tax Cost Recovery for Pipelines and Utilities

    May 2017 Jones Day Publications

    DC Circ. Raises Bar For Utility Rate Complaints, Law 360

    April 2017 Commentaries

    D.C. Circuit Tells FERC to Try Again on Utility Rates of Return

    February 2017 Commentaries

    FERC, Facing Rare Loss of Quorum, Delegates Additional Authority to Its Staff, but Uncertainties Remain

    December 2016 Commentaries

    Court's Concern About Recovery Windfall Triggers FERC Inquiry

    November 2016 Commentaries

    New Regulations Authorize PHMSA to Issue Emergency Orders to Address Imminent Hazards

    August 2016 Commentaries

    U.S. Congress Reauthorizes Pipeline Safety Agency and Mandates New Pipeline Safety Requirements
    View All

    Speaking Engagements

    • May 25, 2017
      Federal and Appellate Developments Affecting Electric Transmission, Electric Transmission in the West, Law Seminars International
    • May 5, 2015
      Energy Bar Association 2015 Annual Meeting: Can a Market-Based Rate Approach Work for Order No. 1000 Transmission Projects?
    • May 20, 2014
      2014 Speaker Series: Energy and Construction Law Update
    • November 10, 2009
      Executive Roundtable Series: Update on Renewable Energy and Climate Change Initiatives
    • October 2009
      Building and Paying for New Transmission Needed to Get Renewable Energy to Market (ABA PUCAT Section)
    • September 2009
      Update on Market Manipulation Rules and Enforcement, FERC Compliance Summit (Infocast)
    • October 2008
      Update on Market Manipulation Rules and Enforcement, FERC Compliance Summit (Infocast)
    • June 2008
      FERC's New Reliability Standards For Cyber Security and Facilities Design, Energy in the Southeast, Law Seminars International
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