Overview
David G. Tewksbury focuses his practice on federal energy regulatory law, particularly as it relates to electric power. He advises independent power producers, power marketers, trade associations and others on a wide range of federal energy regulatory, markets and reliability matters.
David handles 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.
His portfolio of 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.
David has more than 35 years of experience in the energy industry, including 20 years as a practicing lawyer. Prior to his legal career, David was an energy analyst at an economic consulting firm specializing in FERC issues and an assistant editor of two energy industry trade publications. He also interned in FERC’s Office of the General Counsel.
Results
- Represented the Electric Power Supply Association (EPSA) and others before FERC in successfully opposing DOE-proposed rule to subsidize uneconomic coal-fired and nuclear-powered generation resources*
- Represented Clearway Energy in obtaining blanket authorization for drop-downs of interests in FERC-regulated public utilities from parent to yieldco*
- Represented IPP complainants and others in successful complaint to FERC seeking expansion of offer-floor mitigation for subsidized resources participating in PJM capacity market*
- Represented NRG Energy in obtaining FERC approvals for the sales of its renewables business and its South Central generating fleet*
- Represented NRG Energy in obtaining FERC approval for the acquisition of retail power marketers*
- Represented GenOn in obtaining FERC approvals required in connection with bankruptcy reorganization*
- Represented EPSA in supporting PJM filing with FERC of proposed reforms to rules governing its operating reserve market*
- Represented EPSA and others in connection with proposals to expand offer-floor mitigation for subsidized resources participating in New York ISO capacity market*
- Represented GenOn in obtaining FERC approvals for sale of its Choctaw Generating Station to Entergy Mississippi*
- Represented NRG Energy in commenting on proposed changes to California ISO rules relating to Congestion Revenue Rights auctions*
- Represented EPSA in FERC proceedings successfully challenging waivers of affiliate power sales restrictions granted to certain Ohio utilities*
- Represented ReEnergy Holdings in obtaining FERC approval for redemption of interests held by Riverstone subsidiary*
- Represented GenOn subsidiary in obtaining waiver of ISO New England market rules relating to generator filings for additional cost recovery*
- Represented Talen Energy in obtaining FERC approvals for proposed internal corporate reorganization*
*Matter handled prior to joining McDermott
Recognitions
- Chambers USA
- Energy: Electricity (Regulatory & Litigation) – Nationwide, Band 1, 2016 to 2022
- Energy: Electricity (Regulatory & Litigation) – Nationwide, Leading Lawyer, 2009 to 2020
- Chambers Global
- Energy: Electricity (Regulatory & Litigation) – USA, Band 1, 2017 to 2020
- Energy: Electricity (Regulatory & Litigation) – USA, Leading Lawyer, 2012 to 2020
- The Best Lawyers in America, Energy Law and Energy Regulatory Law, 2022 and 2023
- Public Utilities Fortnightly, Groundbreaking Lawyers of 2010
- Legal 500, Leading Lawyer in “Energy Regulation: Conventional Power” 2020 to 2022
- Washington, DC Super Lawyers, Energy & Natural Resources
Credentials
Education
Washington and Lee University, JD, magna cum laude, Order of the Coif, 1998
Williams College, BA, 1989
Courts/Agencies
US Supreme Court
US Court of Appeals for the District of Columbia
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for Seventh Circuit
US Court of Appeals for the Ninth Circuit
Admissions
District of Columbia
Maryland
