David A. Fitzgerald counsels rural electric cooperative and municipal electric system clients with respect to regulatory, transactional, litigation and legislative matters. Mr. Fitzgerald serves in a general counsel capacity to a large coalition of power suppliers in the Southeast who purchase energy and capacity from the federal government. He also coordinates lobbying registration activities for clients requiring registration under the Lobbying Disclosure Act.

Mr. Fitzgerald resides in Seattle, Washington.

Experience

• Represents coalition of customers of Bonneville Power Administration before the Federal Energy Regulatory Commission
• Coordinated successful effort to save hydropower customers $340 million in potential costs
• Successfully assisted municipally owned utility in securing preliminary permit for hydropower licensing
• Led successful client effort in intervention in appeal of North American Electric Reliability Corporation (NERC) reliability designation
• Helped negotiate settlement for transmission owner to implement Open Access Transmission Tariff (OATT) formula rate
• Review bi-annual transmission owner formula rate filings for compliance with Federal Energy Regulator Commission (OATT) requirements
• Successfully challenged transmission owners pension recovery practices
• Advised clients on U.S. Army Corps of Engineers regulations and policies on hydropower generation
• Counseled clients on hydropower operational issues including licensing obligations
• Negotiated power purchase agreements including contracts integrating hydropower resources into organized power market
• Helped secure favorable legislative language for client power supply operations in federal legislation
• Advise clients in multi district litigation over water use for hydroelectric generation in the Southeastern United States
• Coordinate client's grassroots federal lobbying efforts to preserve federal funding levels for Power Marketing Administration

Speeches and Presentations

"Renewable Energy - Considering Hydropower," American Public Power Association Legal Seminar (October 10, 2010)

"National Update on New Developments Affecting the Renewable Energy Industry," Law Seminars International (October 7, 2010)

"Major Congressional Policy Activities Affecting the Renewable Energy Industry," Law Seminars International (October 8, 2009)

"Congressional Action on Energy Issues," Law Seminars International (September 14, 2009)

"Federal Energy Legislative Initiatives: Whither the Tipping Point?" Law Seminars International (September, 2008)

"Power Marketing Administration Developments," American Public Power Association Legal Seminar (October 2003)

"Issues in Long Term Power Supply Contracts," National Rural Electric Cooperative Association Generation and Transmission Legal Seminar (November 2001)

Previous Experience

Before joining Schiff Hardin, Mr. Fitzgerald was a partner at Sullivan & Worcester LLP. Earlier, he was an associate with Verner, Liipfert, Bernhard, McPherson and Hand.

His experience also includes over six years working on Capitol Hill.  During that time, he was on the staff for Senator Howard M. Metzenbaum (D-Ohio) and focused on a variety of issues including the Energy Policy Act of 1992.  He also staffed Senator Metzenbaum on the Environment and Public Works Committee and the Labor and Human Resources Committee.

Mr. Fitzgerald is past contributor to the American Bar Association Annual Report of the Public Utility, Communications, and Transportation Section and is currently an Articles Editor for the Energy Law Journal.