Hawke, McKeon & Snicsak, LLC

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 a member of the Pennsylvania Supreme Court’s Appellate Court Procedural Rules Committee.

Representative Matters

• Represents California Attorney General  in ongoing 2000-2001 energy crisis refund litigation before FERC and the federal courts
• 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 LDCs in rate and certificate proceedings at the  Pa. PUC
• Represented Bensalem Racing Association in its appeal from the Pa. Harness Racing Commission’s approval of Harrah’s Chester’s account wagering application
• Represents Pennsylvania Medical Society in ongoing challenge to Pennsylvania’s 2009 appropriation of MCARE and HCPRA funds for budgetary purposes
• Represents Philadelphia Park in ongoing licensing application matters of Valley Forge Convention Center
• Represented Pennsylvania Racinos in 2007 challenge to budget impasse shutdown of gambling operations

Representative Reported Cases

• 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)
• Hospital and Healthsystem Assoc. of Pa. v. Com., 997 A.2d 392 (Pa. Cmwlth. 2010) (legislature’s raid of physicians’ professional liability funds for general budgetary purposes invalidated)
• Port of Seattle v. FERC, 499 F.3d 1016
  (9^th 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

• Member, Pennsylvania Appellate Court Procedural Rules Committee, 2011
• Pennsylvania Superlawyers 2004, 2006, 2009, 2010; Corporate Counsel Edition 2010
• 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 Inns of Court