Kimberly K. Hayden

Kim Hayden has spent more than two decades successfully representing clients in transactions, regulatory proceedings, commercial litigation and appellate practice involving energy law matters, including facilities siting and construction, power purchase contracts, rate-setting, acquisition and financing, and environmental and land-use compliance.

Over the past decade, Kim has worked extensively on behalf of the Vermont Electric Power Company, Inc. (VELCO), Vermont’s high voltage electric transmission system provider. Kim is currently actively involved in electric transmission and generation projects, including plans for siting new wind and solar energy facilities in Vermont.

• In 2009, Kim headed the legal team that successfully gained state approval to build the Southern Loop Regional Reliability Project, a regional transmission reliability project to bolster the New England transmission grid involving a new  51-mile high voltage transmission line in southern and central Vermont and several large high-voltage substations.
• In 2008, Kim and her team gained regulatory approval to build the East Avenue Loop transmission upgrade project – a joint project undertaken by VELCO, Green Mountain Power Corporation and Burlington Electric Light Department, to reinforce the high-voltage electric transmission grid in Chittenden County.
• In 2003, Kim and her team gained regulatory approval to build the Northwest Vermont Regional Reliability Project, an expansive project spanning multiple Vermont communities that included siting of 60 new miles of high-voltage transmission lines and thirteen substation upgrades.
• Kim is currently heading the legal team to gain state approval to site the first commercial wind facility in Chittenden County, Vermont, the Georgia Mountain Community Wind Project.

Notably, the state siting proceedings for both the Southern Loop Project and the East Avenue Loop Project were completed ahead of schedule as Kim, her DRM team and the clients were able to resolve outstanding issues with other parties, including the Agency of Natural Resources, and avoid significant litigation time and expense.

Also on behalf of energy clients, Kim has:

• successfully argued an appeal to the Vermont Supreme Court in the landmark decision involving the VELCO Northwest Vermont Reliability Project, which established important precedent for siting energy projects in Vermont
• successfully tried an important public utility condemnation case and assisted in obtaining a favorable ruling from the Vermont Supreme Court that established important precedent regarding utility easements and rights
• led the legal and regulatory strategy for successfully resolving environmental, community and landowner issues in numerous state siting proceedings for energy projects, thereby eliminating unnecessary litigation expense and time
• participated as a key member of the legal team involved in a complex international commercial arbitration involving performance claims under a significant power contract.

Kim is a member of the Section of Environment, Energy and Resources of the American Bar Association. She is a member of the Energy and Natural Resources Practice Group of Lex Mundi and has been selected by her peers for inclusion in The Best Lawyers in America®.

Grice v. Vermont Elec. Power Co., Inc., 956 A.2d 561, 2008 VT 64, Vt., May 16, 2008 (NO. 06-352, 06-510)

In re Vermont Elec. Power Co., Inc., 179 Vt. 370, 895 A.2d 226, 2006 VT 69, Vt., March 10, 2006 (NO. 05-164)

Kim is a former member of the board of directors of the Rutland County Women's Network and Shelter, and she continues to be actively involved with the shelter. She enjoys regular involvement assisting with her children's scholastic and sports activities.