David joined BGM as a partner in 1989, with more than a decade of experience in private practice and supervisory positions at FERC. While his practice focuses on FERC regulation of electric utilities, he also assists clients in connection with arbitrations and state regulatory commission proceedings. Much of David’s current work is for clients that own electric transmission facilities within regional transmission organizations (RTOs). He was involved extensively in the development of California's Independent System Operator and Wholesale Power Exchange and advises clients on matters involving RTO formation and development, regional transmission planning, cost allocation and rates, market design and related tariff issues. He frequently participates in collaborative representations of similarly-situated utilities and is regarded as a leader in such collective efforts.

David’s experience covers the gamut of electric utility regulatory matters, including drafting and negotiating energy-related contracts and tariffs, providing regulatory support on asset sales, utility restructurings and mergers, advising on competition issues in regulated markets, developing cost-based, market-based and formula-based rates for wholesale power sales, supporting ratemaking incentives for newly constructed transmission facilities, assisting in the recovery of stranded investment costs, and litigating before FERC and in related appellate proceedings.

David began his law practice in 1977 as a FERC trial attorney. He later served as FERC's deputy assistant general counsel and acting assistant general counsel for Electric Rates and Corporate Regulation (1981-1985). In these positions, he advised FERC commissioners on all matters concerning their regulation of the electric utility industry including rates, corporate reorganizations and financings, federal power marketing agency pricing, and cogeneration/small power production facilities. Before joining BGM, David expanded his base of experience in private practice to include project financings and negotiation of various power purchase and thermal energy use contracts.

David graduated magna cum laude from Tufts University and cum laude from Suffolk University Law School, where he was a Law Review editor. He is a member of the District of Columbia Bar, the Massachusetts Bar, the United States Court of Appeals (D.C. Circuit), the American Bar Association and the Energy Bar Association.

Bar Admissions

• District of Columbia

• Massachusetts

• Admitted to practice in: the U.S. Court of Appeals for the District of Columbia Circuit, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. District Court for the District of Columbia Circuit

Education

• Suffolk University Law School, J.D. (1977), cum laude

• Tufts University, B.A. (1974), magna cum laude

Professional Associations and Memberships

• Energy Bar Association

• American Bar Association