David Zambito

Cozen O'Connor PC

$ $$$

North 2nd Street 17
Harrisburg 17101 PA US

David P. Zambito is co-chair of the firm’s Utility, Environmental & Energy Practice Group and focuses his work on regulatory, commercial, and development issues involving utilities. David practices before state and federal regulatory agencies, representing clients in the energy (natural gas and electricity), water, wastewater, telecommunications, and transportation industries.

He is experienced in base rate, certificate of public convenience, purchased gas cost, steam cost, distribution system improvement charge, electric and natural gas supplier licensing, formal complaint, safety investigation, securities registration, management audit, affiliated interest, rulemaking, policy-making, and tariff proceedings before the PA Public Utility Commission.

He has successfully handled approvals of mergers and acquisitions of regulated public utilities, including acquisitions by equity funds, and has helped to defend utilities against a hostile takeover attempt. He has also represented clients in disputes between regulated public utilities and municipal authorities, and has assisted developers and large institutional clients (such as universities and health systems) in negotiating utility contracts.

From 2001 to 2004, David served as counsel to the former chairman of the Pennsylvania Public Utility Commission Glen R. Thomas. Prior to state service, he served three years as a captain in the U.S. Army Judge Advocate General’s Corps. While in the Army, he practiced as a courts-martial prosecutor and a special assistant U.S. attorney for the Western District of Kentucky.

In 2002, he was commissioned by Pennsylvania Governor Mark Schweiker as a member of the Pennsylvania Homeland Security Council. In 2008, he served as a member of the Pennsylvania Governor’s Sustainable Water Infrastructure Task Force, Legislative/Regulatory Work Group.

In 2007 and again in 2011, he was the campaign chairman for the re-election campaigns of York County, Pa., President Commissioner Steve Chronister. In 2007, he served on the York County, Pa., Commissioners’ Transition Team.

He is an active participant on the Pennsylvania Public Utility Commission’s Procedural Rules Committee and serves as a faculty planner for the Pennsylvania Bar Institute’s Public Utility Law Conference. He is a member of the Conewago Township, York County, Pa., Zoning Hearing Board, and a member of the American Legion Post No. 799 in York, Pennsylvania.

David received his bachelor’s degree from Grove City College, graduating magna cum laude. He earned his J.D., from The Dickinson School of Law. He was a member of the Dickinson Law Review and on the Appellate Moot Court Board.

EXPERIENCE :

  • Represented SUEZ Water Pennsylvania Inc. in its 2009, 2011, 2015, and 2018 General Base Rate Proceedings (PA PUC Docket Nos. R-2009-2122887, R-2011-2232985, R-2015-2462723, R-2018-3000834).
  • Represented Pennsylvania-American Water Company in its 2017 base rate proceeding before the Pennsylvania Public Utility Commission (PA PUC Docket No. R-2017-2595853) in which the company was awarded an increase in annual operating revenues of $61.85 million (9.4 percent).
  • Represented Peoples Natural Gas Company LLC in its successful challenge to Duquesne Light Company’s attempt in its 2018 base rate proceeding to increase its back-up service rate for combined heat and power projects by 220 percent (PA PUC Docket No. R-2108-3000124).
  • Obtained a service territory expansion and related affiliated interest and municipal contract approvals for NRG Energy Center Pittsburgh LLC for the development of a new thermal facility at the University of Pittsburgh Medical Center – Mercy Hospital in Pittsburgh, Pennsylvania (PA PUC Docket No. A-2016-2570927).
  • Represented Superior Water Company Inc. in connection with General Base Rate Proceedings.
  • Represented Pennsylvania-American Water Company in two civil disputes with municipal authorities involving service territory and the ability of municipal authorities to compete with private enterprise under the Pennsylvania Municipality Authorities Act.
  • Represented Peoples Natural Gas Company LLC in its 2010 and 2011 General Base Rate Proceedings and 2011 and 2012 Purchased Gas Cost Proceedings (PA PUC Docket Nos. R-2010-2201702, R-2012-2285985, R-2011-2228694 & R-2012-2292082).
  • Represented a large Electric Generation Supplier before the PA PUC in defense of a complaint brought by a coalition of industrial and commercial customers regarding charges stemming from the January 2014 polar vortex events. (PA PUC Docket No. C-2014-2425989).
  • Represented Aqua Pennsylvania, Inc. in increasing its Distribution System Improvement Charge (DSIC) from 5% to 7.5% of billed revenues (PA PUC Docket No. R-2008-2079310) and drafted the Statement of Policy.
  • Represented SUEZ Water Pennsylvania Inc. in its acquisition of the municipal water and wastewater systems of Mahoning Township, Montour County, Pa. This important strategic transaction required the team to negotiate multiple contracts and to obtain several government approvals, and the client is now poised for further regional expansion.

