Todd F. Kimbrough is an energy attorney who focuses his practice on regulatory and utility issues for participants in electricity and natural gas markets in the United States and abroad.

Mr. Kimbrough has been involved in the approval or development of more than $25 billion in electricity infrastructure improvements. He has counseled utilities in rate cases, certificate of convenience and necessity (CCN) proceedings, and integrated resource plan (IRP) approvals in Texas, Georgia, New Mexico, North Carolina and Alaska as well as before the Federal Energy Regulatory Commission (FERC). He also regularly represents market participants before the Texas Reliability Entity (RE) and other North American Electric Reliability Corporation (NERC) regional entities.

Mr. Kimbrough is well-versed in drafting and negotiating complex agreements for the construction and operation of power plants as well as purchased power agreements and other related transactions.

In addition to providing transactional and regulatory counsel, Mr. Kimbrough actively participates in Regional Transmission Organization (RTO) stakeholder processes at the Electric Reliability Council of Texas (ERCOT) and the Southwest Power Pool (SPP). He has twice been elected to the Wholesale Market Subcommittee of ERCOT. He also has been elected to ERCOT's Technical Advisory Committee (TAC) and its Protocol Revisions Subcommittee (PRS).

Mr. Kimbrough represents midstream pipeline companies and utilities in permitting, compliance and rate-setting matters before state regulators, including the Texas Railroad Commission.

Prior to joining Holland & Knight, Mr. Kimbrough served as general counsel and interim CEO for the third-largest municipal electric utility in Texas.

Before entering law, Mr. Kimbrough was a commissioner's advisor at the Public Utility Commission of Texas (PUCT) and managed Texas governmental affairs for a major retail electric provider.

Representative Experience

  • Represented a large generation and transmission cooperative in various certificate of convenience and necessity (CCN) and rulemaking proceedings
  • Represented a major generation and transmission cooperative in a declaratory order proceeding regarding the assignment of electric transmission projects to non-incumbents in the portions of Texas not under the Electric Reliability Council of Texas (ERCOT)
  • Served as lead regulatory counsel for one of the nation’s largest Native American tribes in electric utility proceedings before the Arizona Corporations Commission (ACC)
  • Rate case counsel to the largest natural gas utility in Georgia
  • Advised a client on an acquisition of a small electric utility system and associated regulatory approvals
  • Represented electric utility cooperative in natural gas utility rate case before the Regulatory Commission of Alaska (RCA)
  • Lead counsel for Alaskan electric cooperative in RCA proceedings related to the creation of formula rate mechanisms
  • Represented a major investor-owned utility before the Public Utility Commission of Texas (PUCT) in the successful acquisition of the largest transmission and distribution utility in Texas
  • Advised a rooftop solar developer on state regulatory and market design issues
  • Defended a power marketer against allegations of improper trading practices within ERCOT
  • Advised an electricity company in an appeal to the Texas Supreme Court regarding renewable energy credits
  • Advised an electricity retailer regarding compliance matters related to its operations in Texas
  • Advised a demand-response provider regarding compliance with ERCOT dispatch requirements
  • Represented a Fortune 10 oil company in a regulatory matter related to the siting of an electric transmission line in Houston
  • Drafted and submitted Federal Energy Regulatory Commission (FERC) filings related to the sale of an exempt wholesale generator
  • Represented a transmission affiliate in the approval of a 300-mile transmission line project in Texas, including siting, routing, acquisition of rights of way and CCN
  • Set state regulatory strategy in the South for the nation's largest owner of renewable generation
  • Represented a company before state regulatory agencies and regional transmission organizations
  • Defended a company before PUCT, ERCOT, and the Texas Reliability Entity and North American Electric Reliability Corporation (Texas RE/NERC) against allegations related to plant outages during the February 2011 ice storm
  • Managed the compliance of generation, retail and transmission functions with PUCT, Texas RE/NERC and ERCOT requirements
  • Opposed the assignment of $100 million in infrastructure costs to wind farms in Texas
  • Represented a major Southeastern U.S. electric utility in retail rate cases, CCNs and integrated resource plans, including for the addition of two new nuclear units and the conversion of a coal-fired plant to natural gas

  • Represented a buyer in its acquisition of a multistate retail electricity provider
  • Advised an independent power producer on Texas-Mexico cross-border power trading
  • Negotiated and crafted interconnection agreements and purchased power agreements (PPAs) for gas-fired generators
  • Negotiated and drafted a contract for advanced electric meters on behalf of the nation's largest municipal electric utility
  • Executed a transfer of energy management agreement and other registrations resulting from the sale of a power plant
  • Drafted engineering, procurement and construction (EPC) contracts for two gas-fired power plants
  • Provided regulatory due diligence to the underwriter of a major utility's debt

  • Represented a major petroleum company in various retail electricity agreements for service to its refineries
  • Negotiated and drafted retail electricity and natural gas contracts for a major pharmaceutical company's facilities in Texas, Illinois and Maryland


  • Washington University School of Law, J.D.
  • Texas A&M University, M.S., magna cum laude
  • Southwestern University, B.A.
Bar Admissions/Licenses
  • District of Columbia
  • Texas
Court Admissions
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Northern District of Texas
  • Southwestern University, Board of Visitors, 2016-2020
  • Electric Reliability Council of Texas (ERCOT), Technical Advisory Committee, 2001-2002; Wholesale Market Committee, 2001-2002 and 2009-2011; Protocol Revisions Subcommittee, 2001-2002
  • Texas Utility Lawyers Association
  • State Bar of Texas, Public Utility Law Section
Honors & Awards
  • Holland & Knight Pro Bono All-Star, 2020
  • Texas Super Lawyers magazine, 2016-2020
  • Top Energy Lawyers in the U.S., Legal Media Group's Expert Guides, 2015-2018
  • Guide to the World's Leading Experts in Energy Law, Legal Media Group's Expert Guides, 2017


Speaking Engagements