- International Practice
- Securities Regulation
- Climate Change
- Financial Institutions
- Labor and Employment
- Strategic Communications
- Corporate and Securities
- Financial Restructuring
- Educational Institutions
- Private Funds
- Intellectual Property
- Public Finance
- White Collar Defense
- Environmental Strategies
- Internal Investigations
- Real Estate and Projects
David R. Poe
Dave Poe has more than 35 years' experience in administrative, regulatory, and multi-jurisdictional litigation (including appellate) representation and in providing advice to clients in infrastructure service industries, particularly electric utilities, hydroelectric generators, telecommunications and cable TV companies. He has been involved in federal and state legal issues specific to these industries and represents clients before the Federal Energy Regulatory Commission, Federal Communications Commission and many state public-service commissions.
Dave counsels companies with respect to issues arising under both Parts I and II of the Federal Power Act. In addition, he represents clients in contract negotiation, antitrust counseling, risk management, and issues relating to public-utility holding companies and affiliates.
Dave advises clients in administrative and arbitration proceedings relating to complex factual matters such as hydroelectric licensing (including relicensing) and certification, environmental and recreational issues, accounting issues, interconnections, transmission and public utility rates and tariffs, contracts and complaints. He also has knowledge of generic administrative rulemaking proceedings involving deregulation and competition relating to adaptation of traditional regulatory models to emerging technology and competitive markets.
Ongoing representation of one of the nation's largest, energy-intensive industrial companies that is also a public-utility holding company by virtue of its ownership and operation of hundreds of megawatts of electric generation and transmission.
Sale of 630 MW hydroelectric generation portfolio in a complex transaction involving license compliance and Native American issues and complications.
Successfully amended a hydro license to permit project redevelopment through the addition of a new powerhouse and an additional 100 MW of installed capacity.
Supervised the successful relicensing of a 350 MW hydro project adjacent to a national park in North Carolina and Tennessee, including amendment of the park boundaries so as to permit issuance of a license. Later successfully negotiated sale of the project, including associated transmission facilities, in a transaction requiring negotiation of interconnection reconfigurations.
Representation regarding relicensing of a 210 MW hydro project in North Carolina, including defense of the existing licensee against threats of state take over and litigation regarding CWA Section 401 certification.
Successful amendment of a license to reconfigure a 45 MW powerhouse addition based upon supplementing a 15-year old Environmental Impact Statement, thereby substantially shortening timing of both environmental reviews and construction.
Settlement of multi-party headwater benefits/bankruptcy dispute in Maine.
Implementation of a complex settlement in Maine on the Penobscot River watershed whereby capacity was increased at some upstream plants in return for conveyance of downstream plants to a conservation trust for decommissioning and removal.
Negotiation of an agreement with EPA to safeguard a downstream dam in Montana during the process of removing an upstream dam that was a Superfund site because of the contaminated sediments trapped behind it.
Numerous representations of buyers and sellers of other hydro facilities including, in some cases, negotiation of reconfigured interconnections with the bulk electric system.
Representation of a buyer of electric generation in a context that permitted favorable rate treatment of an acquisition premium.
Publications and Speeches
“News You Can Use on Net Neutrality,” Electric Light & Power, June 2015.
“Emerging Legal and Regulatory Matters Impacting Northwest Hydro,” Northwest Hydroelectric Association Annual Conference, February 2015.
“Hot Topics in the Hydro Arena,” National Hydropower Association Annual Conference, April 2014.
“Court affirms FERC ROE policy, but faults FERC for not applying official notice,” Power Engineering, June 2013.
“High Noon in the 7th Circuit,” Energy & Mining International and Energy & Infrastructure, June 2013.
“Court affirms FERC ROE policy, but faults FERC for not applying official notice,” Electric Light & Power, May 2013.
“A New Groundwork For Applying The Mobile-Sierra Standard,” Law360, March 2013.
"PPL Montana LLC v. Montana: Supreme Court Decides Riverbed Ownership Dispute," Recent Developments in Public Utility, Communications and Transportation Industries 2012, published by the American Bar Association’s Section of Public Utility, Communications and Transportation Law.
"The FCC's Pole Attachment Discount for Telecom Cos," Law 360, April 2011.
"Wide Array of Views about Adequate Level of Reliability for Bulk Power," Natural Gas & Electricity, October 2006.
J.D., Duke University School of Law, 1974
B.S.M.E., cum laude, Honors Scholar, University of Missouri, 1970
District of Columbia
U.S. Supreme Court
U.S. Courts of Appeals for the 1st, 2nd, 4th, 6th, 9th, and District of Columbia Circuits
U.S. District Court for the Southern and Eastern Districts of New York
U.S. District Court for the Eastern, Middle and Western Districts of North Carolina
Member, ABA Board of Governors, 2013-2016 (Finance Committee, Investment Subcommittee)
Delegate to the ABA House of Delegates, 2005 to present
Chair, Section of Public Utility, Communications, and Transportation Law, American Bar Association, 2003-04
Advisory Board, CCH Power and Telecom Law, 1997-99
Advisory Board, Rate Symposium, University of Missouri Columbia, 1997-99
Member, Federal Energy Bar Association
Member, Federal Communications Bar Association
US Legal 500, Energy: Regulatory, 2013
Martindale-Hubbell® AV® Preeminent™ Rating
University of Missouri Engineering Honor Award, 2012
Adjunct Faculty, Catholic University, Columbus School of Law, 1992-98