Leading with experience

back
 
 

Mandy Kimbrough // Member
p: 512-615-1206 | f: 512-615-1198 | mkimbrough@enochkever.com

Mandy Kimbrough

Mandy Kimbrough’s practice primarily focuses on advising participants in the competitive electric market in ERCOT. In her twelve years of practice, Mandy has developed deep expertise regarding the detailed rules that govern the Texas wholesale and retail electricity markets. She represents power generation companies, wholesale market participants, and retail sellers of electricity before the Public Utility Commission of Texas (PUCT) in contested cases, rulemakings, and projects. She also provides regulatory advice to parties involved in mergers, acquisitions, asset purchases, and other transactions involving power generation facilities, wholesale sales businesses, and retail sales businesses in Texas. Mandy’s clients include large and small wholesale and retail market participants and investors in those companies. She routinely advises clients with respect to a wide range of regulatory compliance issues in the ERCOT market; assists clients with regular reporting requirements; provides clients with regular updates on changes to applicable regulations; and performs regulatory due diligence and obtains necessary regulatory approvals, both at the PUCT and at the Railroad Commission of Texas (RRC) (typically for natural gas pipelines associated with power generation facilities). She also represents clients in appellate matters, and, prior to entering private practice, clerked for Judge Priscilla Owen of the U.S. Fifth Circuit Court of Appeals.

Representative Experience

           

     Regulatory Counsel Related to Mergers, Acquisitions, and Affiliations

  • Has represented parties in numerous mergers, acquisitions, and affiliations among wholesale generators in Texas, with a focus on performing regulatory due diligence and associated review of deal documents, as well as obtaining pre-closing regulatory approval from the PUCT and preparing post-closing regulatory filings, including with the PUCT, ERCOT, and the RRC
  • Has provided regulatory advice on unique ways to structure transactions in accordance with applicable regulatory requirements and frameworks

     Regulatory Compliance Counseling

  • Advises clients with respect to regulatory compliance issues
  • Routinely advise clients regarding compliance with ERCOT Protocols and Operating Guides, NERC Reliability Standards, PUCT rules as well as state and federal statutes
  • Has extensive experience with compliance issues related to the PUCT's retail customer protection rules including:
  • Drafting and revising each of the types of customer disclosure documents required by the rules of the PUCT
  • Advising clients on application of the PUCT's rules to specific customer situations
            • Performs quarterly reviews to update retail and wholesale electric clients regarding relevant changes to the PUCT’s Substantive Rules and the ERCOT Nodal Protocols and Operating Guides, as well as recent enforcement actions at the Texas Reliability Entity and NERC
            • Assists natural gas pipeline operators with annual permit and report filings and renewals at the RRC and provides regulatory advice regarding regulatory requirements of the RRC

     Regulatory Advocacy

  • Represents clients before the PUCT in contested cases, enforcement actions, rulemakings, and projects
  • Represents competitive wholesale electric producers in each of the proceedings related to the resource adequacy issues in ERCOT
      • Has actively participated in every round of request for comments and every workshop related to various resource adequacy issues, including the debate about the optimal market design for ERCOT and the Operating Reserve Demand Curve and the discussion about ways to increase the penetration of demand response in ERCOT
      • Represented clients in each of the contested cases and rulemaking proceedings related to the Competitive Renewable Energy Zones and the award of the rights to build the CREZ lines
      • Represents market participants in drafting and negotiating ERCOT Protocol and Operating Guide revisions
      • Represents clients before the Attorney General’s office regarding advocacy to protect confidential information from disclosure by an agency under the Texas Public Information Act
        •  

          Appellate Advocacy

    • Represents clients in appellate matters before the Texas Courts of Appeals, Texas Supreme Court, and federal appellate courts
    • Drafted briefs on various First Amendment issues, including issues related to campaign finance and the Texas Open Meetings Act.
         

Admitted to Practice

  • Texas

Education

  • University of Texas School of Law, Austin Texas
    - J.D., with honors, 2005
    - Articles Editor, Texas Law Review
    - Order of the Coif
  • University of Texas at Austin, Austin, Texas
    - B.A., Psychology, 2001
     
  • Professional and Community Activities

    • State Bar of Texas
    • Travis County Women Lawyers Association – 2017-2018 Mentorship Program