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Kenneth M. Kulak

Partner

Ken Kulak counsels energy companies in regulatory proceedings, including ratemaking proceedings, before public utility commissions and in transactional matters. He advises public utilities, project developers, investors, and corporate energy users on retail and wholesale electricity markets, renewable portfolio standards, distributed generation (including microgrids), demand response, and energy efficiency. Clients seek his advice in navigating the legal issues associated with the development, purchase, sale, and financing of renewable energy and storage projects, including the negotiation of power purchase agreements; engineering, procurement, and construction (EPC) contracts; and operations and maintenance (O&M) agreements.

Extended Profile

Ken is a lecturer at the University of Pennsylvania Law School, where he teaches a seminar on energy law and climate change. He is also a senior fellow at the University of Pennsylvania’s Kleinman Center for Energy Policy, advising on energy storage issues.

Before joining Morgan Lewis, Ken worked as a trial lawyer in the Civil Division of the US Department of Justice in Washington, DC, representing the United States in contract and employment law cases. He handles trials and appeals of complex contractual disputes involving finance, accounting, and federal taxation. From 1994 to 1996, Ken served as a law clerk to Judge Raymond J. Broderick of the US District Court for the Eastern District of Pennsylvania.

Education

  • Carnegie Mellon University, 1982, B.A.
  • University of Pennsylvania Law School, 1994, J.D.

Admissions

  • Massachusetts
  • Pennsylvania

Clerkships

  • Clerkship to Judge Raymond Broderick of the US District Court for the Eastern District of Pennsylvania (1994 - 1996)

Awards and Affiliations

Recommended, Industry focus: Energy: renewable/alternative, The Legal 500 US (2018)

Recognized, CleanTech Law, Philadelphia, The Best Lawyers in America (2015, 2017–2019)

Member, Law Firm of the Year, Energy/Projects: Power (including Renewables), Chambers USA (2018)

Member, Practice Group of the Year, Energy, Law360 (2016)

Member, Energy Law Firm of the Year, US News & World Report/Best Lawyers (2015)

Member, American Bar Association, International Law and Practice Section

Member, Energy Bar Association

Articles Editor, University of Pennsylvania Law Review

Former Member, Order of the Coif

Recipient, Arlin M. Adams Public Interest Scholarship

Publications

1/2/2019 - New Jersey Receives Offshore Wind Applications, Power & Pipes

12/27/2018 - NY Commission Adopts 3.0 GW Energy Storage Goal, Power & Pipes

10/2/2018 - Second Circuit Affirms New York’s 'Zero Emissions Credit' Program, Up & Atom

10/2/2018 - New York’s 'Zero Emissions Credit Program' Upheld by Second Circuit, Power & Pipes

9/14/2018 - Illinois ‘Zero Emission Credits’ Program Upheld by Seventh Circuit, Up & Atom

9/14/2018 - Seventh Circuit Affirms the Illinois ‘Zero Emission Credits’ Program, Power & Pipes

6/1/2018 - FERC and DOJ Side with Illinois on ZECs, Power & Pipes

1/26/2018 - Energy Now Podcast Features Morgan Lewis Partner, Power & Pipes

11/13/2017 - Pennsylvania Adds In-State Solar Requirement to Its Alternative Energy Portfolio Standard, Power & Pipes

2/1/2017 - Energy Partner Participates in Podcast on Energy Storage, Power & Pipes

11/22/2016 - FERC Proposes to Integrate Electric Storage into Organized Markets

5/27/2016 - Emergency Energy Storage Solicitation

6/25/2015 - Battery Energy Storage Facilities May Be Subject to Wholesale Distribution Charges

April 2014 - Powering Sustainability

1/23/2014 - Legal Issues Raised by Distributed Generation and Net Metering, presented at the Institute for Energy Law’s Renewable Energy Law Conference, San Diego, CA

7/23/2013 - Co-author, The "Low-Hanging Fruit" of Energy-Efficient Buildings, The Legal Intelligencer

4/18/2013 - IRS Releases “Start Construction” Guidance for Renewable Energy Facilities

1/23/2013 - FERC Proposes Changes for Small Generator Interconnection Requests

8/20/2012 - Be As Green As You Can Be: Army Corps' RFP For Renewables, Law360

8/8/2012 - $7B in Contracting Opportunities for Renewable Energy Projects

2/16/2011 - Greater Philadelphia Alliance for Capital and Technologies (PACT) and Cleantech Alliance Mid-Atlantic (CAMA) “The Water-Energy Nexus: Opportunities in the Mid-Atlantic.”

2/7/2011 - Reworking The NJ Renewables Framework, Law360

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Events

6/7/2018 - 2018 Energy Storage Roundtable

2/28/2017 - Electric Energy, Oil, and Gas Regulatory Trends

7/12/2016 - Smart Electric Power Alliance’s National Town Meeting on Demand Response and Smart Grid

3/17/2016 - Renewable Energy and Storage Trends for 2016

1/25/2016 - Infocast’s Storage Week

5/14/2015 - Developments in New York’s “Reforming the Energy Vision”

10/14/2014 - 2014 Wharton Energy Conference

5/20/2014 - Infocast’s Distributed Solar East 2014

2/24/2014 - Infocast’s Solar Power Finance and Investment Summit 2014

9/24/2013 - Infocast’s Project Finance: The Tutorial

10/28/2011 - 2011 Wharton Energy Conference

6/8/2011 - Distributed Solar East 2011

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