David G Tewksbury

Representative Experience

Regulatory and Litigation Practice

• Representation of USPowerGen and TransCanada subsidiaries in a FERC proceeding regarding buyer-side mitigation in New York capacity market.
  
  
• Representation of various generators in a FERC proceeding on Peak Energy Rent element of New England capacity market.
  
  
• Representation of NRG, USPowerGen and TransCanada subsidiaries in a FERC proceeding regarding the resetting of the demand curve for the New York capacity market.
  
  
• Representation of USPowerGen subsidiaries in a FERC proceeding regarding reforms to the New England capacity market.
  
  
• Representation of the Electric Power Supply Association in a FERC rulemaking proceeding on compensation for demand response resources and subsequent appellate proceedings.
  
  
• Representation of Mirant on regulatory matters relating to its merger with RRI Energy.
  
  
• Representation of the Electric Power Supply Association and other trade associations as amici curiae in Supreme Court cases regarding sanctity of contract and market-based rate issues.
  
  
• Representation of the Electric Power Supply Association, Calpine Corporation and subsidiaries of GenOn, NRG, Dynegy and Tenaska Power Fund  in FERC and D.C. Circuit proceedings relating to the California ISO’s station power protocol.
  
  
• Representation of the Electric Power Supply Association in D.C. Circuit cases involving challenges to FERC’s jurisdiction to determine the installed capacity requirement for purposes of ISO New England’s capacity market.
  
  
• Representation of various subsidiaries of Mirant, Tenaska and LS Power in a FERC proceeding relating to PJM Interconnection’s credit policies.
  
  
• Representation of the Electric Power Supply Association in opposing a complaint challenging the results of PJM Interconnection’s capacity auctions.
  
  
• Representation of two competitive power companies on energy-related issues arising out of rejection of facility leases and power sales contracts in bankruptcy.
  
  
• Representation of the Electric Power Supply Association in filing a petition with FERC seeking guidance on “control” and “affiliation” issues arising out of upstream investments in competitive power companies.
  
  
• Representation of various Calpine, Tenaska, Dynegy, GenOn, Exelon and LS Power subsidiaries in connection with obtaining, and complying with conditions associated with, authorizations to sell electric energy, capacity, and ancillary services at market-based rates, exempt wholesale generator and qualifying facility status, and FERC approvals for various transactions.

Transactional Practice

• Representation of an independent power producer in negotiating and drafting a $7 billion power sales contract with the California Department of Water Resources and a subsequent amendment to that contract.
  
  
• Representation of a municipal utility in preparing a standard form customizing the terms of the EEI Master Power Purchase and Sale Agreement and a collateral annex for use in a procurement process.
  
  
• Representation of a power marketer in negotiating sales to various entities pursuant to the WSPP Agreement.
  
  
• Representation of an interstate natural gas pipeline in connection with a capacity lease.
  
  
• Representation of a Chapter 11 debtor in forming a joint venture to develop a proposed generation project in the Western U.S.