Michael L. Kessler focuses his practice on energy matters, with particular focus in competitive electricity markets, the development and finance of energy projects, and related federal and state regulatory matters. He represents the Midwest Independent Transmission System Operator, Inc. on a wide variety of matters relating to independent transmission system operator markets and operations, including the development and implementation of the Midwest ISO energy and ancillary services markets. Mr. Kessler has represented the Midwest ISO in a broad range of federal regulatory proceedings, including Alternative Dispute Resolutions, matters relating to financial transmission rights, grandfathered agreements, billing and settlements, and other tariff issues.

Mr. Kessler has served as counsel to number of independent energy project developers in the development and/or acquisition of electric generating and other infrastructure facilities, both domestic and international. He represented a major domestic independent power producer and power marketer on matters relating to the acquisition of approximately 5000 Mw of generating capacity and other assets in the mid-Atlantic region. He also has served as lead counsel in restructuring energy sales and interconnection agreements, including resolution of interconnection and transmission issues and arrangements. In addition, he has served as counsel to various independent energy producers and industrial consumers in the negotiation of electricity purchase and/or sales, fuel supply, transmission, interconnection, and operation and maintenance agreements; providing advice regarding deal structure; and representation before federal and state regulatory agencies in obtaining regulatory approvals relating to such transactions. His international experience includes projects in Pakistan and the Philippines.

Mr. Kessler also has represented clients in the emerging retail energy markets, having served as general counsel and vice president for American Energy Solutions, Inc., a company providing consumer-oriented retail energy services, including load aggregation and competitive bidding for energy supply. He also has been involved in the privatization of utility assets at U.S. military facilities, including having served as lead counsel to a major industrial development authority.

Admitted to practice in the District of Columbia and Massachusetts, Mr. Kessler is a member of the American, District of Columbia and Energy bar associations. He is a 1980 cum laude graduate of Vermont Law School and a graduate of Brown University.

Representative Matters

Regulatory Matters

Lead counsel to the Midwest Independent Transmission System Operator (MISO) on the development of, and participation in Federal Energy Regulatory Commission (FERC) proceedings relating to, Day-Ahead and Real-Time Energy and Ancillary Services Markets, Financial Transmission Rights/Auction Revenue Rights, Grandfathered Agreements, market payments and settlements, and other issues arising under the MISO Energy and Ancillary Services Markets Tariff, including: participation in stakeholder meetings; developing tariff provisions and supporting documents; representation in FERC hearings, technical conferences, mediations, and other proceedings; and, developing strategy and drafting pleadings relating to such FERC proceedings.

Domestic Project Development and Acquisitions

Lead counsel to energy services and small cogeneration project development company with respect to drafting and negotiating energy sales and services agreements for projects to be developed in California and nationwide.
Lead counsel to energy marketer/project development company in drafting and negotiating steam sales and related land use agreements with multiple users in Massachusetts.
Counsel to major electric utility with respect to determination of avoided cost rates in Virginia.
Counsel to major independent energy project developer and power marketer with respect to the acquisition of approximately 5000 Mw of generating capacity and other assets in the mid-Atlantic region, including due diligence with respect to project agreements and compliance with related federal and state regulatory matters.
Lead counsel to energy marketer/project development company in restructuring energy sales and interconnection agreements with a 52 Mw waste-to-energy facility in Maryland.
Lead counsel to energy marketer in restructuring a 450 Mw power purchase agreement, including resolution of interconnection and transmission issues and arrangements with PJM.
Lead counsel to joint venture of two independent energy project developers in the sale of incremental energy from a 230 Mw cogeneration facility in Virginia, and related federal and state regulatory compliance matters.
Lead counsel to energy services company assisting in structuring and negotiating the sale of a 20 Mw inside-the-fence coal-fired cogeneration project located in Illinois, and in the procurement of thermal and electric energy for the industrial host company.
Lead counsel in connection with the development of a 150 Mw gas-fired exempt wholesale generation project in Pennsylvania, including evaluation and drafting response to utility request for proposals, negotiation of powers sales agreement, and advice regarding related federal and state regulatory matters.
Lead counsel in the development of a 52 Mw coal and black liquor-fired inside-the-fence cogeneration facility located in Pennsylvania, including negotiation of transmission services and power sales agreements, and related federal and state regulatory compliance matters.
Lead counsel in the development of a 5 Mw natural gas-fired inside-the-fence cogeneration project in New York.

Domestic Privatizations

Lead counsel to major domestic utility with respect to acquisition of various military utility system in the mid-Atlantic region, including reviewing and responding to requests for proposals and negotiating related service agreements.
Lead counsel to major industrial development authority with respect to privatization of a military facility in Pennsylvania, including negotiation of utility supply, utility sales, and operation and maintenance agreements, advice regarding deal structure, and representation before federal and state regulatory agencies.

Foreign Project Development and Acquisitions

Counsel to major foreign holding company in performing due diligence with respect to the acquisition and financing of a major water utility project in the Philippines.
Co-lead counsel in the development of a 140 Mw natural gas-fired generating facility located in Pakistan, including negotiation of power sales, government guarantee, fuel supply, and operation and maintenance agreements.

Other Projects

Counsel to domestic start-up company in the structure and potential sale of greenhouse gas credits.

Professional Activities

American Bar Association
District of Columbia Bar Association
Energy Bar Association

Admissions

District of Columbia
Massachusetts
U.S. Court of Appeals for the District of Columbia Circuit

Education

Vermont Law School, J.D., cum laude, 1980
Brown University, B.A., 1975

Experience

Duane Morris LLP
- Partner, 2007-present
Powell Goldstein LLP
- Partner, 2004-2007
Troutman Sanders LLP
- Of Counsel, 1999-2004
American Energy Solutions, Inc.
- Vice President and General Counsel, 1997-1999
Andrews & Kurth
- Partner, 1994-1997
Katten Muchin & Zavis
- Partner, 1990-1994
Wickwire Gavin, P.C.
- Partner, 1985-1990
Skadden, Arps
- Associate, 1983-1985
Federal Energy Regulatory Commission
- Counsel, 1980-1983

Civic and Charitable Activities

Leadership Committee, Vermont Law School
Advisory Board, YoKid

Selected Publications

"Midwest ISO Energy Markets by Design," The Electricity Journal, June 2005
"Do the Benefits of Competitive Wholesale Markets Truly Exceed the Costs?" Electric Light & Power, September 2004

Selected Speaking Engagements

Competitive Energy Markets, Vermont Law School, Energy Law Institute, July 2006