David A. Fitzgerald
David A. Fitzgerald
2321 Fairview Ave. East #3, Seattle WA 98102
Catholic University of America, J.D., 1995
Colorado College, B.A., 1988
David Fitzgerald joined Davison Van Cleve in July 2019 after spending 12 years with the energy group of Schiff Hardin LLP where he had been the deputy practice group leader. A native of Colorado, David has represented consumer owned utilities in regulatory, transactional, lobbying, and litigated matters for more than twenty-four years. He began his work in the energy field staffing Senator Howard Metzenbaum (D-OH) on the Senate Energy and Natural Resources Committee during the consideration of the Energy Policy Act of 1992. David moved into private practice representing consumer owned utilities in 1995 with the law firm of Verner, Liipfert, Bernhard, McPherson and Hand. After sixteen years living and working inside the beltway, David moved to Seattle but continued to maintain a Washington, D.C. presence, first with Sullivan and Worcester and most recently with Schiff Hardin.
Over the years, David has appeared in proceedings before the Federal Energy Regulatory Commission (“FERC”) litigating electric matters including enforcement of the Public Utility Regulatory Policies Act (“PURPA”), Federal Power Act Section 205 and 206 filings, Return on Equity (“ROE”), and the exercise of FERC’s jurisdiction over non-jurisdictional utilities. David has also represented customers of each of the Power Marketing Administrations (“PMAs”). These efforts have involved lobbying on Capitol hill, negotiating customer funding arrangements and power contracts, and representing customers in U.S. District Court and the U.S. Court of Appeals for the D.C. and Eleventh Circuits.
In transactional matters, David has assisted clients with wholesale power supply agreements to meet partial and all requirements needs. In these negotiations and preparation of short- and long-term agreements, David has represented G&T Cooperatives, distribution cooperatives, joint action agencies and municipalities. These power supply arrangements have been structured for clients in and outside organized markets.
David has presented multiple times at the National Rural Electric Cooperative Association (“NRECA”) G&T Legal Seminar and the American Public Power Association’s (“APPA”) legal seminar. In recent years, he coauthored a primer on Distributed Generation (‘DG”) and PURPA for NRECA and is currently authoring a chapter on state DG policies for an American Bar Association (“ABA”) book. For more than fifteen years, David has been an articles editor for the Energy Law Journal.
In his spare time, David is often engaged in lacrosse activities with his two daughters. While he endeavors to coach his younger daughter’s team, he is still trying to master the differences between the rules for the women’s game versus the men’s game which he played in high school and college. He is willing to admit, however, that the women’s game is more fluid and enjoyable to watch than the brand of lacrosse he played.