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David R. Poe
Partner
Assistant
Sandra Liboro202.828.1726
Dave Poe has over 35 years' experience providing administrative, regulatory, and multi-jurisdictional litigation (including appellate) representation and advice to clients in infrastructure service industries, particularly electric utilities (such as hydroelectric and nuclear generation), 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.
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, 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.
Representative Matters
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.
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.
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.
Working with local conservation groups, federal and state agencies, obtaining release of lands from a project as well as reconfiguration of project boundaries so as to permit implementation in Pennsylvania of comprehensive regional plans for recreation, conservation and tourism.
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 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
"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.
"The Electric Consumers Protection Act: A Look Back and a Look Forward," CCH Power and Telecom Law, November/December 1999.
"Who Rules Over the Airwaves?" Legal Times, Oct. 5, 1998.
"King Canute Wades into the Cybersurf: Reflections on Competitive Issues in the Implementation of the Telecommunications Act of 1996," Infrastructure, Spring 1998.
"Who Should Direct Telecommunications Law?" Legal Times, Nov. 25, 1996.
"As the World Turns: Cable Television and the Cycle of Regulation," Federal Communications Law Journal, 1991.
Education
J.D., Duke University School of Law, 1974
B.S.M.E., cum laude, Honors Scholar, University of Missouri, 1970
Bar Admissions
District of Columbia
New York
North Carolina
Court Admissions
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
Affiliations
Section 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
Noteworthy
Martindale-Hubbell® AV® Preeminent™ Rating
Adjunct Faculty, Catholic University, Columbus School of Law, 1992-98
Duke University School of Law, Moot Court Board
