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Biography
David's practice concentrates on natural gas sales and transportation contracting, and regulation of the natural gas industry in the United States and overseas. He represents natural gas producers and pipelines in certificate and rate proceedings before the Federal Energy Regulatory Commission ("FERC"), as well as non-U.S. companies seeking to make investments in the U.S. energy industry.
David has negotiated numerous U.S. and non-U.S. gas sales, gas transportation, gas storage, LNG storage, LNG sales, and other related contracts. He has also been involved in merger and acquisitions activity involving natural gas assets, both in the United States and overseas.
His regulatory practice has included the representation of natural gas pipelines in the full range of matters before the Federal Energy Regulatory Commission and state commissions, including rate, certificate, restructuring, and enforcement matters. He has represented producers in proceedings before FERC, in their capacities as sellers of gas and as transportation customers of regulated natural gas pipelines. In addition, David has considerable experience with issues affecting natural gas supply to electric power generation facilities.
Internationally, David has advised on regulatory issues in Latin America, Africa, and Europe. He has assisted clients with privatizations of state-owned assets, as well as with green field natural gas developments. He has also analyzed existing natural gas laws and regulations, and provided guidance on the development of new regulatory schemes applicable to emerging natural gas industries.
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Representative
Experience
- Assisted sponsor in developing innovative fuel supply, power sales and natural gas tolling agreement for merchant power plant constructed in New England
- Assisted natural gas marketer in drafting and negotiation of retail gas sales agreements for nationwide accounts
- Represented major industrial gas consumer in negotiation of comprehensive natural gas supply, gas portfolio management and transportation capacity management agreement with leading national natural gas marketer
- Advised on regulatory issues affecting various acquisitions of gas pipeline, power plant and LNG import terminal assets by U.S. and foreign investors
- Advised sponsors of natural gas transportation and distribution project regarding regulatory issues affecting greenfield project delivering gas produced in Argentina to markets in Chile
- Negotiated and drafted gas supply and gas transportation agreements for gas transportation and distribution project delivering gas produced in Argentina to markets in Chile
- Advised sponsors of various proposed and existing power plants in Chile with regard to fuel supply, fuel transportation, and power sales issues
- Advised sellers and buyers with respect to numerous gas feedstock sales, LNG sales and gas tolling agreements
- Represented customers in the negotiation of long-term LNG import terminalling services agreements
- Assisted successful bidder on natural gas distribution facilities privatized as part of Gas Del Estado privatization in Argentina
- Advised on regulatory issues affecting greenfield gas transportation project in South Africa and Mozambique, and negotiated wellhead gas purchase and end-user gas sales agreements
- Advised the regulated entity in connection with administrative proceedings to set gas transportation tariffs in United Kingdom
- Advised various investors regarding gas regulatory systems in numerous countries including Argentina, Bolivia, Chile, Mexico, Mozambique, South Africa, Turkey and United Kingdom
- Represented foreign investors performing regulatory and commercial due diligence involving major acquisitions of pipeline assets, LNG assets and interests in major energy marketers in the United States
- Represented a gas pipeline serving the Northeast in numerous FERC certificate proceedings including pipeline looping, compressor additions, major market laterals and mainline extensions
- Represented a gas pipeline serving the Northeast in numerous FERC rate proceedings including general Section 4 rate increase proceedings
- Represented a pipeline that transports Canadian natural gas to markets in the West on all of its FERC rate and certificate matters
- Represented one of the first pipelines to restructure its services pursuant to FERC's Order No. 636 in proceedings concerning service restructuring, rate realignment and transition cost recovery
- Represented pipeline serving markets in Arkansas and Louisiana in FERC rate and certificate matters
- Represented pipeline serving Midwest markets in various FERC rate matters
- Represented the applicant in obtaining FERC authorization for the construction of gas liquefaction, LNG storage, LNG vaporization and gas transportation facilities
- Represented an independent producer in its capacity as a seller of gas, and as a transportation customer in rate proceedings before FERC involving several pipelines serving virtually every major market area in the United States
- Represented a gas pipeline in drafting and negotiation of numerous innovative market-sensitive pricing arrangements governing regulated services
- Represented the pipeline affiliate of a gas distribution company in state utility commission proceedings to establish inter-affiliate transfer prices
- Represented the pipeline affiliate of a combined gas and electric utility in complex, contested integrated resource plan proceedings before a state utility commission
- Advised several FERC-jurisdictional pipelines on establishment of organizational structures and operating practices in compliance with FERC policies and regulations regarding relations between gas pipelines and unregulated affiliated entities
- Represented a gas pipeline in the development of its tariff in compliance with FERC's initial open access initiatives Order No. 436
- Represented lead intervenors in contested proceedings to establish rates for LNG import terminalling services
- Represented various entities in transition cost recovery proceedings related both to Order No. 436 open access and Order No. 636 service unbundling, including entities seeking transition cost recovery as well as entities from which transition cost recovery was sought
- Represented a local distribution company in contested proceedings before the Department of Energy involving LNG exports
- Represented petitioners and intervenors in numerous appellate proceedings involving review of FERC orders in both company-specific proceedings and industry-wide rulemakings
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Activities and Affiliations
- Member: Energy Bar Association
- Listed: Chambers USA: America's Leading Business Lawyers in energy law, 2003-2006; Euromoney's 2005 Guide to the World's Leading Energy and Natural Resource Lawyers; The International Who's Who of Business Lawyers in oil and gas law, 2005-2006; The Best Lawyers in America in energy law and natural resources law, 2006; Chambers Global: The World's Leading Lawyers in energy law, 2004-2006
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Education and Professional Background
- Georgetown University, B.S., 1977
- University of Virginia Law School, J.D., 1980
- Admitted to practice: District of Columbia, 1980
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