Areas of Practice
  • The George Washington University School of Law, J.D., with honors, 1991, Member, George Washington Journal of International Law and Economics
  • Dartmouth College, B.A., cum laude, 1986
Bar & Court Admissions
  • District of Columbia

Jennifer L. Key

1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 6746
FAX: +1 202 429 3902

Jennifer Key is an experienced first-chair lawyer who provides major electric utilities with advice and guidance on the complexities of the Federal Energy Regulatory Commission (FERC) regulations, and ensures such regulations are adopted and implemented in a manner that is fair and reasonable. Her acute understanding of the intersection of state and federal jurisdiction enables her to successfully shepherd clients through the process of challenging both states and the FERC as necessary, where jurisdictional boundaries are crossed. Ms. Key advises her clients in administrative litigation, transactional matters, and compliance matters, particularly with regard to transmission, interconnection, the Public Utilities Regulatory Policies Act (PURPA), wholesale distribution, and FERC filing requirements and orders. She also provides antitrust counseling, and prepares comments and rehearing petitions for clients in rulemaking proceedings.

As a complement to her practice, Ms. Key shares her knowledge and talents in furtherance of the industry, serving as both an author of and contributor to the Annual Electricity Report for the Public Utility, Transportation, and Communications Law Section of the American Bar Association.

Representative Matters

  • Providing legal advice to utilities on whether aspects of state efforts to reform their approach to the regulation of distribution acknowledge and respect federal jurisdiction, in order to ensure utilities eliminate risks of non-compliance with FERC regulation.
  • Dealing with challenges surrounding the implementation of FERC’s Order No. 1000 raised in regional planning stakeholder processes.
  • Responding to and asserting challenges with regards to whether state-adopted programs are PURPA-compliant.
  • Drafting comments and attending technical conferences to ensure FERC’s Data Collection Notice of Proposed Rulemaking (NOPR) does not place undue burdens on utilities and that any Final Rule reflects reasoned decision-making.
  • Identifying issues relating to the aggregation of distributed resources and storage for participation in wholesale markets on behalf of utility clients.
  • Represented a utility facing a Department of Justice investigation into alleged monopolization. The investigation has not resulted in any action being taken against utility.
  • Addressing compliance issues with FERC filing and Electric Quarterly Report requirements.


  • Legal 500 US, Energy: Regulatory, 2016-2017
  • Legal 500 US, Energy: Litigation, 2017

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Selected Publications

Professional Affiliations

  • American Bar Association, Sections of Public Utility, Transportation, and Communications Law
  • Federal Energy Bar Association