Kelly A. Daly, Partner at our Phoenix, and Washington, D.C. law offices
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Kelly A. Daly

Partner
Biography

Kelly Daly represents publicly and privately held companies, government agencies, municipalities, and coalitions in complex negotiations, and on transactional and regulatory matters, compliance issues, and strategic projects. She has extensive experience in the natural gas, electric, and oil industries on matters and in proceedings before the Federal Energy Regulatory Commission (FERC) and the Federal Appellate Courts. In addition, Kelly advises and represents a broad range of clients (including agricultural, utility, construction, defense contractors, food manufacturing, real estate, medical/healthcare, and police and fire departments) on Unmanned Aircraft Systems (UAS) and Autonomous Vehicles (AV) matters before local, state, and federal legislative bodies, the Federal Aviation Administration (FAA), and the National Highway Traffic Safety Administration (NHTSA). Kelly began her legal career in the Criminal Division, Organized Crime and Racketeering Section of the Department of Justice and subsequently served in the role of an Attorney Advisor to the Administrative Law Judges at the FERC. Kelly has held an AV Preeminent® Peer Review Rating from Martindale-Hubbell® for 15 years.

Credentials

Bar Admissions

  • Arizona
  • District of Columbia
  • Florida (inactive)
  • Pennsylvania (inactive)


Court Admissions

  • Supreme Court of Arizona
  • United States Court of Appeals, District of Columbia Circuit
  • United States Court of Appeals, Fifth Circuit
  • United States Court of Appeals, Seventh Circuit
  • United States Supreme Court


Education

  • University of Notre Dame Law School (J.D.)
  • University of Notre Dame Law School (Program of International Studies, London, England)
  • University of Notre Dame (B.A., Economics/Business Administration)
Experience

Awards & Recognition

  • The Best Lawyers in America®, Energy Law (2007-2025)
  • Arizona Bar Foundation, Top Pro Bono Attorneys of the Year (2021)
  • Public Utilities Fortnightly, Nation’s Top 25 Regulatory Utility Lawyers (2011)

Representative Experience

  • First chair in electric, natural gas and oil administrative litigation, certificate and rate proceedings, market-based rate applications, investigations, enforcement actions, rulemakings, and technical conferences
  • Lead negotiator in complex, multi-party settlement proceedings (routinely involving 25-150 parties), drafts and negotiates consensus documents proposing novel solutions to issues facing the industries
  • Advises clients on issues involving the implementation and compliance with market-based rate authority, Open Access Transmission Tariff (OATT), Open Access Same-Time Information System (OASIS), Standards of Conduct requirements, restrictions on affiliate transactions, requests for interconnections under PURPA, the calculation of the utilities avoided costs, and various queue related questions
  • Advises clients on UAS/AV issues and programs including registration, operations, special permission/ exemption applications and other best industry practices.  Works with clients to establish internal programs (inclusive of policies, processes, and procedures) to demonstrate a culture of compliance and counsels UAS clients, involved in both the commercial and defense contracting, on their scope of legal liability. Routinely speaks at industry conferences and client seminars on the uses and regulations of UAS/AV
  • Counsel clients on the development and implications of new markets rules and tariff provisions in the various RTOs/ISOs and represent clients in the public conferences and meetings with FERC representatives
  • Works directly with general counsels, boards of directors, business leaders, and state and federal regulators and legislators on strategic initiatives, emerging issues and infrastructure acquisition and development projects (e.g. market area storage, renewable resource (solar, wind, landfill gas and other methane extraction), contract carrier, common carrier, private pipeline, and LNG facility development, and international pipeline expansions
  • Extensive transactional experience preparing and negotiating all operative contracts relating to the development, construction, interconnection and operation of projects and facilities in the electric (solar and wind), natural gas, crude, and petroleum products industries, including Power Purchase Agreements, Development Agreements, Operating and Balancing Agreements and Interconnection Agreements
  • Coalition spokesperson and counsel advising industry and regulators on Gas-Electric Coordination issues and the impact of renewable energy on the development of electric and gas markets and the grid
  • Advises clients on regulatory, contractual, and due diligence matters associated with energy company mergers and acquisitions, construction and operation of electric, natural gas, LNG facilities, oil refineries and midstream assets for import, export, and domestic uses
  • Conducts corporate in-house Antimarket Manipulation Training and Interstate Commerce Act Compliance programs
  • Responsible for the analytical review and legal preparation of economic, financial, and engineering testimony used to support formula rates, balance sheet analysis and proposed rate recovery of regulated entities
  • Investigates director and officer liability, breach of fiduciary duty and professional liability claims involving failed and failing businesses including financial institutions and other regulated industries

Professional Memberships and Activities

  • Federation of Defense & Corporate Counsel (2019-Present)
  • Energy Bar Association
    • Officer and Member of the Board of Directors (1996-2001)
  • North American Energy Standards Board
    • Executive Committee (1996-2007)

Community Involvement

  • Local First Arizona
    • Board of Directors (2020-Present)
  • Franciscan Renewal Center, Phoenix, Arizona
    • Board of Directors (2014-Present)
  • Habitat for Humanity (2013-Present)
  • Love Grows  (2013-Present)
  • Youth basketball volunteer coach (1998-Present)

Representative Presentations and Publications