Kevin J. McKeon

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Partner

Kevin appears regularly before the Federal Energy Regulatory Commission (FERC), the Pennsylvania Public Utility Commission (Pa. PUC), other Pennsylvania agencies, and state and federal appellate courts.

Kevin’s FERC practice includes ongoing California energy crisis litigation and the representation of natural gas distribution companies in interstate pipeline proceedings. Kevin’s Pa. PUC practice includes representation of natural gas and electric distribution companies in rate and merger proceedings. He also represents gaming clients before the Pennsylvania Gaming Control Board (PGCB) and Pennsylvania courts.

In his appellate practice, Kevin handles appeals from FERC, the Pa. PUC, the PGCB, and original jurisdiction challenges to state action before Pennsylvania’s Commonwealth Court and related appeals. He also appears frequently as appellate counsel in other areas of substantive law. Kevin is Chair of the Pennsylvania Supreme Court’s Appellate Court Procedural Rules Committee and co-author of West's Pennsylvania Appellate Practice. He is the 2014 recipient of the James S. Bowman award for outstanding practice and mentoring in administrative law.

Representative Matters

  • Represents California Attorney General in ongoing 2000-2001 energy crisis refund litigation before FERC and the federal courts
  • Represents pipeline operators in 2015 Gas Hazardous Liquids Pipelines Act (Act 127) complaint before Pa. PUC
  • Represented XTO Energy Inc. in 2014 NGDC gas cost recovery proceeding before Pa. PUC
  • Represented Dominion Transmission Inc. in 2013 merger proceeding of Peoples Natural Gas and Equitable Gas before the Pa. PUC
  • Represented UGI Electric in its 2011 Energy Efficiency and Conservation filing before the Pa. PUC
  • Represented Exelon in 2009 hostile takeover of NRG before Pa. PUC
  • Represented airline shippers in 2008 oil pipeline proceedings before Pa. PUC
  • Represented Dominion Resources, Inc.’s local distribution companies (LDCs) in pipeline proceedings before FERC and the federal courts
  • Represented Connecticut Natural Gas Company, Southern Connecticut Gas Company and Yankee Gas in pipeline proceedings before FERC and federal courts
  • Represented various Pennsylvania NGDCs in rate and certificate proceedings at the Pa. PUC
  • Represents Stadium Casino in licensure appeals from PGCB
  • Represents Pennsylvania Health Care Association in ongoing jurisdictional challenge to Attorney General’s investigation and prosecution of nursing homes  
  • Represented Bensalem Racing Association in its appeal from the Pa. Harness Racing Commission’s approval of Harrah’s Chester’s account wagering application.
  • Represented Pennsylvania Medical Society in challenge to Pennsylvania’s 2009 appropriation of MCARE funds for budgetary purposes
  • Represented Pennsylvania Racinos in 2007 preliminary injunction challenge to budget impasse shutdown of gambling operations

Representative Reported Cases

  • Pub. Utils Comm’n of Cal. v. Sellers of Long-Term Contracts, 155 FERC ¶ 63, 004 (2016) (initial decision finding that California Attorney General and other California complainants made necessary showing that Mobile-Sierra presumption does not apply to two long-term contracts based on finding of manipulation, fraud and public harm in excess of $1 billion)
  • Puget Sound Energy, Inc. v. Puget Sound Energy, Inc. v. All Jurisdictional Sellers of Energy and/or Capacity, 154 FERC ¶ 63,004 (2016)(initial decision finding that California Attorney General and other California complainants made necessary showing based on evidence of market manipulation and bad faith to avoid or overcome the Mobile-Sierra presumption that bilateral spot market contracts at issue were just and reasonable)
  • SugarHouse HSP Gaming, LP v. Pa. Gaming Control Bd.,__ A. 3d __ (Pa. 2016)(affirming PGCB’s grant of license to Stadium Casino and remanding for further proceedings)
  • California ex rel. Harris v. FERC, 784 F.3d 1267 (9th Cir. 2015)(FERC’s denial of refunds for California’s energy crisis purchases reversed and remanded)
  • San Diego Gas & Elec. Co., 149 FERC ¶ 61,116 (2014)(finding by FERC that California complainants, including California Attorney General, proved that respondent sellers engaged in thousands of tariff violations that affected the market clearing price in organized auction markets)
  • Greenwood Gaming and Entertainment, Inc. v. Dept. of Revenue, 90 A. 3d 699 (Pa. 2014)(sustaining casino-racetrack’s appeal from computation of tax on gross terminal revenue, reversing Commonwealth Court, and permitting exclusion from tax base of value of promotional awards to patrons)
  • Puget Sound Energy, Inc. v. Puget Sound Energy, Inc. v. All Jurisdictional Sellers of Energy and/or Capacity, 146 FERC ¶ 63,028 (2014)(initial decision finding that California Attorney General and other California complainants made necessary showing based on evidence of market manipulation and bad faith to avoid or overcome the Mobile-Sierra presumption that bilateral spot market contracts at issue were just and reasonable)
  • Hospital and Healthsystem Assoc. of Pa. v. Com., 77 A.3d 587 (Pa. 2013) (challenge to legislature’s raid of physicians’ professional liability funds for general budgetary purposes validated and case remanded)
  • Hospital and Healthsystem Assoc. of Pa. v. Ins. Comm’r, 74 A.3d 1108 (Pa. Cmwlth. 2013), (challenge to Insurance Commissioner’s interpretation of statutory formula for physicians’ professional liability fund assessment upheld and agency determination reversed)
  • Bensalem Racing Ass'n v. Pa. State Harness Racing Comm'n, 19 A.3d 549 (Pa. Cmwlth. 2011) (agency's orders denying intervention to competitor in account wagering application and granting application reversed)
  • Port of Seattle v. FERC, 499 F.3d 1016 (9th Cir. 2007), cert den. sub nom. 130 S. Ct. 1051 (2010) (FERC’s denial of refunds for California’s energy crisis purchases reversed and remanded)
  • Wings Field Pres. Assocs. L.P. v. Dept. of Transp., 776 A.2d 311 (Pa. Cmwlth. 2001) (statute imposing local restrictions on airport funding invalidated on special legislation and delegation grounds)

Honors & Distinctions

  • Chair, Pennsylvania Appellate Court Procedural Rules Committee (member, 2011-present)
  • 2014 recipient of Pennsylvania Bar Association’s James S. Bowman Award for outstanding practice in administrative law
  • Pennsylvania Superlawyers
  • Martindale-Hubbell “AV” Preeminent

Publications

  • West’s Pennsylvania Appellate Practice (3 Vol. Treatise updated annually)

Judicial Clerkship

  • Law Clerk to the Honorable James S. Bowman, President Judge, Commonwealth Court of Pennsylvania, 1979-1980

Government Service

  • Deputy Prothonotary for Law, Commonwealth Court of Pennsylvania, 1980-1982

Professional Affiliations

  • American Bar Association
  • Pennsylvania Bar Association
  • Dauphin County Bar Association
  • Energy Bar Association
  • James S. Bowman American Inn of Court
  • Commonwealth Court Historical Society