Leading with experience

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Kirk D. Rasmussen // Member
p: 512-615-1203 | f: 512-615-1198 | c: 512-968-4566 | krasmussen@enochkever.com

Kirk Rasmussen

Kirk Rasmussen advises private and public business organizations regarding state and federal energy and regulatory matters. His practice covers the breadth of the administrative process, including contested case proceedings, compliance counseling, licensing matters, rulemakings, appeals of agency decisions and the myriad issues associated with owning, operating or transferring assets within a regulated market. His clients include the largest generator of electricity in the state of Texas, the largest transmission and distribution utilities in Texas, municipally-owned utilities, retail electric providers, oil and gas exploration and production companies, entities acquiring energy services, and the largest independently owned title company in Texas. Kirk spent several years representing the U.S. Department of Energy in connection with the licensing of its Yucca Mountain Project (geologic nuclear waste repository) by the U.S. Nuclear Regulatory Commission.

Representative Experience

  • Represents a variety of energy clients before the Public Utility Commission of Texas, the Federal Energy Regulatory Commission, the Texas Department of Insurance, the Railroad Commission of Texas, the Texas State Office of Administrative Hearings, the Arkansas Public Service Commission, and other federal and state regulatory agencies
  • Represents clients in significant energy transactions, such as power purchase agreements or acquisitions of assets
  • Represents clients in all aspects of utility ratemaking proceedings
  • Represents clients in certificate of convenience and necessity (CCN) proceedings involving high-voltage transmission lines
  • Advises clients regarding compliance with agency regulations
  • Advises clients regarding development of alternative energy projects, including solar energy, biofuel, wind power and energy storage projects
  • Advises clients regarding the development and implementation of smart grid facilities
  • Advises clients regarding participation in the Electric Reliability Council of Texas (ERCOT), including counseling regarding application and revision of the ERCOT Protocols and Operating Guides
  • Advises clients regarding participation in the North American Electric Reliability Corporation (NERC) and compliance with NERC Reliability Standards
  • Advises clients regarding state and federal regulatory implications of energy transactions, including structuring issues
  • Advises clients regarding energy and utility legislation pending before the U.S. Congress, Texas Legislature and other state legislative bodies
  • Advises clients on utility tariff issues, interconnections and contributions in aid of construction
  • Represents clients in all aspects of administrative and regulatory proceedings, rulemakings, complaint actions and licensing
  • Represents utility clients in Texas state court administrative appeals
  • Drafts and negotiates generation interconnections and associated agreements and consents between electric generators, transmission service providers and financial institutions
  • Drafts and negotiates all manner of agreements for energy clients, including affiliate agreements

Presentation Topics

  • FERC and NERC Regulation in Texas, Texas Utility Lawyer Association Annual Meeting, 2011
  • Witness Skills, Burns & McDonnell Transmission Line Routing Seminar, 2011
  • ERCOT February 2011 Extreme Cold Weather Event: Counsel to a Generator’s Perspective, 4th Annual Power and Alternative Energy Law Conference, 2011
  • Regulatory Hurdles to Achieving a Smart Grid, 2nd Annual IEEE Green Technologies Conference, 2010
  • Regulatory Obstacles to Achieving a Smart Grid, Smart Grid America Forum, 2009

Publications

  • 2006 — How to Avoid Accidentally Becoming a Regulated Electric Utility in Texas, 2 Texas Real Estate Business 8 (co-author)
  • 2004 — Who Will Play Poker in the Texas Saloon if the Sheriff Makes Everyone Play With Their Cards Face Up? The Importance of Protecting Competitively Sensitive Information in the Restructured Texas Electric Market, 5 Tex. Tech J. Tex Admin. L. 37 (co-author)

Admitted to Practice

  • Texas, 1999

Education

  • Duke University School of Law
  • - J.D., 1999
  • - Executive Editor, Duke Journal of Comparative & International Law
  • - Contributions Editor, Duke Environmental Law & Policy Forum
  • Duke University
  • - M.A., Environmental Science, 1999
  • Brigham Young University
  • - B.S., Conservation Biology, 1996

Professional and Community Activities

  • State Bar of Texas
  • Dallas Bar Association
  • Eagle Scout
  • Chairman, Friends of Scouting Campaign, White Buffalo District, Circle 10 Council, Boys Scouts of America, 2005-2006

Awards and Recognitions

  • Texas Rising Star, Texas Monthly, 2010
  • Board Certified in Administrative Law by the Texas Board of Legal Specialization