With more than 25 years of experience, Dave provides strategic legal counsel to electric utilities and their affiliates on a broad range of regulatory and policy matters before the Federal Energy Regulatory Commission (FERC) and the U.S. Courts of Appeals. Widely recognized for the depth of his experience, Dave has been honored by Chambers Global, Chambers USA, Lawdragon 500, The Best Lawyers in America, Washington DC Super Lawyers, and The Legal 500 United States for his accomplishments in energy regulation.

Dave’s practice focuses on electric transmission issues, including open-access transmission service, cost-of-service rates, incentive transmission rates, and both generation and transmission interconnection matters. He also has significant experience advising on wholesale distribution service in bilateral and organized markets and North American Electric Reliability Corporation (NERC) compliance.

Dave regularly advises clients on transmission and generation interconnection issues associated with expanding the electric grid to accommodate rapidly increasing load and generation, while ensuring its continued reliability. Such work includes implementing reforms necessary to expedite the interconnection of new generation and advising on jurisdictional issues involving behind the meter generation.

Dave has been actively involved in the Energy Bar Association throughout his career, having served as the President of the EBA, the President of the Charitable Foundation of the EBA, and on numerous committees and councils. He currently serves as the President of the Foundation of the Energy Law Journal continuing his leadership in the energy sector.

Electric Rate Experience

  • Annual Electric Transmission Formula Rate Processes: Representation of investor-owned utilities in annual formula rate fillings, annual formula rate customer meetings, and informal data requests under formula rate protocols.
  • Transitioning to Electric Transmission Formula Rates from Stated Rates: Representation of investor-owned utilities in filings to transition to electric transmission formula rates from stated electric transmission rates.
  • Stated Electric Transmission Rates: Representation of independent electric transmission company in a transmission revenue requirement rate case
  • Bundled Cost-of-Service Rates: Representation of an investor-owned utility in proceedings involving bundled cost-of service rates under a grandfathered tariff.
  • Incentive Rate Treatments: Representation of an investor-owned utility in obtaining FERC approval of incentive rate treatment associated with more than $850 million of transmission enhancement projects.
  • Depreciation Rate Filings: Representation of investor-owned utilities in limited-scope, single issue filings to implement revised depreciation rates.
  • Market-Based Rate Proceedings: Representation of investor-owned utilities and affiliates in triennial market power analysis filings.
  • Other Cost-of-Service Rates: Representation of investor-owned utilities in rate filings for reactive power service; representation of investor-owned utility in filing to update post-retirement benefits other than pensions; and representation of electric entities in developing rates for wholesale distribution service.
  • Defending Section 206 Challenges: Representation of investor-owned utilities in Section 206 challenges regarding justness and reasonableness of transmission rates.

Generation and Transmission Interconnection Experience

  • Order No. 2023 Compliance: Representation of an investor-owned utility in filing to modify its pro forma interconnection procedures and agreements to comply with FERC’s Order Nos. 2023, et al. and representation of entities in implementing same.
  • Transmission Interconnections: Representation of investor-owned utilities in negotiating transmission-level “wires-to-wires” interconnection agreements with bordering utilities.
  • Facilitating Replacement Generation: Representation of an investor-owned utility in filing tariff modifications related to the replacement of generating facilities on utility’s transmission system and in associated filing of agreement between utility and independent generation replacement coordinator.
  • Modifications to Large Generator Interconnection Procedures (LGIP) to Implement Clustering Approach: Representation of an investor-owned utility in filing to modify its LGIP to transition from a “first-come, first-served” generator interconnection approach to a “first-ready, first-served” generator interconnection approach.
  • Generation Interconnection at Distribution Voltages: Representation of both investor-owned utilities and generation owners in negotiating interconnection agreements at transmission and distribution voltages.

Events

  • Selected for inclusion in The Best Lawyers in America, Energy Law, Energy Regulatory Law, 2023-2026
  • Named to “Washington, DC Super Lawyers,” Energy and Natural Resources, Super Lawyers, Thomson Reuters, 2023-2025
  • Selected for inclusion in “500 Leading U.S. Energy Lawyers,” Lawdragon, 2023-2025
  • Selected for inclusion in America’s Leading Lawyers for Business, Energy: Electricity (Regulatory & Litigation), USA, Chambers Global, 2019-2025
  • Selected for inclusion in Leading Lawyers, Energy: Electricity (Regulatory & Litigation), Nationwide, Chambers USA, 2019-2025
  • Selected for inclusion in “Legal 500 United States,” Energy Regulation: Electric Power, 2018-2022, 2025; Energy Litigation: Electric Power, 2025
  • Selected for inclusion in “Legal 500 United States,” Next Generation Lawyer – Energy Litigation: Electric Power, 2017