EDUCATION :

  • Dickinson School of Law, J.D., 1997
  • Grove City College, B.A., magna cum laude, 1994

BAR ADMISSIONS : Pennsylvania

COURT ADMISSIONS :

  • Pennsylvania Supreme Court
  • U.S. District Court — Middle District of Pennsylvania

AFFILIATIONS :

  • Pennsylvania Bar Association – Public Utility Law Section
  • Energy Association of Pennsylvania – Affiliate Member
  • Order Sons of Italy in America – Grand Lodge of Pennsylvania
  • The American Legion

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North 2nd Street 17
Harrisburg 17101 PA US
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  • Represented SUEZ Water Pennsylvania Inc. in its 2009, 2011, 2015, and 2018 General Base Rate Proceedings (PA PUC Docket Nos. R-2009-2122887, R-2011-2232985, R-2015-2462723, R-2018-3000834).
  • Represented Pennsylvania-American Water Company in its 2017 base rate proceeding before the Pennsylvania Public Utility Commission (PA PUC Docket No. R-2017-2595853) in which the company was awarded an increase in annual operating revenues of $61.85 million (9.4 percent).
  • Represented Peoples Natural Gas Company LLC in its successful challenge to Duquesne Light Company’s attempt in its 2018 base rate proceeding to increase its back-up service rate for combined heat and power projects by 220 percent (PA PUC Docket No. R-2108-3000124).
  • Obtained a service territory expansion and related affiliated interest and municipal contract approvals for NRG Energy Center Pittsburgh LLC for the development of a new thermal facility at the University of Pittsburgh Medical Center – Mercy Hospital in Pittsburgh, Pennsylvania (PA PUC Docket No. A-2016-2570927).
  • Represented Superior Water Company Inc. in connection with General Base Rate Proceedings.
  • Represented Pennsylvania-American Water Company in two civil disputes with municipal authorities involving service territory and the ability of municipal authorities to compete with private enterprise under the Pennsylvania Municipality Authorities Act.
  • Represented Peoples Natural Gas Company LLC in its 2010 and 2011 General Base Rate Proceedings and 2011 and 2012 Purchased Gas Cost Proceedings (PA PUC Docket Nos. R-2010-2201702, R-2012-2285985, R-2011-2228694 & R-2012-2292082).
  • Represented a large Electric Generation Supplier before the PA PUC in defense of a complaint brought by a coalition of industrial and commercial customers regarding charges stemming from the January 2014 polar vortex events. (PA PUC Docket No. C-2014-2425989).
  • Represented Aqua Pennsylvania, Inc. in increasing its Distribution System Improvement Charge (DSIC) from 5% to 7.5% of billed revenues (PA PUC Docket No. R-2008-2079310) and drafted the Statement of Policy.
  • Represented SUEZ Water Pennsylvania Inc. in its acquisition of the municipal water and wastewater systems of Mahoning Township, Montour County, Pa. This important strategic transaction required the team to negotiate multiple contracts and to obtain several government approvals, and the client is now poised for further regional expansion.
EDUCATION :
  • Dickinson School of Law, J.D., 1997
  • Grove City College, B.A., magna cum laude, 1994
BAR ADMISSIONS : Pennsylvania COURT ADMISSIONS :
  • Pennsylvania Supreme Court
  • U.S. District Court -- Middle District of Pennsylvania
AFFILIATIONS :
  • Pennsylvania Bar Association - Public Utility Law Section
  • Energy Association of Pennsylvania - Affiliate Member
  • Order Sons of Italy in America - Grand Lodge of Pennsylvania
  • The American Legion
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