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Articles by David Zambito
Delaware’s Recent Shift to the Prudence Standard Likely to Reshape Utility Cost Recovery
Effective January 1, 2026, the laws in Delaware have changed to replace the business judgment rule with the prudence standard for utility ratemaking. This change in the legal standard for regulated utilities in Delaware now aligns with the prudency standard for cost recovery in most jurisdictions in the United States.
Cozen O’Connor Advises Talen Energy in Historic Data Center Power Purchase Agreement with Amazon
Friday, June 20, 2025 Harrisburg, June 20, 2025 – Cozen O’Connor advised Talen Energy (NASDAQ: TLN), an independent power producer and energy infrastructure company, on the state regulatory and tax aspects of its power purchase agreement with Amazon for Talen to power Amazon Web Services data centers in Pennsylvania.
David Zambito Named to 2025 Power List for Law
Friday, April 25, 2025 HARRISBURG, April 25, 2025 – David Zambito, Chair of Cozen O’Connor’s Utility & Energy Practice, has been named to the Central Penn Business Journal 2025 Power List for Law. This list recognizes those who shape the communities of Central Pennsylvania and improve the quality of life through their legal work. This is Zambito’s second year being named to the list. Zambito has been the Office Managing Partner of Cozen O’Connor’s Harrisburg office for 13 years.
PA PUC Votes 3-2 To Regulate Landlords As Gas Pipeline Operators
In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC enforcement practice and asserted jurisdiction over Pennsylvania landlords as gas pipeline operators if they have behind-the-meter gas distribution systems on their properties.
PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators | JD Supra
In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC enforcement practice and asserted jurisdiction over Pennsylvania landlords as gas pipeline operators if they have behind-the-meter gas distribution systems on their properties.
PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators [Alert]
In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC enforcement practice and asserted jurisdiction over Pennsylvania landlords as gas pipeline operators if they have behind-the-meter gas distribution systems on their properties.
FERC in Position to Ride Out Any Election Day Upheaval
Friday, November 1, 2024 David Zambito was quoted in a Law360 article regarding the potential impact on the policies and staff of the Federal Energy Regulatory Commission (FERC) once a new president takes office. FERC’s policy direction is unlikely to be overturned immediately due to the current full complement of commissioners, including a 3-2 Democratic majority. FERC is an independent agency, and major moves to exert control would likely result in a court battle.
David P. Zambito Named to 2024 Power List for Law
Wednesday, May 1, 2024 HARRISBURG, May 1, 2024 – David P. Zambito, chair of Cozen O’Connor’s Utility & Energy Group, has been named to the Central Penn Business Journal 2024 Power List for Law. This list recognizes those who shape the communities of Central Pennsylvania and improve quality of life through their legal work.
Save the Ridgeline - Southern Ulster Times
You have 4 free items remaining before a subscription is required. Subscribe now! | Log in Letter to the Editor Posted 2/7/24 Many people driving through Marlboro are seeing signs to Save the Ridge and don’t know what is going on. The town board of Marlborough, is working together to try and find an amendment to our … This item is available in full to subscribers. E-mail Password Print subscribers If you're a print subscriber, but do not yet have an online account, click here to create one.
Cozen O’Connor Adds Litigator Charles A. Zdebski to Energy & Utility Practice
Thursday, September 21, 2023 WASHINGTON, D.C. – September 21, 2023 - Cozen O'Connor is pleased to welcome veteran regulatory lawyer and litigator Charles A. Zdebski to its Washington, D.C. Office. Zdebski, whose career spans three-plus decades of serving as litigation, regulatory, and transactional counsel to many of the world’s leading energy, telecommunications, and transportation brands, joins as a member of the firm’s Utility and Energy practice group.
