Kenneth W. Irvin

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.