People

David Tewksbury specializes in energy law, particularly with regard to electric power. As a partner in our FERC and Private Equity practices, David represents a variety of power industry clients in matters relating to energy regulations and transactions.

David represents and advises independent power producers, electric power marketers, trade associations and others in a wide range of regulatory and transactional matters. Regulatory matters include issues arising under various federal and state laws, including the Federal Power Act, the Public Utility Regulatory Policies Act of 1978, the Natural Gas Act, the Natural Gas Policy Act of 1978, the Public Utility Holding Company Act of 2005 and the Energy Policy Act of 2005. Transactional matters include electric power and natural gas supply contracts, transmission service agreements, interconnection agreements, pipeline leases and capacity release agreements, mergers and acquisitions and bankruptcy restructurings.

Before becoming a lawyer, David was an energy analyst at an economic consulting firm, and was an assistant and associate editor of the Foster Natural Gas Report and the Foster Electric Report. He also interned in the Office of the General Counsel at the Federal Energy Regulatory Commission.

Since 2009, Chambers USA has selected David as one of America’s leading lawyers in the Energy/Electricity field. And since 2012, Chambers Global has identified him as a leading lawyer for Energy: Electricity (Regulatory & Litigation) USA. In addition, Public Utilities Fortnightly named him as one of its “Groundbreaking Lawyers of 2010.”

Full Bio

Credentials

B.A., Williams College

J.D., Washington and Lee University, magna cum laude, Order of the Coif

Supreme Court of the United States

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the D.C. Circuit

District of Columbia

Maryland

Matters

Regulatory and Litigation Practice
Representation of the Electric Power Supply Association in FERC proceedings challenging waivers of affiliate power sales restrictions granted to certain Ohio utilities.

Representation of the New England Power Generators Association in FERC proceeding relating to proposed reforms to the ISO New England capacity market rules relating to generator retirement.

Representation of NRG subsidiaries in FERC proceedings relating to PJM Interconnection’s proposal to increase the performance obligation of capacity resources.

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Matters

Regulatory and Litigation Practice
Representation of the Electric Power Supply Association in FERC proceedings challenging waivers of affiliate power sales restrictions granted to certain Ohio utilities.

Representation of the New England Power Generators Association in FERC proceeding relating to proposed reforms to the ISO New England capacity market rules relating to generator retirement.

Representation of NRG subsidiaries in FERC proceedings relating to PJM Interconnection’s proposal to increase the performance obligation of capacity resources.

Representation of Exelon on FERC issues relating to price-taker offers into the ISO New England capacity market from resources that have opted to lock-in the clearing price from their first auction.

Representation of NRG on FERC issues relating to a yieldco, including obtaining blanket authorization for drop-downs of assets from NRG to the yieldco.

Representation of the Electric Power Supply Association as an amicus in Supreme Court case regarding preemption of Maryland PSC orders providing subsidies for new capacity sold into the PJM Interconnection market.

Representation of NRG on federal energy regulatory matters relating to its acquisition of substantially all of the assets of Edison Mission Energy.

Representation of a NextEra subsidiary in FERC and appellate proceedings relating to the elimination of a right of first refusal granted to incumbent transmission providers with respect to upgrades to the ISO New England transmission grid.

Representation of the Electric Power Supply Association in FERC proceedings challenging market rules for Midcontinent ISO resource adequacy construct.

Representation of USPowerGen and TransCanada subsidiaries in a FERC proceeding regarding buyer-side market power mitigation in the New York City capacity market.

Representation of NRG, USPowerGen and TransCanada subsidiaries in FERC proceedings relating to the New York capacity market.

Representation of the Electric Power Supply Association in various FERC, Environmental Protection Agency and appellate proceedings relating to demand response participation in wholesale markets.

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 various Calpine, Tenaska, Dynegy, NRG 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.

Matters

Regulatory and Litigation Practice
Representation of the Electric Power Supply Association in FERC proceedings challenging waivers of affiliate power sales restrictions granted to certain Ohio utilities.

Representation of the New England Power Generators Association in FERC proceeding relating to proposed reforms to the ISO New England capacity market rules relating to generator retirement.

Representation of NRG subsidiaries in FERC proceedings relating to PJM Interconnection’s proposal to increase the performance obligation of capacity resources.

See more
Icon close

Close

Matters

Regulatory and Litigation Practice
Representation of the Electric Power Supply Association in FERC proceedings challenging waivers of affiliate power sales restrictions granted to certain Ohio utilities.

Representation of the New England Power Generators Association in FERC proceeding relating to proposed reforms to the ISO New England capacity market rules relating to generator retirement.

Representation of NRG subsidiaries in FERC proceedings relating to PJM Interconnection’s proposal to increase the performance obligation of capacity resources.

Representation of Exelon on FERC issues relating to price-taker offers into the ISO New England capacity market from resources that have opted to lock-in the clearing price from their first auction.

Representation of NRG on FERC issues relating to a yieldco, including obtaining blanket authorization for drop-downs of assets from NRG to the yieldco.

Representation of the Electric Power Supply Association as an amicus in Supreme Court case regarding preemption of Maryland PSC orders providing subsidies for new capacity sold into the PJM Interconnection market.

Representation of NRG on federal energy regulatory matters relating to its acquisition of substantially all of the assets of Edison Mission Energy.

Representation of a NextEra subsidiary in FERC and appellate proceedings relating to the elimination of a right of first refusal granted to incumbent transmission providers with respect to upgrades to the ISO New England transmission grid.

Representation of the Electric Power Supply Association in FERC proceedings challenging market rules for Midcontinent ISO resource adequacy construct.

Representation of USPowerGen and TransCanada subsidiaries in a FERC proceeding regarding buyer-side market power mitigation in the New York City capacity market.

Representation of NRG, USPowerGen and TransCanada subsidiaries in FERC proceedings relating to the New York capacity market.

Representation of the Electric Power Supply Association in various FERC, Environmental Protection Agency and appellate proceedings relating to demand response participation in wholesale markets.

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 various Calpine, Tenaska, Dynegy, NRG 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.

Credentials

B.A., Williams College

J.D., Washington and Lee University, magna cum laude, Order of the Coif

Supreme Court of the United States

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the D.C. Circuit

District of Columbia

Maryland