Partner

Kenneth W. Irvin

Energy
M&A
Securities Enforcement and Regulatory

kirvin@sidley.com

Washington, D.C. +1 202 736 8256

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KENNETH IRVIN is a co-leader of Sidley’s global Energy practice. He represents clients on a variety of regulatory, enforcement, compliance, and transactional matters involving the U.S. wholesale electricity and natural gas markets, and the energy transition. Ken has extensive experience representing clients in regulatory and investigation 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 in Chambers USA for Nationwide Energy: Electricity (Regulatory & Litigation) (2020–2024) and Nationwide Energy: Oil & Gas (Regulatory & Litigation) (2010–2024). He is also recognized by Chambers Global for Energy: Electricity (Regulatory & Litigation) (USA) (2022–2024), and Energy: Oil & Gas (Regulatory & Litigation) (USA) (2022–2024). He also has 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 is a member of the firm’s Chambers-ranked Automotive and Mobility Leadership Committee, which is composed of lawyers from around the world in various practice areas dedicated to driving the firm’s growth in the automotive and mobility sector.

Experience

Ken’s experience includes:

Represented Osprey Energy Holdings in the sale of Lanyard Power, owner of the Chalk Point and Dickerson power plants in Maryland.
Represented Macquarie, Inc., as an agent, in a successful out-of-court restructuring of its loans to Lanyard Power, owner of two gas-generated power facilities in Maryland.
Represented 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.
Represented Brookfield Renewable Trading & Marketing on its sale of emissions-free power to Puget Sound Energy.
Represented power generators in connection with FERC various enforcement actions.
Represented GIC in connection with its commitment to NextDecade Corporation’s (NextDecade) (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.
Advised Argo Blockchain plc on energy regulatory issues in connection with its initial public offering.
Represented Vineyard Offshore in connection with proceedings before the California PUC about OSW procurement, resource planning and transmission development.
Advised 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.
Represented a bank lending to EV charge point developer.
Advised NiSource Inc. on energy regulatory matters in the sale of the gas distribution business of its subsidiary to Eversource Energy for $1.1 billion.
Advised on the acquisitions of wholesale natural gas and wholesale power trading portfolios and international crude oil business.
Represented a pipeline company on the acquisition of a FERC NGA 7 pipeline.
Represented a midstream company regarding FERC jurisdiction over natural gas pipeline facilities.
Represented a trucking company on a grant program to build natural gas refueling centers for Class 7–8 trucks.
Represented a coal miner in connection with carbon/GHG offset credits.
Represented numerous clients on structuring CARB allowance transactions.
Represented clients in FERC Order 712 asset management agreements.
Represented a retail energy provider in purchasing another retail provider.
Represented a merchant energy company in connection with the acquisition of a power plant.
Represented 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.
Represented an energy trading firm in connection with FERC investigatory matters concerning wholesale energy markets.
Represented a utility holding company in connection with the acquisition of an LNG import terminal.
Represented the Mexican Federal Electricity Commission (CFE) in connection with the development of new natural gas pipelines from Texas to the border, in connection with acquiring natural gas and transportation services to serve CFE’s needs and in connection with a gas transportation agreement for newly constructed pipelines in Mexico.
Represented a retail energy provider contracting for wholesale supply and credit lines.
Represented Coaltrain Energy, L.P., in defending the manipulation case brought by FERC in the U.S.
Handled high-profile acquisitions of wholesale natural gas and wholesale power trading portfolios, as well as in connection with structuring wholesale supply arrangements for retail energy service companies.
Established commodity inventory facilities for gas, crude, refined products, and acquiring a tolling agreement.
Represented a client as a passive investor in connection with the leveraged lease of a power plant, the owner of which has filed for bankruptcy.
Represented a generation owner before FERC on regulatory matters and market design of regional transmission organization.

Ken 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). Ken also serves on the Syracuse University College of Law Board of Advisors, and on the Clarkson University Honors Program Advisory Council.

Credentials

Admissions & Certifications

U.S. Supreme Court
U.S. Court of Federal Claims
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
U.S. Court of Appeals, 5th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. Court of Appeals, 11th Circuit
U.S. Court of Appeals, D.C. Circuit
District of Columbia
New York

Education

Syracuse University College of Law, J.D., 1992 (magna cum laude)
Clarkson University, B.S. in Electrical Engineering, 1987