Michael Klein and David Zambito Recognized Among City & State Pennsylvania’s Energy and Environment Power 100
Monday, August 28, 2023 HARRISBURG, August 28, 2023 – Michael D. Klein and David P. Zambito, members of Cozen O’Connor’s Utility & Energy Practice, have been named to City & State Pennsylvania’s Energy & Environment Power 100 list. The list recognizes Pennsylvania's most influential leaders driving change in the environmental and energy sectors.
Continuing the “Return to Normalcy” at the Pennsylvania Public Utility Commission | JD Supra
The Pennsylvania Public Utility Commission (PUC), like many other public and private organizations, is gradually returning to pre-pandemic procedures.
Pennsylvania Public Utility Commission Enters a New Phase in Responding to the COVID-19 Pandemic | JD Supra
On March 11, 2021, the Pennsylvania Public Utility Commission voted to take additional steps toward returning to pre-COVID-19 pandemic procedures for collecting amounts due for public utility service in Pennsylvania.2 As of April 1, 2021, existing commission-ordered restrictions on service terminations will be lifted in favor of modified rules for payment arrangements that allow customers to pay their arrearages over extended periods.
Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies | JD Supra
Pennsylvania Governor Tom Wolf, in his 2021 budget address on February 3, 2021, again pressed the Pennsylvania Legislature to legalize adult-use recreational marijuana. His recommendation stems from a report by Lieutenant Governor John Fetterman, now a candidate for the U.S. Senate, that concluded legalization is supported by a majority of Pennsylvanians and would help mitigate the commonwealth’s fiscal woes.
Pennsylvania Public Utility Commission Enters Phase 2 of the Moratorium on Utility Shut-Offs | JD Supra
In March, 2020, the Pennsylvania Public Utility Commission (PUC) unanimously issued an emergency order that generally prohibited Pennsylvania electric, natural gas, water, wastewater, telecommunications, and steam utilities (the affected utilities) from terminating customers’ service during the COVID-19 Pandemic Emergency. The PUC failed to incorporate an “ability to pay” test in implementing the service termination moratorium.
The Saga Continues: Pennsylvania PUC Delays Action on Terminating the Moratorium on Utility Shut-offs | JD Supra
In March 2020, the Pennsylvania Public Utility Commission (PUC) issued an emergency order that prohibits Pennsylvania electric, natural gas, water, wastewater, telecommunications, and steam utilities from terminating customers’ service during the COVID-19 pandemic emergency, declared by Governor Tom Wolf earlier in March.
In Party-Line Vote, the Pennsylvania PUC Continues the Moratorium on Utility Terminations | JD Supra
On Thursday, June 18, 2020, the Pennsylvania Public Utility Commission (PUC) voted 2-2 to maintain the PUC’s moratorium on utility terminations while Governor Tom Wolf’s Proclamation of Disaster Emergency (the proclamation) remains in effect.1 The vote came on a motion by Commissioner John F. Coleman, Jr., who was supported by the other Republican on the commission, Ralph V. Yanora. Chairman Gladys Brown Dutrieuille and Vice Chairman David W. Sweet (both Democrats) voted against the motion.
Democrat-Controlled PA PUC Touts Trump Tax Savings to Ratepayers, Denies Infrastructure Reinvestment | JD Supra
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Duquesne Light Proposes 220 Percent Rate Increase for Backup Service Days Before PA PUC Acts to Promote CHP | JD Supra
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PA PUC Requests Input on Proposal Regarding Fully Projected Future Test Years in Rate Cases
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Federal Tax Reform: Major Changes Impacting Public Utilities
On December 22, 2017, President Trump signed into law a comprehensive tax reform bill commonly known as the Tax Cuts and Jobs Act (the Act). The Act contains several changes of general applicability to the taxation of business enterprises, which also have significant implications for public utilities (utilities). Some of these changes were addressed in a previous Alert. This Alert focuses on the changes contained in the Act that are uniquely important to utilities.
PA PUC Approves PA-American Water’s Fair Market Value Acquisition of McKeesport Wastewater System
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