David P. Yaffe

Of 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

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

The Requirement to Provide Wholesale Service Under the Federal Power Act: A Remedy of Continuing Vitality to Promote Efficiency and Prevent Discrimination

Energy Law Journal, Vol. 9 Issue 2 pp. 459
12/01/1988

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