David P. Yaffe

Senior Counsel

202.298.1840

dpy@vnf.com

Assistant

1050 Thomas Jefferson Street NW
Seventh Floor
Washington, DC 20007
  • Long time general counsel to a four-state public power agency regarding FERC transmission regulation, power sales, electric generation development, municipal revenue bond offerings, PURPA qualifying facility issues, and federal Power Marketing Administration (PMA)  issues.
  • Outside counsel to a New York State power authority in matters including the establishment and the client’s subsequent interaction with the New York Independent System Operator, negotiation of a long term off-take agreement with a merchant transmission facility developer, negotiation, and representation before the FERC regarding a long term power sale off-take agreement from a bundle of electric power plants.
  • Negotiation of non-standard interconnection and transmission service agreements for large wind farms in the MISO and SPP RTO areas.
  • Successful representation of solar and other interests in comments to the FERC about integration of variable energy resources with the transmission grid.
  • Lead trial counsel in a state court trial of a dispute about a thirty year old power sale agreement between public power agencies.
  • Several arbitrations in California involving public power agencies concerning the operation and output of a federally chartered hydroelectric project.
  • Successful negotiation of the first modern-era, full service interconnection agreement in California between a control area operator and an independent distribution utility in the control area.
  • Representation of natural gas distributors before FERC regarding the changing relationship with pipeline suppliers during the transition of the natural gas industry.

Publications

Why Capacity Markets are the Fitbits of the Electric Utility Industry

The Electricity Journal, Vol. 31 Issue 3 pp. 32-38
04/01/2018

AGA FERC Manual: A Guide for Local Distribution Companies (2015-2016)

Contributing Author
American Gas Association, 2015-2016 Edition
06/01/2015

Variable Renewable Energy and the Electricity Grid

Contributing Author, RFF Press (Printed in the UK; to be issued in U.S. in late July)
07/01/2014

Renewable Energy Certificates: A Patchwork Approach To Deploying Clean Technologies

Journal of World Energy Law and Business, Vol. 5 Issue 1 pp. 1
02/01/2012

Power Administrations Seek Increased Role

North American Wind Power
12/01/2008

Limiting Energy Imports to 2005 Levels: A Goal of National Self Reliance

The Energy Daily, Vol. 33 Issue 121
01/01/2005

Can Joint Action Agencies Thrive in a Restructured Electric Utility Industry?

Public Power
12/01/1995

Presentations

Legal Essentials for Energy Professionals

Speaker, "Special Considerations for Public Power: Municipal Utilities, Cooperatives, and Power Marketing Agencies"
Vermont Law School's Institute for Energy and the Environment and the Environmental Law Institute
Washington, DC
05/04/2015

APPA Legal Seminar

"Public Power - Just How Unregulated Are You?"
10/22/2013

TEDx EmbryRiddle

"How Will We Power the Future of Our Race"
Daytona Beach, Florida
02/08/2013