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Phone: 913.234.7409
Fax: 913.451.6205

Frank A. Caro, Jr.

Shareholder | Practice Group Chair

Frank Caro is the Chair of the firm's national Energy group. Concentrating his practice in the energy/utility and telecommunications industries, he offers his clients vast experience in business, regulatory and governmental affairs.  With 25 years experience in the electric, gas and telecommunications industries, he has assisted clients in structuring complex business, regulatory or legislative solutions to difficult problems. 

His clients are involved in all facets of the energy industry from developers to end-use consumers. Mr. Caro's clients include energy producers, oil and gas gathering systems, pipelines, large public utility/energy industry organizations, renewable energy developers, rural electric cooperatives, energy marketers and industrial and commercial users of utility services.

Recently Mr. Caro assisted a client in completing a multi-faceted infrastructure development and regulatory plan for a major electric utility in the region which encompasses a new $2 billion base load coal plant, significant environmental upgrades and wind power.

Mr. Caro acts as general counsel to a renewable energy company currently developing wind energy resources in 11 states throughout the Midwest, and is involved in the development of one of the largest wind projects in the country.

Mr. Caro also represents clients before the Missouri Public Service Commission and the Kansas Corporation Commission (KCC) on various matters involving certification proceedings, mergers and acquisitions, rate tariff applications, generic rulemaking proceedings and complaints.  He serves as general regulatory counsel for numerous public utilities.

Prior to joining the firm, Mr. Caro  served as general counsel for the KCC and acted as chief trial counsel in numerous hearings before the KCC, FERC and FCC

Memberships and Affiliations

  • Rocky Mountain Mineral Law Foundation
  • American Bar Association
    • Environment Energy and Resources Section
  • Kansas Bar Association
    • Administrative Law Committee
  • Johnson County Bar Association
    • Board of Directors
  • The Missouri Bar
  • Kansas City Metropolitan Bar Association
  • American Wind Energy Association 
  • Energy Bar Association
    • Midwest Chapter President, 2005
  • Midwest Energy Association
    • Legal Committee
  • Youth Leadership Institute
    • Chairman, 2006, 2007
  • Overland Park Rotary Club
    • President, 2011-1012

Distinctions

  • Selected for inclusion in The Best Lawyers in America® 2007-2012, Energy Law
  • AV Rated Martindale Hubbell
  • Kansas Corporation Commission
    • General Counsel, 1987-1991
  • Kansas Insurance Department
    • Attorney/Supervisor, 1984-1987
  • National Association of Regulatory Utility Commissioners
    • Advanced Regulatory Studies Programs
  • National College of District Attorneys
    • Trial Advocacy for Prosecutors Course
  • Successfully argued Northwest Central Pipeline Corporation v. Kansas Corporation Commission, 489 U.S. 493 (1989) before the U.S. Supreme Court, which reinforced states’ regulation over natural gas production

Experience

  • Assist major electric utility in drafting, implementation and approval of comprehensive energy plan encompassing construction of a $2 billion 850-MW base-load super critical electric generating facility, environmental upgrades to existing plant, wind resource development, demand side management programs and rate stability programs. During the implementation phase, assisted with multiple rate case(s) and various other regulatory issues.
  • Represent major energy company in oil and gas gathering facilities assessment.
  • Represented major electric utility in evaluation and regulatory approvals for coal-fired electric generating facility retrofit.
  • Represent major interstate gas pipeline company in major pipeline expansion from Wyoming to Western Missouri.
  • Represent a natural gas company in its pipeline expansion into the fastest-growing area of Missouri. Services include real estate acquisitions, condemnation and construction contracts.
  • Acquisition of rural natural gas gathering and distribution facilities from bankruptcy and formation of a non-profit public utility for major agricultural users in Western Kansas.
  • Assisted public utilities with numerous types of tariff filings before state public utility commissions, including those addressing weatherization, low-income programs, parallel generation, actual cost adjustment (ACA) filings, energy efficiency riders, energy star programs, net metering, demand side management, peak load curtailment, and various other tariff filings.
  • Assisted electric cooperatives with multiple rate cases and other regulatory issues, including purchase power agreements (PPAs), and construction of gas turbine generation facilities.
  • Assisted major electric cooperative with addressing rights and responsibilities under Notice to Construct (NTC) received by the Southwest Power Pool (SPP), and assisted with subsequent issues related to designating rights and responsibilities under the NTC to a large electric transmission company.
  • Negotiated large generator interconnection agreements with major transmission companies and RTO.

Renewable Energy
  • Act as general counsel for a major U.S. wind developer, and represent it in every aspect of development, construction, sale of power (such as purchase power agreements and asset sales), construction and finance issues, and other issues involved in the construction and operation of wind farm developments.
  • Served as lead counsel in the development and construction of one of the largest wind farms in the Midwest. The total project size is approximately 250 MW. Polsinelli Shughart also negotiated leasehold agreements with more than 100 landowners that represent nearly 40,000 acres.
  • Oversee leasing activities for over 30 wind energy projects in 12 states in the Midwest with a potential energy generating capacity of over 10,000 MW.
  • Assisted wind developers with obtaining exemptions as a public utility under state statutes addressing independent power producers and negotiated transmission construction interconnects.
  • Assisted solar energy developer with obtaining state approvals, governmental contracting issues, net metering and interconnection issues, and tax issues (such as the investment tax credit, production tax credit, MACRS depreciation, and other issues).
  • Local counsel to major international renewable energy company on tax, construction, regulatory and litigation issues associated with operation of renewable energy facility.
Represented State of Kansas in a leading natural gas production case before the U.S. Supreme Court enforcing State’s rights in interstate commerce.

Publications & Presentations

May 17, 2011
Presentation given by Polsinelli Shughart Energy Chair Frank Caro to the Green Energy Conference of the International Brotherhood of Electrical Workers
2011
Presentation by Polsinelli Shughart Energy Chair Frank Caro
April 2010
Presentation Given to The Kansas Bankers Association
March 2010
August 2009