David S. Berman


David S. Berman

  • services
  • experience
  • admissions
  • education
  • professional activities
  • results
  • publications

Having represented electric utilities and other clients before the Federal Energy Regulatory Commission (FERC), federal courts and various regulatory agencies for over twenty-four years, David has become a pillar in the energy regulatory industry.

In general, his practice focuses on transactional matters, tariff and rate filings and regulatory compliance issues for electric utilities, regional transmission organizations (RTOs) and transmission groups within RTOs. More specifically, David advises clients on matters relating to:

  • the formation of, and ratemaking for, independent transmission companies
  • regional cost planning, regional cost allocation and interconnection issues within RTOs
  • transactional matters relating to the sale or acquisition of generation and transmission assets
  • applications for market-based rate authority and merchant transmission authority
  • rate proceedings
  • market design and mechanisms for wholesale energy and ancillary services markets
  • Representing transmission owner clients in filing to establish MISO’s MVP regional cost allocation process before FERC and in related appeals. The filing was generally approved by FERC, and FERC’s decision was generally affirmed by the court.
  • Representing transmission owner clients in Order No. 1000 rulemaking and compliance proceedings and related appeals.
  • Representing public utility client in proceeding for approval of transmission rate incentive filing and related tariff changes; received requested incentives.
  • Representing transmission owner clients in comments filed in opposition to petition for rulemaking on interconnection issues.
  • Representing transmission owner clients in proceedings to develop formula rate information protocols.
  • Representing public utility in depreciation rate filings.


District of Columbia

U.S. Court of Appeals, Seventh Circuit

U.S. Court of Appeals, District of Columbia Circuit

Supreme Court of the United States

Catholic University of America, J.D. (1993)  (Editorial assistant of the Catholic University Law Review; awarded American Jurisprudence Award for Administrative Law)

Washington University in St. Louis, B.A. in history (1982)

Energy Bar Association

Women’s Council on Energy and the Environment

  • Report of the Judicial Review Committee, 35:1 Energy L.J. (2014)
  • Report of the Judicial Review Committee, 33 Energy L.J. 301 (2012)
  • Report of the Judicial Review Committee, 22 Energy L.J. 195 (2001)
  • Report of the Judicial Review Committee, 21 Energy L.J. 243 (2000)
  • Report of the Judicial Review Committee, 20 Energy L.J. 167 (1999)
  • Report of the Judicial Review Committee, 19 Energy L.J. 207 (1998)
FERC Limits the Retail Regulator "Opt-Out" from Demand Response Participation in Wholesale Markets and Considers Further LimitationsFERC Proposes Rule on Ambient-Adjusted and Seasonal Transmission Line Ratings to Improve Accuracy and TransparencyFERC Order No. 2222 Aims to Facilitate Distributed Energy Aggregator Participation in Wholesale Electricity MarketsView News