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Kenneth Simon The 1986 town meeting in Roxbury, Conn., was packed, and Kenneth Simon had an uneviable task � to sell the locals on the construction of a natural gas pipeline. And in this case, the locals included playwright Arthur Miller, actor Dustin Hoffman, film critic Rex Reed, and entertainer Victor Borge. The Iroquois pipeline, designed to bring natural gas from Canada to New York and Connecticut, would cut through all of their properties. “We did an environmental impact statement, but we forgot to do a celebrity impact statement,” chuckles Simon, recalling that Miller “just reamed me out” at the meeting. In the end, the route was changed (though it still crossed the land of Dr. Joyce Brothers) and the pipeline got built. The experience, says Simon, “encouraged me to broaden my horizons to include electric work.” A partner at Dickstein Shapiro Morin & Oshinsky, Simon wins praise from clients for his versatility and his problem-solving skills. “Ken has the ability to figure out new ways to set forth difficult legal issues,” says David Blabey, general counsel of the New York Power Authority. “He’s a lawyer’s lawyer. You go to him when you have tough legal issues, and he handles them well.” For the past seven years, Simon, 53, has headed Dickstein’s 30-lawyer energy group. Colleagues include Larry Eisenstat, well-known for his work in the electric power industry. Simon joined Dickstein after graduating from Georgetown University Law Center in 1977. He was quickly drawn to the D.C. firm’s growing energy practice. “I figured out that, at that time in energy, all the rules were changing, and there was a chance for a young lawyer to really make a mark,” he recalls. His first big case as an associate helped rewrite some of those rules. Simon and partner Fred Lowther represented Boundary Gas Inc., a consortium of Northeastern utilities formed to import Canada’s natural gas � the first time local utilities bought gas directly from the producers. “It helped usher in a new era of competition,” says Simon. He made partner in 1985 and continued to work on cutting-edge issues. For example, in the mid- to late-1980s, Simon served as lead lawyer for Ocean State Power in Rhode Island, the nation’s first new-built independent power plant. That initiative was greatly complicated by ownership structure requirements under the Public Utility Holding Company Act of 1935. Simon was instrumental in lobbying Congress to change certain requirements pertaining to Securities and Exchange Commission regulation. In 1992, the National Energy Policy Act was signed into law, exempting wholesale generators from SEC regulation and mandating open-access transmission. In recent years, Simon has represented the D.C.-based Potomac Electric Power Co. in its $3 billion divestiture of its generating business � seven major sites were sold to four buyers in 2000. That same year, he headed the legal team for the Central Hudson Gas & Electric Co., Consolidated Edison of New York, and Niagara Mohawk in their $903 million sale of the Roseton and Danskammer generating plants to Dynegy Inc. Simon has also done extensive international work involving contracts and financing of new power plants in Colombia, Costa Rica, and Panama. In 2000, he co-wrote the first draft of Turkey’s new energy laws. One major client over the years has been KeySpan Energy. Simon was lead counsel for KeySpan in its 1999 acquisition of Ravenswood, the largest power plant in New York City, from Con Edison. He is currently representing KeySpan and the New York Power Authority in litigation against the New York Independent System Operator before the Federal Energy Regulatory Commission. In a lengthy 2003 decision, the administrative law judge blasted NYISO for taking “the easy way out on every step of the cost allocation process,” calling its claims “baseless.” James D’Andrea, senior counsel at KeySpan, sings Simon’s praises: “In addition to knowledge of the law, Ken understands the business of the energy companies he represents, and therefore he knows how to go about getting a result that benefits the company.”

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