David A. Fitzgerald counsels municipal electric system and rural electric cooperative clients with respect to regulatory, transactional, litigation, and legislative matters. He has extensive experience advising clients on power purchases from the federal government and has advised clients served by each of the federal Power Marketing Administrations.
His litigation experience has included challenges of Federal Agency actions in U.S. District Court and in appeals before the U.S. Court of Appeals for the D.C., Ninth, and Eleventh Circuits.
He is based out of the Washington, D.C., office, but resides in Seattle, Washington.
- Helped secure Federal Power resources including negotiation of power supply costs.
- Advised clients on compliance issues with Public Utility Regulatory Policies Act (PURPA) and Distributed Generation. Represented clients before Federal Energy Regulatory Commission (FERC) on PURPA compliance matters.
- Drafted legislative language for Federal Agency energy programs.
- Advised clients on implications for Federal hydropower program due to Southeast Water Wars.
- Coordinated successful strategy to save hydropower customers $340 million in potential costs.
- Represented clients in appeals of agency orders and decisions in U.S. District Court and U.S. Court of Appeals.
- Litigated application of Federal Power Act Section 211A before the FERC.
- Helped negotiate settlement for multistate transmission owner to implement Open Access Transmission Tariff (OATT) formula rate.
- Review biannual transmission owner formula rate filings for compliance with FERC requirements.
- Advised clients on U.S. Army Corps of Engineers regulations and policies on hydropower generation.
- Counseled clients on hydropower operational issues including licensing obligations.
- Negotiated power purchase agreements including contracts integrating hydropower resources into organized power market.
- The Catholic University of America Columbus School of Law, J.D., 1995
- Colorado College, B.A., Political Economy, 1988
- District of Columbia
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- Energy Bar Association, Energy Law Journal, Articles Editor
Rate : $$$