Kenneth W. Irvin

KENNETH IRVIN is a co-leader of Sidley’s global Energy and Infrastructure practice. With over 30 years of experience, Ken has a leading practice representing financial institutions, utilities, independent power producers, developers, data center operators, hyperscalers, digital infrastructure investors, and energy marketers in high-stakes matters before the Federal Energy Regulatory Commission (FERC), including regulatory, enforcement, litigation, and transactional matters involving the U.S. wholesale electricity and natural gas markets.

Ken regularly leads precedent-setting proceedings under the Federal Power Act and Natural Gas Act, including Section 203 merger approvals; market-based rate authority, rate, and tariff litigation; reliability must-run proceedings; enforcement investigations; Order 712 asset management agreements; complex cross–regional transmission organization (RTO) market issues; and matters involving large-load facilities and co-located generation structures.

His practice spans the full energy value chain — from gas pipeline regulation and liquefied natural gas (LNG) development to wholesale power market design, energy transition projects, data center co-location arrangements, artificial intelligence-driven load growth, behind-the-meter generation strategies, Federal Power Act Section 202(c) emergency issues, and large-scale infrastructure financings — where FERC approval or oversight is critical to transaction execution and ongoing operations.

Ken regularly advises utilities, asset managers, power marketers, and developers on regulatory issues arising from the rapid growth of data centers, artificial intelligence infrastructure, and other large-load facilities, including integration of hyperscale load into utility resource planning, structuring long-term emissions-free wholesale supply arrangements (including nuclear and hydroelectric resources), cross-market capacity exports, and navigating FERC and state regulatory approvals necessary to support digital infrastructure development.

Ken is one of only a handful of practitioners ranked in Chambers USA for both Nationwide Energy: Electricity (Regulatory & Litigation) (2020–2025) and Nationwide Energy: Oil & Gas (Regulatory & Litigation) (2010–2025). He has also been commended by Best Lawyers in the areas of Bankruptcy and Creditor-Debtor Rights, Insolvency and Reorganization, and Bankruptcy Litigation (2013–2019). Ken was selected by The National Law Journal for inclusion in the annual list of Energy & Environmental Trailblazers. The recognition honors individuals who have “moved the needle” and made an impact at the “crucial intersection of energy production and the environment.” Ken received his J.D. from Syracuse University College of Law and his B.S.E. from Clarkson University.

