KEN IRVIN, a co-leader of Sidley’s global Energy practice area team, represents clients on a variety of regulatory, enforcement, compliance, and transactional matters involving the U.S. wholesale electricity and natural gas markets, as well as with respect to the energy transition. Ken has extensive experience representing clients in regulatory and investigations proceedings before the Federal Energy Regulatory Commission (FERC) and multiple state energy regulatory agencies, which includes handling FERC enforcement matters and self-reports. Ken regularly advises energy traders and marketers on physical and financial wholesale power and gas transactions, renewable energy credits, carbon emissions trading, renewable natural gas, mergers and asset acquisition approvals, regional energy market rules and tariff requirements, power purchase and sale agreements, and issues related to the design and operation of wholesale energy and capacity markets. Ken also advises energy companies, marketers, financial institutions, private equity funds and institutional investors and advisors on regulatory requirements under the Federal Power Act, the Natural Gas Act, the Public Utility Holding Company Act, and the creation and implementation of robust compliance programs.
Ken’s practice spans representing clients on federal and state commodity and energy, electricity, natural gas, oil, alternative energy, and emissions matters. In addition to helping clients ensure compliance with FERC and Commodity Futures Trading Commission (CFTC) requirements, Ken provides counsel on hedging and credit risks, contract structures and disputes, arbitrations, bankruptcy, non-performing assets, and regulatory issues involving energy and commodities trading.
Ken’s experience includes successfully defending clients on enforcement and anti-manipulation cases under FERC regulation, for investigations initiated by regulatory staff, whistleblowers, or self-reported. Ken also represents clients acquiring or releasing natural gas transportation and storage services; FERC v. bankruptcy jurisdictional battles, precedent agreements; asset management agreements under FERC Order 712; securing FERC approval for corporate reorganizations or acquisitions under the Federal Power Act section 203; PUHCA; handling complaint proceedings under FPA 206; and representing shippers in rate cases under the Natural Gas Act.
Frequently recognized as one of the leading lawyers in his field, Ken has been included since 2012 in Chambers USA, recognized by The Legal 500 U.S. for his Energy Regulatory practice (2010 – 2017), and commended by Best Lawyers in the areas of Bankruptcy and Creditor-Debtor Rights, Insolvency and Reorganization, and Bankruptcy Litigation (2013 – 2019). Ken was recently 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 also speaks frequently at industry conferences, including Platts Nodal Trader Platts Global Power. He is involved with various energy regulatory organizations, having served as Director for the Foundation of Energy Law Journal (2013-2016) and as Chair of the Energy Bar Association’s Finance and Transactions Committee (2013-2014).