• Macquarie, Inc., as an agent, in a successful two-phase, out-of-court restructuring of its loans to Lanyard Power—owner of two Maryland gas-fired facilities — culminating in a fully consensual US$30 million bridge financing, a complex interim equity and operator structure, and the sale of the generation facilities to Osprey Energy Holdings, LLC, effective January 1, 2024.
• CFE International, its parent Comisión Federal de Electricidad, and its affiliate CFEnergia (collectively (CFE)) in all aspects of their procurement of gas supplies and development of infrastructure from the United States to serve power generation in Mexico and other demand, including LNG and ammonia exports from Mexico.
• Dairyland Electric Cooperative in connection with a transmission development project, including energy and environmental compliance issues.
• Tract Capital Management, LP related to Duke Energy Progress, LLC and Duke Energy Carolinas, LLC’s Biennial Consolidated Carbon Plan and Integrated Resource Plan in Docket No. E-100, Sub 190 of the North Carolina Utilities Commission.
• Developers, utilities, and power marketers on regulatory strategies to support data center and AI infrastructure growth, including co-located generation, large-load interconnection issues, and emissions-free wholesale supply arrangements.
• J. Aron & Company in obtaining market-based rate authorization from FERC for over 10 different wholesale power suppliers in connection with municipal utility prepaid power transactions.
• Jane Street Energy Marketing LLC in numerous regulatory capacities including assisting with standing up physical natural gas trading and marketing business.
• Morgan Stanley Capital Group, Inc. in numerous regulatory matters before the FERC related to its electricity and natural gas marketing activities.
• Lee County Generating Station, LLC in its complaint against PJM Interconnection L.L.C. (PJM) related to penalties assessed for generator performance during Winter Storm Elliot.
• EDF Trading North America in connection with proceedings before FERC to recover fuel costs arising from dispatch instructions from California Independent System Operator (CAISO) of the La Paloma power plant for reliability purposes.
• Glenfarne Group, LLC, a New York- and Texas-based developer and operator of energy and infrastructure assets, in the development of Alaska LNG (including key regulatory matters), a project designed to deliver natural gas to Alaska utility companies and Alaska residents as well as to export LNG around the world.
• Citigroup Energy, Inc. with regulatory compliance, structuring and documenting natural gas asset management agreements.
• Vistra Corp., Calpine Corporation, and LS Power Development, LLC, as joint clients, in a proceeding at the Federal Energy Regulatory Commission to consider cost of service contracts within PJM Interconnection, L.L.C. for two generation facilities (H.A. Wagner LLC and Brandon Shores LLC).
• Macquarie Energy LLC and Brookfield, as joint clients, with respect to seeking review of certain orders of the FERC regarding the implementation of FERC’s WECC Soft-Cap Rule at the Court of Appeals for the D.C. Circuit.
• Merrill Lynch Commodities, Inc. in regulatory matters before the FERC related to its electricity and natural gas marketing activities.
• Morgan Stanley Capital Group on its power purchase agreements with hyperscalers and on MSCG purchase of emissions-free power from hydroelectric facilities in the Pacific Northwest.
• Brookfield Renewable Trading & Marketing on its sale of emissions-free power to Puget Sound Energy.
• Power generators in connection with various enforcement actions of FERC.
• GIC in connection with its commitment to NextDecade Corporation’s (NASDAQ: NEXT) Phase 1, a US$18.4 billion LNG project, and winner of Project Finance International’s “Deal of the Year” award in 2024.
• Argo Blockchain plc on energy regulatory issues in connection with its initial public offering.
• Vineyard Offshore in connection with proceedings before the California PUC about OSW procurement, resource planning, and transmission development.
• Stonepeak Infrastructure Partners and its portfolio company, Oryx Midstream Holdings LLC, on marketing and regulatory considerations in a joint venture with Plains All American of their respective Permian Basin assets.
• A bank lending to an EV charge point developer.
• NiSource Inc. on energy regulatory matters in the sale of the gas distribution business of its subsidiary to Eversource Energy for US$1.1 billion.
• A client on the acquisitions of wholesale natural gas and wholesale power trading portfolios and international crude oil business.
• A pipeline company on the acquisition of a FERC NGA 7 pipeline.
• A midstream company regarding FERC jurisdiction over natural gas pipeline facilities.
• A trucking company on a grant program to build natural gas refueling centers for Class 7–8 trucks.
• A coal miner in connection with carbon/GHG offset credits.
• Numerous clients on structuring CARB allowance transactions.
• Various clients in FERC Order 712 asset management agreements.
• A retail energy provider in purchasing another retail provider.
• A merchant energy company in connection with the acquisition of a power plant.
• A pipeline company on self-report to FERC enforcement and to certificate the pipeline for interstate gas transportation. The certificate was issued, and the enforcement matter concluded, with no adverse action by FERC.
• An energy trading firm in connection with FERC investigatory matters concerning wholesale energy markets.
• A utility holding company in connection with the acquisition of an LNG import terminal.
• A retail energy provider contracting for wholesale supply and credit lines.
• Coaltrain Energy, L.P., in defending the manipulation case brought by FERC in the U.S.
• Numerous retail energy service companies in high-profile acquisitions of wholesale natural gas and wholesale power trading portfolios, as well as in connection with structuring wholesale supply arrangements.
• A client in connection with establishing commodity inventory facilities for gas, crude, and refined products and with acquiring a tolling agreement.
• A client as a passive investor in connection with the leveraged lease of a power plant, the owner of which has filed for bankruptcy.
• A generation owner before FERC on regulatory matters and market design of regional transmission organization.